•YAILE-VMIWlEISSinnr- BOUGHT WITH THE INCOME OF THE Alfred E. Perkins Fund a* The Collected Historical Works of Sir Francis Palgrave, K.H. In Ten Volumes Volume Seven THE RISE AND PROGRESS OF THE ENGLISH COMMONWEALTH ANGLO-SAXON PERIOD IN TWO PARTS PART II PROOFS AND ILLUSTRATIONS CAMBRIDGE UNIVERSITY PRESS C. F. CLAY, Manager LONDON : FETTER LANE, E.C. 4 NEW YORK : THE MACMILLAN CO. BOMBAY CALCUTTA . MACMILLAN AND CO., Ltd. MADRAS TORONTO : THE MACMILLAN CO. OF CANADA, Ltd. TOKYO : MARUZEN-KABUSHIKI-KAISHA ALL RIGHTS RESERVED THE COLLECTED HISTORICAL WORXS OF SIR FRANCIS PALGRAVE, K.H. ¦ . * edited by his son Sir R. H. INGLIS PALGRAVE, F.R.S. THE RISE AND PROGRESS OF THE ENGLISH COMMONWEALTH ANGLO-SAXON PERIOD PART II PROOFS AND ILLUSTRATIONS Cambridge : at the University Press i 9 2 I CONTENTS PAGE List of Errata . . . . [vi] Table of Contents of Part II . . iii Part II. Proofs and Illustrations ... 1 Editor's Notes ... ... 863 Index . . 875 a3 ERBATA Page 104, line 21, for Chaaines1 read Chaaines ,, 271, ,, 34, for Bretaigne read Bretagne ,, 311, ,, 22, for iETHELRED read Edred ,, 519, ,, 2, for Walter read Drogo ,, 600, ,, 8, for Bishop Aldred read Bishop Aldun or Ealdhun ,, 609, lines 18, 32, for Successione read Obsessione ,, 621, line 5, for Malcolm III1 read Malcolm III ,, 622, ,, 3, /or Malcolm IV1 read Malcolm IV THE RISE AND PROGRESS OF THE ENGLISH COMMONWEALTH. ANGLO-SAXON PERIOD. CONTAINING THE ANGLO-SAXON POLICY, AND THE INSTITUTIONS ARISING OUT OP LAWS AND USAGES WHICH PREVAILED BEFORE THE CONQUEST. BY FRANCIS PALGRAVE, F.R.S. & F.S.A. PART IL PROOFS AND ILLUSTRATIONS. "By Commonwealth I must be understood all along to mean, not a Democracy, or any form of "Government, but any independent community, which the Latins signified by the word Civttas, to " which the word which best answers in our language is Commonwealth, and most properly expresses " such a Society of Men, which Community or City in English does not, for there may be subordinate " Communities in a Government; and City amongst us has quite a different notion from Common- *' wealth : and, therefore, to avoid ambiguity, I crave leave to use the word Commonwealth in that " sense in which I find it used by King James the First, and I take it to be its genuine signification ; " which, if any body dislike, I consent with him to change it for a better."— Locke, on Government. LONDON: JOHN MURRAY, ALBEMARLE STREET. MDOOOXXXH. CONTENTS OF PART II. PROOFS AND ILLUSTRATIONS. page Part II. PROCEEDINGS BEFORE THE KING, etc. 1-119 ON THE ADMINISTRATION OF JUSTICE BEFORE THE KING IN PERSON 1-5 Ancient narratives of judicial proceedings, — their value and interest . 1 Introductory observations on the narrative of the suit between Hilary, Bishop of Chichester, and Walter, Abbot of Battle, concerning the exemption of the Abbey from Episcopal jurisdiction . . 2 Exemptions contained in the foundation charter .... 2 Battle Abbey — filled with Monks from Marmoustier, — over whom Gausbert was appointed the first Abbot .... 3 Stigand insists that Gausbert shall repair to Chichester to receive consecration — Gausbert appeals, with success, to William, who confirms the exemptions of the Abbey ..... 3 1148. Bishop Hilary attempts to exercise Episcopal jurisdiction over the Abbot. The latter appeals to King Stephen ... 4 Stephen orders the Charters to be read before him, and decrees in favour of the Abbot ........ 4 Richard de Anesty — observations on his narrative of the suit brought by him against Mabel de Francheville for the land of "William my Uncle," i.e. William de Sackville ..... 5 Sackville pedigree (note) ......•• 6 William de Sackville, — account of his marriage, and marriage contracts 6 TRANSLATION OF RICHARD DE ANESTY'S NARRATIVE OF HIS SUIT, AND OF HIS VARIOUS PROCEEDINGS . . 9-29 Account of the family of Anesty (note) ...... 9 Ralph Brito, — account of him and of his possessions (note) . . 9 Richard de Lucy, his history. — Charters by which Ongar, and other possessions, were granted to him by William, Earl of Gloucester, William, Earl of Mortain, and Henry II. (note) ... 10 Master Peter de Melidis (note) 15 Bishop Hilary, — his history (note) ...... 15 1159. Henry II. , his expedition against Toulouse (note) . . 17 The family of De Marci (note) ....,.-• 18 Master Giordano Fantasma (note) ... • • 18 [iii] iv Contents Part II. PAQE Writ of Protection (note) • • 19 Master Ambrose (note) . . ..... 20 Ancient Itinerary, or description of the road from London to Rome (note) 21 Particulars of the arguments employed by Richard de Anesty on the hearing of his cause (note) ....... 22 Radulphus de Glanville (note) ...... 25 Henry de Essex, his history (note) ...... 25 Gifts and douceurs given by Richard de Anesty to his "helpers," and to the King and Queen ... ... 26 Ogerus Dapifer (note) ........ 26 Account of the moneys borrowed by Richard upon usance from the Jews, for the purpose of carrying on his suit ... 27 Ralph, the King's physician (note) .... . 27 Comitissa, the Jewess of Lincoln, and her family (note) . . 27 Hakeline the Jew (note) ....... 28 Bruno the Jew (note) ........ 28 HISTORY OF THE DISPUTE BETWEEN THE BISHOP OF CHICHESTER, AND THE ABBOT OF BATTLE . . . 30-91 1148. Hilary, Bishop of Chichester, maintains that the abbey of Battle ought to be subjected to his jurisdiction,— attempts to enforce his Episcopal authority ........ 30 Abbot Walter cited to a synod at Chichester .... 31 Bishop Hilary attempts to visit the abbey in his episcopal capacity . 31 The Abbot pleads the exemption granted by the charters of the Con queror, — alleging that the exemption had been confirmed by Lanfrane, Archbishop of Canterbury, and Stigand, Bishop of Chichester .......... 31 The Bishop threatens to put him under an interdict, and carries his threat into effect, by pronouncing sentence of suspension, unless the Abbot should obey within forty days .... 33 The Abbot appeals to King Stephen, who requires both parties to appear before him, in order that he may put an end to such dis sensions, in the presence of his Bishops and Barons . . 34 The Charters are read before King Stephen, who declares the Church of Battle free from the jurisdiction of the Ordinary . . 34 Death of Stephen, 25th Oct. 1154 35 Bishop Hilary immediately excommunicates the Abbot . . 35 . .who is then at London with his brother, Richard de Lucy, awaiting the arrival of Henry Plantagenet ..... 35 . . but Archbishop Theobald interferes ; — and, at his request, the Bishop releases the sentence ...... 36 1154, Dec. 19. Henry II. crowned at Westminster ... 36 1155, Feb., March. Great Council held, in which Henry renews "Peace" throughout England 36 . . various Abbots and others obtain confirmations of their Charters . 37 Bishop Hilary applies to the Archbishop of Canterbury to prevent the confirmation of the Battle Charters 37 Contents page Part II. The Archbishop protests accordingly agamst the confirmation of the privileges of Battle Abbey, as prejudicial to the rights of his Church ; in consequence whereof the King directs the Chancellor to stay the sealing of the Charters ..... 37 The Abbot remonstrates with the King, — who alters his mind, and commands that the Charter shall be sealed .... 39 The Bishop now protests agamst the allowance of the Charter ; upon which the King again orders that it shall be sealed, &c. . 39 Meeting or conference at Lambeth — the Chancellor causes the Con queror's Charter to be read before the Archbishop, the Bishop, the Abbot, &c 40 The Bishop demands a sentence against the Charter, because none of his predecessors had confirmed it .... . 41 The Archbishop agrees with him, and the Chancellor therefore withdraws the Charter for the purpose of depositing it in the King's chapel . 41 Hugh de Mortimer rebels agamst Henry II. ... . 42 Henry II. besieges Mortimer in his castle of Bregge (Bridgnorth), at which time the Abbot repairs to the King, and labours for the renewal of his Charter ........ 42 1155. Henry II. subdues Hugh de Mortimer. Great Council or Parliament summoned, in which peace is settled between them . 43 The King, by the advice of his Privy Council, and of Reginald, Earl of Cornwall, and Richard de Humez, restores the Charters to the Abbot 43 Council held at Westminster, Christmas 1155, after which the King sails for Normandy, January, 1156 . . . . . 44 The Abbot follows the King, and finds him at Saumur, 29th Aug. 1156 44 The Abbot is suspected by certain other ecclesiastics, — who imagine that he has attempted to injure them with the King . . 44 1157. The Abbot summoned by virtue of a bull or rescript issued by Pope Adrian, to appear at Chichester, on Mid-Lent Sunday, to hear the Pope's commands ...... 45 Opening speech of the Abbot ....... 46 Dean of Chichester requires the Abbot to produce the Pope's bull . 47 The Abbot says he has it not with him 47 A transcript of Pope Adrian's bull read ..... 47 The Dean resumes his discourse 48 Requires the Abbot to write and seal a "schedule" or instrument con taining his profession of obedience ..... 50 The Abbot's rejoinder ........ 51 Prays an adjournment, until he can consult with the King . 53 His prayer for an adjournment is rejected by the Court . . 53 . .and the Dean again requires him to execute the instrument . 54 The Abbot persists in his refusal ; and the Dean therefore dissolves the Court ........... 55 The Abbot, by Richard de Lucy, his brothers transmits an account of the proceedings to the King 56 The King orders the Bishop to leave the Abbot in peace, until his return to England ... .56 vi Contents Part II. page Henry II. returns to England after Easter; lands at Southampton, and proceeds to London. The Abbot meets him at Richard de Lucy's castle of Ongar 56 1157, May 19. Henry II. holds a Court or Great Council at Bury St. Edmund's, to which the Abbot and Bishop had been specially summoned — the King gives them another day at Colchester, on Thursday then next, 23 May ..... 57 The King calls in certain persons to assist him as his Council . 58 Richard de Lucy, on behalf of the Abbot, makes a proffer of the Char ters of the Conqueror ........ 59 . .which are read before the Court by the Chancellor, Thomas a Becket 59 . .the King inspects them, and orders them to be deposited, to gether with the Charters of William Rufus, Henry I. and his own 59 The Chancellor declares that the Abbot is bound to reply to the ob jections raised by the Bishop of Chichester ... 60 The King takes a distinction respecting the effect of the professions of obedience ......... 60 Richard de Lucy opens in favour of the Abbey of Battle . 60 Robert, Earl of Leicester, follows on the same side ... 61 1157, May 28. Henry II. , assisted by certain Prelates, Barons, and others, holds his Court ....... 62 . . in which, after the cause pending between the Archbishop of Canterbury and the Abbot of St. Augustine's had been discussed. . 62 . .Richard de Lucy resumes his address on behalf of the Abbot of Battle 63 The Abbot then prays that the Conqueror's Charter may be read . 65 The Charter of William the Conqueror being read by one of the "Clerks," Thomas a Becket, the Chancellor, informs the Bishop that the reply lies with him 65 Reply of the Bishop, in which he intimates a wish for an amicable compromise . ..... . 66 ..which proposal being objected to by the Court, the Bishop declares that he is ready to proceed 66 The Bishop opens his argument, in which he maintains the supremacy of the Pope, and that no Bishop or other Ecolesiastic can be deposed, without the command or permission of the Papal See . 67 ..proceeds to argue, that no layman, not even a king, can confer any ecclesiastical dignity or liberty without the Pope's assent . The King desires him to desist from this attack upon the royal authority . '''''"', . .and Thomas a Becket and the other members of the Court join in expressing their disapprobation Bishop Hilary explains ..but tho King does not aocept his explanation ... 70 Bishop Hilary states how the Abbot attended his consecration ..and how, when visiting his diocese, he was received in the Abbey 68 68 6969 70 7071 Contents vii page Part II. Henry de Essex observes, that the Bishop makes a bad return for the hospitality which had been shewn to him ... 71 The Bishop continues to state that the Abbot absented himself from the Synod, and sent his Prior and certain monks in his stead . 72 Henry de Essex and Richard de Lucy justify the Abbot . . 72 Bishop Hilary resumes ........ 73 He states how he had published the conditional sentence of excom munication against the Abbot ...... 73 Henry de Essex tells the Bishop that he would not have ventured to pro nounce the excommunication if King Stephen had then been living 74 The Bishop proceeds in his address to the King, stating how the Abbot had persevered in his contumacy .... 75 The King denies the right assumed by. the ecclesiastics of annulling the Royal Charters ........ 77 The Abbot's reply 77 Charter, containing the clause of exemption, produced and read . 78 The Bishop protests that he had never been able to obtain a sight of this Charter. The Abbot attempts to answer; but the King silences both parties, and ....... 78 ..declares that the determination of the question belongs entirely to him 78 . . Richard de Lucy begs that the Abbot, his brother, may be allowed to take counsel with his friends ...... 79 Reply of Thomas a Becket, on behalf of the Abbot ... 79 He argues, that the reception of the Bishop was merely an act of hospitality .......... 81 On behalf of the Abbot he disclaims all ill-will towards the Bishop . 81 Thomas a Becket further argues that the Charters do not infringe the dignity either of the Archbishopric of Canterbury or of the See of Chichester, they having been confirmed by the King, his Prelates, and Barons ....... 84 . .justifies the conduct of the Abbot when cited to appear before the Chapter 84 . . accuses the Bishop of having attempted to infringe the royal authority by his application to the Pope .... 85 The King expresses great indignation at the conduct of the Bishop in procuring the Papal Rescript or Bull .... 86 The Bishop denies that the Bull was procured with his knowledge or assent, and insinuates that it was obtained at the instance of the Abbot himself 86 The King intimates that he does not believe this statement to be true. Thomas a Becket desires that the Bull may be read . 87 Thomas a Becket inquires, in the King's name, whether the Bishop has obtained any other Bulls which were injurious to the Abbot, and which the Bishop denies ...... 87 The Archbishop of Canterbury requests the King to allow the business to be ended according to the course of the Canon Law; but the King refuses to allow the Clergy to determine the question . 88 vm Contents Part II. PAGE The King withdraws with his Court, leaving the Bishop and the Abbot by themselves. The Bishop is sent for, and is admitted to a conference with the King; the Abbot is introduced . . 88 Acknowledgment made by the Bishop before the King, in which he renounces all jurisdiction over the Abbot .... 89 The King commands the Bishop to acknowledge that his submission was voluntary, and not enforced 89 The Archbishop induces the King to pardon any imprudent expressions used by the Bishop 89 Names of Members of the Court of Henry II. present at the settlement of the dispute, 28 May, 1157 91 NARRATIVE OF PLEADINGS CONCERNING RIGHT OF WRECK IN DENGEMARSH 92-95 Vessel belonging to Romney, wrecked off Dengemarsh, the crew being saved 92 Anoient law of wreck . 92 How altered by Henry I. ....... . 92 Vessel seized by the men of Dengemarsh, in consequence whereof the Archbishop comes before the King (Stephen) and prefers bis complaint ......... 93 The King orders the Abbot to appear before him in his Court . 93 The Abbot admits that Henry I. could alter the custom of the country during his own reign; but that such alteration not being made with the consent of the Baronage, did not endure beyond his life 93 The Abbot is allowed his Court 94 NARRATIVE HOW ABBOT WALTER RECOVERED CERTAIN LANDS IN BERNEHORN, WHICH HAD BEEN UNJUSTLY USURPED BY GILBERT DE BAILLOL 96-106 Abbot Ralph purchases land of Ingelrannus Becchenerider, the Man, or Vassal, of Withelard de Baillol; to which purchase Withelard himself adds a gift of a portion of the adjoining marsh . . 96 ..gift confirmed by Henry I. and by Henry, Count of Eu, Withelard's chief Lord . .... 96 Under Abbot Warner, the mesne Lord (Baillol) attempts to exact payment for the land, and at last he enters into possession; and grants an hypothecation thereof to Siward, the son of Sigar ...•••••••• The Abbot and his procurators prefer their oomplaints to the King ; but Henry I. dying in parts beyond the seas, no redress is ob tained ..•¦•• Turbulence of the reign of Stephen; Abbot Warner not only unable to obtain justice, but suffers further spoliations Abbot Walter prefers his plaint to Henry IL, who orders a Writ of Right, Ne amplius, &c, to issue, addressed to the Count of Eu, the Chief Lord of the Fee Gilbert de Baillol, tho mesne Lord, evades the prooess The Abbot after inuoh instanoe with the King, procures the removal 97 97 98 98 Contents ix page Part II. of the cause into the Curia Regis; but in consequence of the King's absence from England, the cause continues long pending undecided before the Justices ...... 99 The King gives the parties a peremptory day, to appear before him in person at Clarendon ........ 100 The Abbot appears by his Attornies, Osmond, a Monk of Battle, and Sir Peter de Chriel, or Kiriel 100 The Chirographs and Charters are read, by the King's permission . 100 Gilbert de Baillol objects that the Chirographs of his ancestors are not under seal ........ 101 Richard de Lucy overrules the objection, by stating that, according to the ancient custom, only Kings and very great personages used 101 Gilbert de Baillol then cavils at the Charter of Henry I. — upon which the King defends its validity ...... 101 The land is adjudged to the Abbot ...... 103 Writ of execution issued, directed to four Knights having the custody of the County of Sussex ....... 103 The metes and bounds ascertained by the verdict of a sworn Inquest . 103 Forcible entry made upon the land by Robert de Yclesham, which the Abbot repels by force ...... 104 Robert de Yclesham repairs to the King's Court, and prefers his complaint to the Justiciars, the King being absent . . 104 ..alleging that the Jury had included some of his land in their perambulations ........ 105 The Abbot brings his Jury before the Court, who are willing to swear again to the truth of their perambulations . . . . . 105 Robert de Yclesham declared in mercy, — upon which he takes flight, whilst the Abbot returns home with joy .... 105 NARRATIVE HOW HENRY II., SITTING IN CHANCERY, ORDERED ONE OF THE CONQUEROR'S CHARTERS TO BE EXEMPLIFIED 107-109 The Abbot of Battle applies to the King for the renewal of the Charter of William the Conqueror, which had been injured by time . 107 The King having repUed that he would act according to the opinion . of his Court, the Abbot speaks to Richard de Lucy, who assures him that no objection will be suggested .... 107 The Abbot produces his Charter to the King, sitting in the midst of his great men ......... 107 The King asks their opinion respecting its renewal . . . 108 Richard de Lucy declares that it would be extremely proper to do so, if the King pleases ........ 108 The King orders Walterus de Constanciis, his Chancellor, to make out a renewal of the Charter ...... 108 The King directs that the renewed Charter shall be made in a form, which, until then, had never been used, and which states that the King himself had inspected the old Charter; — and the King declares his reason for this form ...... 109 The Charter is sealed in triplicate ...... 109 62 Contents Part II. ORIGINAL OF THE NARRATIVE, HOW RICHARD DE ANESTY RECOVERED THE LANDS OF WILLIAM DE SACKVILLE, HIS UNCLE LAWS OF THE CONQUEROR .... Introductory observations thereon ..... TEXT OF THE LAWS OF THE CONQUEROR, IN LATIN AND IN ROMANCE EXPLANATION OF THE ANGLO-SAXON LAWS, AS RENEWED BY THE CONQUEROR . THE KING'S PEACE, &c. (I., II.) The King's Peace, how given ....... Peace given by the King's hand or personal pledge Peace thus given by the King's writ and seal, the origin of the pro tections of later periods ....... Domesday — extracts therefrom relating to the King's Peace (note) . "The King's Peace," how proclaimed on the accession of John Proclamation of the Peace on the accession of Ed. I. "WERE," OR PECUNIARY COMPENSATION FOR PERSONAL INJURIES (VII.— XH.) "Were," i.e. damages or compensation paid for bloodshed or personal injuries — Abstract of the laws of Ethelbert in relation thereto The wido-ban, or shoulder-blade (note) Passages shewing the similarity between the legal terms of the Anglo- Saxons and of the Frisians (note) Ancient names of the right and left hand— the Higher-hand, and the Dark-hand; origin thereof (note) The Leech-fee ..... Scandinavian "Assurance of Truce" or "TrygSamaL' the payment of the blood-fine . Feud arismg from bloodshed,— the affair of the whole clan or kindred, not merely of the offender "Appeals" at Common Law substituted for the "Feud'' the Anglo-Saxon period Andrew Horn's "Mirror of Justices," compiled Edward II. , contains apocryphal accounts laws, &c. Supposed Anglo-Saxon appeals (note) OATHS AND COMPURGATION (XJV. AND XV.) Compurgation . Plaintiff's case supported by his "Fore-oath" Thanes empowered to swear by their Gerefas or Seneschals Uaths taken upon the sword Woman swears by her bosom "Mine-law" oath (note) Mode of selecting the Compurgators-al'tered 'about the "time c Conquest Privilege of the Citizens of London-entitled to kill any of the King's retainers, &c, attempting to obtain "hospitation" by forced in of -given upon 1 or "Faida" of the reign of Anglo-Saxon page 110-119120-149 120 121-149 150-192 150-152 150150 150 150 151152 152-160 152154 155 155157 157 158 158 158159 160-166 160 160 160160 160161 161 Contents xi in which case the Citizen was allowed to clear himself by the compurgatory oath of his kinsmen .... Compurgation retained in the Hundred Court of Winchelsea 19 Hen. VI. Felon indicted, in the Hundred Court of Winchelsea, by inquest of twelve men — allowed to clear himself by the compur gatory oaths of thirty-six compurgators, chosen by himself (note) Culprit, cleared by compurgation . ..... 13 Hen. VI. Another arraignment in the Winchelsea Court (note) Form of arraignment (note) ....... Compurgatory oath in civil cases ..... Wager of Law, regulated by Magna Charta .... 4 John. Example of compurgators allowed in the Eyre (note) WARRANTY (XXI.) Warranty — explanations afforded by the Danish law FRANKPLEDGE (XX. — XXV.) Canute's Law of Freeborh ....... Territorial Tithings of the western shires .... Extracts from records, shewing the nature of the Frankpledge (note) Hundred Court — Athelstane^s law relating thereto (note) . Statute of the Witenagemot of Kent, for the purpose of enforcing the general ordinance of Athelstane — the Lord to be answerable for his dependents ......... Original text of the Kentish law (note) ..... Offenders, how enlarged before trial, on the suretyship of the decenna . 19 Hen. III. Records relating to this practice (note) Many parts of England exempted from the Freepledge. Extracts from records, proving this position (note) .. . . . Collective Frankpledge probably enforced by the Conqueror Collective Frankpledge not invariably composed of the same number of individuals ......... Ancient descriptions of the collective Frankpledge (note) . Frankpledge not connected with any political right or privilege THEFT, — FRESH SUIT, &e. (IV. — XIV.) .... Theft, — general obligation of pursuing the offender with hue and cry . In certain cases, no pursuit could legally justify the infliction of capital punishment, unless the party injured concurred in the "suit" . 895. Charter of Ethelred, containing a narrative curiously illustrating the principles of Anglo-Saxon criminal jurisprudence The Lords, Superiors, or "Seniors," of the thief attempt to defend bim ; two are slain ; the third and the offender take refuge in a sanctuary The King's Gerefas give Christian burial to the parties slain, which being contrary to the law, they are accused by the Dux Leofsig Members of the Witenagemot noticed in the Charter; observations thereon (note) ......... Land probably escheated to the King, in case of felony . Summary punishment, and the principles which guided it, not changed in the Anglo-Norman period, or in the early ages of the Common Law ........... page Part II. 162162 162164 164164165165165 166, 167 166 167-175 167 168 168169 170 170171 171172 173174174175 176-184 176 176176 178179179180 180 180 180 181 181 181 181182182 182 xii Contents Part II. PAGB 40 Hen. III. Thieves pursued by the outcry of the country, and immediately beheaded (note) . . •' • • • 20 Ed. I. The person who harboured the thieves presented by the Jury as being in malecredence, and therefore he is outlawed (note) ...••¦•• Contumacious offenders, or those who refuse to appear after present ment or accusation, apprehended by the "Gerefa," and compeUed to find surety or " Borh,"— which if they failed to do, they became liable to capital punishment . • • Township amerced for failing to apprehend the receiver (note) . Two thieves executed by the judgment of the Burghmoot of Appleby, without fresh suit, and after they had parted with the mainour (note) .....••• Liberty of the Town seized into the King's hands, in consequence of this illegal judgment (note) ..-••• Alteration of the law— the power of making arrests having been given in the earlier laws of Edgar, to the suitors or members of the court .....•••••• Offender to be buried in unhallowed ground; any person abetting him to sustain the same punishment as the principal . . • 182 Laws of Canute and Edgar repeated by the Conqueror Miracle of St. Wilfred — two sureties arrive at the critical moment when an offender is about to be executed ... 182 Dangers and oppression of the laws furnish abundant materials for the incidents of the Acta Sanctorum 183 Punishment of death, inflicted as above mentioned, resulting from the laws which allowed of the instant execution of the outlaw or friendless man ......... 183 Extreme severity of punishment inflicted by Edgar . . 183 FORMS OF CIVIL PROCEEDINGS (XLHI., XLIV.) 185-188 Distress or "namium," the first proceeding by which the appearance of a defendant was enforced ...... 185 No other process originally known to the Common Law . 185 Legal forms, declared or enounced in poetry or rhythm . . 185 Poetical formula adapted to the claim or defence of a real action, pre served in the "Textus Roffensis" of Ernulphus, similar in spirit to the "TrygSamal" 185 Other examples of rhythmical formula (note) .... 186 Anglo-Saxon oaths shewing many vestiges of metre. The "Wedding'' form, as retained in England at tbe present day. also derived from the ancient poetry of the law . . ... 187 Metrioal law of promotion (note) ....... 187 Wedding formula (note) ........ 187 Scandinavian law forms — singular efficacy ascribed to them . . 188 Adventures of Gunnlaug ........ 188 THE KING'S HIGHWAYS (XXVI.) 189 The four "Highways of the King" — Watling Street, Fosse, Irmin Street, and Ikenild or Rikenild Way or Street ... 189 Contents xm Molmucius and Belinus (note) The privileges of the "four ways," gradually extended to all public streets and highways ........ Mythological traditions connected with highways. "Chaussees de Brunehault" in Belgic Gaul ....... Watling Street — the Milky-way called by the same name. Supposed by the Franks and Spaniards to indicate the road to St. Jago ; — by the Mahommetans as pointing to Mecca; — the "Way of Souls" of the Iroquois ......... Irmin Street — its connexion witb the pillar of Irmin, the Irminsul, the principal idol of the "Old Saxons" .... MAGICAL POWERS ASCRIBED TO THE FORMS OF THE LAW Ancient superstitions of the law amongst the Scandinavians, &c. . Animals treated as if they were reasonable creatures Bears and wolves considered as outlaws by the Norwegians ..hence perhaps the origin of the ancient legal phrase, "lupinum caput gerere," as applied to an outlaw .... The "Wargus" of the Salic and Ripuarian laws, one banished from all human society — the "War- wolf," or "Loup-garou" Animals banished by legal decrees ...... Vampires liable to legal process — ejected by action, and burnt by sentence of the Magistrate ....... GERMANIC TRIBUNALS, SUPPOSED TO BE CONNECTED WITH PAGAN POLICY The "Frey Feld-gericht," or Free Field Court of the Abbey of Corbey, — anciently under the supremacy of the priests of the Irminsul .......... Composed of sixteen members — the Graff, or Gerefa, the senior member; the "Frohner," or summoner, the junior member, and fourteen "Schoppen," "Rechtsprecher," or Echevins — Declarers of judgment — chosen from amongst the twenty-two septs or families who inhabited the "Gau" ..... The "King's seat," or place of judgment, how consecrated If any judgment was given on a spot not duly consecrated, it was void and of no effect ....... Vestiges of solar worship — similarity to the Bardic institutions Form of opening the Court, by a metrical dialogue between the Frohner and the Graff ......... Jurisdiction of the Free Court extending to all crimes committed in the open air, but to none others ....... Territorial jurisdiction possessed by the Free Court Courts of a similar nature in other adjoining districts The "Vehm Gerichte," or Vehmic Tribunals of Westphalia . Erroneous ideas respecting these courts ..... Westphalia divided into "Freygrafischafften," Free Graviates or Counties, — each containing one or more Vehmic tribunals . Court composed of "Freyschoppen," or Free Echevins, — divided into two classes : the Ordinary, and the Wissende or Witan page Part H. 189 190190 191 191 192-194 192 192192 192 193193 193 195-205 195 195 195 195 195196 198198198199199199 199 xiv Contents Part II. page Initiation of the "Wissende" could only take place upon the "red earth" 199 Rhythmical oath, taken by the candidate, binding him to secrecy, and to make denunciation or presentment of offenders . . 200 Punishment inflicted upon a "Nothschoppe," or one who had disclosed the secrets of the tribunal ....... 200 Vast number of the initiated ........ 200 Ehe or iEwa, term how employed (note) ..... 200 General Chapter, or Parliament of the Vehmic tribunals, possessing both a judicial and legislative authority. .... 201 Vehmic Courts of two descriptions — the "'Offenbare Ding," or open Folkmoot, and the "Heimliche Acht," or secret tribunal . 201 Proceedings in the open court, to which all the resiants within its jurisdiction owed suit and service ..... 201 Extent of the jurisdiction assumed by the Vehmic tribunals . . 201 Circuits of the Echevins; — offenders apprehended in open delict, "hondhabbend," &c, immediately executed . . . 202 "Inquisitorial proceedings" upon "Leumund," or open fame, corre sponding to the "malecredence" of the old English law . . 202 If confirmed by the secret tribunal, the "Acht" or bann was denounced against the culprit, and he was executed as soon as he could be apprehended ......... 202 "Leumund" (note) ......... 202 One of the "Wissende," being presumed to be a true man, was always allowed to clear himself by his compurgatory oath . 203 Accusatorial or ordinary process, by examination of witnesses . 203 The "Wissende" liable only to the accusatorial process ... 203 "Heimliche Acht," or secret tribunal or court, — derived its name from the precautions taken for the purpose of preventing its proceedings from being divulged, — not from any secrecy in the time or manner of the meeting 203 Vehmic tribunals — their origin attributed to Charlemagne; but to be considered more properly as the ancient denunciatory courts of the "Old Saxons," which had survived the conquest of the nation ... . 203 Comparison between the Vehmic courts and the English territorial jurisdictions of the Hundred, &c 204 Probability that, in earlier periods, persons accused upon "Leumund" before the Vehmic Courts could clear themselves by ordeal . 204 Vehmic tribunals— not without their use in Germany PLACES AND MODE OF ASSEMBLING THE FOLKMOOT OF THE HUNDRED. THE "WARD STAFF" OF ONGAR Examples of the assemblages of the ancient popular courts in the open air -in the neighbourhood of springs, under trees, upon moot hills .... Few similar meetings sub dio on the Continent, except in Scandinavia (which, not being subject to Charlemagne, was not affected by his capitular, directing such meetings to be held under cover); 205 206-212 206 Contents xv page Part II. in Westphalia, where the ancient jurisdictions subsisted as before mentioned ; and in Friesland ....... 207 TALE OF THE WARD STAFF 207-212 RECORD BY ORAL TESTIMONY 213-218 Record, — oral testimony so denominated according to the Norman law 213 Record, as described in the Assize of Hen. II. .... 213 EXAMPLES OF ORAL RECORD, ACCORDING TO THE ANCIENT NORMAN LAW 213-218 Record of the King's Court, i.e. the King's Testimony . . . 213 Record of the Exchequer ........ 214 Record of Assize ........ . 214 Record of Battle 214 Record of View .......... 215 EXAMPLES OF ORAL RECORD, ACCORDING TO THE ANCIENT ENGLISH LAW 215-218 6 Ric. I. Four Knights bear record of the result of an Inquest taken in the County Court, concerning an individual who had been falsely alleged to have incurred outlawry .... 215 6 Ric. I. Justices in Eyre bear record of an Appeal in the King's Court at Westminster 216 5 Joh. Knights deputed by the County Court to the King's Court at Westminster, who make record, or testify, concerning a Plea in the County Court ........ 217 Writs of re. fa. lo. as in use, after the custom of transmitting a written statement or record was introduced . . . . . 217 ASSIZE OR STATUTE OF HENRY II. FOR THE CONSERVA TION OF THE PEACE 218-220 . .its singularity, as being the earliest specimen of Anglo-Norman legislation preserved in an authentic form . . . 218 Frankpledge, directed to be renewed by this Assize ... 218 Clauses directing the construction of "gaols," i.e. wooden cages, for the confinement of offenders: similar to the celebrated cage in which the Countess of Buchan was kept by order of Ed. I. . 219 Gaol — etymology of the term (note) ...... 219 Description of the Countess of Buchan's cage (note) . . . 219 Clause for the extirpation of the heresy of the "Publicans" . . 220 Sheriff's oath for the extirpation of Lollardies . . 220 ASSIZE, ENACTED AT CLARENDON BY THE KING BY THE ADVICE OF HIS ARCHBISHOPS, BISHOPS, ABBOTS, AND OTHER HIS BARONS, THE PRELATES HERE ACTING IN THEIR TEMPORAL CAPACITY 221-228 FITZ-AILWYNE'S ASSIZE 229-234 Assize enacted under Henry Fitz-Ailwyne, first Lord Mayor of London 229 Mode of building in ancient London 229 The Jew's house at Lincoln (note) 229 Terms of Fitz-Ailwyne's Assize, indicate the steps by which the Anglo- Saxon Thanes or Echevins, &c. were converted into Jurors . 231 XVI Contents Part II. 231-234 235 ASSIZE, OR BYE-LAW, PROVIDED AND ORDAINED BY THE MORE DISCREET AND BETTER MEN OF THE CITY OF LONDON ... TRIAL BY JURY 235-263 Great importance of viewing Trial by Jury in its proper light- as a trial by witnesses ...-•• Recapitulation of facts established by the Records . 235 WRIT OR CHARTER OF THE CONQUEROR, DIRECTING THE RESTITUTION OF THE LANDS OF THE CHURCH OF ELY, EXHIBITING THE MODE BY WHICH THE ANGLO-NORMAN INQUEST WAS ENGRAFTED ON THE ANGLO-SAXON COURTS 237, 238 WRIT OF WILLIAM RUFUS . .... 238 WRITS ISSUED IN THE NAME OF WILLIAM THE ATHELTNG, SON OF HEN. I. . . • ... 239 DE FORO ABBINDONLS . . ... 240-245 Right of pannage claimed by the Abbot of Abingdon ; recognition to be taken by the "probi homines" of the Hundred, pursuant to Writ of Hen. II. 245 How the Abbot of Caen recovered a curtilage in Wood-street, by a verdict given in the Husting of London, pursuant to the Writ or Commission of Hen. II. ....... 246 House in Wood-street, near St. Peter's Church, which had been the property of Leureth or Liefrid, the Englishman, granted by Walram Fitz-Ralph to the Monks of St. Stephen's Abbey . 246 Complaint preferred to Henry I. by the Monks of St. Stephen at Caen, against the King's tenants of Bridport ..... 249 Ancient records illustrating the mode by which Trial by Jury was substituted for the Fire and Water Ordeal — and the course adopted after Trial by Jury was established ..... 252-263 PEINE FORTE ET DURE ... ... 263-266 . .extended by the Judges to Appeals, though the Statute speaks only of Indictments ..... . . 263 Forms of the Sentence (note) ....... 263 Practice, introduced about the reign of Elizabeth, of placing such heavy weights upon the criminal as killed him in a short time 265 Old Bailey practice. The thumbs of an obstinate prisoner tied together with whipcord, until the torture compelled him to plead 266 Examples of this mode of English torture from the reign of Charles H. to 1734 (note) . . 266 NORMAN JURIES 267-272 Inquests according to the Law of Normandy 267 824—851. Mallum held before the Missus of Nominoe, Duke of Brittany 271 Testimony given by Twelve free Bretons, who are sworn to the truth 271 Judgment by the Echevins ... . 271 ICELANDIC COURTS . . .... . . 272-273 Ancient Courts of the Northmen 272 Godordsmen,— Priests, and Magistrates, in the Pagan age,— hereditary and territorial Magistrates in the subsequent periods ... 272 Contents xvii page Part II. Herred, or Hundred Courts, also called the Varthing, or Spring Courts 272 Doomsmen named by the Godordsmen, in the same manner as the priests of the Eresburg are said to have appointed the Echevins of the Free-field Court of Corbey 272 Fierding, or Quarter Courts ....... 273 Fimtardom, or supreme Judicial Court in cases of ordinary jurisdiction — the "Logretta," being the supreme Political Court, having also an extraordinary jurisdiction ....... 273 Causes decided in this Court by a select body of Doomsmen. — Six chosen by the Plaintiff, and six by the Defendant . . 273 CHANCELLORS, etc. OF THE FRANKISH MONARCHS . . 274, 275 Chancellors and Referendarii of the Frankish monarchs . . 274 Royal Chaplains, their promotion ....... 275 ANCIENT STATE OF THE BRITONS 275-278 1284. Archbishop Peckham's Letter to Edward I. describing the manners of the Welsh, and suggesting plans for civilising them 275 The Gweison Bychan (note) ....... 277 BATTLE TRIALS 279-282 . Various Battle Trials 279 Battle between a male and a female — managed so as to put the parties on an equality ......... 279 Amongst the Angles, a married Woman, accused of the murder of her Husband, might be defended by her Kinsman as her Champion . 279 Battle Trial, how employed by the ancient Bavarians to decide the possession of land — viz. when no proof could be found of the contested boundaries, in which case the Battle Trial is to be considered as a war which was to settle the rights of all parties 280 Amongst the Lombards, Grimoald enacts, that thirty years' possession shall be a bar to a Battle Trial. But Liutprand restores the Battle, if such possession was grounded upon a fraudulent title 281 Lombard pleadings (note) ....... 281 ANGLO-SAXON CHARTERS, etc 282-324 Conveyances of land amongst the barbarians, prepared by the clergy, — by which means a general uniformity of style was introduced 282 Precarise, Prestariae, or Praestitse — land solicited from a superior, and granted or lent by bim, for a qualified and determinable estate 283 These lands called "Laena" or Loans by the Anglo-Saxons . . 283 Precarise also termed Benefices ....... 284 . .their similarity to the Roman Benefices .... 284 Examples shewing that the terms were synonymous . . . 284 About the eleventh century these Benefices acquire the name of Fiefs or Feuds 286 Fief or Fewd derived from Emphyteusis or Emphytefsis . . . 286 Examination of the etymology of the term (note) . . . 287 No word corresponding to Fief or Feudum in any of the Teutonic languages, except "Loan," and its cognate terms . . . 288 Anglo-Saxon Charters 288 Ethelbert's Foundation Charter of St. Augustine's Monastery . . 288 xviii Contents Part II. PAGK Boundaries accurately described.— Burgate, i.e. the Burh-gat (the borough-street or borough-road), still retains its ancient name 288 Ethelbert's Tower (note) 288 Anglo-Saxon Charters, sometimes incur undeserved suspicion . 289 Copies of ancient Charters made in charter-form, sometimes considered as forgeries, in consequence of the character of the handwriting not agreeing with the ostensible date ..... 289 Omissions and alterations in the copies, arismg from carelessness or ignorance ..... ¦ 289 Cases in which forgeries may be detected by the handwriting, and by the spurious embellishments of the Charters .... 290 Croyland Charters — manifestly spurious ..... 290 Papal Bulls not unfrequently forged, in order to support claims of exemption from episcopal jurisdiction ..... 291 Extensive forgeries committed by a Monk of the Abbey of St. Medard, who confesses on his death-bed that he had thus attempted to prejudice the rights of the See of Canterbury, in favour of St. Augustine's Monastery . . . 291 The "Golden Charter" of Croyland (note) 291 Declamatory and turgid style of the Charters of Edgar and his suc cessors. Greek words frequently introduced . . . 292 This affectation noticed by Malmesbury ..... 292 Anglo-Saxon language would probably have become much mixed with words derived from foreign languages, even if the Conquest had not taken place ........ 293 Cases in which the Anglo-Saxon Charters are falsified by internal evidence, — such as the Croyland Charters, which represent the course of proceedings before the Witenagemot to have been like those of the Parliaments of England, temp. Edward II. . . 294 Authentic Clauses often preserved in adulterated Charters . . 294 . . particularly in the subscriptions, which are often genuine, though appended to a modernized or doubtful paraphrase . . . 294 Authenticity of the greater number of the Anglo-Saxon Charters . 294 . . confirmed by history, and by each other 295 Anachronisms, how accounted for .... 295 Seals, whether employed amongst the Anglo-Saxons . . . 295 Description of the Seals of Ethelwald, Bishop of Dunwich, and of Edgitha, Abbess of Wilton (note) 295 Used for certain official purposes from the reign of Ethelred, but not, as in after times, absolutely necessary for the validity of royal charters 296 Custom of sealing charters, introduced by slow degrees . 296 Origin of the double impression, or obverse and reverse of the great seals of the Kings of England: the equestrian figure being origin ally intended to represent them as Dukes of Normandy, and the sitting figure as Kings of England . . . 297 605. (1) Ethelbert, King of Kent, giants a plot of land without the oity of Canterbury, to the end that a monastery may be erected thereon . . ( 298 Contents xix page Part II. (2) Grant by Ethelbald, King of the Mercians and South Anglia, to his Comes, iEthelric, son of Oshere, King of the Wiccians, of lands to be held as an eoclesiastical benefice, with consent of the Bishops and Optimates 300 736. (3) Ethelbald, King of Mercia and South Anglia, taking also the title of King of Britain, grants lands, &c, near Stour, to his Comes, or Ealdorman, Cyniberht ..... 301 (4) Ccenuulf, King of the Mercians, and his brother, Cuthred, Vassal King, or Regulus of Kent, grant lands to S within, their "Minister" or Thane 302 Swithin bequeaths the land to the Church of Rochester . . 304 821. (5) Kenulph, King of the Mercians. — Extracts from his Charter in favour of the monastery of Abingdon ..... 304 The abbey to be exempted from the burthen of finding free quarters for the King's huntsmen, falconers, &c. .... 304 Service of twelve vassals and twelve shields ..... 305 823. (6) Egbert, King of the English, with the consent of his Witena gemot, and of his son Ethelwulf, whom he had appointed to be King of Kent, frees the Church of Rochester from the burthen of finding ' ' Paraverdae ' ' and free quarters for the followers of the Court 306 842. (7) Grant by Ethelwulf, King of Wessex, by the title of "King of the Southern Nations," to Ceolmund his "Prsefectus" . 307 850. (8) Grant by Ethelwulf, King of Wessex, and Etbelstan, King of Kent, to their "Prince" Ealhere 308 (9) Ethelred, Duke or Ealdorman of the Mercians, with the consent of the "Senate," or Witenagemot of Mercia, renews the landboo or charter of Cuthulf the Thane, which had been carried off by the Danes 308 ( 10) Duke Ethelfrith, having lost all his landbocs, the same having been destroyed by fire, applies to Edward the Elder, as supreme Lord of Mercia, and to Ethelred, the Ealdorman of the same kingdom, and Ethelfleda his wife (who was joined with him in the govern ment), and to the Witenagemot of Mercia, to cause new charters to be written for him ........ 309 (11) Oswald, Bishop of Worcester, with the assent of Edgar, King of the English, and Alfhere, Duke of the Mercians, grants Uptun to his "Minister" or Thane Cynelm, or Kenelm . . . 311 (12) Archbishop Oswald, with the assent of Edward, King of the English, and Alfere, Duke or Ealdorman of Mercia, grants one hide of land (parcel of Oswald's Law) to his Knight, Wulfgeat . . 312 (13) Archbishop Oswald, with the assent of King Edward, and of Alfhere, Duke of the Mercians, grants or geboolcs three hides of land to his Thane or Minister Eadric 312 984. (14) Archbishop Oswald, with the assent of Ethelred, Emperor of Albion, and Alfric, Comes of the Mercians, grants Bishop's Stoke to his Knight or Soldier, Ethelred . . . . 313 991. (15) Brithnoth, Duke of East Anglia, being about to go out to war against the Danes, bequeaths all his land to pious uses . 314 XX Contents Part II. 999. (16) Ethelred, Emperor of Britain, grants Cerne to the Church of Abingdon ....... • • 1012. (17) Ethelred, King of all the Nations of the People of Britain, grants Stanton and Hilton to the Bishop of Rochester (18) Charter by which Canute restores certain lands to Christ's Church, Canterbury ......... (19) Lyvingus, Bishop of Worcester, with the consent of King Hardi- canute, and of Leofric, Duke or Earl of the Mercians, grants Elmley to his true man, /Egelric, for three lives SYMBOLS OF INVESTITURE Application of these Symbols ... ... Examples of seisin given by symbols ...... Legend of St. Birlanda ........ SUMMARIES OF ANGLO-SAXON HISTORY .... Difficulty of understanding Anglo-Saxon History, unless the student gains a distinct idea of the succession of each state Few of the names of the "Subreguli," Dukes, &c. and other dependants, or Vassal Princes, preserved by the Chroniclers The succession of the Rulers or Subreguli of the Hwiccas only known from their charters .... Corruptions and alterations of proper names WESSEX.— OLD SAXONS AND JUTES Ella 494, 519. Cerdic and Cynric 534. Cynric .... 560. Ceawlm, .... 591. Ceol, or Ceolric 597, 607. Ceolwulf 611. Cynegils and Cwichelm Cynegils alone Cenwealh Cenwealh expelled Cenwealh restored Seaxburgha Interregnum .... 674. Escwin .... Centwin Ceadwalla .... Ina •-.. Ethelheard 752. Cuthred .... 754, 755. Sigeberht . Deposition of Sigeberht by his subjects (note 755. Cynewulf Cynewulf's death (note) 786. Beohrtric .... 802. Egbert . 836. Ethelwulf . 638. 643. 645.648. 672. 676. 685.689.726. 740- PAGE 315 318 322 323 325, 326 325325 325 327-661 327 327327 328 331-450 331 331 331331332 332 332333333 333333 334334 334334 335335 336 337 338 338 340341342343 351 Contents xxi page Part II. Division of Wales between the sons of Roderick (note) . . . 353 854, 855. Ethelwulf and Ethelbald 354 856, 857. Ethelbald 354 860. Ethelbert 354 866. Ethered 354 871. Alfred 355 901. Edward the Elder 357 Date of the death of Alfred (note) 357 925. Athelstane 365 940. Edmund 378 946,947. Edred 381 955. Eadwy 387 958,959. Edgar 389 975. Edward the Martyr 410 978. Ethelred - 411 1013. Sweyne 411 Ethelred deposed ......... 411 1014. Ethelred restored 411 1016. Edmund 413 1016, 1017. Canute 415 1035. Harold Harefoot 417 Hardacnute .......... 418 1040. Hardacnute restored . . . . . . . 419 1042. Edward the Confessor 419 1066. Harold 428 EARLDOM OF WESSEX 436, 437 1020. Godwin 436 1053. Harold 437 DOMINIONS INCLUDED IN THE KINGDOM OF THE WEST SAXONS 438-450 WIGHT. JUTES OR GOTHS 438 530. Stuf and Wihtgar 438 544. Death of Wihtgar 439 686. Arvald 439 Astulph 439 900. Albert 439 HAMPSHIRE. SAXONS, AND JUTES OR GOTHS . . 439, 440 755. Sigeberht 439 860. Osrio 440 897. Wulfred 440 971. Elfeg 440 982. Ethelmar 440 994, 995. Ethelward 440 1003. Elfric 440 1006. Elfhelm 440 WINCHESTER 440, 441 897. Beornwulf ......... 440 Conquest of the Isle of Wight (note) 440 XXII Contents Part II. PAGE BERKS 441 860. Ethelwulf U1 WILTS U1 800. Weoxtan *** 887. Athelhelm 441 1003. Elfric 441 SOMERSET 442 823. Hun 442 845. Eanwulf 442 878. Athelnoth 442 1013. Sweyne 442 1051. Odda 442 BATH 442 906. Alfred ' • • 442 DORNSETTAS (Dorset) 443 Ethelward 443 837. Athelhelm 443 845. Osrie 443 Godwin ......•¦••• 443 1051. Odda 443 WEST WALES, — Damnonia or Dyvnaint (afterwards Devonshire) and Cernau or Cornwall 443-447 530. Geraint 443 Constantino 444 589. Geraint II 444 710. Geraint IH 444 730. Blederic 445 872. Dongerth 445 917. Owen, or Huganus ........ 445 926. Howell 446 1051. Odda 446 Treaty between the British and Saxon tribes of Damnonia . . 446 ANGLO-SAXON EALDORMEN OF DEVONSHIRE . . . 447-449 851. Ceorl 447 878. Odda 447 899, 900. iEthered, or Edred 447 971. Ordgar, or Aridgar ........ 447 Romantic history of Ordgar (note) ...... 447 Ordwulf 448 1013. ^Ethelmar 448 1020. Godwin 448 1051. Odda 448 988. Goda 448 1001. Cola 449 1003. Hugh 449 1017. Brihtric 449 CERNAU, OR CORNWALL 450 Goodrich ....... 450 Contents xxm page Part II. KENT. JUTES 450-469 446. Hengist and Horsa. 450 Nennius — British traditions (note) 450 465. Hengist. Eric or Mac 452 Ocha 453 Ermerio .......•••• 453 Ethelbert 453 616. Eadbald 454 640. Erconbert 454 664. Egbert 454 673. Hlothere, or Lothar 455 685. Eadric 456 686, 687. Ceadwalla 457 690, 693. Wihtred and Swaebhard 457 694. Wihtred 458 Eadbert, Ethelbert II., Alric 459 762. Sigered 459 770. Eardulf 460 763, 779. Egbert and Heahbyrht 460 784. Alchmund 461 796, 797.' Eadbert Pren 462 Cuthred 462 Sigered 463 823. Baldred 464 825. Ethelwulf 464 836. Athelstane 465 852. Ethelbert 466 866. Ethelred 467 EALDORMEN, GOMITES, AND EARLS OF KENT . .468 568. Oslac. Cnebba 468 Osuulf 468 851. Ealchere 468 897. Ceolmund 468 904, 905. Sigewulf and Sigehelm 468 1007. ^gelmar 468 1035. Godwin 468 Harold ........... 468 975. Wulfsige . . . . . . . .. . 468 MERSCWARE 469 838. Herebryht 469 Kentish territory . ......... 469 SOUTH SAXONS OR SUSSEX 469-475 477. Ella 469 518. Cissa .......... 471 648,661. Ethelwald or Ethelwalch 471 Selsea Charters — their peculiarities (note) ..... 471 685. Berthun. Athelhun ....... 472 693. Huna or Numa, Wattus, Nothelm 473 p. vii. c XXIV Contents Part II. 758. Osmund Ethelbert 796. Sigebert DUCES AND EALDORMEN, etc. OF THE SOUTH SAXONS 693. Bruny 780. Oslac Aldwulf 982. Edwin . 897. Eadulf 1007. Wulfnoth SURREY, "Suthrige,' Frithewald836. Athelstane 853. Huda . 857. Ethelbert . MERCIA. ANGLES 585. Crida Wibba . Ceorl 626. Penda . 653. Peada 656. Wulfhere 675. Ethelred . 704. Cenred . 709. Ceolred 716. Ethelbald 757. Beornred . 757. Offa 785, 796. Ecgferth 796. Cenwulf Offa's coinage (note) 819. Ceolwulf 827, 830. Wiglaf 838. Beohtwulf 852. Burhred 874. Ceolwulf 880. Guthrun 886. Ethelred 912. Ethelfleda 920. Edward the : 925. Athelstane 942. Edmund 947. Edred 955—958, 959. Edgar 975—1014. Ethelred . 1013. Sweyne 1016. Canute 1035. Harold Harefoot Elder the Southern Kin; gdom PAGE 474 474474 475475 475 475 475 475 475 476,477 476 477477 477 477-538 477478 478 479 479480482 482482483 484 485486487 489 490491492494 497 499 500 500502502 503 504 504 504504505 505 Contents XXV page Part II. MIDDLE ANGLES 506 653. Peada 506 1041. Thored . 506 EALDORMEN AND EARLS OF MERCIA .... 506-511 883. Ethelred 506 919. Ethelfleda 508 962. iElfere 510 985. iElfric 511 1007. Edric Streone 511 HWICCAS OR "MAGESETANIA" 512-518 Eanfrid. Eanhere ......... 512 676. Osric. Oswald 512 680. Kenfrith 512 Berthwald 513 680. Oshere 513 706. iEthelward, Ethelric, Cuthbert 513, 514 742. Eanberht, Uhtred, Aldred 514 799. Brorda , 516 800. Hugh 516 800. Ethelmund 516 825. Wiglaf 517 855. Athelwulf 517 Territories comprised in Magesetania . . . . . . 517 WORCESTER 518-521 1029. Haco 518 1041. Raulf 519 HEREFORD, OR HECANA 522, 523 Merwald 522 1056. Alfnoth 523 WARWICK 523 962. Huva 523 CHESTER AND COVENTRY 523-527 Leofric 1 523 Genealogy of the family of Leofric (note) . , . . . 524 Algarl 524 Algarll 524 Leofric II. .......... 524 Leofwine .......... 524 1017. Northman 524 Leofric III 525 Algarlll 527 1065. Edwin 527 LANCASTER 528 1010. Wulfric, otherwise Wulfric Spott ..... 528 Further account of Wulfric Spott (note) ..... 528 SALOP 528,529 1006. Alfhelm 528 STAFFORDSHIRE 529 c2 XXVI Contents Part II. Edwine .... OXFORDSHIRE . 735. Aidan Gurth GAINSBOROUGH . 863. Ethelred 903. Ethelwulf HONOUR OF GLOUCESTER 930. Ailward Algar 1066. Brictric 1051. Sweyn LINCOLN . 628. Blecca 716. Egga . Algar I. . Algar II Godwin 1016. Osgod BRUNNE, IN LINCOLNSHIRE 870. Morcar NORTHAMPTONSHIRE Wulsib. Northman THE DANISH BURGHS 1015. Sigferth and Morcar . LINCOLN (City) . Law-men of Lincoln in the reign of the Confessor Law-men at the time of the Domesday Survey HUNTINGDON 1055. Tostig . Siward WaltheofEAST ANGLES 571. Uffa 578. Tytila Redwald624. Eorpwald Sigbert . Egrice Anna Ethelherr Aedilwald Alduulf Alfwold . 747. Selred 749. Hunbeanna and Eth 758. Beorn Edelred . 631.633.633. 655.660. 680. lbert Contents xxvn 792. Ethelbert . 855. Edmund Legendary histories of St. Edmund (note) 880. Guthrun I. 890. Guthrun II. 905. Eric— Ethelwald Gytro926. Athelstane ^Ethelwold . Ailwin Ailwin's tomb (note) 1004. Ulfkyttle 1017. Thurkill . 1051. Harold 1057. Algar Gurth . GTRWA . 660. Tondbryht Ovin's Cross (note) EAST SAXONS 527. Ercenwine . 587. Sleda . 604. Sebert Sexred. — Seward. — Sigebert Sigebert the Little 653. Sigebert the Good Swithelm665. Sigehere.— Sebbi 683. Offa . Sigeheard. Swefred 709. Selred 738. Swithredl. . 799. Siric . 827. Swithredll. . 836. Athelstane-Ethelwulfing 897. Beortwulf Guthrun- Athelstane 913. Edward the Elder 1016. Edmund Ironside 991. Brithnoth Brithnoth's achievements (note) 1051. Harold and Algar MIDDLESEX . HERTFORD . LONDON . NORTHUMBRIA. ANGLES Bernicia .... Octa. Ebusa . page Part II. 541 542542544545545546546549549549551552553 553 553555 555555 555-561 555 556 556557 557 557557557 557558 558 559 559 560560560560560 560560560561 561, 562562562 562-613 562 562 xxvm Contents Part II. 547. Ida . Adda ClappaTheodwulf FreothwulfTheodoric 589. iEthelric Detra . 559. Ella . Edwin592. Ethelfrith . 617. Edwin . The Bretwaldas (note) 633. Eanfrid . 633. Osric (Deira) 635. Oswald . 642. Oswio 644. Oswin (Deira) Ethelwald (Deira) 671. Ecgfrid . 685. Aldfrid 705. Osred 716. Coenred 718. Osric 729. Ceolwulf . 737. Eadbert 758. Oswulf 759. Ethelwald-Moll 765. Alchred 774. Alchred banished Ethelred or Ethelbert 779. Ethelred deposed 779. Elfwald . 788. Osred . 790. Osred deposed 790. Ethelred restored 796. Osbald 796. Eardulf 806. Eardulf banished Alfwold 808. Eardulf 809. Eanred Ethelred 844. Ethelred expelled. — Redwulf. Alfred. — Ethelred restored 848. Osbert 867. Ella. Osbert 868. Egbert I. 872. Riosig Contents xxix page Part II. 876. Egbert II 581 883. Guthred 581 893. Eric 583 901. Ethelwald 583 912. Regnald. Niel. Sihtric 584 921. Regnald. Sihtric 587 Regnald. Eric 588 937. Anlaf or Olave (Deira). — Regnald (Bernicia) . . . 590 943. Aulaf, Anlaf, or Olave 591 944. Olave and Regnald expelled ...... 592 948. Eric 592 953. Oswulf 594 957. Edgar 595 959. Edgar 595 966. Oslac 595 WaltheofI 598 Uchtred 598 1013. Sweyne 598 1016. Canute 598 1017. Eric or Iric— Eadulf Cudel 600 Aldred 600 1035. Harold 601 Hardacnute .......... 601 Eadulf 601 1042. Siward 602 1055. Tostig 603 1066. Morcar. Edwin 605 1066. Morcar. Oswulf 607 Copsi 608 1067. Cospatric 608 1069. Robert Comyn 608 1072. Waltheofll 609 1080. Alberic 610 1081. Robert de Moubray 610 NORTH AND SOUTH BURTON 610 686. Puch. Adda 610 Genealogy of the Earls of Northumbria ...... 611 BAMBOROUGH 612 912. Aldred 612 914. Eadulf 612 926. Aldwulf 612 926. Aldred 612 HOLDERNESSE 612 Ulf 612 STRATH CLYDE, CUMBRIA, AND THE NORTHERN BRITONS 614 Strath Clyde — extent of the kingdom (note) 614 Cunedda Wledig 614 Tudwal or Totail 614 xxx Contents Part II. PAGE Urien 615 620. Nau, Cau, or Caunus 615 Hoel or Cuillus 615 561. Rodarchus or Rhydderich Hael 615 Morken 615 Urien 616 Gwenlliog 616 Morgant 616 Llywarch Hen 6I6 Eneon Brennin 616 625. Cerdic 616 642. Owen or Hoan 616 657. Gureit 616 Owen or Ainu .....¦••¦ "!' 694. Donald I. 617 Elphin 617 722. Bile, son of Elphin 617 843. KuorCaw 617 866. Constantine 617 871. Artgha 617 882. Eocha 617 900. Donald n 618 908. Donald III 618 920. Eocha, Owen, or Eugenius 618 945. Donald IV. or Dumnhail 619 953. Indulf 619 970. Anderach 620 970. Malcolm IL, son of Duff 620 989, 1000. Malcolm HI 621 Duncan ........... 621 1018. Eugenius Calvus 622 1033. Malcolm IV ... 622 1105, 1126. David .... ... 622 Strath Clyde, &c — Extracts from historians, &c. explanatory of the relations subsisting between them and the Anglo-Saxon or English monarchs 622-625 PICTS AND SCOTS ... 625-661 574. Aidan 625 656. Talorgan ... 626 685. Brudei 626 882. Eocha 626 904. Constantine III 626 946. Malcolm 627 953. Indulf ' 627 971. Kenneth 627 1033. Maloolm It ' 627 1054. Malcolm III 627 1094. Donaldbane 640 Contents xxxi PAGE 1097. Duncan II 641 1097. Edgar 641 David 1 642 1157. Malcolm IV 644 1166. William 645 Genealogy of the Scoto-Pictish, Scoto-Cumbrian, and Scoto-Saxon Kings 661 ROYAL STYLE— OFFICERS OF THE CROWN, etc. . . 662-692 KINGS 662 Title of Cyng, or Konung, probably derived from the Celtic Can, or Cean, i.e. head or chieftain ....... 662 Objections to this etymology — and their answers . . . 663 THE TITLE OF BASTLEUS 663 Imperial title of "Basileus "specially assumed by the Anglo-Saxon Kings 663 Examples of the style and titles of the Anglo-Saxon Monarchs (note) 664 Anglo-Saxon Coronation ritual ....... 669 OFFICERS OF STATE OF THE ANGLO-SAXON MONARCHY 672-685 The Referendary 672 The ChanceUor 672 The Chief Butler 677 The Constable of the Host, or "Stallere" 678 The Chamberlain, or "Bur-thegn," or "Bower-Thane" ... 679 Lobby, origin of the term (note) 680 Hugoline, the Chamberlain or " Bower-Thane " of Edward the Confessor 681 The Grand Carver, or "Dish Thane" 681 The Keeper of the Wardrobe, or "Hrsegel-Thane" . . . 683 The Privy Counsellor, or "Rsedes-Man" 683 43 Hen. III. — English Charter issued pursuant to the Provisions of Oxford (note) 684 ALDERMEN AND EARLS 686-692 Aldermen, — application of the title ...... 686 Aldermen of the Hundred chosen by the Suitors, and appearing as the Representatives of the Hundred in the County Court . . 687 Extracts from records relating to the Aldermen of the Hundred (note) 687 EARLS 688 The title of Earl, as denoting a specific dignity, introduced by the Danes, though always used by the Anglo-Saxons as expressive of high and distinguished birth ....... 688 Earl — supposed by some to be equivalent to Atheling . . . 689 Title of Earl given in the North of England to gentlemen of ancient families .......... 689 Sons of the Kings of England said to be Earls by birth, and without creation (note) ......... 689 Norwegian Earls or Jarls ........ 690 History of Herlaug and HroUaug, Kings of Naumedale, in Norway 690 HroUaug surrenders his kingdom to Harold Harfager, and receives it back as an Earldom • 691 Anglo-Saxon Earls . 691 Part II. xxx[{ Contents Fart II. Rights of the Earls of Deira, in the reign of the Confessor, described for the purpose of exempUfying the nature of the dignity . 691 Official Earls ' ' TENURES OF LAND.-BOCLAND AND FOLKLAND ;-UENLAND ;- HERIOTS; — SERVICES . . • • BOCLAND— i.e. land granted by "landboc," or charter . . 69 i FOLKLAND,— land possessed by immemorial usage . Testamentary dispositions unknown to the ancient Teutons . 694 The Anglo-Saxon "cwide," or bequest, a transaction in the nature of the surrender made by a copy-holder to the use of his wiU . b95 To bequeath,— etymology of the term (note) Many of the grants of Bocland, probably only instruments of con veyance, grounded upon resignations or surrenders Various examples of the nmitations of Bocland . Land thus granted, one of the classes of Laenland Liberties of Oswald's law Land granted upon condition of performing domestic services Heriots or reUefs — due on the death of the landholder Relief due from a King's Thane .... 700 . .from an inferior Thane ...-¦• . .from a Lageman .....-¦ . .from a Burgess .... • • . .from a ViUein ...... 701 Local customs as to Heriots ..... The Anglo-Saxon Lord entitled to claim the services of his Vassals Escheat 703 Suit of Court • 703 Wardship and Marriage .....••¦ Wites or fines incurred by the holders of Bocland, to belong exclusively to the King • 706 THE "FYRD,"— "EXPEDITION,"— OR GENERAL ARRAY 707-719 "Fyrd" or "Expedition" of the Anglo-Saxons, the same as the "Herrbann" of the Franks .... . 707 . . summoned by the King .... ¦ • 7" ' Penalties imposed upon defaulters ... • • 7"° Local customs altering the general law of military service . '" Services of particular Boroughs — details thereof . . . • '" Detachments of certain districts, entitled to particular stations in the Fyrd ... 714 Ethelred's law concerning mihtary and naval service . . . 7*5 Watch and ward, how performed by the landholders. Land specially granted for the performance of such service .... 7^6 Bridge and Burgh bote ....... 718 THANES AND THANAGE— HUSCARLS .... 719-727 Thanes, originally the "Ministri" or Servants of the Anglo-Saxon Sovereigns .......... 719 Name or title of Thane, extended to all the landed population, not being of the highest or lowest grade, i.e. neither Aldermen nor Churls 721 Contents xxxm Thane, equivalent to Baron (note) ....... Knights, or Cnihts, originaUy servants, hke the Thanes Laena, or Feuds granted to Knights. Cniht becomes a title of honour like Thane . . . . . . . Mihtary services purchased by donations of land . Thanes, particulars relating to their rank and condition Huscarls, the Body-guard of the Danish Sovereigns Power of alienation ...... TAXES, DANEGELD, etc Taxes, how coUected ...... . .levied with great rigour .... Land seized and sold to discharge taxes THE WITENA-GEMOT Conformation of these Assemblies ...... Forty hides of land required to place a man of noble birth amongst the Proceres ......... Witenagemot, how summoned (note) ...... Witan of the Shire (note) ....... FEUDALITY AMONGST THE FRANKS— HOMAGE, ANTRUS TIONS, NATURE OF BENEFICES, etc Antrustionship, equivalent to commendation .... Writ declaring that the Frankish Antrustion has duly performed homage .......... Feudal donation of Gascony, . said to have been made by Dagobert (note) .......... Antrustions, described as "fideles in truste. Regis," the King's true or trusty men, his Leudes or Lieges ...... Vassal — Celtic origin of the term ...... Homage and fealty, — distinguished from each other according to the more recent law, but not in the earher periods, — as appears from the precept of Antrustionship ...... Benefices, — how surrendered ....... Examples of Benefices granted on express consideration of fealty and service .......... Question as to the existence of an hereditary right in territorial dignities. — Capitulary of Kiersi (877) considered by some writers as establishing such right ....... 877. Extracts from the Capitulary of Kiersi .... . .to be considered as relating to the custody of Counties, &c. in the interval between the death of the Vassal and the investiture of his successor ......... Homage performed upon change of Lord as weU as of Vassal. — Documents proving this principle ..... I. PRJECEPTUM DE LiESIWERPO Precept of Lossiwerpo, being the record of the surrender made to a Sovereign by a Fidelis, to the intent that he might receive the land again, for his own life, with remainder to another tenant Commentary thereupon ........ page Part II. 721 722722723724725727 728-732 728 728730 732-737 733734735 737 738-780 738738 739 740740 741 741 742 742 742 743744 749-752 749 751 XXXIV Contents Part II. Grant made by Hawise de Gurney, temp. Ric. I., compared with the Precept "de Icesiwerpo" ....... II. BENEFICES GRANTED UPON EXPRESS CONDITION OF SERVICE Examples of Frankish Benefices granted upon the express condition of service or fealty ...... HI. EXTRACTS FROM THE HISTORIANS OF THE FRANKISH EMPIRE, ELUCIDATING THE PRINCIPLES AND PROGRESS OF FEALTY AND BENEFICIARY TENURE . 884. (1) Grant of the Marquisate, or Limitanian Benefice of Pannonia, or Austria .......... 594, 595. (2) Taasilo I. appointed King of the Bavarians by Chddebert 743. (3) OdUo (a descendant of Tassilo I.) obtains his Duchy by the grant of Charles Martel ....... 748. (4) Tassilo (the son of OdUo) restored to his Duchy by Pepin 754, 755. (5) TassUo, as the Vassal of Pepin, attends the Champ de Mars — performs military service, &c. ..... 757. (6) Tassilo appears before Pepin in the Placitum at Compiegne, becomes his Vassal, performs homage, &c. 763. (7) TassUo violates his oaths of fealty ..... 780. (8) TassUo, instigated by his wife, rebels against Charlemagne 781. (9) Tassilo attends the Placitum or Champ de Mai, &c. 781. (10) TassUo repairs to Worms — renews his oaths, but which he immediately afterwards breaks again ..... 787. (11) TassUo surrenders up bis duchy to Charlemagne, by the delivery of the Staff . .renews his vassalage — his son given as a hostage 788. (12) Tassilo brought before Charlemagne, accused of treason — confesses his guUt— shorn as a monk . . his sons also shorn and banished 787. TassUo despatches ambassadors to the Pope, praying his mediation Tassilo summoned to appear before Charlemagne, which he refuses to do . Charlemagne leads his army against TassUo TassUo renews his homage and gives hostages Tassilo appears before Charlemagne, at IngeUieim 3d of Harisliz—(i.e. desertion from the Here or Army,)— and other treasons— condemned to death by the judgment of his Peers (13) Tassilo humbly craves forgiveness for his treasons . . .surrenders (by Guerpition) all the right and property which he, or his sons, or his daughters had, or might have in the Dukedom (14) Duke of the Bavarians always to be chosen or appointed from the family of tho Agilolfings 635,636. (15) Gascons take the oath of fealty to Dacrobert 734, 735 (16) Upon the death of Eudes, Duke of the Aquitanians, Charles Martel occupies tho country, after which he grants the dukedom to Hunald, the son of Eudes, who takes the oath of fealty 788. Accused 794. PAGE 752 753, 754753 755-776 755 756756 757758 758 760761761762763763 764 764 765 767 767 768768 769770 770 772773773 Contents XXXV page Part II 744. Hunaldus submits to the will of Pepin and Karloman, and confirms his engagement by oath [of fealty] ...... 774 884. (17) Zwentibald becomes the Man or Homager of Charles le Gras 774 837. (18) Neustria, &c. granted by Louis le Debonnaire to Charles le Chauve 774 All the Bishops, Abbots, Counts, and royal vassals, perform homage to the new king ......... 775 1127. (19) Upon the inauguration of William the Norman as Count of Flanders, aU those who had been enfeoffed by his predecessor become his men, and perform homage, take the oath of fealty, and receive a new investiture of their fiefs . . . 775 IV. FORMS OF VASSALAGE AND FEALTY .... 776-781 802. (1) Oath of fealty taken before the Missi .... 776 872. (2) Oath of fealty taken by the laity in the general Placitum "apud Gundulfivillam" 777 (3) Oath of fealty to be taken by the Vassal — as prescribed by the book of Feuds 778 (4) The Anglo-Saxon Hyld-oath, or "oath of obedience" . . . 778 (5) Oath of fealty taken to Edmund, as settled in the Witenagemot 778 (6) Homage and fealty how anciently performed by the Baronage on the accession of a King of England ..... 779 (7) Oath of fealty, how taken by Scottish Barons to the King . . 779 (8) English form of performing homage and fealty according to Bracton 779 Oath of fealty to be taken immediately after the homage . . 780 (9) " Modus faciendi homagium," usually, but erroneously, considered as a Statute of the 17 Ed. II. 780 MILITARY ADOPTION— KNIGHTHOOD .... 781-784 Examples of military adoption — Opinions of Du Cange and St. Palaye 781 Extracts from historians, &c. elucidating the principles of military adoption 781-784 (1) Arms given to the German youth, &c. ..... 781 (2) Military adoption of the King of the Heruh by Theodoric of Verona 782 LEGISLATION OF THE STATES COMPOSING THE PRANKISH EMPIRE 784-800 Two modes of enactment in the legislative assembhes of the Frankish empire. The Sovereign might present the proposed law to the assembly: or.it might result from his answer to the petitions presented to him ......... 784 821. PROCEEDINGS OF THE COUNCIL OF THIONVILLE 785 822. PROCEEDINGS OF THE CONVENTUS HELD AT TRIBUR . 790 845 — 864. Proceedings in the CouncU of Meaux, and in the Conventus ofEpernay 793 803. Capitulary of Worms enacted upon the petition of the people 795 Importance of these examples in connecting the legislation of the Roman empire with the proceedings of the Parliaments, &c. of the middle ages ......... 797 1303. Cortes of Medina del Campo (note) 797 XXXVI Contents Part II. Objections to the deductions drawn from the foregoing examples Answers to the objections ........ Ancient transcribers frequently omit the formal or introductory parts of legislative proceedings, as being of no practical use Legislation upon petition ........ Paucity of early examples of legislation upon petition, compensated by the universality of the practice at a later period LEGISLATION OF THE DEPENDENT NATIONS, COMPOSING THE FRANKISH EMPIRE . . ... Legislation of the dependent nations — how exercised in the MaUum before the Missi or Royal commissioners Twelve Scabini to attend each Comes to the Placitum . Scabini elected by the people ....... Capitula framed by the Sovereign with the advice of this CouncU . Assent of the people required by the Capitula 803. Example of the promulgation of a law in the MaUum of the Franks held at Paris ....... Capitulum read before the Scabini ...... Conventions of the dependent nations, held in the presence of the Sovereign ......... 797. Conventus of Aix la ChapeUe. — Saxons assent to certain Capitulars . . ....... Saxons appearing from and for the several Pagi .... Legislation, how exercised by the dependent Sovereigns 772. TassUo's enactment .... Legislation under the third race. — Examples thereof 1262. Ordinance of Chartres, confirmed by Twelve Burgesses Erroneous opinions concerning the absence of a central legislative power in the French Monarchy: the writers holding such opinions, not having adverted to the powers possessed by the Legislatures of the several dominions known by the coUective name of France .... Representation of towns EXTRACTS FROM HISTORIANS, etc. RELATING TO THE— I. WRITS OF SUMMONS TO THE GENERAL CONVENTUS, OR TO THE MALLUM— FORMATION OF THE GENERAL CON VENTUS, &C English Parhamentary Writs, &c. oompared with the Writs of Summons employed in the Frankish Empire (note) Writ of Summons to a General Conventus to be held before the King Writ of Summons to a MaUum to be held before the Missus Certain Comites of Austrasia summoned by the Writ of the Emperor 822. General Conventus hold at Frankfort 823. Conventus held at Frankfort, composed of the "Primores" of East France, Saxony, Bavaria, " Alemannia," Burgundy, &o. 823. Meligast and Celeadragus take t bo oath of fealty to Ludovicus Pius II. THE MALLUM OR PLACITUM— DOCUMENTS RELATING THERETO PAGE 799 799 799 800800 800-843 800 801 802 802802803 803 804804804 806 806 806 807 812 812-819 812814814815816816819 820-824 Contents xxxvu page Part II. 824 — 851. Armorican MaUum held before Gralon or Graelent, the Mactiern, &c, and the Missus of Nominoe, the King or Prince of Britanny 820 Judgment given by the Scabini ....... 820 918. Placitum or MaUum of Carcassone, — Members composing the same, — Clergy, Judges, Scabini, and Rachinburgii, Goths, Romans, and Salians, or Franks . ....... 820 Lands asserted to be held by the service of Cavalcata . . . 822 No service due from the lands, the same being held for the support of the Poor and the maintenance of the Monks .... 823 HI. LEGISLATION OF THE STATES INCLUDED IN THE PRANKISH EMPIRE OR MONARCHY . . . 824-844 1185. Constitution or Assize enacted by Geoffrey Plantagenet, Duke of Britanny, upon the petition of the Bishops and Barons of Britanny 824 Baronies and Knights' fees not to be divided as heretofore, but to descend entire to the eldest sons ..... 825 1212. Establishment or Statute made by Blanche, Countess of Troyes, by the advice and assent of the Barons and Vavassors of Cham pagne and Brie, concerning the succession of Daughters of Barons and Vavassors as coparceners ....... 827 1212. Parhament of Pamiers held by Simon de Montfort . . 829 A Committee of Twelve elected in such Parliament, by whom the ordinances were to be made, — such Committee being composed of two Bishops, one Knight Templar, one Knight HospitaUer, four French Knights, two Knights of the county, and two Burgesses 830 1258. Parhament of Oxford (note) 830 1229. CouncU or Parhament held before the Papal Legate at Toulouse 831 1233. Parhament held before Raymond, Count of Toulouse . . 832 1254. Knights and Burgesses of Beaucaire present their petitions complaining of certain grievances, &c. ..... 832 Exportation not to be prohibited except by the advice of the Prelates, Barons, Knights and Men of the good towns .... 833 1269. Consuls of Narbonne pray that the exportation of corn may be prohibited according to the statute ..... 834 Writ or writs of summons to the Prelates, Barons, and Communities 835 The Estates refuse their assent to a general prohibition . . . 838 1271. Estates of Carcassone 839 Writ of summons to the Archbishop and Chapter of Narbonne . . 839 Consuls of the good towns appearing for their communities . . 842 Procurator, appointed by the Consuls of Albi, appearing for the Consuls and Community ......... 843 DIVISION OF FRANCE INTO NATIONS .... 844, 845 France described by Ivo of Chartres as peopled by distinct nations . 844 DOMESDAY SURVEYS . 845-858 Domesday, — the result of the verdicts of Jurors .... 845 Portions of the original Inquisitions yet extant. — Inquisitio Elienais. — Inquisitio de tenis quos laid tenuerunt in Grantabricgscire . 846 XXXV111 Contents Part II. pAQE Exon Domesday .......... 846 Exchequer Domesday. — Description of the Volumes . . . 847 Domesday, etymology of the name (note) ..... 847 Ancient transcripts of Domesday ...... 848 Survey made by Rufus, at the instigation of Flambard, for the purpose of correcting the errors of Domesday ..... 849 Lands remeasured ......... 849 Ancient measures of land indicated its value and capabihty, rather than its superficial extent ........ 850 Fragments of a Survey contained in a Lieger-book or Register of the Monastery of Evesham. Probability of its being Flambard's Domesday ......... 851 Descriptions of Gloucester and Winchcombe in the Exchequer Domes day, compared with the descriptions in Flambard's Domesday (note) 851 "Liber Winton.," or Surveys of the City of Winchester, in the reign of Henry I . 854 Boldon Book, a Domesday Survey of the Bishopric of Durham, by Bishop Pudsey, 1183 857 Shaftesbury Survey ......... 857 26 Ed. III. Extent of North Wales 857 CONSERVANCY OF THE PEACE 858-862 Conservancy of the Peace, — its relation to Parhament. Conservators appointed in Simon de Montfort's Parhament . . . 858 PBOOFS AND ILLUSTRATIONS. p«*n. PROCEEDINGS BEFORE THE KING, &c. The administration of justice by the Sovereign in person (See Pan i„ is so completely out of the pale of our ordinary legal history, &c.)' that it becomes important to present the reader with some of the authorities affording evidence of the manner in which, during the early era of the Anglo-Norman Monarchy, the King exercised the prerogatives, of issuing at his will and pleasure the process which ran in his name, and also of presiding in his own tribunal. The rolls of the "Curia Regis" have been preserved from the reign of Richard Cceur de Lion, and these are probably the earliest which ever existed. Glanville never employs any expressions which can lead us to suppose that, in his time, the transactions of the supreme tribunal were reduced into writing, so as to form what we now call a record, that term being then °t; of Battle arose out of the privileges conferred AbiJttf'"' by the Conqueror upon the Monastery, which was to be at once «r!!togCthe *Qe lasting monument of his victory, and the supposed atonement alAbbe" °f for the bloodshed which had been occasioned by the assertion EpiLpai of his claim. Jurisdiction. (No. i.) King Willam bythogte him ek of the vole that was verlore And aslawe eke thorn him, in bataile by vore, There as the batayle was, an Abbey he let rere Of Seyn Martin, vor her soules that ther aslawe were And the monekes wel ynou feffede withoute fayle, That ys ycluped in Englelond, Abbey of the Batayle1. [King William bethought him also of the people that were lost And also slain through him in battle before, There where the battle was he caused to be built an Abbey, Dedicated to Saint Martin, for the souls of those who were slain there. And assuredly endowed the monks right well —That is called in England, the Abbey of the Battle.] The territory for one league around the site of the Church, thus founded under the advocation of St, Martin, was granted to the monks with all the King's rights and prerogatives, as free as he held the same, quit of " Geld and Scot,"2 and Danegeld, of Brigbote, Burghbote, and Fyrdwite ; of suits to Shires and Hundreds ; and with Sac and Soe and Toll and Theam, and all the powers by which territorial jurisdiction was exercised. And furthermore, in the plenary exercise of his royal authority, cSr Wilham declared that the Church of St. Martin of Battle was faction to fee freed and exempted from all episcopal jurisdiction, in as ample a manner as the Church of Canterbury. The charter* » Liber de Situ . . . eccleaias de Bello et de possessionibus sibi a ftege Wilhelmo et aliis quibuslibet datis. (Bib. Cott. Domitian ii, f. 23.) [The book of the site etc. of the Church of Battle, and of Charter. Proofs and Illustrations 3 by which these rights were imparted is attested by the Primates Part n. of Canterbury and York, and several other Prelates, Earls and Barons. Stigand, however, the Bishop of the South Saxons, in whose diocese the Abbey was locally situated, does not appear as an assenting party; and the subsequent transactions shew that he then objected to the grant. Gausbert was brought Battle from Marmoustier1 to be the head of the colony of Norman fined with Monks from ecclesiastics, by which the new foundation was to be peopled ; Marmoustier and when he sought consecration from the Prelate, the latter ™ho™ ~ ' Gausbert refused to officiate unless the Abbot-elect repaired to Chichester was . t r appointed to receive the benediction : but the Norman appealed to his ^^tst Sovereign, who forthwith ordained that the Bishop should perform the ceremony in the monastery, and the benediction was given to him by Stigand, before the altar of St. Martin, stigand ° J b ' insists that To remove all pretence of episcopal jurisdiction, WiUiam also Gha"J?bert . ordered that the Bishop and his train should neither lodge in J° Chichester A c to receive the monastery nor take a meal there. And to the end that, f^^^n in aftertimes, the exemption might be placed beyond all doubt, ^cSto'"1 William issued a writa addressed to Lanfranc, Archbishop of ^^- Canterbury, and to Stigand, declaring, or rather enacting, that exemptions all future Abbots should be consecrated at Battle, Hke Gausbert, oftheAbbey- and repeating and enforcing the clause that the church should be discharged from any ecclesiastical subjection, whether to the parent Abbey of Marmoustier, or to any other person whom soever; and that as completely as Christ Church, Canterbury, or as the Chapel Royal of the King. Exemptions from the jurisdiction of the Ordinary seem hitherto to have been very rare, if not entirely unknown, in England, or at least no grant can be produced which is free from suspicion, or which has not been the subject of contest; and as the Norman prelates used every endeavour to retain all the rights which had been enjoyed under the Anglo-Saxon Constitution, the privileges granted to Battle Abbey, to the detriment of the Diocesan, must have been viewed with discontent the possessions granted by King Wilham and certain others. (Cotton MS. Domitian ii, f. 23.)] Monasticon, III. 234. This valuable Manuscript, from which the subsequent extracts are taken, appears to have been compiled before the close of the reign of Hen. II. a Monasticon, III. 244. One of the original foundation charters, a magnificent and perfect specimen of ancient calligraphy, is now in the British Museum. Cart. Ant. Harl., no. 83 A 12. 1—2 Part II. 1148. Hilary,Bishop of Chichester,a Prelate of great learning (see below, p. 15, note b), attempts to exerciseEpiscopaljurisdictionover the Abbot, who appeals to King Stephen. Stephen orders the Charters to be read before him, and decrees in favour of the Abbot. Narratives of the renewal oftheAbbatial Charters (Mo. II.), of the disputes with the men of Romney (No. III.) and with Gilbert de Balliol—(No. IV.). 4 Proofs and Illustrations and jealousy. Therefore, when Hilary, a learned and active prelate, had succeeded to the see in the reign of Stephen, he endeavoured to enforce his episcopal authority by summoning the Abbot, Walter de Lucya, to a synod at Chichester, and exacting hospitation in the Abbey, and in the Manor-houses which were situated upon its demesnes ; and in addition to these tokens of supremacy, he insisted, notwithstanding the declara tions of the Charters, that the Abbots of Battle should seek their consecration at his Cathedral. In these proceedings he was sanctioned by the joint authority of Pope Eugenius1, and of Theobald, Archbishop of Canterbury ; but his antagonist, a man of equal energy, was strong in the support which he received from his brother, Richard de Lucy, a powerful Baron who after wards filled the office of Justiciar b, and who appears to have been already distinguished for his eloquence and knowledge of the law. Bishop Hilary pronounced a sentence of suspension against the contumacious Abbot, who forthwith appealed to the Royal authority. Stephen immediately inhibited the Bishop from troubling the "Chapel of St. Martin," ' which, as the King's Royal Chapel, was to be freed from all exactions and oppressions ; and he summoned both parties to appear before him at London, in order that, in the presence and with the counsel of his Bishops and his Barons, an end might be put to these dissensions. At the appointed day the Bishop did not attend, but the cause proceeded. Stephen caused the Charters to be read before him; and having been advised on the subject, he decreed that, according to the tenor of the grants, the Church of Battle was to be freed from all Episcopal subjection whatever. Upon the death of Stephen, the htigation was renewed and continued, until brought to an amicable settlement by the authority of his successor. The proceedings themselves are the best commentary upon the principles of constitutional jurisprudence which then prevailed: an observation which equally applies to the histories of the renewal of the Abbey Charters,— of the disputes relating to the rights of Dengey- marsh— and of the suit which Abbot Walter "prosecuted with so much success against Gilbert de Balliol. a Installed 1139. Died 1171. Upon his death the custody of the Abbey was committed, during four years, to Richard de Lucy, his brother. b See below, p. 10, note c. Proofs and Illustrations 5 Many additions could have been made to these monastic Part ii. narratives, but I have omitted them, in order to afford space for a document, which, as far as I am aware, is without a paraUel, it being the only instance in which a layman is found detaiHng any portion of his own adventures or history. Richard de Richard de Anestv, the hero as weU as the author of this most singular narrative of J his suit narrative, of which the original autograph is preserved in the brought repository in which Domesday is treasured, has afforded us Mabeidlm so complete a development of the manner in which a Plaintiff f°r„th5m^n^1 was compeUed to "follow his suit in person," that no language, m_?Un^u_" except his own, could afford any adequate idea of the spirit i^^Xe and practice of our antient judicature. The cause of the Htigation (No- v->- is, however, obscurely told, and we might have been stiU ignorant of the circumstances under which he was enabled to recover the landqf "WiUiam my Uncle," but for the preservation of a report addressed to Pope Alexander III.1, and inserted amongst the epistles of the celebrated John of Salisbury, who probably prepared the document for the use of the Judges-delegate, to whom the cause had been referred: it appears to have been the custom to apply to such learned "Clerks" when any official document of importance was required; and from this despatch we can coUect the main facts upon which the case arose, and the legal principles which it involved. The individual whom Richard de Anesty designates as "WUfiam my Uncle," was WUliam de SaekviUe a, his sister a Cum itaque jam dictus Bicardus, cognatus Willelmi de Saccavilla et nepos, sicut sororis filium vulgus nepotem dicere consuevit, petitionem hsereditatis ad bona Avunculi obtinenda instituerat, memorata Mabilia filia Willelmi, se illi in foro secularium judicum, ubi res actitabatur, opposuit; asserens filiam nepoti in paterna hsereditate prasferendam. Ricardus ver 6, ei nihil juris hereditarii competere respondit; eo quod non esset ex legitimo suscepta matri- monio, sed adulterino procreata complexu . . . ut autem liquidius causam suam astrueret, et adversariam spuriam esse doceret, Avun- culum suum Willelmum, cum quadam Abbenda (Albreda) de Tregoz matrimonium contraxisse asseruit, et exinde, ilia contra fidem conjugii derelicta, duxisse Adelitiam filiam Amfridi Vicecomitis. (Joh. Sarisb. Ep. 89.) [When therefore the aforesaid Eichard, the relative and nephew of William de Sackville (for sisters' sons were commonly called " nephews "), instituted a petition of heirship with a view to the possession of the goods of his Uncle, the above-mentioned Mabel, a daughter of William, put in a counter claim in the court of the 6 Proofs and Illustrations Part n. being the mother of the Claimant. WiUiam de SaekviUe had given a promise of marriage to Albreda de Tregoz, but, in violation secular justices, in which the action was being tried, asserting that a daughter had a prior claim to a nephew to be her father's heiress But Richard answered that she had no right of heirship whatever, because she was not the child of lawful wedlock, but was the offspring of an adulterous amour Moreover to make his claim more apparent and to prove that the counter-claimant was base born, he asserted that his uncle William had entered into a contract (see p. 22, note b) of matrimony with one Abbenda (Albreda) de Tregoz and having subsequently deserted her in violation of his marriage vow, had married one Adeliza the daughter of the sheriff Amfrid. (Letters of John of Salisbury, 89.)] The statement of John of Salisbury Ls so clear, that we cannot doubt but that it is a correct report of the relationship which existed between the litigant parties ; yet we cannot ascertain the situation which William ought to hold in the genealogy of the noble family of Sackville, the descent whereof has been thus [erroneously ?] deduced by Collins, Morant, and Edmondson, who foUow an ancient pedigree in the College of Arms: — HERBRAJJD DE 8ATCHEVILLA. living in 107? Jordan, William = Albreda. died in Normandy. Hodierna = Matthew de Gernon. Robert. professed at Colchester temp. Steph. Leticia de Wodevilla. A vice, or = Wai Amicia, died Hag] in the life time of her husband. Agnes = Rich, de Beatrice = WiU. de Anesty. Jordan, Stephen. Elias. Xiirel! Richard, Jordan*. Walter*. B Glanvilla, Lord of died at the Hen. 1. Bergholt, age of nine in Essex. years. temp steph. and Hen n Herbert, or Bartholomew Hubert de Sheriff of Nor- Anesty, liv- folk & Suffolk ing 1189. 16— 22 Hen. II. Ranulphus. Justiciar of England. ob. 1 Ric. I. Jordan, Richard. Ralph. Geoffrey. Guy Warren. temp. living 5 Ric. I. Hen. III. ob.SUohn. * All infants, at the time of the death of their father, and in ward to Hen. I. It is unnecessary to observe that Richard de Anesty could not have been the husband of one of the three co-heiresses of the person whose lands he claims in the character of nephew, and in default of lawful issue; nor is it probable that, under the circumstances of the case, he could be the grandson of Herbrand ; yet it is certain that he did marry a daughter of a William de SaekviUe, for the entry upon the rolls of the 28 Hen. III., quoted by Morant, bears the appear ance of authenticity. Radulphus Gernon profert cartam donationis Wilhelmi de Sauca- viUa pro terris datis per eundem Wilhelmum, Agneti et Hodiemae Proofs and Illustrations 7 of this engagement, he contracted a marriage with AdeHza, Part n. the daughter of the "Vice-comes Amfrid," by whom he had issue, but Mabel de FrancaviUa appears to have been the sole survivor. Albreda, thus abandoned, instituted proceedings in the ordinary ecclesiastical court; and as, in consequence of filiabus suis; et dicit quod ista Agnes nupta fuit cuidam Ricardo de Anesty, qui habuit exitum Herbertum de Anesty, qui vixit tempore Regis Johannis et procreavit Nicholaum de Anesty, patrem Dionisiaa, quae nupta fuit cum tota hasreditate WiUielmo de Montecanisio. Et quod Hodierna soror ejusdem Agnetis fuit mater Radulphi Gernon qui vixit temp. Ric. I. (Plac. de Banco. 28 Hen. III.) [Ralph Gernon presents the charter of the gift of WiUiam de SaekviUe of the lands given by this same William to his daughters, Agnes and Hodierna ; and he declares that this Agnes was married to one Richard de Anesty, who had issue, Herbert de Anesty, who lived in the reign of King John and was the father of Nicholas de Anesty, the father of Denise, who was married with all her inheritance to WiUiam de Munchensi ; and that Hodierna, the sister of this same Agnes, was the mother of Ralph Gernon, who lived in the reign of Richard I. (Common Pleas. 28 Hen. III.)] Et in registro Abbatiae de Colecestria annotatur quod Willielmus de Saukavill filius et haeres R. concessit praedictis Agneti et Hodiernal filiabus suis terras vocatas Talbotts et Brinsic in parochia de Buers ad montem, quae postea concessa fuerunt monachis ibidem. Et Jordanus SaucaviUa filius et haeres confirmavit eas Abbatias. — Morant's Essex, ii. 224. [And in the register of the Abbey of Colchester it is noted that William de Sackville, the son and heir of Richard, did grant to the aforesaid Agnes and Hodierna, his daughters, the lands caUed Talbots and Brinsic in the parish of Mount Bures, which were subsequently granted to the monks of that place ; and Jordan SaekviUe, the son and heir, did confirm them to the Abbey. (Morant's Essex, ii. 224.)] It will be observed, however, that the Book of Colchester (probably one of the Registers mentioned by Tanner to be in the possession of the Earl of Kent) describes WiUiam as the son of R. de SaekviUe, and the father of Jordan, and that neither on the roU nor in the register is it mentioned that his wife's name was Albreda, or that Beatrice de GlanviUe was his daughter. We can, therefore, only arrive at the conclusion, that three SackviUes, each named WiUiam, have probably been united into one individual by the compilers of the pedigree. Adeliza cannot be identified, though there are some reasons for supposing that her father belonged to the family of de Vere1. 8 Proofs and Illustrations Part ii. the influence of her husband, she was unable to prosecute her suit with effect, she appealed afterwards, as it was aUeged by Richard de Anesty, to the authority of Henry of Blois, Bishop of Winchester, the nephew of Henry I. and brother of Stephen, then Papal Legate in England. The Bishop obtained a rescript from Pope Innocent, in which the Holy Father, upon a statement of the case, declared that the espousals between WiUiam de SackvUle and Albreda, having been contracted "per verba de prsesenti," the second marriage with AdeHza was iUegal. Pur suant to this opinion, a sentence of nulfity was pronounced in the Synod held at London a before Henry of Blois ; and WiUiam de SaekviUe, obedient to the decree, returned to Albreda, with whom he continued to cohabit until his dying day. statement of This, it wiU be recoUected, is the statement of Richard de Mabel de Francheviiie. Anesty. But it was contradicted in its most material points by the advocates of Mabel b; and in fact, upon the death of her father, she entered upon the land. Richard de Anesty was therefore compeUed to bring his writ against his adversaries, meaning Mabel and her husband, in the King's Court, to which they pleaded, that the daughter was to be preferred before the nephew in the succession to the inheritance. Anesty replied, that Mabel, as the spurious issue of an adulterous marriage, was not the heir of her father. And the King's Court therefore ordered that a question depending upon the canon law, "known to the clergy, but unknown to the laity," should be decided by the ecclesiastical tribunal. The narrative, from this period, is very clear; and it is sufficient to observe that the suit was carried on with as much regularity, and, we must add, with as Httle expedition, as it could have been, if, instead of killing six horses m the pursuit of justice, the parties had tarried within the tranquU quadrangles of Doctors' Commons. The justice of the ultimate decision is doubtful, and it is perhaps to be ascribed, in some degree, to the judicious apphcation of the money taken "upon use" from Vives and Hakelot and then- brethren. Besides which, it is evident that Richard Anesty was in the midst of his own powerful connexions and Peers, and that a Probably either in 1141 or 1143. Councils were held at London m these years, and in which Henry of Blois presided.— Wilkins, Concilia, I. pp. 419-421. He seems to have been appointed legate about 1139. b See below, pp. 22 ff., note b. Proofs and Illustrations 9 the principal persons by whom the suit was to be decided were Part n. aU more or less in his interest, and naturaUy favourable to his cause. The question of pre-contract is one upon which discordant opinions have been given by the Canonists; and even if the dissolution of the marriage with AdeHza may have been justified, it is doubtful whether the arguments urged on the part of Mabel agamst her consequent iUegitimacy were not sufficient to protect her rights, according to the law as it was then practised and expounded. These are the costs and charges which I, Richard de Anesty a, Transiationi bestowed in recovering the land of WiUiam, my Uncle, to wit — de Anesty's In the first place, I sent a certain man of mine own into Nor mandy, for the King's writ, whereby I impleaded my adversaries, uss. and he spent haK a mark2 in that journey. And when my messenger brought me the writ, as soon as I received the writ, I proceeded to Sarum with the same, in order that it might be returned under the Queen's seal3; and in that journey I spent two marks of sUver. And when I came back, I heard that Ralph Britob was about to cross the water: so I foUowed him B The family of Anstey, Anesty, or Hanesty, is said to have derived its name from Anstey in Hertfordshire. Richard de Anesty appears as a witness to the confirmation of the grant of Stamford and Ongar to Richard de Lucy (see below, p. 12). The witnesses to the ancient charters were almost always the suitors or "Peers" of the Baronial court. He was then probably a tenant of the honour of Boulogne, if not of Richard de Lucy himself (see below, pp. 10 £E., note c). Hubert, his son, in 1199, paid his relief for ten knight's fees in Essex and Hertfordshire, amongst which were the lordships of Great Braxted, Thorington, and RidgweU (Essex), the latter being held of the honour of Boulogne. (Morant, vol. i. p. 450 ; vol. ii. pp. 137—341.) In Anesty, Hormead, Berkesdon, and Bracking (Hertfordshire), and Nutfield (Surrey), Hubert held three other knight's fees of the same honour, all of which descended to him from his father. Nicholas, the son of Hubert, died without male issue, leaving a daughter, Dyonisia, married to WiUiam de Montecaniso, in whose descendants the Anesty domains became vested. b Radulphus Brito accounted, 16 Hen. II. and subsequent years, for the issues of the Honour of Boulogne, then in the King's hands. (Magn. Rot. 16 Hen. II. ; Madox, Baron. Angl. p. 63 ; Exch. pp. 180—203.) He was also Custos of the lands of Henry de Essex, 29 Hen. IL, and 10 Proofs and Illustrations Part n. to Southampton, for the sake of speaking to him, in order that he might purchase for me the King's writa, addressed to the Archbishop15, because I knew that the plea would be removed into the Archbishop's court ; and in that journey I spent twenty- two shiUings1 and seven pence, and I lost a palfrey which I had bought for fifteen shiUings. And having returned from thence with the Queen's writ, I went to Ongar, and dehvered the writ to Richard de Luci1', who, having seen and heard the same, gave me in the same year he paid an instalment of a fine by which he com pounded for his quietus. (.Madox, Exch. p. 691.) He was probably a tenant of the Honour of Boulogne, who had been appointed to act as the King's receiver or bailiff. The manor of ChigweU, in Essex, was granted by Richard de Lucy to this Ralph Brito, to be held of him by the service of one knight's fee ; and the same manor was afterwards confirmed to Robert, the son of Ralph Brito, by Richard de Lucy, but to be held of Wilhelmus de Goldington. (Madox, Form. Angl., Nos. 75, 79, and 288.) Ralph Brito also held one knight's fee in Essex of Robertus de Helmar (Lib. Nig., p. 240), and about 23 Hen. H he was one of the Justices Itinerant for the Counties of Essex and Hertford. (Madox, Exch. p. 90.) a This is not the exact case in which the King's writ is required to be addressed to the Archbishop by the Constitutions of Clarendon (c. 8) ; but the resort to the royal authority is quite in conformity to the spirit of the law: — De appeUationibus si emerserint, ab Archi- diacono debent procedere ad Episcopum, ab Episcopo ad Archi- episcopum. Et si Archiepiscopus defuerit in justitia exhibenda, ad Dominum Regem est pe'rveniendum postremo. ut praecepto ipsius, in curia, Archiepiscopi, controversia terminetur. ita quod non debet ulterius procedere absque assensu domini Regis. [Concerning appeals, if they should arise, they should be referred by the Archdeacon to the Bishop, by the feishop to the Archbishop. And if the Archbishop should fail to administer justice, the matter should, in the last resort, be referred to our Lord the King, so that, by his precept, the suit may be brought to a conclusion in the Archbishop's Court ; with the understanding that no further appeal be made without the consent of our Lord the King.] b Theobald of Bee, who died 1160, and was succeeded by Thomas k Becket. c About this time Richard de Lucy was acting, together with Robert de Bellomonte, Earl of Leicester, as one ofthe Justiciars of England. From the custody of the seal being entrusted to the Queen, it seems that she was also one of the Regents. De Lucy filled the Proofs and Illustrations 11 a day for pleading at Northampton, on the eve of St. Andrew ; Part n. and within that term I sent Nicholas, my "Clerk," for Geoffrey 29 Nov. 1 1 58. office of Sheriff of Essex, in which the SaekviUe barony was situated, besides being the Peer of Richard de Anesty, in their capacities of tenants of the honour of Boulogne, or the great barony antiently belonging to Eustace, Earl of Boulogne, which afterwards became vested in WiUiam, Earl of Mortain and Boulogne, the third son of King Stephen. Ongar, where Richard de Lucy buUt his castle, was granted or confirmed to him by the Earl ; Henry II. afterwards added the Hundred of Ongar to the grant of the Lordship ; and from WiUiam, Earl of Gloucester, De Lucy obtained the Lordship of Greensted. The charters of donation are extremely curious in themselves, and also throw much light upon the relative situations oi the persons named therein, and I have therefore subjoined them: — W. Comes Gloweknije omnibus hominibus suis amicis, Francis et Anglis, tarn praesentibus quam futuris, Salutem. Sciatis me dedisse et concessisse, et ha6 praesenti Carta mea, confirmasse Ricardo de Luci, pro servitio et homagio suo, totam vUlam meam de Grenestede cum omnibus pertinenths suis; et servitium Ricardi de Marci quod mihi debebat de quatuor militibus; et servitium Radulphi de Marci quod mihi debebat de duobus militibus ; et servitium Mauricii de Toheham quod mihi debebat de tribus militibus ; et servitium Manseri de Sancto Martina quod mihi debebat de uno milite et quartae partis unius miUtis : cum omnibus rebus quae ad me bide pertinebant, in feodo et haereditate, sibi et haeredibus suis. Ad tenendum de me et haeredibus meis, faciendo inde mihi et haeredibus meis servitium decern mUitum pro omni servitio. Et pro ista donatione et concessione homo meus devenit, et de recogni- tione dedit mihi unum annulum aureum, et Dominae uxori mea? alteram annulum aureum. Testibus, Oston [?] de Sancto Audemaro, Ricardo de Cordi, tunc SenescaUo, Alexandro de Monteforti, Simone de Sancto Laudo, Willielmo de Glifden, Rogero de Willers, Roberto fil. Greg., Henrico Grasso, Alexandro de Ticheseia, Willielmo Dabernun, Godefrido de Luci, Willielmo Croc, Widone de Rocca, Reginaldo de Luci, Rogero fil. Reinfredi, Willielmo de Picheni, Willielmo filio Simonis. (Cartae Antiquae, I. 1., no. 9.) [Wuliam, Earl of Gloucester, to aU men, his friends, both French and English, both in the present and in the future, Greeting. Know ye that I have given and granted and by this my present charter have confirmed, to Richard de Lucy, in consideration of his service and his homage, the whole of my viU of Greensted with aU its appurtenances; and the service of Richard de Marci, which he owed me, to wit of four knights ; and the service of Rudolf de Marci, which he owed me, to wit of two knights ; and 12 Proofs and Illustrations Part ii. the service of Maurice of Toheham, which he owed me, to wit of three knights; and the service of Manser de Saint Martin, which he owed me, to wit of one knight and the fourth part of one knight, with aU the incidents that appertain to me therefrom in fee and heritage, to himself and his heirs; to be held of me and my heirs, by performing therefrom to me and to my heirs, as complete service, the service of ten knights. And in consideration of this my gift and grant he became my man, and in recognition thereof gave me one golden ring and to the Lady, my wife, another golden ring. Witnesses, Otton of St. Omer, Richard de Cordi, at that time Seneschal, Alexander de Montfort, Simon de St. L6, William de Glifden, Roger de Villers, Robert son of Gregory, Henry Le Gros, Alexander de Ticheseia, William Dabernun, Godfrey de Luci, William Croc, Widon de Rocca, Reginald de Luci, Roger son of Reinfrid, William de Picquigny, William son of Simon. (Ancient Charters, I. i., no. 9.)] Comes W. filius Regis Stephani omnibus hominibus suis dilectis et fidelibus, Francis, Anglis, et nominatim omnibus qui sunt et qui futuri de Honore Comitis Eustachii, Salutem. Sciatis me concessisse et reddidisse Ricardo de Luci, Stanford ; et Angre quae est membrum de Stanford ; et Reyng, praeter hoc quod pertinet ad Ecclesiam Sancti Bartholomai ; et Cristeshal; et de Rapo de Pevensello, Lestona et Centinges quod hide habet Warner ius de Isseiin. Ad tenendum de me et haeredibus meis, sibi et haeredibus suis. in feodo et haereditate, per servitium trium mihtum. Quare volo et firmiter praecipio quod idem Ricardus et haeredes sui omnia praedicta bene in pace et honorifice teneant, cum omnibus libertatibus et liberis consuetudinibus, sicut melius et honorabihus ea tenuerunt praedecessores mei, in terris et hominibus, in bosco et piano, in aquis et stagnis. vivariis, pratis, viis, semitis, et in omnibus ad eas res pertinentibus. Factum est autem hoc Londoniae, coram Rege Stephano. Testibus Henr. Winton. Episcopo, Hug. Dun-elm. Episcopo, Willielmo Priore Sancti Pancratii, Reginaldo de Ware, Hugo de Petro Ponte, Ricardo de Hanesti, Oseberto Martel, Tuwoldo de Borram, Roberto de Ruilli, Philippo de Querceto, Simone de Grenlesmenil. (Carto Antique, I. i.. no. 10.) [Earl WUliam, son, of King Stephen, to all his beloved and faithful men, French, English and specially to all those who are or shall be tenants of the Honour of Earl Eustace. Greeting. Know ve that I have granted and restored to Richard dc Luci, Stanford and Ongar (which is a member of Stanford) and Reyng (with the exception of that portion which belongs to the Church of St. Bartholomew) and Cristeshal and in the Rape of Pevensey, Laughton and Centinges, which Warner of Issevin holds thereof. To be held of me and mv heirs, to him and his heirs, Proofs and Illustrations 13 in fee and heritage, for the service of three knights. Wherefore I Part II. wiU and strictly enjoin that the aforesaid Richard and his heirs, do hold aU the above-mentioned properties weU and in peace and in honour, with aU the liberties and free customs, as my predecessors best and most honourably held them, in lands and in men, in wood and plain, in waters and pools, in fish-ponds, meadow-lands, highways and bye- paths and in aU that appertains to these properties. Moreover this was given at London, in the presence of King Stephen. Witnesses, Henry, Bishop of Winchester, Hugh, Bishop of Durham, William, Prior of St. Pancras, Reginald de Ware, Hugh de Pierrepont, Richard de Anesty, Osbert Martel, Turrold de Borram, Robert de Ruilli, Philip Cheney, Simon de Grentemesnil. (Ancient Charters, I. I., no. 10.)] In the confirmation of this charter by Henry II. he notices other grants of the same lordships made by Stephen and MatUda, and declares that they are to be held "sicut Comes Eustachius de Bolonia vel Comes Stephanus de Moreton, unquam melius vel Uberius vel honorificentius eas tenuerunt tempore Regis H. avi mei " ["just as Earl Eustace of Boulogne or Earl Stephen de Mortain, ever held them on better condition and with greater Hberty and honour in the time of King Henry, my grandfather "]. He also confirmed the grant of Greenstead. (Cartae Antiquae, I. I., nos. 11 and 12.) The Hundred was first granted by the foUowing Charter: — H. Rex Angliae et Dux Normanniae et Aquitaniae, et Comes Ande- gaviae, Archiepiscopis, Episcopis, Abbatibus, Comitibus, Baronibus, Justiciariis, Vicecomitibus, Ministris et omnibus fidelibus suis, Francis et Anglis, totius Angliae, Salutem. Sciatis me dedisse et concessisse et praesenti Carta confirmasse Ricardo de Luci, et haeredibus suis Hundredum de Angr' : videlicet quicquid in Hundredo Ulo habeo, ipsi et haeredibus suis, habendum de me et haeredibus meis. Quare volo et firmiter praecipio quod ipse Ricardus de Luci et haeredes sui post eum, Hundredum Ulud habeant et teneant, bene et in pace, libere et quiete, integre et plenarie et honorifice sicut iUud ipsis dedi, et Me Carta mea, confirmavi. T. Johanne Decano Sarisb. Johanne Archid. Bath', Comite Willielmo de Mand', Reginaldo de Curtenai, Willelmo de Lanval, Roberto de Briwecurt. Apud Beauveir super Moiram1. (Cart. Ant. Cott. xi. 5.) [Henry, King of England and Duke of Normandy and Aquitaine, and Count of Anjou, to the Archbishops, Bishops, Abbots, Earls, Barons, Justiciaries, Sheriffs, Ministers and to aU his loyal subjects, both French and English, throughout England, Greeting. Know ye that I have given and granted and by this present Charter have confirmed to Richard de Luci and to his heirs the Hundred of Ongar ; to wit whatever belongs to me in that Hundred, to be held by himself and his heirs of me and my heirs. 14 Proofs and Illustrations Part II. 13 Dec. 11 58. 22 Jan, 1159. 14 Feb. II59- 7 March, 1159. 23 March (Monday after L;e tare Jerusalem, or Mid-Lent Sunday), 1159. de Tregoz and for Albreda a, his sister, — to wit, she who had been my Uncle's wife, — whom he found at Berney, in Norfolk; and in that journey he spent fifteen shiUings and lost one pack-horseb, which I had bought for nine shiUings. And when he came back, I went to Northampton to open my pleadings, with my friends and my helpers; and in that journey I spent fifty-four shilHngs. Hence Richard de Lucy gave me another day at Southampton, on the fifteenth day : and in that journey I spent fifty-seven shuHngs; and in that same journey I lost one pack-horse worth twelve shnlings. Afterwards Ralph Brito came from Normandy, and he brought me the King's writ, whereby the plea was removed into the Archbishop's court, and I carried the writ to Archbishop Theobald, whom I found at Winchester; and in that journey I spent twenty-five shillings and four pence. And then the Archbishop gave me a day on the feast of St. Vincent, and that plea was held at Lambeth. And thence he gave me a day on the feast of St. Valentine the martyr; and in that journey I spent eight shillings and six pence; and that plea was held at Maidstone. From thence he gave me a day on the feast of St. Perpetua and St. FeHcity: and in the mean while I went to the Bishop of Winchester, to speak with him, in order that he might certify the divorce which had taken place before him in the Synod at London; and in that journey I spent one mark of sUver. And having obtained the Bishop's certificate, I appeared on my before mentioned day, prepared for my pleadings, and that plea was held at Lambeth; and there I spent thirty-seven shillings and six pence. From thence he gave me a day on the Monday next after La?tare Jerusalem; Wherefore I wiU and strictly enjoin that the said Richard de Luci and his heirs after him do have and hold that Hundred weU and in peace, freely and quietly, wholly, fuUy and honourably just as I gave it to them, and by this my Charier have confirmed to them. These being witnesses, John, Dean of Salisbury, John, Archdeacon of Bath, Earl William de Maude ville, Reginald de Courtenay, WiUiam de Lanval, Robert de Bruecort. At Beauvoir-sur-Mer. (Ancient Charters. Cottonian MSS. xi. .">.)] a Albreda afterwards became the wife of Robertus de Besevule; and upon her marriage, Geoffrey de Tregoz, her brother, endowed her with a knight's fee in Aspall, Suffolk. (Abb. Plac. 7 Ric. I. p. 100.) b "Amisit unum Runcinum," i.e. a Bouncy. In Spanish, Rocin— whence Rozinante. Proofs and Illustrations 15 and in the mean while I went for Master Ambrose, who was then Part n. with the Abbot of St. Alban's in Norfolk : and in that journey I spent nine shiUings and four pence; and I sent Sampson, my chaplain, unto Buckingham for Master Petrus de MeHdea; and in that journey he lost his palfrey, which I made good to him for one mark of sUver, and he spent seven shillings there. Having thus got at the aforesaid Clerks, I kept my day with my helpers at London; and, in that journey, I spent five marks of sUver. Thence the Archbishop gave me a day on Quasimodo 19 Apra geniti Sunday, and in the mean whUe, I sent John, my brother, &£¦*• <* beyond the seas, to the King's Court, because it was told to me f™|!aT that my adversaries had purchased the King's Writ exemptmg fjfter>' them from pleading until the King should return to England; and therefore I sent my brother for another Writ, lest my plead ings should be stayed on account of the Writ obtained by my adversaries; and in that journey my brother spent three marks of sUver. And in the mean while I myself went to Chichester, to speak to Bishop HUary0, in order that he might give evidence * 1181— Magister Petrus de Melidis was appointed a Papal delegate, together with the Bishops of Hereford and Worcester, for the purpose of examining the privileges of the Monastery of St. Augustine, which the Archbishop of Canterbury aUeged to be forgeries. (Thorn, p. 1831.) b Bishop HUary, who had been one of the Papal Clerks, was much celebrated for his knowledge of the CivU Law. He had also been employed by Henry of Blois; so that Richard de Anesty evidently obtained a very favourable witness, and that same favourable witness was afterwards appointed by the Pope to decide the case concerning which he had testified. HUary, before his promotion to the See of Chichester, had been nominated or elected to the Archbishopric of York by a part of the Chapter ; but the election was annuUed by the Pope, in the manner related by the Continuator of Simeon of Durham, who has thus described his character and attainments. 1148 — Secundum Apostolici decretum, in suburbio de Richemund, apud ecclesiam Sancti Martini, in vigilia S. Jacobi ApostoH, convenerunt majores cleri Eboracensis ecclesiae et dioceseos, de electione Archi- episcopi tractaturi. Noluit enim WiUielmus, episcopus Dunelmi, Eboracum venire : quia infestus ei fuit WiUielmus Comes Eboraci, a quo, sub vi anathematis, Episcopus exigebat Ovenden, et alias possessiones ecclesiae Dunelmensis, sibi praereptas a Comite. Factaque est dissensio inter eos de qualitate personae eligendae. Rodbertus enim de Gant, CanceUarius Regis et Decanus, et Hugo Putheacensis, nepos 16 Proofs and Illustrations Part ii. of the divorce which had been decreed in his presence before my Lord of Winchester, in the Synod at London, and I received his Regis et Thesaurarius, quos WiUielmus Archiepiscopus promoverat ad honores in ecclesia Eboracensi et pars cum eis consenserunt in electione magistri Hylarii clerici Apostolici. WiUielmus autem Epis copus Dunelmensis, Aldulfus Episcopus de Karleol, WiUielmus de Augo Cantor Eboraci, et Archidiaconi et pars residua cum eis Henricum Murdac, abbatem de Fontibus, praetulerunt in electione. Litem hanc eorum diremit Apostolicus, consecrans Henricum Archiepiscopum Eboracensem apud civitatem Treveris in octabis Sancti Andreas, dominica secunda Adventus Domini. Hylarius vero ex Apostolici praecepto jam fuit consecratus Episcopus ecclesiae Cicestriae. Qui Hylarius in ministerio Henrici Wintonia- Episcopi plurimum gloriae pretium emeruit. Postea ad ministerium Apostohci translatus, in reddendis et prosequendis causis advocatus disertissimus, et juris- consultus peritus in curia Romana fuit. [1148 — In accordance with the buU of the Pope1 the greater clergy of the Church and diocese of York did assemble in the suburb of Richmond at the Church of St. Martin on the eve of St. James the Apostle's day to deal with the election of an Archbishop. For Wilham, Bishop of Durham, refused to come to York, because he was at enmity with WiUiam, Earl of York, from whom the Bishop was seeking to recover, by excommunicating him, Ovenden and other possessions of the Church of Durham, which had been forcibly seized by the Earl. There arose a dissension among them as to the kind of person to be elected. For Robert of Ghent, King's Chancellor and Dean, and Hugh Pudsey, the King's nephew and Treasurer, whom William the Archbishop had promoted to office in the Church of York, and their partisans, were unanimously in favour of the election of Master Hilary, the Papal clerk. But Wilham, Bishop of Durham, and Adelulf, Bishop of Carlisle, Wilham of Eu, Precentor of York, and the Archdeacons and the remainder with them, brought forward for election Henry Murdac, Abbot of Fountains. This dispute the Pope effectively settled by consecrating Henry Archbishop of York in the city of Treves in the octaves of St. Andrew, on the 2nd Sunday in the Advent of our Lord. But Hilary in accordance with the Papal buU was consecrated Bishop of the Church of Chichester. Now this HUary won the greatest distinction in the service of Henry, Bishop of Winchester. When he was subsequently transferred to the service of the Pope, he proved himself a most eloquent advocate in defending and prosecuting causes and a skilful lawyer in the Roman Court.] Proofs and Illustrations 17 evidence, viz. the letters which he sent to the Archbishop testifying Part n. the divorce; and in that journey I spent fourteen shillings and four pence. I kept my day at London with my clerks, and my witnesses, and my friends, and my helpers, and there I remained for four days, pleading every day; and in that journey I spent one hundred and three shillings. Thence he gave me a day on Rogation Day : and when I kept my day at Canterbury, my isth May, adversaries said that they would not plead, on account of the summons of the King's army for [the expedition against] Tou- lousea; and in this journey I spent thirty-eight shUHngs, and departed without a day. And I followed the King and found him at Avinlariumb; and in this journey did I tarry for thirteen weeks before I could obtain the King's Writ for proceeding with the pleadings, and in that journey I spent four pounds1 of silver and ten shillings Having purchased the King's Writ, I returned : and having found the Archbishop at Mortlake, I dehvered the King's Writ to him, and he gave me a day on the feast of St. Crispin and St. Crispinian, 25th Oct on which day I came to Canterbury; and in that journey I spent twenty-four shillings and six pence. And from thence he gave me a day on the octaves of St. Martin, and on that day I came to isth Nov, Canterbury; and in that journey I spent twenty-nine shUHngs, aU but two pence. From thence, my Lord of Canterbury gave me a day on the feast of St. Lucy the Virgin, and in the mean 13th Dec. whUe I sent Master Sampson, my Chaplain, to Lincoln, for Master Peter, and in that journey I spent half a mark ; and when the day a The Writs of summons for the army against Toulouse appear to have heen returnable at Midlent, 1159, and in this year most of the Chroniclers place the great expedition, which was one of the most remarkable mihtary events of Henry's reign. (Rob. de Monte, ed. d'Achery, 778. Rad. de Diceto, Imag. Hist. 531. Joh. Sarisb., Polycraticus, lib. viii. cap. ult. Gervas. Dorobern., 1381.) In the Norman Chronicle, published by Duchesne (SS. H. Norm. p. 995), and which, in substance, is the Chronicle of Robert de Monte, the expedition, by an evident mistake either of the transcriber or the printer, is assigned to 1158. Neubrigensis places the expedition in the seventh year of Henry's reign, in the year 1161. This, perhaps, has also arisen from some clerical error. * Perhaps AuvUar2, in Gascony, a town situated on the banks of the Garonne, about fifteen French leagues below Toulouse,, p. vn. 2 18 Proofs and Ilhistrations Part n. of my plea arrived, I could not appear in consequence of my iUness, but I sent my essoigners who essoigned me at Canterbury; and in that journey they spent ten shillings. And from thence a 20th jan. day was given me on the feast of St. Fabian and St. Sebastian, and on that day I came to London where my Lord of Canter bury was; and in that journey I spent twenty- two shillings and eight pence. From thence he gave me a day on the feast of roth Feb. St. Scolastica the Virgin, and I kept my day at Canterbury; and Il6°' in that journey I spent thirty-seven shillings and six pence. 6th March, Ancj from thence he gave me a day on Lsetare Jerusalem, and I kept my day at London; and in that journey 1 spent forty- three shillings. From thence he gave me a day on Misericordia ioth April Domini Sunday ; and in the mean while I sent Robertus de Fumes, (Misericor- J ' ..... dia Domini, an(j Richard de Marci a for Godfrey de Marci; m which journey the second -* ' 1 lasS aftet I sPent ten shiUings, and Robert de Fumes lost a palfrey worth "6o- ' two marks; and I myself went to the Bishop of Winchester, in order that I might obtain a more precise certificate of the divorce which had been decreed; and in that journey I spent thirty-four shillings and five pence, and I found the Bishop at Fareham, near Portsmouth; and from thence I brought back with me Master Giordano Fantasmab, and Nicholas de Chandos, in order that they might testify vivd voce, what the Bishop had already testified by his Writ. a It wiU be recoUected that Richard de Marci held four knight's fees of Richard de Luci, and Ralph de Marci held two (p. 11); — other individuals of this famUy, WiUiam, Henry, and John de Marci, were aU tenants of the honour of Boulogne. (Lib. Nig. p. 391.) At a later period, Geoffrey de SaekviUe and Radulphus de Marci were jointly fined a thousand marks for a trespass in the King's forests in Essex. Rot. Litt. Pat. 9 John. b Master Giordano Eantasma1, probably an Italian by birth, was one of the "Clerks" of Henry of Blois, and a poet of some importance; for Mr. Petrie's unwearied researches have discovered a valuable metrical history of the dissensions between Henry II. and his son, composed by Fantasma in Romance verse. About this time Master Giordano was himself engaged in htigation with another "Clerk" of Winchester, one Master Jolm Joichel who, without Ucense from Fantasma, had acted as regent, of a school or coUege at Winchester. How, or by what authority, Master Giordano had acquired a monopoly of instruction in that city, does not appear ; but the Delegates gave sentence in his favour, and his rival was enjoined to shut up his school, under pain of excommunication. (Joh. Sarisb. Ep. 19.) Proofs and Illustrations 19 And I kept my day, prepared for my pleadings, at London; part ii. and there I spent thirteen shiUings and four pence. From thence the Archbishop gave me a day on the Clause of Pentecost, and clause of t i-r».i t • ii- Pentecost, in the mean whUe, I myseH went to the Bishop ot Lincoln for either the Saturday in Master Peter, who was then with him at Stafford ; and in that whitsunweek, or journey I spent twenty-two shillings and seven pence, and I J3*7- sent Sampson, my Chaplain, for Master Stephen de Binham, ™°r ^ whom he found at Norwich; in which journey he spent nine shiUings, and then I kept my day at Canterbury, prepared for pleading, with my Clerks, and my witnesses, and my friends, and my helpers; in which journey I spent four pounds and twelve shUHngs, because we were pleading there for two days. From thence, he gave me a day on the octaves of St. Peter 6tk J"'y. and St. Paul the Apostles; and I kept my day at Wingham; and in that journey I spent twenty-seven shiUings and two pence. From thence, he gave me a day on the Feast of St. Sixtus ; and 6th Aug. . . "6°. I kept my day at Lambeth; in which journey I spent eighteen shillings and two pence. From thence, he gave me a day on the DecoUation of St. John the Baptist ; and then I kept my day 29«> Aug. at Canterbury ; and in that journey I spent twenty-three shiUings. From thence, he gave me a day on the feast of St. Luke the Jjj* 0ct Evangehst. In the mean while, I crossed the water, in order that I might soHcit a Hcense from our Lord the King, to appeal to Romea. And, in that journey, I lost a palfrey which I had a NuUus appeUet vel ad Papam vel ad Archiepiscopum, neque aliquod placitum ex eorum mandato teneatur: neque aliquod man- datum eorum in Anglia recipiatur. Et si quis tenuerit vel receperit, vel tractaverit, capiatur et retineatur. (Hoveden, 284.) [No appeal may be made to the Pope or to the Archbishop, nor may any plea be held in consequence of their mandate, nor may any mandate of theirs be received in England. If any man shaU hold or receive such or treat for the same, let him be arrested and held in custody. (Roger of Hoveden, 284.)] These constitutions were enacted after the dispute with Becket ; but the law was evidently in fuU force before. The writ founded upon the enactments was to the foUowing effect: Henricus, &c. Vicecomiti N., Salutem. Praecipio tibi quod si aliquis clericus vel laicus in balliva tua ad Romanam curiam appeUaverit, eum capias et firmiter teneas, donee voluntatem meam praecipiam (Quadrilogus, lib. v. c. 2.) [Henry, &c. to the Sheriff N, Greeting. I hereby charge you, if any of the clergy or laity in your baiHwick make an appeal to the court of Rome, to seize him and hold him in 2—2 20 Proofs and Illustrations Part n. bought for sixteen shillings; and I spent six marks and five shillings; and, having received the license, I kept my day (26th March, at London and I appealed to Rome [praying that a day might be given me there] on Laetare Jerusalem; and in that plea I spent sixteen shillings and eight pence. After this I sued for the Archbishop's writ of appeal; but he refused to issue it immediately on the spot, but he gave me a day for receiv ing it at Canterbury; at which day I came and received my writ, but without seal, in order that I might shew the same to my Advocates, and obtain their opinion whether it was according to law; in which journey I spent fifteen shUlings. And afterwards I sent that same writ by Sampson, my chaplain, to Lincoln, to shew it to Master Peter de MeHde; and in that journey he spent five shillings and sixpence. And afterwards I sent the same writ to Master Ambrose3, whom the messenger found at Binham; in which journey he spent eighteen pence; and the writ being corrected by my advocates. I carried the same back again to Canterbury, in order that it might be sealed; and having seen the writ, they refused to seal such a one, but they gave me another without seal. Hence, having received the writ, I went to shew the same to the Bishop of Chichester ; and having heard his advice, I returned; in which journeys I spent two marks of sUver. And then I sent the writ again by Sampson, my chaplain, to Master Peter; in which journey he spent half a mark of sUver: I then sent the same writ again to Master Ambrose, at St. Alban's; and, their advice being received, and the writ corrected, I went to the Archbishop at Wingham, and there my writ was sealed ; and in this journey I spent ten shiUings. And when I came back, I sent John, my brother, to Win chester, in order that he might purchase the Bishop's writ certifying the divorce to the Holy Father; and I myseK went durance, until I make known to you my pleasure. (Quadrilogus, lib. v. c. 2.)] a Master Ambrose was an Italian, and one of the Clerks of Robert, Abbot of St. Alban's. Matthew Paris describes bim as one of the most eminent civfiians of England. Much about this time he was dispatched to Rome by the Abbot to obtain a confirmation of the privueges of St. Alban's ; the Monastery being then engaged in a suit against the Bishop of Lincoln, of the same description as that between the Abbot of Battle and the Bishop of Chichester. (Vitae Abbatum S. Albani, p. 94.) Proofs and Illustrations 21 to the Bishop of Chichester, whom I found at SaHsbury, in order Part n. that he might certify the divorce by his writ, addressed to the Holy Father in the same manner as he had done before to the Archbishop : and in that journey I spent seventeen shiUings, and John spent nine shillings; and a second time and a third time did I send my brother to Winchester before I could have an avanable writ; and in those two journeys he spent nineteen shillings. Thereafter I got my clerks ready, and sent them to About Rome, — to wit, Sampson, my chaplain, and Master Peter de Littleburya, and one man to attend them, in whose outfit, to wit, in horses and in clothing, I spent five marks of sUver; and in that journey to Rome they spent twenty-five marks of sUver. And when they came back, they said that they had spent forty shillings beyond what I had supplied them with, and which had a It appears, from a curious itinerary preserved in a manuscript copy of Matthew Paris, that there were about forty-five "journeys" between London and Rome. However it is not probable that Master Sampson and Master Peter rode every day, so that about two months would elapse before they reached their place of destination. As an early, though not the earhest specimen, of the "hvre des postes" of the middle ages, for an Anglo-Saxon itinerary of the same road is extant, the original is subjoined. Lundees jurnee — Roffa jurnee — Cantuaria dim- jurnee — Dovera, real Chastel, clef de Engleterre La Mer Witsant jurnee — Mustroil jurnee — Seint Richer jurnee — Pois jurnee — • Beuveis jurnee — Beamont sur Eisne jurnee — Saint Dinis • jurnee — Paris Grant Punt jurnee — Provins jurnee — Nogent jurnee — Trois en Burgoine jurnee — Bar sur Seine ; Putries, Abbacia : Russelun : monticulus jurnee — Chasteillun sur Seine jurnee — Chanceux jurnee ¦ — Fluri jurnee — Beune jurnee — Chalun sur le Sonne jurnee — Mascun jurnee — Liuns sur le Roune jurnee — La tur de Pin jurnee — Munt de Chat jurnee — Ege-belette jurnee — Chamber ei jurnee — Ege-Belle jurnee — Seint Michel au pe du Mont : Mont Senis : Hospital jurnee — La Suse jurnee — Torins — — • jurnee — Verceus jurnee — Pavie : Pons jurnee — Lodes jurnee — Cremune jurnee — Parme jurnee — Rege jurnee — Mothne ; Munt Bardun jurnee — Vile a Virnce — Sardaine jurnee — Lune jumee — Lukes jurnee — Seint Clere jurnee — La Martre jurnee — Seine la Veille jurnee — Le Munt Flascun jurnee — Biterbi jurnee — Sutre jurnee — Rome. (Bib. Cott. Nero D i, f. 182 b.) 22 Proofs and Illustrations Part n. been lent to them by a certain clerk of the Bishop of Lincoln who accompanied them, and which I repaid to him. Having received the brief of our Lord the Pope, I carried the same to the Bishop of Chichester and the Abbot of Westminster, to whom the same was directed a, in order that my plea might be brought into their court; and in these journeys I spent eighteen shillings and nine pence. After they had seen the ApostoHcal precept, they fixed a day for me to plead at Westminster, in eight days e oct n6i. of the feast of St. Michael ; and I kept my day, with my advocates, and my friends, and my witnesses, and my helpers; and there we tarried three days before we pleaded, on account of the King's commands, about which the Abbot and the Bishop were employed; and in that journey I spent four pounds and ten shillings. i^nov. From thence, they gave me a day in eight days of St. Martin, In the mean while I sent John, my brother, for Godfrey de Marci, in order that he might attend as my witness : and he could not come, because he was iU, but he sent his son in his place ; and in that journey John, my brother, lost a palfrey which he had bought for fifteen shillings, and he spent seven shillings and six pence. On the appointed day, I came to London, prepared and ready for pleading, because I thought I should then obtain my judgment; and there we tarried five days, and there I spent one hundred and four shillings ; and then my adversaries appealed to the presence of the Holy Father himself, [such appeal to be heard] on the feast 1162. of St. Luke the EvangeHstb ; and I requested the instrument of a The original buU or brief of Pope Alexander, addressed to Hilary, Bishop of Chichester and the Abbot of Westminster, is yet extant in the Treasury of the Court of Exchequer. (Fcedera, N. E., vol. 1. p. 19.) Both parties having faffed to produce witnesses before the Papal Audience, by whose testimony the cause coidd be decided, the Pope gives full power to the Bishop and the Abbot, as his delegates, to hear and determine the same. — J£ either party, after the aUegations have been propounded and the witnesses examined, and before sentence pronounced, shall appeal to the Pope, the Delegates are not to proceed to sentence, but to transmit, all the acts, &c. to the Papal Audience, under their seals. But if no appeal be made, the Delegates are to pronounce definitive sentence. b On the hearing of the suit, Richard de Anesty produced his witnesses, who had been present, when the divorce was pronounced, and a copy of the letter said to have been addressed by Henry of Blois to the Holy See. In the report drawn up by John of Salisbury, it is 18 Oct Proofs and Illustrations 23 appeal, and they gave me a day at Oxford on the feast of Part n. St. Andrew ; and I kept my day ; and I tarried there for nine days 30 Nov. before I could obtain my instrument; and there I spent thirty- " four shiUings. And having received the writ, but without seal, I carried the same to Master Peter, at Lincoln, in order that he might correct it; and in that journey I spent one mark of silver. The writ being corrected, I carried the same to the Bishop of Chichester at Winchester, on the octaves of the Epiphany, in '3 Jan- order that it might be sealed there; and the Bishop would not seal it, because the Abbot of Westminster was not there : and in this journey I spent two marks of sUver: but afterwards it was sealed at Westminster on Lsetare Jerusalem, where I spent Jf6Mar<:h' twenty-three shiUings and four pence. Afterwards, I went to the Archbishop of York for his writ deprecatory, to be addressed to the Holy Father, and to the Bishop of Durham for his writ to the Holy Father and the Cardinals; and I found them both at York; and I returned to the Bishop of Lincoln for his writ, stated very pointedly that the originals were not adduced ; and such precise and guarded terms are employed, as to imply some suspicion of the authenticity of the transcript. On the part of the plaintiff it was argued, that Mabel, being born "ex damnato coitu," was bastardized by the dissolution of the marriage of her parents, and incapable of the succession. The advocates of Mabel de FrancavUJa replied, that the decree of divorce was not grounded upon law. The pretended espousals of William de SaekviUe and Albreda had not been effected by a contract "de praesenti," but by a mere promise, from which either party could recede; and, as a proof that such was the case, they alleged that Albreda's father had not only released to WUliam de Sackville and his father aU obligations arising out of the promise, but that he had promoted the marriage with Adeliza, which had been openly solemnized in the face of the Church. The divorce, such as it was — they continued — had been unduly obtained. Adeliza had been forcibly expeUed from her husband's house through the machinations of Geoffrey, Archdeacon of London, who was supported by the authority of Henry of Blois, who had not yet entered upon his legatine office; Alberic, Bishop of Ostia, then holding the same. AdeHza had appealed to the Bishop of Ostia, and prayed for justice against the Archdeacon and the Bishop of Win chester. But the Bishop, corrupted by bribes, evaded the commands of the Legate, and pronounced his unrighteous decree. WiUiam de 24 Proofs and Illustrations Part ii. addressed Hkewise to the Holy Father and the Cardinals; and in that journey I spent forty-eight shillings. And when I returned, I proceeded to the Bishop of Winchester for his writ; and I found him at Glastonbury; and there I spent thirty-two shiUings. Afterwards, when the time of appeaUng drew nigh, having Oct Nov. prepared my Clerks, I sent them to the Court of Rome, where they tarried sixty-two days before they could have my sentence; and there they spent eleven marks of sUver. And when they came back, they brought a sentence [confirming the previous sentence, on the ground] of adultery. One instrument was directed to the Archbishop, another to Richard de Lucy, and the third to me : and with these instruments I proceeded to my Lord Richard de Lucy, whom I found at Rumsey; and there we awaited the return of the King, who was about to come back from Normandy. Thence I foUowed the Court for three weeks before I could make fine with the King; and in that journey Sackvffle, on his death-bed, acknowledged that he repented him of the sin which he had committed by conniving at the machinations of the Archdeacon, as was attested by the letters of GUbert, Abbot of Colchester, and also by many other persons of refigion who were there present ; and he had also acknowledged Mabel to be his right heir. Furthermore, they urged, that admitting the divorce to be valid, the Bishop and the Archdeacon had not pronounced against the children; and such had been the judgment of Theobald IV., Count of Blois and Champagne, to whom the proceedings had been transmitted, in relation to the fiefs held of him by Wilham de Sackville ; and who, by the advice of the best of the Bishops of France, as weU as of other learned men, had declared that the children were the legitimate heirs, and not to be affected by the fraud or ignorance of their parents. This, in fact, was the most material point. According to the canon law, the dissolution of a marriage contracted within the prohibited degrees by persons who, acting bond fide, are ignorant of the impedi ment, does not bastardize the issue ; and Richard de Anesty's advocates laboured to show that the marriage between William de SaekviUe and Adeliza did not come within the rule: whilst the cause of Mabel was supported partly by examples ;— for it was asked, were the children of the Kings of France, and of other great personages whom the Advocates named, to be bastardized by the divorce of their parents ?- and partly by quoting certain texts of the civU law, alleged to be applicable to the case. Proofs and Illustrations 25 I spent five marks of silver. And because the King was vexed Part n. on account of his Holiness not having directed any brief to him, I sent a messenger on the following day to the Holy Father, for a writ directed to the King (which my messenger afterwards brought to me on the Clause of Easter, at Windsor); and in that journey the messenger spent fifty shillings. After I had fined with the King, my Lord Richard de Lucy, by the King's precept, gave me a day for pleading at London at Mid -Lent ; 3 March, and there was then a CouncU ; and I came there with my friends and my helpers; and because he could not attend to this plea on account of the King's business, I tarried there for four days, and there I spent fifty shillings. From thence, he gave me a day on the Clause of Easter ; and then the King and my Lord f [sMarch' Richard de Lucy were at Windsor ; and at that day I came with my friends and my helpers, as many as I could have; and in the mean whUe I sent my brother for Ranulf de GlanvUlea, whereby he lost a palfrey, which he had bought for twenty shiUings, and he spent half a mark in this journey; and because my Lord Richard de Lucy could not attend to this plea on account of the plea of Henry de Essexb, the judgment was postponed a Richard de Anesty applied to GlanviUe, with whom he was probably connected by marriage, as a "helper." GlanviUe appears to have been rising into favour 10 Hen. II., when he acted as Sheriff of Yorkshire; but he was not advanced to the post of Justiciar tiU 25 Hen. II. b This plea was the appeal of treason preferred against Henry de Essex, the hereditary grand standard-bearer of England, by Robert de Montfort, and which was decided by battle in 1163. (Rad. de Diceto, p. 586. Mon. I. 463.) Henry de Essex was vanquished by his antagonist, and became liable to capital punishment; but by the mercy of Henry II. the sentence was mitigated, and Essex was allowed to become a monk in the abbey of Reading ; his lands were nevertheless forfeited to the Crown. The aUeged crime which had rendered the unfortunate Baron liable to accusation, was his conduct in the battle of Basingwerk, 1157, when Henry II. sustained a defeat from Owen Gwynnedd. In this conflict he was seized with a sudden panic, and casting down the banner of England, he fled, exclaiming " The King is slain " ; and to this defection the victory of the Welsh is to be principaUy ascribed. (Guil. Neub. p. 119. Gervas. Dorobern. 1880.) Yet he was not suspected by his Sovereign, and he served afterwards without reproach in the expedition agamst Toulouse ; and a private 26 Proofs and Illustrations Part II. Gifts and douceursgiven by Richard de Anestyto his " helpers," and to the King and Queen. from day to day until the King should come to Reading: and at Reading, in like manner, it was postponed from day to day until he should come to Wallingford; and in that journey I spent six pounds and five shUHngs. And from thence, because my Lord Richard was going with the King to Wales, he removed my plea into the court of the Earl of Leicester at London; and there I came; and in that journey I spent thirty -five shillings and seven pence; and because I could not get on at aU with my plea, I sent to my Lord Richard, in Wales, to the end that he might order that my plea should not be delayed; and then by his writ he ordered Ogerus Dapifera and Ralph Brito, that without delay they should do justice to me : and they gave me a day at London ; and that messenger spent five shillings, I kept my day therefore with my friends and my helpers ; when I spent twenty-seven shillings and four pence. From thence, my adver saries were summoned by the King's writ and also by my Lord Richard's writ, that they should come before the King ; and we came before the King at Woodstock, and there we remained for eight days; and at last, by the grace of God and of the King, and by judgment of his court, my uncle's land was adjudged to me; and there I spent seven pounds and ten shiUings. These are the gifts which I gave in the Archbishop's court to the pleaders and the clerks who helped me — to wit, eleven marks of silver; and in the court of my Lord of Winchester, fourteen marks of sUver; and to Master Peter de MeHde, ten marks, and a gold ring worth half a mark of sUver ; and to Master Robert de Chimai, one mark. And in the King's court I spent in gifts, in gold and silver, and in horses, sixteen marks and an half; and I gave forty shillings to Master Peter de Littlebury; and amongst the other pleaders, my neighbours, who were accustomed to come to my pleas, I spent in gifts of money and horses, twelve marks and an half. quarrel which arose between him and Montfort was the cause of the proceeding which ended in his disgrace and misfortune. a Ogerus Dapifcr held one knight's fee of Richard de Luci in Scotesbrok (Shobrok), Devonshire, of the "new enfeof ment "—(Lib. Nig. p. 235); and he appears as one of the attesting witnesses to the grants made by do Lucy to Ralph Brito and his son. Ogerus was Sheriff of Norfolk and Suffolk about 14 Hen. II. ; and about 16 Hen. II. acted as a Justice in Eyre in that county. (Madox, Exch. 98, 399.) Proofs and Illustrations 27 To Ralph a, the King's physician, I gave thirty-six marks and part n. an half ; to the King an hundred marks ; and to the Queen one mark of gold. In the first year of my plea, when I sent John, my brother, 4eC3nies beyond seas for the King's writ, I borrowed the forty shillings p°fh°7|d by which I spent, from Vives, the Jew of Cambridge, upon usance, |jj?™ce a groat1 a week for the pound ; and I kept the moneys during j™™*' fourteen months, and I rendered for hire of the same, thirty- of^^g6 seven shiUings and four pence ; and this was on the third day on his su,t after Mid-Lent. And at Easter foUowing, the said Vives lent me again sixty shillings, at a groat a week for the pound; which I kept six months, and for hire thereof I rendered twenty-four shillings. And when I myself crossed the sea for the King's writ for pleading, then Comitissab of Cambridge lent me four pounds and ten shillings, which I spent on the journey, at a groat a week for the pound; which moneys I kept nine months, and for which I rendered for usance, fifty-four shillings. And when I went for Master Peter at Stafford, then Bon-enfaunt the Jew lent me fifty shillings, at a groat a week for the pound; these moneys I kept five months, for which I rendered for usance, sixteen shiUings and eight pence. And at the Clause of Pentecost, when I pleaded at Canterbury, then Dieu-la-Cresse the Jew lent me forty shiUings, which I kept two months, at a groat a week for the pound ; for which I rendered for usance, five shiUings and four pence. And when I crossed the water to obtain Hcense to appeal to Rome, then Jacob, the Jew of Newport, lent me sixty shiUings, at a groat a week for the pound, which I kept thirteen months; for which I rendered for usance fifty-two shillings. a This Ralph, probably Ralph de Bellomonte (B. P. 3), described as "quidam in arte medicinae peritus," is noticed as attending the King's Court on the hearing of the cause between the Abbot of Battle_ and Bishop Hilary. (See below, p. 58.) 6 This is a proper name. "Comitissa," the Jewess of Cambridge, and her sons, and the Jews of Lincoln, accounted in the Exchequer for seven marks of gold, the fine which had been imposed upon them on account of the "Jewess of Lincoln," whom the son of Comitissa had married without the King's Hcense. They had paid twenty-four pounds into the treasury as the amount of four marks of gold, and were debited with the three marks of gold which remained due, 15 Henry II. (Madox, Exch. 155.) 28 Proofs and Illustrations Part ii. And when I sent my clerks to Rome, then Hakelota the Jew lent me ten pounds at the rate of three pence a week for the pound, which I kept seven months; and for which I rendered for usance, sixty shUHngs and ten pence. And after Michaelmas, when we first pleaded in the court of the Bishop of Chichester and Abbot of Westminster, then Hakelot the Jew lent me sixty shillings, at three pence a week for the pound, which I kept three months, and for which I rendered for usance, nine shillings. And at the feast of St. Martin, when we pleaded again in the court of the said judges; then Jacob, the Jew of Newport, lent me seventy shiUings, at a groat a week for the pound, which I kept eight months, and for the usance whereof I rendered thirty-seven shillings and four pence. And at the same time Benedict, the Jew of London, lent me ten shiUings, at two pence a week, which I kept three years, and for which I rendered for usance, twenty- six shUHngs. And when I carried the writ of my appeal to Winchester to the Bishop of Chichester, that it might be sealed there ; then Jacob the Jew lent me an hundred shillings, at three pence a week for the pound, which I kept ten months ; and for which I rendered for usance, fifty shillings And when I sent my clerks again to the ApostoHcal Court, then I borrowed four pounds from Hakelot the Jew, at three pence a week for the pound, which I kept six months ; and for which I rendered for usance, twenty-four shillings. And when I went to my plea at Windsor; then Dieu-la-Cresse the Jew lent me forty shillings, at the rate of three pence a week for the pound, which I kept four months, and for which I rendered for usance eight shUHngs. And in the same journey to Windsor, because my money fell short, I borrowed half a mark from Bruno b the Jew, at three halfpence a week, which I kept ten weeks, and for which I paid for usance fifteen pence. And in the same journey when I was at Reading, Hakelot the Jew, whom I found there, lent me thirty shillings, at three pence a week for the pound, which I " Probably Hakeline, the son of Jurnet, the Jew of Norwich, a creditor of Johannes de Dovra, the father of Fulbert de Dovra, who obtained the enrolment of the acquittance of his debt 10 Ric. I. (Magn. Rot. 10 Ric. I.; Madox, Exch. 171.) Jurnet was fined 2000 marks on the King's transfretation to Normandy, 23 Hen. II. b This Bruno "made fine" to the King in the enormous sum of four thousand pounds, as appears by the Great Rolls, 23, 27, and 29 Hen. II. (Madox. Exch. 153.) Proofs and Illustrations 29 kept five months ; and for which I rendered for usance, seven Part n. shillings and six pence. And when my Uncle's land was decreed to me at Woodstock, then MirabeUa, the Jewess of Newport, lent me four pounds and ten shUHngs, at a groat a week for the pound, which I kept a year ; and for which I rendered for usance, seventy- eight shiUings. And when I rendered to Ralph the physician his moneys, at the first term, Hakelot the Jew lent me seven pounds, at three pence a week for the pound, which I kept a year and a half; and for which I rendered for usance, six pounds and sixteen shiUings and six pence. And at the next term of payment, Comitissa of Cambridge lent me one hundred shillings, which I kept for two months, at three pence a week for the pound; and for which I rendered for usance, ten shiUings. At Easter last, it was two years since I paid fifty marks of sUver into the Exchequer, in part of my promise to the King, of which Hakelot the Jew lent me twenty pounds, at two pence a week for the pound: and I yet owe the principal and aU the interest; and the hire hath mounted up to twenty-six marks of sUver. Again, at the Easter foUowing I paid twenty-five marks of sUver into the Exchequer, of which Hakelot the Jew lent me seven pounds, at two pence a week for the pound : and for which I yet owe him the principal and aU the interest ; and the usance hath mounted up to sixty shillings and eight pence. Again at Michaelmas I paid into the Exchequer ten marks, of which Hakelot the Jew lent me forty shillings, at two pence a week for the pound, which I kept three months, and for which I rendered for usance, four shillings. 30 Proofs and Illustrations Part II. i. History ofthe Disputebetween the Bishop of Chichester and the Abbot of Battle. 1 148. HUary, Bishop of Chichester, being informed that the Abbey of Battle ought to be sub jected to his jurisdiction,attemptsto enforce hisEpiscopal authority. I. De Gontroversia inter Episcopum Hillarium Cicestrensem et Abbatem W. de Lucy1. (1.) Anno ab Incarnatione Domini mcxlfiii0, regnante in AngHa Stephana Rege piissimo, ex elarissimo Regis Willelmi magni stemmate orto, anno scUicet decimo tertio regni ipsius; reverendus vir quidam Hillarius nomine, moribus honestis, artiumque HberaUum praefulgens nitore, Ecclesiae Sanctae Trini- tatis Cicestrice Antistes praeficitur; qui, cum jura et dignitates Ecclesiae suae undique perscrutari cepisset. a quibusdam ei intima- tum est, ecclesiam Sancti Martini, qua? cognominatur de Bello, eo quod ibidem Deus Regi Willelmo conquisitori AngHae de inimicis suis victoriam contuHt, ejus ditioni subjacere debitam fuisse. Venerandae ergo memoriae vir, cum haec accepisset, Walterum ejusdem loci Abbatem super hoc multotiens convenit; Abbate vero resistente, nee eidem assentiente, dissentio inter eos permaxima orta est. [Concerning the dispute between Hilary, Bishop of Chichester and the Abbot Walter de Lucy1. (1.) In the year of Our Lord's Incarnation 1148, when the throne of England was occupied by the most pious King Stephen, who was descended from the iUustrious stock of King WiUiam the Great, to wit in the thirteenth year of his reign, a reverend man, Hilary by name, of honourable character and a scholar of surpassing brilliance, was appointed Bishop of the Church of the Holy Trinity at Chichester. Now he, when he had caused a close inspection to be made of aU the rights and dignities of his Church, was informed by certain men that the Church of St. Martin, which bears the title of Battle because in that spot God had granted King Willi a in, the Conqueror of England, victory over his enemies, ought rightfully to be subjected to his jurisdiction. Therefore this man of venerable memory, on receiving this information, summoned Walter, the Abbot of that place, on several occasions to come to him on this matter ; but because the Abbot withstood him and refused to comply with his orders, a very serious dispute arose between them. Proofs and Illustrations 31 (2.) Modus autem dissensionis hujusmodi erat. Episcopus Part n. Cicestrice, Abbatem de Bella ad sinodum suum apud Cicestriam waKeV ire, et omnia episcopaUa secundum canones persolvere cogebat. ^t£i? Hospitari etiam in eadem abbatia et in maneriis ejusdem, aucto- Chlchester- ritate episcopaH, et quasi ex consuetudine affectabat : Abbatem Bishop vero et abbatiam, hospitando atque pro libitu disponendo, suo attempts iuri subdere anhelabat ; hinc etiam hac utebatur auctoritate the Abbey » in his dicendo, Abbatem de Bello electum, in ecclesia Cicestrensi cum episcopal , -. capacity. professione canonica benecuctionem suam ecclesiastico more consequi debere, indeque iUum sibi et suae ecclesiae omnino sub- jectum fore. Abbas vero, e contrario, non superbiae sed patientiae et humilitatis utens exemplis, nunc viva, voce, nunc missis Cices triam nuntiis, libertatem et dignitatem suae ecclesiae opponebat; dicens Regem Willelmum, quem Divina Providentia advexit Abbot in Angliam, ut jus sibi debitum adquireret, in procinctu beUi, exemption eodem in loco, cum f avore omnium secum comitantium, votum the charters of the Con- fecisse, locum scUicet Ulum Domino Christo dare, tarn liberum queror, quam posset adquirere; clementiaque favente divina, victoriam (2.) Moreover the nature of their dispute was as foUows. The Bishop of Chichester sought to constrain the Abbot of Battle to repair to his synod at Chichester and to render to him all due service according to the canons. He also claimed the right to exact hospitaUty in this Abbey and in its manors, by virtue of his episcopal authority and (as it were) in accordance with the usual practice ; for he was keenly bent upon subjecting the Abbot and the Abbey to his jurisdiction by exacting hospitahty and by arranging matters at his own pleasure ; in addition he took advantage of this authority to say that the Abbot-elect of Battle ought, in accordance with the usual practice of the Church, to obtain his blessing in the Cathedral of Chichester after making his canonical profession of obedience, and thereafter be completely subject to him and to his church. But' the Abbot, on the other hand, not acting in any spirit of pride but rather of patience and humiHty, on one occasion in his own person and on another by means of messages despatched to Chichester, pleaded the Hberty and dignity of his church, aUeging that King William, whom Divine Providence had brought to England to obtain what was his by right, had made a vow in the neighbourhood of the battle, in fact in that very place, a vow which met with the approval of all his foUowers, to give that place to the Lord Christ as free as he could possibly acquire it ; and that, because he had obtained victory through the favour and mercy of 32 Proofs and Illustrations Part II. allegingthat the exemption had been confirmed by Lanfranc,Archbishopof Canter bury, and Stigand, Bishop oi Chichester. adeptum, votumque solventem, ecclesiam ibidem in honorem Dei et Beati Martini construxisse, pro salute omnium, et maxime omnium ibi interfectorum, ita liberam et quietam ab omni exactione terrenae servitutis, et ab omni subjectione et oppressione atque dominatione episcoporum, sicut est ecclesia Christi Can- tuarioe. Hoc etiam consiho et testimonio Lanfranci Archiepiscopi Cantuariee et Stigandi Cicestrioe episcopi aliorumque multorum, scriptis suis confirmasse : Stigandum necnon, Cicestrice episcopum prffisentem, Gausberto primo ejusdem loci abbati et monachis suis in quantum sui juris erat, hoc eodem modo Htteris suis corroborasse. Et ex tunc ad noticiam omnium transisse, ecclesiam Sancti Martini de Bello ab omni subjectione Episcopi Cicestrensis omnino liberam fuisse. (3.) Hac igitur ratione tanti viri calumpniis Abbas obvians, flagitabat obnixe, quatenus Hbertatem quam ecclesia praedicta tantorum virorum auctoritate hactenus videbatur possedisse, inviolabUi iUibatoque jure tenere Hcitum foret. Praesul vero, his minime adquiescens, crebras Abbati simultates ingerebat: Heaven, in performance of his vow, he had buUt in that place a church to the glory of God and of the Blessed St. Martin, for the salvation of aU souls and particularly of those men who had been slain there, free and exempt from all exaction of earthly service and from all subjection, oppression and domination of bishops, even as the Church of Christ at Canterbury. Further that he confirmed this exemption by his charters, with Lanfranc, Archbishop of Canterbury and Stigand, Bishop of Chichester and many others acting in the capacity of advisers and witnesses. Moreover that Stigand, the Bishop of Chichester at that time, had in the same manner confirmed the same by means of his letters to Gausbert the first abbot of that place and to his monks, as far as it was in his competence. And that from that time forward it had been clearly noted by everyone that the Church of St. Martin of Battle had been entirely free from any subjection to the Bishop of Chichester. (3.) The Abbot therefore, meeting the claims of so great a man with arguments such as these, persistently contended that the aforesaid Church should be allowed to hold, with inviolable and undiminished right, the hberty which on the evidence of suoh dis tinguished men it was shown to have hitherto possessed. But the Bishop, far from assenting to this contention, continued to direct his animosity against the Abbot ; by threatening that, if he did not Proofs and Illustrations 33 intermiaando quod, nisi sinodum peteret, interdictum post Part n. unius anni curriculum in sinodo soUempni, auctoritate canonical, The vinculo Ulum anathematis constringeret. Favebat autem UH threatens tunc Romance pastor ecclesiae Eugenius, necnon et venerabiHs under an Teodbaldus, Cantuarice Archiepiscopus et multi aHi, quorum fretus auctoritate, Abbatem et ecclesiam de Bello sibi et suae ecclesiae penitus subjugare sperabat. Verum spe consiHoque deceptus inani, rem effectui mancipare non potuit, quia spes in dubio posita plurimos nonnunquam fefeUit. (4.) Quodam igitur praedicti Stephani pnssimi Principis tern- ™?ries his pore, sinodum apud Cicestriam adire Abbas summonitus, nee 2j™t1jJto veniens, interdictus est ab Episcopo : eo tamen tenore, quod si *££££.ciSe infra quadraginta dierum spatium satisfacturus non veniret, ab ^rE?™' officio suo suspensus cessaret ; quod Abbas audiens, curiam apud ^ft Sanctum Albanum adfit propere, atque haec regiae intuHt aulae. °orty days" Rex itaque, accersito quodam clericorum suorum, Roberto de Cornuvilla nomine, misit ad Episcopum, mandans et praecipiens quatenus ecclesiam Sancti Martini de Bello, sicut dominicam repair to the synod, he would place him under an interdict, and after the term of one year would bind him with the chain of excommunica tion in solemn synod, by virtue of his canonical authority. For Eugenius, who was at that time Pope of the Roman Church and also the Venerable Theobald, Archbishop of Canterbury, and many others, favoured his suit, and he, placing great reHance on their support, hoped to make the Abbot and the church of Battle entirely subject to him and to his church. But disappointed as he was in his hopes and plans, he could not bring the matter to a successful issue, for hope when founded on a doubtful issue not infrequently disappoints very many. (4.) Therefore in the time of the aforesaid most pious Prince Stephen, the Abbot was summoned to the synod at Chichester, and when he failed to put in an appearance he was placed under an interdict by the Bishop, with this corollary, however, that if he did not come and give a satisfactory explanation within the term of forty days, he would be suspended from his office. On receipt of this news the Abbot with aU despatch repaired to St. Albans and brought the matter before the royal court. The King therefore, having summoned one of his clerks, Robert of Corneville by name, sent him to the Bishop with orders and injunctions that he should allow the church of St. Martin of Battle, as the King's private chapel p. vn. 3 34 Proofs and Illustrations Part ii. Regis capeUam et regiam coronam, ab omni exactione et oppres- The Abbot sione Hberam et quietam, Christo Domino pacifice sineret King s deservire : terminum etiam ei praefixit quatenus die octavarum whSA"' Sancti Androzce, ipse et Abbas Lundoniam venirent; ut ibi parties to dissensioni eorumdem coram se, Episcopis et Baronibus suis before wm, praesentibus, finem imponeret. that he may . .... put an end (5.) Die constituta, uterque aftuit, multis lgitur causis ibidem to such x ' A ° dissensions, discussis, Abbas Regi presentiam suam exhibuit : paratus, si quis Si' b?"o0s eidem quicquam obicere veUet, j usta rationis aequitate, pro liber- and Barons, ^ate ecclesiae suae resistere. Episcopus vero, nonnuUis ibidem The detentus negotiis, coram Rege die eadem venire distuHt. Lectis areread igitur coram Rege cartis et munitionibus de hac eadem re, stephen?"g a rege Willelmo magno subscriptis, Rex altiori usus consilio the'cn'ufc'h" praecepit ecclesiam Sancti Martini de Bello ab omni subjectione freedom et exactione Cicestrensis Episcopi, secundum Regis Willelmi et dict/orTof aHorum regum praedecessorum suorum cartas, liberam omnino ordinary, existere. In crastinum Hcentia a Rege Abbas accepta domum redut, Rege eidem pronunciante se ecclesiae de BeUo sicut and his royal crown, to serve Christ the Lord in peace free and quit of all exaction and oppression. Moreover he appointed a fixed date for both the Abbot and himself to come to London, to wit on the day of the octave of St. Andrew, so that he might put an end to the dispute which existed between them in person and in the presence of his Bishops and Barons. (5.) On the appointed day both parties appeared and, after many cases had been heard in the same place, the Abbot made known his presence to the King, being quite ready, should anyone have any aUegations to make against him, to present, a firm defence by just and reasonable argument on behalf of the Hberty of his church. But the Bishop, because he was detained in London on some other business, postponed his appearance before the King on the same day. When therefore the charters and corroborations relating to this matter, which bore the signature of King William the Great, had been read before the King, he, after taking the advice of his leading counsellors, ordered that the church of St. Martin of Battle should remain entirely free from all subjection and exaction at the hands of the Bishop of Chichester, in accordance with the charters of King William and the other Kings his predecessors. On the morrow the Abbot obtained permission from the King and departed home, the King deolaring to him that he would be the protector and defender Proofs and Illustrations 35 dominicas suae capeUse et coronae regiae, in omnibus, justa defen- Part n. sione, protectorem fore. (6.) Haud longo postmodum tempore, anno scUicet Incar- n54. nationis Dominicae mcliiii, viii. Kalend. Novembris, eodem piissimo rege Stephano ex hac luce subtracto, et in Ecclesia, quam ipse in honorem Sancti Salvatoris mundi a fundamentis construxerat, apud Fevresham tumulato, Episcopus tempus ut sibi videbatur Death »¦ opportunum nactus, quo suam ad Hbitum prosequeretur causam, 0ct- "5+, praedictum Abbatem Cicestriam ire summonitum, nee venientem, in sinodo soUempni excommunicavit. Quod quidam de Ieroso- Bishop lymitanis fratribus, de Templo sciHcet, ibidem existens, cum immediately accepisset, Lundoniam festinanter tetendit ; ubi tunc temporis cates the Abbas praedictus, praecepto venerabUis Cantuarice Archiepiscopi Teodbaldi, cum quodam fratre suo ex nobiHbus AngHae, Ricardo who is T-i %\ • -n • then at de Luci nomine, adventum Hennci, Normannorum Ducis, Regis London ° with his futuri, expectans, morabatur, atque hoc ejusdem Ricardi auribus J™*"^ pandit. Quo audito, Ricardus cum praedicto Abbate fratre suo de L.u.cr- r t- i awaiting locutus, haec ut erant Archiepiscopo referre non distulit : com- ^y^j?1 municato itaque consiHo, misit idem venerabUis Pater quendam g^tte" of the church of Battle in aU matters as justice demanded, as though it were his private chapel and his royal crown. (6.) Not long afterwards, to wit in the year of Our Lord's Incarnation, 1154, on the 25th day of October when this same most pious King Stephen was removed from this life and was buried at Faversham, in the Church which he himself had built from its founda tions, to the honour of the Holy Saviour of the world, the Bishop, having obtained, as he thought, a favourable opportunity for the prosecution of his cause at his convenience, summoned the aforesaid abbot to Chichester and when he failed to put in an appearance excommunicated him in solemn synod. When one of the brethren of Jerusalem, that is to say of the Templars, who was then in that town, heard this, he hastened with aU speed to London, where at that time the aforesaid Abbot, by command of the venerable Theobald, Archbishop of Canterbury, was staying with one of his brothers, who was an Enghsh nobleman, named Richard de Luci, awaiting the arrival of Henry, Duke of Normandy, the future king, and poured the whole story into the ears of this Richard. When he had heard it, Richard, after a conversation with his brother the Abbot, did not delay to refer the matter as it stood to the Archbishop. On receipt of this information, the said venerable Father sent one of his clergy, 3—2 36 Proofs and Illustrations Part II. ButArchbishopTheobaldinterferes ; and, at his request, the Bishop releases the sentence. "54. Dec- 19 — Hen. II. crowned at West minster. 1 1 55, Feb. March. — Great Council held, in which Henryrenews " Peace " throughoutEngland. ex clericis suis, Salomonem nomine, ad Episcopum ; mandans ei quod, Abbate secum detento, Domini sui futuri Henrici Ducis Londonice expectabat adventum. Unde mandando volebat, qua- tinus sententiam quam super Abbatem posuerat, relaxaret donee in unum convenirent: Antistes vero Cicestrensis, domini sui legati annuens voluntati, sententiam relaxavit. (7.) Adveniente itaque Domino nostro, Henrico Duce, atque apud Westmonasterium anno incarnationis dominicae eodem xiiii Kal. Januarii in Regem elevato, et a venerabiH Teodbaldo Cantuarice Archiepiscopo et totius AngHa? primate, necnon et ApostoHcae sedis Legato, ibidem coronato. totius Anglice primoribus ad eum confluentibus, juste consiHo eorum omnia disponebat. Ecclesns etiam possessiones et dignitates, ab ante- cessoribus suis concessas, sua auctoritate confirmavit: et in sequente Quadragesima congregavit generale concUium apud Lundoniam, et renovavit pacem et leges et consuetudines per AngHam ab antiquis temporibus constitutes. Ibi quoque non- nulH ex Episcopis et Abbatibus cartas et privilegia ecclesiarum suarum praesentis Regis script o et sigiUo confirmaverunt. Inter named Salomon, to the Bishop, stating that the Abbot had been detained by him at his side, and that he was awaiting the arrival of his future Lord Duke Henry at London. He therefore sent word that he wished him to release the Abbot from the sentence he had imposed on him, until a meeting could be arranged. Whereupon the Bishop of Chichester bowing to the wiU of his lord, the papal legate, released the sentence. (7.) When therefore our Lord, Duke Henry, had arrived and had been raised to the throne at Westminster in that same year of Our Lord's Incarnation on the 19th day of December and had there been crowned by the venerable Theobald, Archbishop of Canterbury, Primate of all England and Legate of the Apostolic See, and when the magnates of the whole of England had flocked together to greet him, he, acting on their counsel, made a general settlement in a just manner. He confirmed with his own authority to the churches the possessions and dignities which had been granted to them by his predecessors, and in the following Lent he summoned a general council at London and renewed the peace, laws and customs which had been established throughout England frorn ancient times. There also some of the Bishops and Abbots obtained confirmation of the charters and privUeges of their churches under the writing and seal of the reigning King ; among others, the Abbot of Battle aforesaid produced Proofs and Illustrations 37 quos, praedictus Abbas de Bello, Regis Willelmi et aHorum Part n. Regum cartis et scriptis per ordinem ostensis, ut in scripto et various sigiUo ejusdem Principis confirmarentur, obtinuit. Quod Epis- and others copus Cicestrensis cum accepisset, citato gradu Archiepiscopum confirma- adiit, eique Abbatem de Bello cartas contra dignitates Cantuarice charters. ecclesias, et suae etiam ecclesiae Cicestrensis sciHcet possedisse, et ut in praesentis Regis sigiUo confirmarentur obtinuisse intimavit; obsecrare igitur ut hoc communi prohiberent sentential, ne aHi per Angliam Abbates, quasi quoddam privilegium hoc contra Bishop Episcopos suos sibi vindicarent, si praedictus Abbas contra Ulos applies i • ¦ 1 -n- A i • ¦ -I ¦ • • • t0 the prevaluisse videretur. His Archiepiscopus auditis, nimiumque Archbishop ii/v ¦ -y. . - ofCanter- credulus effectus, sponsione affirmavit certissima, se nunquam bury to ¦, . . , . prevent the hiis suum praebere assensum, quo aHquo haec pro voto Abbatis confirmation fine terminari potuissent. charters. (8.) Factum est autem in crastinum, Rege et Archiepiscopo The Arch- in unum convenientibus, Archiepiscopus super his sermonem protestsaccordingly intuHt, dicens : Regem pati non debere Cantuariensem ecclesiam, against the ° x confirmation matrem videHcet totius Anqlice, et per quam idem Rex diademate °f.t>?,e ° x x privileges insignitus fuisset, necnon et Cicestrioe Ecclesiam ejusdem videHcet AfbJ*tuj;s the charters and writings of King William and of other Kings in order and obtained confirmation for them under the hand and seal of this same Prince. When the Bishop of Chichester heard news of this, he approached the Archbishop with aU speed and told him that the Abbot of Battle was in possession of charters which were prejudicial to the dignities of the church of Canterbury and of his own church of Chichester and that the Abbot had obtained confirmation for them under the seal of the reigning king. He therefore entreated that they should make united protest against this transaction to prevent other Abbots throughout England from claiming this confirmation as a sort of special right against their Bishops, as they would if the aforesaid Abbot evidently got the better of them. On hearing these words the Archbishop, who beheved them far too impUcitly, gave a most solemn assurance that he never, for any prayer the Abbot might make to him, would give his consent to these transactions, so that they could be brought to a successful issue. (8.) Moreover, it happened on the morrow that the King and the Archbishop met together and the Archbishop made mention of the matter, saying that the King ought not to aUow that the church of Canterbury, seeing that it was the Mother Church of the whole of England and that the King himself had been crowned with the diadem the Charter. 38 Proofs and Illustrations Part n. suffraganeam, Hbertates et dignitates ab antiquis temporibus prejudicial possessas, pro ecclesia de Bello non tantae auctoritatis et dignitatis to the rights gj^yjigj^ Acceperat namque Abbatem UHus loci cartas contra confluence dignitates et Hbertates ecclesiarum praedictarum possedisse; King ° flagitare itaque ut haec regal i omnino adnuUaret auctoritate, chancellor aut carta Abbatis regio careret sigillo, donee, suo correcta sealing of consiho, ecclesia Cantuarice necnon et Cicestrioe jus suum non amisisse gauderent. Rex igitur tanti viri, utpote sui patris spirituaHs, et a quo diademate regaH haud longe ante fuerat insignitus, annuens voluntati, CanceUario accito regio, prohibuit cartam Abbatis de Bello regaH sigiUo confirmari. Quid multa? per vulgi ora dispersa Abbatis auribus ha?c propere fama intuht. Redeunte itaque luce, Abbas curiam adut : sed, Rege venatum eunte, nil die eadem proficiens, ad hospitium suum reversus est. (9.) Sequenti luce, summo mane, Abbas iterum Westmonas- terium petiit: ibique coram altare quo Rex missam erat audi- turus opperiens, multis mente modis volvebat, quid super hac by her offices, or the church of Chichester, seeing that it was a suffragan of this same church, or their liberties and dignities which they had possessed from time immemorial, should be set at nought in consideration for the church of Battle — a church of less authority and dignity. For he had heard that the Abbot of that place was in possession of charters prejudicial to the dignities and liberties of the aforesaid churches. He asked the King therefore to annul completely these pretensions by his royal authority or that the charter of the Abbot should not receive the King's seal untd it had been modified by his advice and the church of Canterbury and that of Chichester as weU should hear with joy that they had not lost their due right. The King, therefore, yielding to the wdl of so great a man as to one who was his own spiritual father, who but a short time before had with his own hands crowned him with the royal diadem, sent for the royal Chancellor and forbade him to confirm the charter of the Abbot of Battle with the King's seal. Need I say more ? News of this flying from mouth to mouth among the people quickly reached the ears of the Abbot. And so early the next day the Abbot proceeded to court, but not being able to do anything on that day because the King was going a, hunting, he returned to his lodging. (9.) On the foUowing day, very early in the morning, the Abbot again proceeded to Westminster and there waiting in front of the altar at whioh the King was to hear mass turned over in his mind Proofs and Illustrations 39 re facturus esset. Adveniente Rege ut missam audiret, post Part n. inissas introitum Abbas Regem conveniens — "Domine — inquit, The Abbot "vestra praeceperat exceUentia cartam Ecclesiae nostras sigiUo w5h°"hera " "confirmari regio, sed qua de causa, repulsam passa sit ignoro ; aiteS Ss° " jubeat igitur dementia vestra ut verbum regium fixo stet gradu, commands "nee pro cujusquam invidia pessumdari videatur."— Accito charter itaque CanceUario, praecepit Rex, ut carta Abbatis sigiUi sui confirmaretur impressione ; necdum verba compleverat, et ecce The Bishop Episcopus festinato gradu, iUud ut erat mente suspicatus, accur- protests rens, Regem tab affatur aUoquio. — "Domine mi, meminisse decet the aiiow- "clementiam vestram unde nudius tercius venerabUis Cantuarioe charter ; . . . upon which Archiepiscopus et Ego, querimoniam coram vobis deposuimus the King "de Abbate, sciHcet de Bello, qui contra dignitates nostrarum that !t shaU x ^V be sealed; "ecclesiarum cartas quaerit ; ut quae hactenus jure canonico viden- but at fhe J- J ^ •> same time "tur possedisse, ejus calHditate prevalente, lugeant se amisisse. ^nreec^a*at "Prohibeat itaque regia dignitas vestra, ut hoc nuUatenus aHqua^°£^h "confirmetur auctoritate, ne aHi hujusmodi exemplo contra Epis- *ed^sehc|> "copos suos insurgere videantur." — Rex vero praecepit cartam £S£*before the Arch bishop : if they can many plans as to his future conduct in this matter. And when the King came to hear mass, the Abbot after the Introit approach ing the King said : — -" My Lord, your exceUency had given commands that the charter of our Church should be confirmed, with the royal seal, but for what reason it has been aUowed to be rejected I know not ; let therefore your clemency command that the word of the King remain firm and fast and not appear to f aU to the ground through the envy of any man." The King therefore sent for the ChanceUor and gave orders that the charter of the Abbot should be confirmed by the mark of his seal ; nor had he finished speaking when the Bishop, who suspected that matters were so, came running up with aU speed and addressed the King in the foUowing speech : — "My Lord, it is fitting that your clemency should remember the grounds on which the venerable Archbishop of Canterbury and I three days ago lodged a complaint before you with reference to an Abbot, of Battle to wit, who is seeking to obtain charters which are prejudicial to the dignities of our churches ; of such a sort as to cause them [i.e. our churches] if his craft should be successful to bemoan the loss of those privdeges which up to now they appear to have possessed by canon law. Let therefore your royal dignity forbid that this undertaking should by any means be confirmed by any authority, lest others, acting on this precedent, may be found to revolt against their Bishops." — The King, however, gave orders that the charter of the Abbot should be confirmed —theChancellor causes the 40 Proofs and Illustrations Part n. Abbatis regio confirmari sigiUo; et deinde Episcopum et Abba- agree, the tern simulque CanceUarium coram Archiepiscopo convenire, ishtobe lectaque carta Abbatis, UHs audientibus, si qua corrigenda essent, the Abbot" eorum consiHo corrigerentur, sicque in pace cum carta sua Abbas then it is to domum rediret. Quod si sententia discordante discessissent, the chan- carta Abbatis in capeUa, Regis a CanceUario custodiretur, donee cellor in l o the chapei sententia, Regis quid inde fieret discerneret. Percantato itaque una."tn?) missae canone usque ad Pax Domini, Episcopus, ut moris est, SeeThat Pace a sacerdote accepta, Regi detulit, et deinde Abbati, multis bedone0 plurimum mirantibus, porrexit. clnferenw (*0-) Episcopo igitur et Abbate simulque CanceUario multis- at Lambeth que anjg coram Archiepiscopo apud Lametham convenientibus, lectaque carta magni Willelmi Regis, exemplo cujus omnes charterTo s aliae cartas Regum sequentium confirmatae sunt, ubi ventum est befo«dthe ad quoddam verbum quod in eadem continetur carta,, quod theCBiihop!' " ecclesia " sciHcet "de Bello Hbera sit omnino ab omni sub s' *" "jectione Episcoporum sicut ecclesia Christi Cantuarioe;" clamor undique attoIUtur : quibusdam asserentibus hoc contra canonum by his seal, and that the Bishop and the Abbot, together with the Chancellor, should then come together before the Archbishop, and after the charter had been read in their hearing, if any details were to be amended the amendments were to be made in accordance with their counsel ; and so the Abbot could return home with his charter in peace. But if they separated in disagreement, the charter of the Abbot was to be kept by the ChanceUor in the King's chapel, until the King should decree what ought to be done in the matter. When therefore the canon of the mass had been sung as far as the " Pax Domini," the Bishop, as is the custom, having received the pax from the priest, conveyed it to the King and then, to the great amazement of many, gave it to the Abbot. (10.) When therefore the Bishop and the Abbot with the Chancellor and many others had assembled before the Archbishop at Lambeth and while the charter of King William the Great was being read, on the precedent of which all the charters of the succeeding Kings had been confirmed, when they came to a certain expression which was contained in this charter namely :— "that the church of Battle should be free from aU subjection to the Bishops as is the church of Christ at Canterbury," an uproar ensued on all sides, some asserting that this was contrary to the regulations of the canons, others saying that it was prejudicial Proofs and Illustrations 41 instituta extitisse, aHis dicentibus hoc contra dignitates Can- Part n. tuariensis ecclesiae fuisse, nonnuUis nimium clamantibus hoc verbum peremptorium esse, multis etiam hoc aHter objurgando interpretantibus, hinc inde confusa perstrepebat sententia. Carta perlecta, cum neminem praedecessorum suorum Episco- porum praefatus Cicestrensis Episcopus Hilarius in subscriptis The Bishop ejusdem cartae inveniret testibus, praeceUentissimam hujus verbi a sentence dignitatem, sacrorum canonum in perpetuum auctoritate dam- {jj^jj^ nandam, et praesentium simul judicum confirmatione censuit n°"dj°'^|s delendam. Hujus sententiam concors etiam archiepiscopi con- jjj^l; clamatio prosecuta est. Abbate vero quamvis rationabiHter The Ma^ resistente, non tamen iUorum quievit commotio. CanceUarius ^he°' with autem audiens Ulos inter se discrepantes, retuHt cartam Abbatis Jt^. inde discedens in capeUam Regis, eamque ibi servandam, juxta therfore Regis praeceptum, tradidit. Abbas vero, amicorum suorum usus Jj£hdraws consiHo, ad propria reversus est, nil de Dei desperans auxUio. for th" Episcopus laetus et hUaris effectus est ; sperabat enim Abbatem depositing ecclesiamque de Bello cartae suae omnino confirmatione privari; kSbs"chaDel verum ut scrip tura testatur, "homo proponit, Deus autem dis- to the dignities of the church of Canterbury, yet others shouting that this expression was much too unqualified, many also vehemently pro claiming other interpretations. On either side there arose a perfect din of confused opinions. When the charter had been read through and the above-mentioned Hilary, Bishop of Chichester, could find none of the Bishops, his predecessors, amongst the names of the witnesses written on the charter, he expressed his opinion that that clause, which conferred a dignity that was conspicuously beyond aU others, should be condemned for ever by the authority of the sacred canons and that the confirmation should be annulled by authority of the judges then present. A pronouncement on the part of the archbishop in complete agreement with this opinion immediately followed. When the Abbot made rejoinder, though it was reasonable, yet the uproar of his opponents did not subside. The ChanceUor, however, hearing them thus at difference with one another, took his departure and carried the charter to the King's chapel and handed it over to be kept there according to the King's command. The Abbot, acting on the advice of his friends, returned to his own home, with his trust in God's help in no way lessened. The Bishop was happy and joyful ; for he hoped the Abbot and church of Battle would be deprived entirely of the confirmation of their charter ; but truly, as the scriptures bear witness, "Man proposes, but God disposes"; 42 Proofs and Illustrations Part ii. ponit," non passus est Christus Ecclesiam suam antiquis suis et justis carere privilegns, sed sua, proveniente misericordia tempore ei opportuno in meHus restituit. (11.) Eodem itaque anno, in tempore Paschali, quidam ex Moltjmer AngHae nobiHbus, Hugo de Mortuo Mare cognomine, vir poUens Talrfst viribus sod multo maxime ingenio vaHdus, praedives opibus, Henry n. miiitari negotio strenuus, Regem utpote adolescentem, ejusque industriam indignationi habens, castris suis munitis, ejusdem imperus se suaque summitti refutabat. Ea vero postquam Henry ii. Regi enunciata sunt, congregata miHtum multitudine non modica, Mortimer ipsum Hugonem in quodam castro suo, Bregge nomine, obsedit, 3 BrSeg^eU' vaUoque et castris undique circumdedit, omnemque UH egrediendi nort4"at spem omine mutato interclusit. Abbas autem tempus, ut sibi the Abbot et amicis suis visum est, opportunum nactus. Regem ibi adiit, the King, et ut in tab decet negotio muneribus suis honoravit, atque super offers his ... -r, dutiful gifts, carta sua eidem sermonem intulit; acceptoque a Rege responso 'or the super hoc optimo, ad quasdam terras suas juxta regionem Ulam his charter, sitas, ad tempus perendinaturus secessit. Christ did not suffer His own Church to be deprived of its ancient and due privfieges, but His mercy manifesting itself, in His own good time, He restored it to better fortunes. (11.) In that same year, at Easter-tide, one of the nobles of England by name, Hugh de Mortimer, a man of great physical strength and of stiU greater mental powers, exceptionally strong in resources and a doughty warrior, held the King in disdain on account of his youth and his activity, and refusing to hold himself and his possessions in submission to the King, fortified his castles to resist him. When news of this was brought to the King, he gathered together an army of considerable size and besieged Hugh in one of his castles, by name Bregge (Bridgnorth), and having surrounded it with a trench and ramparts on aU sides, turned the tables on him by cutting off aU hope of exit. The Abbot moreover, seizing what appeared to him and to his friends to be a good opportunity, approached the King at that place, and after showing him due respect by his gifts as is fitting in such matters, addressed him on the subject of his charter, and having received a very favourable reply from the King withdrew to certain of his lands situated near that locality, prepared to tarry there for a little while. Proofs and Illustrations 43 (12.) Haud multo postmodum tempore, Rex ipsum Hugonem Part n. ad deditionem coegit, mandans per Angliam universam Archie- Henry ii. piscopos, Episcopos, et Abbatum plurimos, Comites et Barones Hugh de universos, quarto die prcecedente festum Sancti Benedicti estivi Great temporis, ibidem convenire. Quibus congregatis, pax inter Parliament c m • a r summoned Regem et Hugonem facta est. lertia die post pacem tactam, to meet afTuit et Abbas. ConsiHo igitur fratris sui Ricardi de Luci et aH- "ss, in 0 , ,, which orum amicorum suorum, abbas Regem in crastinum adfit atque peaceis ° x settled be- super carta, sua Ulum interpeUatus est. Rex, cum quibusdam tweea them- secreti sui conscus consiHo communicato, Deo favente, et Beato Jb^inB' Martino Christi confessore, qui nunquam in se sperantes deserit, nj^iv^ auxUiante, coadjuvantibus etiam terreni consUii patrohis, Comite ^S^^HSf sciHcet Cornubice Raginaldo, et Ricardo de Humez Regis Tribuno, ^wlu, qui cum Ricardo de Luci et Abbate Waltero amicitiae fcedere JSchard conjuncti erant, reddidit Rex cartam preedictam Abbati, et per $othUm'z Ulum Ecclesias de Bello, quae est signum coronae regiae AngHae, Richard0 earn misit, laetantibus hominibus Abbatis et Ecclesiae de Bello mttfe amicis, immensoque gaudio tripudiantibus ; inimicis vero eorum restores the undique perfusis maerore et confusis. Valedicens igitur Regi the* Abbot (12.) Not long after this, the King compelled Hugh to surrender and issued a proclamation throughout the whole of England that the Archbishops, Bishops, most of the Abbots and aU the Earls and Barons should meet together at that place on the fourth day preceding the festival of St. Benedict in the summer time. When they had aU assembled, peace was concluded between the King and Hugh. On the third day after peace had been concluded, the Abbot presented himself. Acting therefore on the advice of his brother Richard de Luci and other of his friends, the Abbot approached the King on the next day and made enquiry of him about his charter. The King, having taken counsel with some of his privy counciUors, through the favour of God and by the help of the Blessed Martin the confessor of Christ, who never deserts those who put their hope in him, and' with the aid of certain protectors among his secular advisers, to wit Reginald Earl of Cornwall and Richard de Humez the King's constable, men who were joined in the bonds of friendship with Richard de Luci and the Abbot Walter, restored the above-mentioned charter to the Abbot and through bim sent it to the church of Battle, which is the token of the royal crown of England, to the great defight of the men of the Abbot and the friends of the church of Battle, who exulted in joy without limit, whUe their enemies on aU sides were covered with sorrow and confusion. The Abbot therefore 44 Proofs and Illustrations Part n. Abbas et gratias agens, a curia, cum carta, sua, recessit; et juxta statuta dierum itinera ad Bellum reversus est, ibique, carta coram fratribus ejusdem ecclesiae perlecta, exposuit eis omnia quae sibi contigerant, gaudentibus omnibus et Deum maximo cordis council held affectu super hoc glorificantibus. at West- r minster, ii'ss.'aTter (13.) In sequenti Nativitatis Domini festo, tenuit idem excel- mnghsaiis lentissimus Rex concUium suum apud Westmonasterium, et, mind"" dispositis omnibus suis, propter quaedam negotia sua, transnavi- /ale'year5 gavit in Normanniam. In iUo eodemque anno, die Decollationis be"hereSt0 Sancti Johannis Baptistce, pro quibusdam causis et negotiis from0"6 ecclesiae de Bello, transfretavit Abbas mare, ivitque ad Regem; The'AbbJt inveniensque ilium apud Salmurum, locutusque cum eo, consilio iarTgTind6 Reginae Anglice et Ricardi de Luci fratris sui, qui cum Rege ibi at'tauXr, aderant, omnibus pro voto rite perfectis, reversus est in Angliam. ?°SA"S" Hoc nonnuUi ex ecclesiasticis personis Anglice male acceperunt; —despatches pu^antes ipSUrn Abbatem insidiose, quo eos exosos faceret, opera wlthhim. eorum faUacia Regi annuntiasse; verum hoc postmodum patuit beVomts"' omnibus esse falsissimum. Hac de causa, Episcopus etiam suspicious to certain other ecclesiastics, who imagine attemPtedasto after taking leave of the King and tendering bim his thanks, retired with the em from court with his charter and returned to Battle, journeying consequence the appointed stage each dav. and there having read out the charter of which • . i r i - -, -,' the Bishop in the presence of his brethren of that church, he related to them also goes to aU that had happened to him. And they aU greatly rejoiced and glorified God with heartfelt joy because of it. (13.) On the succeeding festival of the Xativity of Our Lord, this same most exceUent King held his CouncU at Westminster, and having settled aU his affairs, sailed across to Xormandy to attend to some business of his own. In that same year, on the day of the Decollation of St. John the Baptist, the Abbot crossed the sea on account of certain matters and business connected with the church of Battle and went to the King whom he found at Saumur. After having spoken with him and having transacted Iris business as he desired, on the advice of the Queen of England and of his brother Richard de Luci, who were there with the King, he returned to England. This journey caused great annoyance to some of the clergv of England; for they thought that the Abbot had artfully reported" to the King their crafty actions in order to make them hateful to him. This, however, was later on proved to aU men to be utterly untrue. For this reason the Bishop of Chichester also, thinking that he would not Proofs and Illustrations 45 Cicestrice, reputans se, ipsius Abbatis intimatione, erga Regem Part n. non bene aeceptum fore, necnon et pro aHis suis negotiis, circa the King, festum Sancti Martini hiemale transivit ad Regem, et cum eo SueTwith moratus est, donee Rex reverteretur in AngHam. hhTretum to England. (14.) In prima ebdomada Quadragesimce sequentis, venerunt The Abbot • -n • /-<• • a -l- t ¦ summoned duo Decam Episcopi Cicestrice, Ansqerus sciHcet Lewensis et °y virtue Thomas Hastingensis, usque ad Bellum, adducentes secum quin- °r rescript que presbiteros ; locutique cum Abbate, obtulerunt ei litteras Jjp? Domini Papae Adriani, instantes ut responsum ejus super his, Chichester festinato gradu, Archidiacono Cicestrice, Henrico, referrent. gun™d"Lent Abbas autem in secretiori loco, litteris inspectis et perlectis, £&'£ accito Priore ejusdem loci et fratribus nonnuUis, consiHoque l^^aaiSt communicato, in omnibus secundum tenorem Htterarum se *££ he respondit obediturum, salvo honore ipsius domini Papae et fidefitate simul et honore Domini sui Regis AngHae et personae suae et ordinis sui, salvo etiam jure Ecclesiae suae. Hoc accepto, aha eidem intulerunt, dicentes, Johannem Cicestrensis ecclesiae Decanum, et Henricum Archidiaconum, et Rogerum Thesaura- rium ejusdem ecclesiae, ex parte Domini Papae mandando be in favour with the King because of the Abbot's report, and also in order to transact some other business, went over to the King, about the time of the winter festival of Saint Martin, and stayed with him until he returned to England. (14.) In the first week of the foUowing Lent two deans of the Bishop of Chichester, namely Ansgar of Lewes and Thomas of Hastings, came to Battle bringing with them five priests. After speaking with the Abbot they presented him with a letter from the Lord Pope Adrian1, bidding him give his answer to it with all speed to Henry, Archdeacon of Chichester. Moreover the Abbot having examined and read through this letter in greater privacy, summoned the Prior and some of the brothers of that place and took counsel with them. He thereupon made answer that he would act in obedience to the purport of the letter in aU things saving the honour of his Lord the Pope, his fealty and the honour of his Lord the King of England and of his own person and his order, and saving also the right of his church. On receipt of this answer, these men gave him notice further, saying that John, Dean of the Church of Chichester, and Henry the Archdeacon and Roger the Treasurer of that Church, did summon and command him on behalf of the Lord Pope, to come to 46 Proofs and Illustrations Part ii. summonuisse, quatenus Cicestriam Dominica quae est Lcetare Jeru salem, conveniret, ibi auditurus precepta ipsius Domini Papae, sicque discesserunt. Abbas vero, ut semper de Dei et Beatae Mariae Virginis necnon et Beati Martini confessoris Christi confisus auxiUo, cum Archiepiscopo Cantuarice et quibusdam secreti sui consciis consiHo communicato, die statuta Cicestriam venit; intransque capitulum ubi omnes congregati fuerant, assurgentibus sibi omnibus et in sede honorifice coUocantibus, residentibus quoque circa se universis atque reticentibus, sic demum Abbas ora resolvit. s^hof (1®*) "Nuper, Domini et fratres, quidam ex vestris ad nos the Abbot "venientes, Htteras Domini Papae nobis protulerunt, summo- "nentes etiam ex ipsius Domini Papae auctoritate, quatenus hue, "hac die praesenti, conveniremus, ejusdem venerabUis Domini "audituri precepta. Adsumus ob reverentiam et honorem tantae "exceUentiae Patris, in omnibus, salvo ejusdem patris honore et "fidehtate simul et honore Domini nostri Regis Anglia, et "personam nostras, atque ordinis nostri, salvo etiam jure Ecclesiae "nostras, parati ejusdem parere preceptis." His ejusdem Eccle siae Decanus auditis prohibuit ne aHquis ei nisi prius consiho Chichester on Mid-Lent Sunday, there to hear the commands of the Lord Pope himself — and they thereupon took their departure. The Abbot, trusting as always in the help of God and the Blessed Virgin Mary and also of the Blessed Martin the confessor of Christ, and having taken counsel with the Archbishop of Canterbury and certain others in his confidence, came to Chichester on the appointed day. On entering the chapter hous ¦? where aU had assembled, ever}' man rose to his feet and he was placed in his seat with great honour. Then finaUy when aU around him had reseated themselves in silence, the Abbot thus began to speak. (15.) "Lately, my Lords and brothers, certain of you came to us bringing a letter from the Lord Pope and summoning us, on the au thority of the Lord Pope himself, to appear here on this present day to hear the commands of the same reverend Lord. We have come out of veneration and honour of the Father's most worthy exceUence, ready to obey his commands in aU things saving the honour of our said father and of our fealty and the honour of our Lord the King of England and of our person and our order and saving also the right of our church." On hearmg these words the Dean (of Chichester) forbade anyone to make reply without first taking counsel with the others : Proofs and Illustrations 47 communicato responsum redderet ; convocansque majoris aucto- Part n. ritatis fratres secreto, eorumque usus consiHo, redHt, et his Abbatem verbis affatur. (16.) "Nimirum, venerande Domine Abbas, ut se res habet, Dean of V ' _ . . L . , , . . Chichester "precepto Dommi Papae summomtus, hue advenistis: nunc requires .... -i-\.-r\ 7.7. the Abbot "igitur restat quatenus nobis Hteras Domini Papae vobis directas to produce 6> ^ . x the Pope's " ostendatis, ut per Ulas, quae nobis praecepta sunt, ordine com- buU- "petenti vestrae dUectioni pandamus: eritque, ratione dictante, "his quae vobis earum auctoritate objecta fuerint, demisso vultu "obedire aut superciHo erecto contraire." Abbas vero Htteras The Abbot - - . . . says he has secum neque detulisse neque quemquam se super hoc eonvemsse a not with perhibebat; tunc quidam ex clericis Decano contrascriptum litterarum obtuHt, jussusque in auditu omnium perlegit. (17.) "Adrianus Episcopus, Servus Servorum Dei, cHlecto a transcript filio Gauterio Abbati de Bello, salutem et apostoHcam bene- Adrian'sbull read — dictionem. Recte a suis subditis Uli obedientia denegabitur, requiring the ... Abbot t° qui suo Prelato debitam recusat obedientiam exhibere. Pervenit render. , * canonical ad nos quod venerabiH fratri nostra Hilario, Cicestrensi Episcopo, subjection to and so having caUed together privately his brethren of higher authority and having taken counsel with them, he returned and addressed the Abbot in these words : — • (16.) " Truly, my reverend Lord Abbot, you have come here sum moned, as the fact is, by the order of the Lord Pope : now therefore it remains for you to shew us the letter of our Lord Pope which has been sent to you in order that through it we might disclose to your eminence, in due order, those commands which have been laid upon us, and it wiU remain for you, according as your reason may suggest, to obey submissively or to oppose defiantly in regard to the matters which by the authority of the letter are put before you." The Abbot, however, protested that he had not brought the letter with him and that no one had summoned him for that purpose ; whereupon one of the clerks brought forward to the Dean a copy of the BuU and when bidden to do so read out the foUowing, in the hearing of aU: (17.) "Adrian, Bishop, servant of the servants of God, to his beloved son, Walter, Abbot of Battle, greeting and apostolic blessing. Rightly wiU disobedience be shewn by his subordinates to him who refuses to yield due obedience to his Prelate. A report has come to us that you do withhold the obedience due to our venerable brother, discourse. 48 Proofs and Illustrations Part ii. cui professionem fecisti, debitam obedientiam subtrahas, et ipsius the Bishop contradicas obedire mandatis: quod quam pernitiosum sit et under pain . . ...... i , ofe*com- omm rationi contranum, si pnmi hominis pcenam ad memoriam reduceres, posses de facUi invenire. Ideoque per praesentia tibi scripta mandamus quatenus ei, tanquam Episcopo tuo et patri, atque commissae sibi Ecclesiae studeas fideHter obedire, alioquin scire te volumus quod sententiam quam in te idem frater noster propter hoc canonice promulgaverit, nos auctore Deo ratam habebimus. Data Romee, apud Sanctum Petrum, Kal. Martii." The Dean (18.) Epistola, perleeta, — "Audistis " — inquit Decanus, — resumes his Domine Abbas, quo ordine Dominus Papa vos hortatur, ut 'praelatis vestris obedientiam exhibeatis; et quam maxime huic 'Ecclesiae Cicestrice et tuo Episcopo Hilario? — Xotare namque 'decet prudentiam vestram, qua de causa, Dominus Papa 'tuo 'Episcopo' interposuit. A fundamentis itaque ecclesia de Bello 'constructs, primus eidem Abbas electus jussa canonum secutus ' est, atque in hac sancta, Ecclesia, cum professione benedictionem 'suam canonice consecutus est. Deinde omnes ejus substituti, Hilary, Bishop of Chichester, to whom you did make a profession of obedience, and that you do refuse to obey his orders. How disastrous and contrary to aU good sense such conduct is, you wiU easfiy perceive if you recal to mind the punishment of the first man. Wherefore by this writing we do command you that you strive with aU your power to render faithful obedience to bim, as to your Bishop and father, and to the Church entrusted to his care ; otherwise we would have you know that we shaU ratify by divine authority the sentence which our same brother has canonicaUy issued against you on this account. Given at Rome at Saint Peter's (Church) on the 1st of March." (18.) The letter having been read through, the Dean said :— " My Lord Abbot, have you heard in what manner the Lord Pope exhorts you to shew obedience to your prelates and especiaUy to this church of Chichester and your Bishop, Hilary ? For your prudence wiU but rightly prompt you to note why the Lord Pope used the words 'your Bishop.- At the very foundation of the church of Battle, its first Abbot-elect foUowed the commands of the canons and in this holy Church duly obtained his blessing after making his profession. And so thereafter did aU those who succeeded him whose names Proofs and Illustrations 49 "quorum nomina haud in memoria habemus: cum quibus, vos Part n. "etiam, Waltere, quern hic residere et moderamina iUius ecclesiae "tenere perspicimus, idem fecisse nuUi dubium est. Quia vero "in afiquibus prudentia vestra a via obediential huic Ecclesiae "professae declinavit, postulat haec sancta Ecclesia, et nos qui "hujus sanctae ecclesiae fiHi sumus, quatenus vos, ut fiHus, matrem "vestram, hanc sciHcet Ecclesiam, de vobis certificetis, ut in "omnibus, sicut canonicum est, eidem canonicam deinceps "obedientiam, omni ambiguitate detersa, exhibeatis. Revera "etenim, reverende Pater, ut optime novit caritas vestra, canones "sacri personam hujusmodi ambiguam, aut testibus legaHbus "vel sacramentis ecclesiasticis, seu etiam scedula ejusdem corro- "borata sigiUo, sanxerunt astringi; nempe Dominus noster "Episcopus Hilarius, suscepto hujus sanctae matris vestrae "ecclesiae regimine, juxta canonum instituta, vos cum quadam "parochiae suae persona aHa, semel iterumque et tercio, sinodum "adire apud Cicestriam summonitos, nee venientes, inter dixit: "verum persona aHa suppHci voce veniam petens obtinuit; vobis "vero, in sententia permanente, post unius anni curriculum, in "sinodo sancta, vinculum anathematis impositum est, quo vos "etiam usque in hodiernum astrictum tenemus. Quamobrem we no longer remember ; that you too, Walter, whom we see seated here and holding the management of that church, did so in Hke manner no one doubts. Because therefore your prudence has in some matters strayed from the path of obedience which you professed to owe to this Church, this holy Church demands and we, who are the sons of that holy Church, demand, that you, as a son to his mother, to wit, this Church, should certify on your own behalf that you will, in aU matters, as it is ordained by the canon, henceforth shew to it canonical obedience, with out any equivocation. For indeed, Reverend Father, the holy canons, as you, dear Abbot, know quite well, have enacted that a person who indulges in equivocation of this kind should be bound either by legal witnesses or by ecclesiastical oaths or even by a schedule, ratified by his seal. Of a truth did our Lord Bishop Hilary, when he undertook the direction of your holy mother, this church, according to canon law, summon you and a certain other person of his diocese, once, twice, and a third time, to come to the synod at Chichester, and when you did not come, interdicted you : but that other person begged humbly for pardon and obtained it. But when you persisted in your attitude, the bond of excommunication was placed on you, after the course of one year, in holy synod, and with this bond we hold you p. vu. 4 50 Proofs and Illustrations Part n. "haec sancta Ecclesia, vobis ut fiHo condolens, postulat, ut, his "nunc reHctis, nobis fratribus vestris sciHcet audientibus, quae "sibi jure debetis, profited non differatis. Et quia ut superius Requires "protulimus, uno ex tribus vinculo persona ambigua more u. write " ecclesiastico est astringenda, ob honorem et dignitatem Ecclesias very little __ « e£ personae vestrae, providimus exceUentissimum esse et Con or instru- "gruum, quatenus scedulam parvissimam vestrae professionis taming his « m0(jum continentem, sub quadam renovatione Ecclesiae huio profession ot *¦"¦'-' ? x obedience. « e^. noDjs perscribatis, et sigilH vestri impressione sub quorundam "testimonio confirmetis; quo, omni deinceps ambiguitate detersa, "Ecclesia praesens ut fUium vos diHgendo foveat, et in omnibus "consilium et auxilium praabeat: sic itaque, pace communicata, "gremio sanctae ecclesia? restitutus, hilari cordis affectu redeatis "ad propria. Nos vero, in his quibus vestra fraternitas erga "venerabUem dominum nostrum Episcopum Hilarium deliquisse " cognoscitur, mediatores interpositi, indignationem iUius erga "vos et iram, pace conjuncta, Dei annuente gratia, sedabimus. "Provideat igitur dUectio vestra, quatenus tarn magnae auctori- "tatis atque nobUitatis persona perfectarum scientiarum utatur bound even up to this day. Wherefore this holy Church, grieving for you as for a son, demands that you now abandon this attitude and do not delay further to make to us who hear you, as to your own brothers, those professions which you rightly ought to make. And because, as we have stated above, a person who equivocates, according to the custom of the Church, nnir-t be bound with one of three bonds, for the honour and dignity of the Church and of your self, we have determined that it would be most desirable and fitting that you should write for this Church and for us a httle schedule containing the exact manner of jour profession in the form of a renewal, and that you should ratify it with the impression of your seal upon the witness of certain men ; so that all equivocation being henceforth put away this Church may cherish you by loving you as a son, and offer you help and counsel in aU matters : so that therefore when peace has been estabhshed between us you may return home, restored to the bosom of holy Church, with joy in your heart. We indeed, as mediators in these matters, wherein you, our brother, are found to have failed towards our reverend lord, Bishop Hilary, will by the grace of Heaven appease his resentment and anger against you when once peace has been estabhshed. Let therefore your Grace see to it that a person of your great power and nobility shall make use of the counsel of perfect knowledge, and answer us Proofs and Illustrations 51 "consiHo, nobisque modesto super his atque accepto sermone Part n. "respondeat; neque in dubio sit, quin eloqmis dulcissimis a "vobis propalatis humifitas nostra benigne faveat, ampuUosis "vero et sesquipedaHbus viriHter contradicat, quam vis ingenuam "vestri generis magnanimitatem non superbiae tipo extolH sed "patientiae atque rationis virtute sciamus devinci." (19) His itaque hujuscemodi sermonibus a Decano habitis, The Abbot's i- ¦ 7 -7 rejoinder. omnibus hoc justum fore atque his se favere acclamantibus, tandem, silentio imposito, Abbas hoc modo et hac ratione responsionem objectis subintuHt. — "Orationis vestrae, patres "dUectissimi, oppositam propositionem dulci sermone prolatam "in secreto cordis mei perpendens cubiH, magnificae libertatis "famosique nominis ecclesiae de . Bello occurrit exceUentia, "animumque per diversa nutantem nimium perturbat horum "imprudentia. Namque vobis, ut patribus et fratribus dulcis- "simis, affatu digno respondere paravi et omnimodis vestrae "satisfacere caritati Si de primo ejusdem loci Abbate "Gausberto nomine agere voluerit dUectio vestra, haud incognitum on these matters in moderate and approved speech ; and doubt not that in our humility we wiU extend a kindly favour, if you express yourself in agreeable terms, but that we will make a vigorous rejoinder to swelling and stUted language; though we know that the greatness of soul which is innate in men of your kind is not uplifted by any sweUing of pride but is rather to be overcome by the power of patience and reason." (19.) When therefore words of this kind had been spoken by the Dean, and aU those present shouted that his proposals were just and that they favoured them, at length, when sUence had been restored, the Abbot with these words and with this argument made answer to their proposals : — " Beloved fathers, when I weigh in the secret chamber of my heart the proposals which you have with such pleasant words advanced in your speech in opposition to my plea, the exceUence of the church of Battle, its glorious freedom and renowned name steals across my thoughts and the inadvertence of these remarks of yours alarms somewhat my mind which has been trembling in the balance of conflicting opinions. For I have made preparation to answer you in speech worthy of the occasion, as to very dear fathers and brothers, and to give satisfaction in every possible way to your love and esteem. ... If your grace had been willing to name in your discussion Gausbert, the first Abbot of this place, it is not unknown to us 4—2 52 Proofs and Illustrations Part n. "habemus eundem in eadem Ecclesia de Bello, auctoritate et "dignitate regia, simulque Lanfranci, Cantuariensis Archi- " episcopi, assensu, a Stigando hujus Ecclesiae tunc antistite, " benedictionem suam absque professione consecutum. Henricus "ejus substitutus et aHi successores ejus, praedecessores mei, si "quid contra libertatem et dignitatem ejusdem Ecclesiae, ac "justum foret, egisse probantur, nihU mea interest. Ego vero, "minimus omnium, nil contra jura et dignitates Ecclesiae nostra, "sed salvo jure ejusdem Ecclesiae et dignitate, omnia peregisse "me recolo. . . .Vinculo anathematis me constrictum a venerabili "Episcopo vestro asseritis. Hoc itaque nee per Episcopum "vestrum neque per ahquem ahum mihi hucusque insinuatum "esse probatur. Quod si hoc veritati innititur, miror prudentiam "tantae discretionis viri, miror etiam in hoc sententiam ejusdem "tarn praecipitem; cum nil contra praedictarumstatutaecclesias- "ticarum me egisse a quoquam probari possibUe sit."... Nullo igitur ex assistentibus rationem contra reddente, sed omnibus simul reclamantibus, Abbas orationem suam prosequitur — that this same man in the same Church of Battle, with the authority and sanction of the Crown, and, at the same time, with the assent of Lanfranc, Archbishop of Canterbury, did receive his blessing from Stigand, at that time Bishop of this Church, without making to him any profession of aUegiance. If Henry his immediate successor and aU his later successors, my own predecessors, are proved to have done anything contrary to the freedom and dignity of this Church (and proof ought to be offered), it has nothing to do with me. I, however, who am the least of them ail cannot remember having done anything contrary to the rights and dignities of our Church but rather that I have done everything to preserve the rights and honour of that Church You assert that I have been subjected to the bonds of excommunication by your reverend Bishop. There is no proof that this excommunication was made clearly known to me, until now, either by your Bishop or any other person. But if this is supported by truth, I marvel at the foresight of a man of such great discretion, also do I marvel that the decision of the same man should have been so precipitate in this matter, seeing that no one can possibly prove that I have done anything contrary to the statutes of the churches mentioned above."— When none of those present gave any reasonable answer to this, but aU protested at the top of their voices, the Abbot continued his speech—" You require that we should draw up a schedule, but it is not shown that this Proofs and Illustrations 53 "Scedulam quam nobis perscribendam exigitis, neque Domini Part n. "Papae Htteris hoc nobis designatum constat; nee ratio nobis "afiqua, ut perscribatur, occurrit: quia vero, ratione dictante Prays an " paceque dUectionis vestrae omnia concludi veUem, rogo quatenus mir.tl'untii "induciae nobis dentur, quo Dominum nostrum Regem, in trans- consult with ., . ,i , . . . the King. "marinis constitutum partibus, cujus capeUa dommica et signum "coronae regiae Ecclesia nostra esse dignoscitur, adire possimus; "ejus praeceptum super hoc audituri, simulque consiHo ipsius "episcopi Hilarii, cui dominus Papa, non vobis, ut debitam "exhibeamus obedientiam praecepit, uti Hceat ut omnia sano "consiHo compleantur; neque enim ea quae vobis et Ecclesiae "huic a nobis persolvi debentur pessumdari cupio, nee nostram "ex Hbera anciUam effici praeopto. Dominus etiam Rex, ne "super his absque ejusdem permissione quicquam ausu temerario "aggredi tentaremus, prohibere curavit." (20.) Omnibus igitur inducias dare abnuentibus, quibusdam His prayer for an ad- vero asserentibus Dominum Regem, quatenus Ecclesia de Bello joumment is . . . rejected by Cicestrensi Ecclesiae jus debitum persolveret ilHs audientibus the Court ; praecepisse, et idcirco inducias dari minime debere, res diutius was so written in the letter of the Lord Pope ; nor does any reason occur to us why it should be drawn up ; wherefore because I should like the whole matter to be concluded in accordance with the dictates of reason and with due deference to your love for us, I ask that an adjournment be granted us so that we can approach our Lord the King who is sojourning in foreign parts, and whose royal chapel and the token of the kingly crown our Church is clearly seen to be ; and then we shaU hear his command in this matter and at the same time the counsel of Bishop Hilary himself, to whom, and not to you, the Lord Pope gave instructions that we should shew due obedience ; so that everything may be settled in accordance with sound advice. For I do not wish that aU those duties which we are in duty bound to perform towards you and this Church should be brought to nought, nor especially do I wish that our Church should be made a bondmaid instead of a free Church. Our Lord the King has also given strict instructions that we should not attempt to take any rash steps in this matter without his permission." (20.) When therefore the whole meeting refused to grant an adjournment, some indeed asserting that the Lord the King had given orders in their hearmg that the Church of Battle should per form the right due to the Church of Chichester and that on that 54 Proofs and Illustrations Part ii. protracta fine potiri nequivit. Abbas vero, in hoc ut sibi inducias darent, quo Regem super Ulud conveniret perstitit; simulque commemorabat se de his absque consiHo et Hcentia fratrum suorum monachorum de Bello quicquam minime acturum fore. Dicebat enim se mortalem esse et moriturum, Ecclesiam vero de Bello, se defuncto, permansuram : ideoque absque ejusdem con siHo et Hcentia, se nil acturum, inducias dari fore necessarium. DHs autem multis modis contradicentibus, multisque sententiis hoc etiam dijudicantibus; Abbate in sententia induciarum dandarum persistente, Decanus silentio imposito Abbatem ita convenit — " Domine " — inquit — "Abbas, congregatio haec 'scedulam vobis propter ambiguitatem superius vobis indictam 'perscribi et in ecclesia hac in memoriam conservandam exigit; 'quo, omni deinceps ambiguitate detersa, huic sanctae ecclesiae 'quae jure a vestra fraternitate et a successoribus vestris 'debentur, impendantur. Xos itaque ecclesia sumus, Episcopo 'decedente permanebimus, et hac de causa hoc a vobis 'exigimus." and the Dean again requires him to execute the instrument account an adjournment should by no means be granted, the matter, though discussed at length, faded to come to any termination. The Abbot indeed persisted in his opinion that an adjournment should be granted, so that the King might be approached on the point; at the same time he assured them that he would do absolutely nothing in the matter without the advice and consent of his own brothers, the monks of Battle. For he said that he was mortal and would die, but that the Church of Battle would endure after his death ; where fore seeing that he would do nothing without the advice and consent of the monks, an adjournment must of necessity be granted. When, however, they raised aU sorts of objections and with a multitude of opinions sought to decide the matter, whUe the Abbot on the other hand persisted in his opinion that an adjournment should be granted, the Dean caUed for silence and thus addressed the Abbot :— " My Lord Abbot, this meeting decides that a schedule should be drawn up by you to avoid the equivocation previously mentioned to you and that it should be kept in this church as a memorial, so that all equivocation henceforth having been removed, aU those dues which your brotherhood and your successors rightly owe to this holy Church should be paid. We are the Church ; for when the Bishop dies, we shall remain, and for that reason we require this at your hands." Proofs and Illustrations 55 (21.) Abbate ergo renuente nee eisdem assentiente, cum diu Part n. persisterent nee quicquam proficerent, Decanus, Abbatem fixo in sententia sua persistere, gradu simul etiam in nU proficiendo, diem ex maxima expensum parte perspiciens, tandem, murmure sedato, his verbis conclusit — "Dominus" — inquit — "noster, Episcopus Thr^A^bm' "noster, pastor noster, pater noster Hilarius, persona Htteris et j^^!!™11 " moribus egregia, honesta, reHgiosa, nobis discipuHs suis, tan- f^°{orc "quam fifiis, hanc formam verborum mare transiens tradidit, hac Sr^coiSt. "forma instruxit, praemunivit, praecepit, quatenus vos, reverende SS!^' wai "Pater et Abbas, hac aggrederemur, circumveniremus, quo AbbJt'fcon- " nobis et Ecclesia? huic scedulam quam a vestra paternitate the'Bishop. "exighnus perscriberetis ; nos vero, ut tanti patris decet fifios, "praeceptis insistentes, hoc a vobis exigimus: quia igitur vestrae "non placet minervae ut nobis quod exigimus perficiatur, nos "hoc in medium reHnquimus, et Patri nostro omnia Htteris "nostris et nuntio renuntiabimus, expectantes super hoc ejus "rescriptionem." Hoc dicto, singulis dissono non absque strepitu murmure huic mussitantibus, excutiuntur sedibus, sicque soluta concione suis quique agendis operam accommodavere. (21.) When therefore the Abbot refused and would not agree with them, though they persisted, but faUed to make any headway, the Dean, seeing that the Abbot was determined to abide by his opinion by not advancing the matter one step towards completion and that the day was aheady far spent, when the murmur of voices had been quelled, spoke at length these words in conclusion : — " Our Lord, our Bishop, our pastor, our father Hilary, a man renowned for his learning and high moral character, honourable and pious, did give to us his disciples as to his sons, when he was about to cross the sea, this form of words and did in this form instruct, urge and command us to approach you with it, reverend Father and Abbot, and engage that you should write out for us and for this Church the schedule which we have demanded of you, my Father ; we indeed, as is fitting for sons of so great a father, relying on his commands, do make this demand of you. Because therefore your wisdom does not permit that what we demand should be performed, we wiU leave the matter adjourned and wfil report everything to our Father by our letter and by messenger, awaiting his decision thereon." When this had been spoken, they spring from their seats, some grumbling in murmurs of dissent at this, but not without outbursts of noise, and the meeting having broken up in this way, each went about his own business. 56 Proofs and Illustrations Part II. The Abbot, by Richard de Lucy his brother, transmits an account oftheproceedingsto the King. The King orders the Bishop to leave the Abbot in peace until his return to England, Henry II. returns to EnglandafterEaster ; lands at Southampton, and proceeds to London. The Abbot meets him at Richard de Lucy's castle of Ongar (see above, p. n); and the (22.) Abbas coram altare Sanctae Trinitatis ibidem, facta, oratione, et sanctae crucis munitus signaeulo, cum suis ad propria reversus est. Reputans igitur et in se Abbas recogitans, quod de his, nisi regaH determinatione, finis non haberetur, per nuntium omnia Ricardo de Luci fratri suo exposuit : Qui omnia, ut acce- perat, Regi intimare curavit . Rex vero, accito Episcopo, praecepit quatenus Abbatem de Bello, ut suum capeUanum, in pace ab omnibus quereHs esse permitteret, donee in AngHam redirent. Factum est autem. Post Pascha, citato gradu Rex ad mare properans, navemque ascendens, flante austro secundo, in portu Hantonice appuht; indeque versus Lundoniam iter arripuit; quod Abbas cum accepisset, paratis quae necessaria erant, eidem apud quoddam Castrum fratris sui Ricardi de Luci in Essexia situm, Angra nomine, occurrit; congratulantibus itaque ad invicem, quod Deo favente prospere Rex reversus extiterat; inter multam confabulationem Rex eidem praecepit Abbati quatenus die Pentecostes proximi apud Sanctum Edmundum, ubi tunc corona sua, regia msigniri debebat, ita praemunitus et instructus ns quae sibi forent necessaria veniret; ut quod sibi (22.) The Abbot having made a prayer before the altar of the Holy Trinity in that place and having been fortified with the sign of the holy cross, returned to his own home with his attendants. Thinking and pondering to himself that no conclusion could be reached in this matter except by the decision of the King, the Abbot sent a messenger to his brother Richard de Luci and set forth aU that had happened ; and Richard took care to teU ail that he heard to the King. The King therefore summoned the Bishop and ordered him to leave the Abbot of Battle in peace and free from all quarrels, seeing that he was his chaplain, untd they should return to England. And it was so done. After Easter the King hastened with aU speed to the sea and embarking on a ship sailed to the port of Southamp ton with a favouring south wind and thence hastened his journey to London. When news of this reached the Abbot, he made aU the necessary preparations and went to meet the King at a certain castle of his brother Richard de Luci, situated in Essex and caUed Ongar. After mutual congratulations had been tendered that God in his favour had granted the lung a safe return, in the course of a long conversation the King ordered the Abbot to come supplied and in structed in aU necessary details on the Whitsunday, then next, to Bury St Edmunds, where at that season he was to wear his royal crown, so that he might be able to prove by reasoned arguments Proofs and Illustrations 57 et ecclesiae suae justum foret, contra Episcopum Cicestrice, Part n. Hilarium, cui etiam ibidem super his tunc terminum prae- King gives fixerat, ratione dictante, dirationare praevaluisset. Hoc audito, Abbot to 777 t appear be- Abbas ad quoddam manenum suum, haud longe a praedicto fore him .7-7- • • -7 .7- -7 • St BUT7> 3t castro situm, secessit, Hou nomine, oppenens ibi diem sibi Whitsuntide x then next prasscriptum. (23.) Anno igitur ab incarnatione dominica mqlvii. anno "57, v ' B May 19. sciHcet tertio regni Henrici praedicti Regis junioris, . Henrici Henry n. magni ex fifia nepotis, mense secundo ex quo de transmarinis court or partibus, ubi anno praecedente transierat, idem Rex repatriavit, council et quo exercitum duxit in Walliam, die Pentecostes, quern tunc Edmund's,' die festi Sancti Dunstani anni revolutio in orbem celebrandum the Abbot reduxerat, idem memorandus Princeps, apud Sanctum Edmun- had been . . . t . ¦-, . specially dum, diademate insignitus regaH, multas ibidem convenientibus, summoned, 00 and a day Archiepiscopo sciHcet Cantuarice, Episcopis, Abbatibus, Comi- f™ to tibus, Baronibus et popuH multitudine, diem, ut decebat, festive $£%£'• transegit : inter hos igitur venerabUes etiam, ut praedictum est, JJjjjJg,^*, Hilarius Cicestrensis Episcopus et Walterus Abbas de Bello, t0 attend propter controversiam praedictam Hbertatum et cfignitatum what was justly due to himself and his Church against Hilary, the Bishop of Chichester, to whom he had appointed a day at the same time and at the same place to discuss this matter. On hearing this the Abbot retired to one of his manors, situated not far from the castle mentioned above, by name Hou, there to await the day which had been appointed for him. (23.) In the year 1157, therefore, from the birth of our Lord, that is to say in the third year of King Henry the younger mentioned above (this Henry being the grandson of Henry the Great since he was the son of his daughter), in the second month after the King had come back to his country from foreign parts, to which he had gone in the previous year, and in the same year in which he led an army into Wales, on Whitsunday, which the year in its cycle had caused to be celebrated on the day of the feast of St. Dunstan, this same Prince whose memory is worthy to be honoured, spent the day in high festival as was fitting at Bury St Edmunds, wearing his royal diadem in the midst of a great assembly comprising the Archbishop of Canterbury, the Bishops, Abbots, Earls, Barons and a multitude of other folk. Among these reverend persons, as we have mentioned above, Hilary, the Bishop of Chichester, and Walter, the Abbot of Battle, had been summoned definitely for that day and that place 58 Proofs and Illustrations Part n. Ecclesiarum suarum diu inter Ulos habitam sedandam, ab eodem magnifico Principe, dato eis ibidem die peremptorio, convocati busing, sunt; quia vero Rex, aHis ibidem occupatus negotiis, iUorum them™ causam tunc determinare nequivit, terminum eis apud Coleces- day at riam praefixit, quia iUuc a Sancto Edmundo recedens venturus Colchester, c ' . . ., . on Thursday erat. Die Joms proximo omnes ibidem, et etiam numero plures then next, 23 May. adveniunt. May 24. (24.) In crastino, die sciHcet Veneris, Abbas cum Ricardo caUshi"8 ^ Luci fratre suo, Regem adut; jussusque a Rege, in capitulum perst^s to monachorum ibidem Deo servientium, secessit, expectans ejus assisthim adventum. Rex vero, missa, audita, capitulum intravit, praeci- councu. piens ut nuUus nisi quem ipse vocaret ex nomine ingrederetur: accivit itaque Thomam CanceUarium, Comitem Legacestrim Rotbertum, Ricardum de Humez Tribunum, Ricardum de Luci, Warinum filium Geroldi, Kicholaum de SigiUo. Affuit cum eis •¦Ralph the quidam in arte medicinae peritus, Radulfus nomine; affuit et (see above, Henricus de Essexia Regis Tribunus, jam ante a Rege ad abbatem in capitulum missus. Supervenit etiam frater ejusdem Regis junior, Willelmus nomine, et cum aHis juxta Ulum resedit. His by the same iUustrious Prince, to settle the quarrel above mentioned, which had for a long time existed between them, touching the liberties and dignities of their respective Churches. But the King, who was busy with other matters at that place, was unable to judge their case at that time and fixed a day for them at Colchester, because he intended to go there when he departed from Bury St Edmunds. On the next Thursday they all came to that place and many more with them also. (24.) On the next day, that is the Friday, the Abbot had audience with the King accompanied by his brother Richard de Luci, and at the command of the King, he retired to the Chapter-house of the monks who serve God in that place there to await his arrival. The King then, after hearing mass entered the Chapter-house and gave orders that no one was to come in except those whom he himseH should caU by name. Accordingly he sent for Thomas, the ChanceUor, Earl Robert of Leicester, Richard de Humez, the Constable, Richard de Luci, Warin the son of Ceroid and Nicholas of the Seal. With these there was also present a certain man skiUed in the art of medicine, by name Ralph, and also Henry of Essex, the King's constable, who had already been sent by the King to the Abbot in the Chapter-house. There came also a younger brother of the King named William, who with the others sat down beside him. While therefore these were Proofs and Illustrations 59 itaque ibi cum domino Rege residentibus, Abbate etiam cum Part n. tribus monachis suis considente, Ricardus de Luci ita exorsus est — "Domine mi Rex, vestra summonuisse dignata est excel- Richard de "lentia, quatenus Abbas de Bello, frater meus, hue veniret; behai'fof "ut querela inter iUum et Cicestrensem Episcopum de dignitatibus his brother, "et libertatibus ecclesiarum suarum diu habita, coram vobis proffer of '• ..7.. .,, t*le Charters "fine potiretur. Adest Abbas cum cartis et prrvilegiis sms. ofthecon- Tunc jussit Rex Abbati cartas ecclesiae suae palam proferre : legit itaque Thomas CanceUarius cartam Regis Willelmi magni which are coram iUis; qua, perlecta, Rex in manus eandem accipiens atque the court by undique circumspiciens, magno extoUere dignatus est favore, ceiior, benedicens animae ilHus Regis incliti, qui affectu tarn magnifico Becket. ecclesiam Ulam a se constructam cHlexit, et earn tarn magnis inspects a them, and libertatibus et dignitatibus praemunivit. Iterum legit Cancel- orders them larius afiam ejusdem Regis Willelmi cartam super negotio j^p°t^teerd Abbatis proprio, quam simUiter Rex in manus accipiens atque "^^ of circumspiciens, jussit earn cum aHis diHgenter reponi et magna, w^mHen diligentia, custodiri. Contestabatur etiam quod si quandoque, Lwannd his Deo inspirante, abbatiam fundaret, nuUius nisi Bellensis ecclesiae sitting with the Lord King and the Abbot had taken his seat with his three monks, Richard de Luci thus began the opening speech : — " My Lord King, your exceUency has deigned to summon my brother, the Abbot of Battle, to come hither in order that the quarrel which has long continued between him and the Bishop of Chichester touching the liberties and dignities of their respective Churches, might in your presence be brought to a termination. The Abbot is present with his charters and his privileges." — Then the King ordered the Abbot to produce the charters of his church, and accordingly Thomas the ChanceUor read the charter of King William the Great in the presence of them aU. After the completion of the reading, the King took the charter into his hands and looking round at them aU, deigned to speak of it in terms of the highest praise and blessing the soul of that famous King, who had loved with such splendid affection the church that he had built and had endowed with such great liberties and dignities. Again the Chancellor read another charter of this same King William dealing with matters personal to the Abbot. This in like manner the King took into his own hands and looking round on them gave commands that it should be carefuUy placed with the others and guarded with the utmost diligence. He also called them solemnly to witness that if he at any time, through the Grace of God, should found an Abbey, that the Hberties and 60 Proofs and Illustrations Part ii. Hbertates et dignitates suae praescribi ecclesiae. AHorum etiam regum, Willelmi sciHcet regis junioris et Henrici regis, cartis et carta simul suo confirmata sigiUo inspectis, jussit simUi modo reponi et diligenti custodia servari. The Chan cellor de clares that the Abbot is bound to reply to the objectionstaken by the Bishop of Chichester, who alleges that he has made his profession in the Cathedral. The King takes a distinction respecting the effect of such professions. Richard de Lucy opens in favour of (25.) Tunc CanceUarius Abbatem intuens — "Domine"— inquit — "Abbas, Episcopus Cicestrensis ratione ut multis videtur 'contra vos utitur permaxima, obiciens vos in ecclesia Cicestrice 'professionem fecisse; quocirca vestrae dilectioni providendum ' est." — Abbas vero, sc nil contra dignitatem et Hbertatem ecclesiae suae egisse testatus est; Rex autem CanceUarium respiciens — 'Professio" — ait — "non est contra dignitates ecclesiarum; 'non 'enim qui professionem faciunt nisi quod debent promittunt." Ricardus de Luci haec audiens, iterum sic cepit — "Domine, 'celsitudo vestra Hbertates audivit et dignitates, a nobih rege ' Willelmo Ecclesiae suae, quam cognominavit de Bello, eo quod 'ibi Deus victoriam sibi de inimicis suis contuHt, traditas; quas 'etiam Ecclesia eadem, quae est capeUa vestra et signum regiae 'coronae vestrae, hucusque inviolabiH jure servavit. Magna dignities of no church save that of his church of Battle should be taken as a model. When the charters of the other kings also, namely William the Second and King Henry, and also his own charter which had been confirmed with his own seal, had been examined, he ordered them to be laid aside in Hke manner and kept under careful guard. (25.) Then the ChanceUor, looking at the Abbot, said :— " My Lord Abbot, the Bishop of Chichester, in the opinion of many men, shows great reason in the demands he makes against you, in urging that you did make your profession in the church of Chichester : wherefore you must give heed to your reply."— But the Abbot bore witness that he had done nothing contrary to the dignity and hberty of his church. Moreover the King, looking round at the ChanceUor, said : — " A profession is not contrary to the dignities of churches ; for those who make a profession, promise nothing except what they are in duty bound to perform."— On hearing this, Richard de Luci a second time began in these words : — " My Lord, your Highness has heard read the liberties and dignities which were granted by the noble King William to his Church, to which he has given the title of ' Battle,' because God in that spot granted him victory over his enemies. These liberties and dignities this same Church, which is your chapel and the token of your royal crown, has preserved till now Proofs and Illustrations 61 "itaque dignitate ecclesia ilia a vobis et a nobis omnibus Part n. "Normannis, dico, extoUenda est; quia ibi Ule nobUissimus the Abbey " Rex Willelmus, Dei gratia parentumque nostrorum adquisivit which, is "auxiHo, unde vos, Domine Rex, coronam regni Anglici hoc oughtTote "tempore jure hereditario possidetis; nosque omnes opulentia by the e " maxima ditati sumus. Rogamus igitur clementiam vestram by aii 7 . i. ... . Normans, "quatenus praedictam ecclesiam cum dignitatibus et Hbertatibus « the * x place where "suis vestrae auctoritatis dextera protegat, et earn omnino cum wm»m the x ° Conqueror "suis omnibus, sicut semper in antecessorum vestrorum fuisse ef™ed *e "temporibus dignoscitur, Hberam esse praecipiat: quod si vestrae ^hte"'ofthe "hoc non placet auctoritati, voce peto suppHci quatenus Abbatem, ^JJJH^ "fratrem meum sciHcet, a loco Ulo amoveatis; ne iUius tempore ¦V^"™1 "quae ecclesia praedicta antecessorum suorum tempore inviolabiH eSemeiy "jure visa est possedisse, lugeat se amisisse." His Comite enriched-" Rotberto Legacestrice atque etiam ut Rex eandem ecclesiam sicut %£?§ suam coronam et parentum eorumdem adquisitionem servaret, jdlowaon cum aHis conclamante, Rex affirmabat se nuUo modo his animum Sidefame suum praebere, quo praedicta ecclesia Hbertates et dignitates suas suis temporibus videretur perdidisse, sed cum episcopo locuturum with aU its rights inviolate. That Church, therefore, I say, ought to be spoken of in terms of the highest praise and honour by you and by aU of us, who are Normans, because there that most noble King William, by the grace of God and with the aid of our kinsmen, did acquire the means whereby you, my Lord King, today hold, by hereditary right, the crown of this kingdom of England, and whereby we are all endowed with considerable wealth. We beg your clemency there fore to protect with the right hand of your power this church and aU its dignities and Hberties, and command that it and aU that appertains to it, should be free as in the times of your predecessors it is acknow ledged to have been : and if it does not seem good to your authority to grant this boon, I pray you and supplicate you to remove my brother, the Abbot, from his post, that he might not have cause to mourn that he has lost during his term of office those privUeges which that church is seen to have possessed by inviolable right in the time of his predecessors." — When Earl Robert of Leicester and others with him joined in the cry that the King should guard this church as his own crown and the acquisition of their kinsmen, the King assured them that it was by no means his intention that the above-mentioned church should be seen to have lost its Hberties and dignities in their days, but that he would confer with the Bishop 62 Proofs and Illustrations Part ii. et omnia in pace dispositurum. Sic igitur surgens ad aha negotia sua tetendit perficienda. "57, (26.) Die itaque Mortis post Octavos Pentecostes, Rex mane Henry ii., capitulum monachorum intravit; comitantibus secum Archie- certSn 5 piscopis Teodbaldo Cantuariensi, Rogero Eboracensi ; Episcopis Barons and etiam Ricardo Lundonensi, Rotberto Exoniensi, Rotberto Lin- hoids his colniensi ; Abbatibus Silvestro ecclesiae Sancti Augustini Can- tuarice, Gausfrido Holmensi, Thoma CanceUario Regis; Comitibus etiam Rotberto Legacestrensi, Patricio Saresberiensi ; Baronibus etiam nonnulhs, Henrico de Essexia, Reginaldo de Warenna, Ricardo de Luci, Warino filio Geroldi, aliisque nonnuUis; populique insuper multitudine non modica. Assunt etiam et Episcopus in which Cicestrensis, Hilarius, Abbasque Bellensis Walterus. Ventilate cause igitur negotio ibidem, quod inter venerabUem Theodbaldum, between the Cantuarice Archiepiscopum, et Silve-strum, ecclesiae sancti Augustini of canter- qu8e sita est extra muros civitatis Cantuariae Abbatem, erat, bury and -1- Sestbbot °*e Pr°fessione sciHcet ejusdem Abbatis ecclesiae Christi Cantuarice hmfbeenes facienda, reticentibus omnibus Ricardus de Luci surgens et in discussed, medio stans, omnibus intenta aure audientibus, Regem hic verbis aUoquitur — "A magnifica exceUentiae vestrae gloria, domine mi and arrange everything peacefully. Whereupon he arose and pro ceeded to the transaction of other business. (26.) On the Tuesday therefore after the Whitsun octave, the King came to the monks' chapter-house in the morning, accompanied by Theobald of Canterbury and Roger of York, the Archbishops ; also by the Bishops, Richard of London , Robert of Exeter, and Robert of Lincoln ; by the Abbots, Silvester of the Church of St Augustine of Canterbury, Gausfrid of Holme and Thomas, the King's ChanceUor; by Earl Robert of Leicester, and Earl Patrick of Salisbury ; also by certain Barons — Henry of Essex, Reginald de Warenne, Richard de Luci and Warin son of Gerold and some others : besides these there was a considerable number of the commonalty. Both Hilary, Bishop of Chichester, and Walter Abbot of Battle were also present. When therefore the cause pending between Theobald, the reverend Archbishop of Canterbury and Siluester, the Abbot of the holy church of St Augustine, which was situated outside the walls of the city of Canterbury, had been discussed, to wit, concerning the profession which this same Abbot was required to make to the church of Christ of Canterbury —when everyone was sUent Richard de Luci arose and standing in the midst, while everyone hstened to him intently, addressed the King in these words : — " By the magnificent glory of your exceUency, my Proofs and Illustrations 63 "Rex, virtuti cujus fortuna conjuncta est, venerabiH fratri meo Part n. " Waltero rectori ecclesiae vestrae de Bello in hujus loci con- Richard "sistorio, contra reverendae auctoritatis Episcopum Cicestrensem, risumeshis "Hilarium, pro dignitatum et Hbertatum ecclesiarum suarum con- behaif o°n "troversia sedanda diu inter Ulos habita, hodierna lux adveniendi ofBattie, "constituta est. Jussis itaque vestris obtemperans in praesentia insisting "adest vestra, in omnibus, salvo honore vestro et jure ecclesiae " nobmty ¦• ... . . . . , . , . . of the vestrae sibi commissae, si qms eidem qmcquam obicere voluent Norman Abbey, "paratus satisfacere. Verum iUa ecclesia vestra de Bello, a "nobifissimo Rege Willelmo ob victoriam a Deo in eodem loco "de inimicis suis sibi prestitam a fundamentis edificata, magnis "est dignitatibus atque Hbertatibus praemunita, quas usque "hodie intemerato jure tenuisse comprobatur: magnificis igitur "a vobis, Domine rex, et a nobis omnibus Normannis scilicet, "ecclesia fila extoUenda est praeconns; quia ibidem inclitus Rex "iUe Willelmus, nutu Dei, consUioque et auxiHo parentum nos- "trorum, inimicos suos, regnum AngHee et coronam injuste ab "eodem auferre conantes, devicit; sibique et successoribus suis "regnum coronamque Angfiae adquisivit; ex cujus consanguini- "tatis propinquitate jure hereditario vos in ejusdem regni solio Lord King, to whose merit good fortune has been added, this day has been appointed for the appearance of my venerable brother, Walter, ruler of your church of Battle, in the consistory of this place, in op position to Hilary, of reverend authority Bishop of Chichester, to settle the controversy of long standing touching the dignities and liberties of their respective churches. Obedient therefore to your commands, he is here in your presence, ready to give satisfaction to any man who may have aught to bring forward against him in aU matters, saving your honour and the rights of your church entrusted to his care. Of a truth your church of Battle, which from its foundations was buUt by the most noble King William to celebrate the victory over his enemies vouchsafed to him by God at that place, is a church endowed with hberties and dignities of great worth, which up to to-day it is proved to have held with inviolate right. That church therefore ought to be extoUed by you, my Lord King, and by aU of us, to wit, us who are Normans, in words of the highest praise and commendation because in that place the renowned King William, with God's good wiU and with the counsel and aid of our own kinsmen, did overthrow his enemies who were unjustly trying to rob him of the realm and crown of England, and obtained for himself and his successors that throne and crown of this land. Wherefore it is in consideration 64 Proofs and Illustrations Part II. Richardde Lucy, speaking in the name oftheNorman nobility then assembled, urges the King to defend BattleAbbey against its adversaries, and par ticularlyagainst the wiles of the English. omnis regni populus nunc regnare congaudet, nosque ejusdem coUati beneficn dono et ex parentum nostrorum successione possessionum et divitiarum copiam possidemus. Quocirca, Domine, regum exceUentissime, omnis haec Normannorum nobiUum votis suppHcat intimis coadunatio, quatenus locum Ulum, ut vestri et nostri signum triumphi, in propria dignitate et Hbertate contra omnes sibi adversantes, et quammaxime adversus Anglorum insidias, vestra regalis protegat severitas; ut nuUus eidem nocendi pateat introitus. Siquidem vestrae placitum hoc non fuerit voluntati, jubeat fratrem meum, loci ilHus Abbatem, illis parcere locis, atque amici alterius futuri cedere loco. Satius enim est iUum. amisso pastoralis curae officio, privatum monachum et pauperem vitam Hbere transcurrisse, quam celsa, sede residentem, et quorumdam calhditate jugo indebito servitutis oppressum, Hbertates et dignitates praedictae ecclesiae, hactenus a praedecessoribus suis intemerate prade- cessorum vestrorum auctoritate conservatas, ut signa regiae coronae vestrae et adquisitionis suae, omnis Normannorum nobiHtas ejusdem temporibus lugeat se amisisse." of the nearness of your blood relationship to him, that the whole people of this realm rejoice that you, through .hereditary right, now reign upon the throne of this realm, and that we now possess abund ance of estates and riches, because he bestowed the gifts of his bounty and because we inherit them from our kinsmen. Wherefore my Lord, most exceUent of Kings, aU this assembly of Norman nobles doth supplicate you with prayers most sincere, that your royal sternness protect that locaUty, as being the sign of your triumph and ours, in aU the dignity and freedom which is due to it, against aU its adver saries, and especiaUy against the wiles of the English ; so that no man may enter in and do it harm. But if this be not pleasing to your wiU, let the King command that my brother, the Abbot of that place, retire from his post and give place to another that wiU be his friend in the future. For better were it that he shoidd lose the office of his pastoral cure and lead a free life as a simple monk and in poverty than that he should occupy a scat of honour and be loaded by the cunning of his enemies with a yoke of slavery which he did not deserve, while the whole Norman nobility should mourn that in his day they have lost the liberties and dignities of this church, which up till now, with the authority of your predecessors, have been preserved by their predecessors intact, as tokens of your royal crown and of its acquisition." Proofs and Illustrations 65 (27.) His dictis, eo residente, Abbas surrexit, atque his verbis Part li. locutus est — " Domine mi, sicut Ricardus, frater meus, hic patenti The Abbot "ratione ostendit, hue jussu vestro adveni. Si quis quicquam that the17' "contra nos vel contra dignitates et Hbertates Ecclesiae de BeUo charter may 7 ,. be read. "opponere voluerit, vestro consiHo, cujus ecclesia praedicta "dominica capeUa est et signum coronae vestrae regiae, objectis "respondebimus. Veruntamen dignum est ut cartae ecclesiae "Ufius a nobiH Rege Willelmo, in fundamento ipsius ecclesiae "conscriptae, et a successoribus suis et a vobis etiam confirmatae "in presentia, vestra et omnium hic vobiscum consistentium "primitus, si jubetis, audiantur." — Tunc idem Abbas tradidit cartam Regis Willelmi magni Domino Regi, jussusque ab eodem quidam ex clericis in auditu omnium perlegit. Qua l^tteT perlecta, Thomas, Regis CanceUarius, Episcopum Cicestrensem ^^r^e respiciens, dixit, — "Domine Episcope, audivit caritas vestra, ffig"* "quae hic coram Domino Rege, omnibus audientibus, acta °faeerkS).. "sunt. Nunc igitur, si quid contra haec vestrae placuerit pru- Becketftte "dentiae respondere, Hcitum est. Ad vos enim, ut nobis Sfo^the "videtur, respicit parabola haec." — Tunc Episcopus surgens ita uStthe , reply lies exorsus est. with him. (27.) When he sat down at the conclusion of his speech, the Abbot arose and spoke as foUows : — "My Lord, just as my brother Richard here has shewn in his clearly reasoned, speech, I have come hither at your command. If anyone would make any claim against us or against the dignities and hberties of the church of Battle, foUowing the counsel of yourself, whose royal chapel and the token of your crown this church is, we wiU make answer to those claims. It is, however, right that the charters of that church which were written at its founda tion by the noble King William and confirmed by his successors and by you, should be heard in your presence, and for the first time in the presence of aU those who are here assembled with you, should you so command." — Then the Abbot handed over the charter of King William the First to the Lord King and a clerk at his orders read it through in the hearing of aU. When it had been read through, Thomas, the King's ChanceUor, looking at the Bishop of Chichester, said : — " My Lord Bishop, your grace has heard what has been done here in the presence of the Lord King and in the hearing of aU. Now therefore, if it commends itself to your prudence to make any response, permission is given you. For it seems to us that the reply fies with you." — Then the Bishop arose and thus began : — p. vu. 5 66 Proofs and Illustrations Part II. Reply of the Bishop, in which he intimates a wish for an amicable com promise, which pro posal being objected to by the Court, the Bishop declares that he is ready to proceed. (28.) "Non studio sane, ut multorum moris esse dignoscitur, "per orbem vagandi, sed amore et honore vestri, Domine mi Rex, "hujuscemodi inscius oppositionis, in his regni vestri partibus, "cum aHis praesentibus conveni. Quocirca, si vobis et Abbati "ahisque hic vobis coram posit is dulci complaceret affectu, salvo "jure ecclesiae nostra.' Ciceslri'r et ecclesiae de Bello, pacis com- "positio inter me et praedictum Abbatem, vobis mediantibus, "fieri foret possibUe. Etenim hue tab ordine adveni. Quod si hoc "vestro non insedisse ammo cognoverim, ingruente necessitate, "pro me et pro ecclesia Cicestrice mihi commissa, ut hujusmodi " inpraemunitus oppositionis et ignarus, satisfaciam." — Renuen- tibus quibusdam pacis fieri compositionem ; dicentibus etiam rem illam diu inter illos habitam fine digno debere concludi nee in posterum prolongari, Episcopus, voce elevata, reticentibus omnibus, dixit, — "Quia pax compositionis inter nos, vobis impe- "dientibus, fieri non potest: ego quae ecclesiae meae Cicestrensis "juris sunt, et rem inter nos hactenus habitam. patenti ratione, (28.) " Not indeed from any desire of wandering about the world, as we know is the habit of many people, but out of love and honour of you, my Lord King, did I come with these other who are here present to these parts of your kingdom, utterly unconscious of any opposition such as this. Wherefore should it so seem good in aU kindly affection to you and to the Abbot and to those who are here sitting in your presence, an amicable compromise might be effected, through your mediation, between me and the Abbot, saving the right of our church of Chicluster and that of the church of Battle. Moreover with such a procedure in my mind did I come here. But if I should find that this is not the fixed resolve of your mind, under stress of circumstances, unprepared as I am for an opposition whioh I never expected, I wiU vindicate my own position and that of the church of Chichester entrusted to my charge."— But some members of the court refused to aUow an amicable compromise, aUeging that a matter which had been pending so long between the parties ought to be brought to a satisfactory conclusion and not to be adjourned any further. Whereupon the Bishop raising his voice amidst, the sUence of all, said : — " Since owing to your hindrance an amicable compromise between us cannot be reached, I wiU proceed to make known to my Lord King and to aU his court here assembled, with clear argument, what are the rights of my church of Chichester and the matter which has up till now been in Proofs and Illustrations 67 "Domino Regi omnibusque hic consistentibus pandam." — Hac Part n. igitur usus ratione hoc modo incepit. (29.) "Jesus Christus, Domine mi Rex," — et repetens, — Jh'nfhfsop "Jesus Christus Dominus noster," — tertioque reiterans, — wSchhe'' ^ "audite," inquit, "omnes, et inteUigite, — Jesus Christus Domi- |S|'^e! "nus noster binas mansiones potestatesque binas in hujus seculi ^a^o°fe> " dispositione constituit, unam sciHcet spiritualem, alteram mate- B?shopaorno "rialem. SpirituaHs Ula est, de qua Dominus Jesus Christus Ecclesiastic "in primo pastore nostro, Petro sciHcet Apostolo, omnibus deposed "discipuHs suis eorumque successoribus pronuntiavit, dicens, To'nuiSnd e '"Tu es Petrus, et super hanc petram edificabo ecclesiam meam'; nusslonof "unde, ut caritas vestra novit, ab ejusdem temporis novitate, see, ap "in ecclesia Dei mos inolevit, quatenus pastores ecclesiae sanctae, "ejusdem beati Apostolorum principis Petri vicarfi existentes, "Ecclesiae Dei sanctae digna gubernatione praesiderent. Hinc, "nobis ecclesiae Dei praesidentibus, in iUis beatis ApostoHs, a "domino Jesu Christo dictum est, 'Qui vos audit, me audit.' "Hinc etenim ecclesia Romana, ejusdem apostolorum principis "Apostolatu insignita, tantam tamque magnificam, per totius "mundi latitudinem obtinuit principatus dignitatem, ut nullus dispute between us."— FoUowing therefore this course, he began thus : — (29.) "My Lord King, Jesus Christ," — and repeating it "Jesus Chkist, our Lord," — and a third time repeating it he said — " Hear all of you and understand — Jesus Christ, Our Lord did institute in His arrangement of this life two mansions and two powers, one spiritual, the other temporal. The spiritual power is that which the Lord Jesus Christ proclaimed in the person of our first pastor, Peter the Apostle, to aU his disciples and their successors, saying : ' Thou art Peter and on this rock I wiU build i my church.' Wherefore, as your Grace knows, foUowing on the precedent of that occasion, the custom has grown in the church of God that the Pastors of Holy Church, being vicars of this same blessed Peter, the chief of the Apostles, should with fit governance preside over the Holy Church of God. Hence it has been said to us, who preside over the church of God, by Our Lord Jesus Christ in the persons of those blessed Apostles, ' He who hearkens to you, hearkens to me.' Hence it is that the church of Rome, having preeminence through the Apostolate of this same chief of the Apostles, has held throughout the length and breadth of the whole world such a great and magnificent dignity of rule that 5—2 68 Proofs and Illustrations Part n. "episcopus, nuUa persona ecclesiastica absque ejus judicio vel The King " permissione a sede ecclesiastica deponi possit." — Ad haec Rex SmrbyPf protensis manibus — "Verissimum est," — ait — "Episcopum non rnarkarthat "posse deponi, sed ita, manibus pulsus protensis, poterit expeili." could Arridentibus universis, Episcopus iterum sic ccepit. "Sicut jam b- expeiied " dixi iterum jam dico, hoc modo statum ecclesiae ab antiquis by force. ¦• l • 1 "temporibus constitutum ruisse. neque uih personae laicah, immo notidn' th' "etiam nee Regi cuiquam, ecclesiis quibusque dignitates vel interrup- "Hbertates ecclcsiasticas dare Hcet; vel ab nsdem attributas tion, pro- ' argue 'that "easdem, nisi ejusdem patris permissione vel confirmatione, ratas not'even8"' " f ore non posse jure romano, ecclesiastica probat auctoritas." a king, can ecSeria°sticai (30.) Tunc Rex ira commotus — " Contra dignitatum regalium ol-^bSty " auctoritates mihi a Deo concessas, calHditate arguta, niti prse- p0pe°s e "cogitas; unde tibi fide et sacramento mihi astricto praecipio, "quatenus de verbis presumptoriis. coronae et dignitati regiae with great "contrariis, aequitati rectitudinis subjaceas; praesentes vero, desire's him " Archiepiscopos sciHcet et Episcopos. ut de te justitiam mihi from this " rectitudinis impendant, salvo jure regiae coronae mihi a summa attack upon r JO the royal authority, no Bishop or any person belonging to the church can be deposed from his office without its adjudication or sanction." — On hearing this the King stretched out his hands and said : — " It is quite true that no Bishop can be deposed, but nevertheless he can be driven out at arm's length thus ! " — Amidst the laughter of the whole Court, the Bishop again thus begins : — " As I have already said, I say again, that this status of the church has so been settled from remotest times ; nor is any person of the laity, nay be he even a King, permitted to grant any ecclesiastical dignity or hberty to any churches whatsoever ; and the authority of the church declares that any such dignities if conferred by these persons on any churches without the permission and sanction of the church's father, cannot be considered binding by the law of the Church of Rome." (30.) Then the King, with great anger, spoke thus : — " You are contemplating with subtle cunning a struggle agamst the authority of the royal dignities granted to me by God ; wherefore I charge you, bound as you arc lo me by an oath of fealty, that, for these presumptuous words subversive of my crown and royal dignity, you submit, to the making of due amends ; and I beg those here present, that is the Archbishops and Bishops, to exact for me from you adequate amends, to the vindication of the right of the royal crown granted to me by the Most High. For you are evidently acting in a Proofs and Illustrations 69 "majestate concessae, obsecro. Agis enim, ut patet, contra Part n. "dignitates regales; atque Hbertates ab antiquitatis jure mihi "concessas a majestate regaH demere elaboras." — Murmure itaque in populo contra Episcopum concitato, vix sedari potuit. Tunc CanceUarius — "Haud dignum est a cordis vestri excidisse 2nd ° Thomas a "memoria, Pra3sul venerande, cujus exceUentiam3, thVotheT11 "[peccajtis enim in dominum nostrum Regem, cui fidei sacra- Se'couA0' "mentum vos fecisse nulH dubium est. Unde prudentiae vestrae j^^ng "providendum est." — Episcopus videns se ab omnibus, majestate approbation. regia, offensa, circumventum, tandem, murmure sedato, ora- tionem suam hoc modo prosequitur. — "Domine mi, si quid ex Bishop "ore meo, vestrae regaH intempestivum majestati constat fore explains -i-v • • i. 7 t • that he did prolatum, Domim caeli vestramque regalem testor dignitatem, not wish to "ml me contra vos vel contra vestrae dignitatis exceUentiam the King's ° authority. versuta caUiditate protuHsse. Ego enim vestram omnimodis "praeoptavi paternitatem, extuH exceUentiam, magnificavi digni- "tatem : vos, ut Dominum, praecordiaH affectu semper dilexi " carissimum. NihU igitur in me maH vestra rogo regalis celsitudo "suspicetur; neque hoc suggerenti cuiquam facUe credat. Nil manner derogatory to the dignity of a King and you are striving to de prive our royal majesty of liberties which have been granted to a King by immemorial right." — There then arose an angry murmuring against the Bishop, which could only be suppressed with the greatest difficulty. Then the ChanceUor spoke as foUows : — " It is far from seemly, that there should have escaped the memory of your heart, reverend Bishop, whose exceUence. . ., for [you sin against] our Lord King, to whom no one doubts that you have made the oath of aUegiance. Wherefore you must bethink you to act prudently." — The Bishop seeing that he was beset by all, because he had offended the King's majesty, after the clamour had subsided, pursued his speech in this manner :— " My Lord, if it is the general opinion that any words offensive to your royal majesty have faUen from my lips, I caU the Lord of Heaven and your royal self to witness, that I have uttered nothing in the spirit of wfiy cunning prejudicial to you and the exceUence of your dignity. For in every possible way have I sought for your fatherly love, extolled your exceUence and magnified your dignity. I have always loved you as my dear Lord with heartfelt affection. I therefore beg your royal highness to entertain no suspicion of evil intent on my part toward you, and that no one should be Hghtly befieved who makes such a suggestion. For I desire to diminish in no whit your a As blank in the MS. cration; 70 Proofs and Illustrations Part n. "enim a vestra potestate minui cupio, quam semper et dilexi "et pro viribus meis magnificavi; ad honorem igitur et decus "vestrae celsitudinis omnia protuli." ling'does (31-) Ad haec RfX — "Procul ^c honor," — inquit,— "atque histex-"pt "decus hoc a nobis et a nostris amoveantur, quibus ea, quae pianation. "antecessorum meorum regum auctoritate et hereditario jure, "Dei cooperante gratia, mihi concessa sunt, blandis atque falla- "cibus, ut omnibus patet, annullari cupis sermonibus." (32.) Tunc Episcopus — "Omnia, Domine mi, quae hic, vobis " audientibus, a me studiose probata sunt, pace vestra omniumque "hic ut proposueram consist entium, me rat us sum perorasse; "quia vero a me incepta non placent, omissis his, rem proposi- HUar'y states " tam paucis expediam. — A piissimo Rege Stephano, Ecclesiae Abbot" "Cicestrice Antistes datus Cantuariam profectus sum, a venerabili his™oiwe- "Teodbaldo, ejusdem loci Archiepiscopo, ut canonicum est, "sacrandus. Ibi affuit et Abbas de Bello, seiens hoc justum esse "et canonicum, ad sacrationem sciHcet sui Episcopi, in cujus "diocesi manere dignoscitur convenire. Fecit igitur quod debuit: power, which I have always loved and magnified as much as I possibly could ; aU my suggestions therefore have been made to the honour and glory of your highness." (31.) In reply to this the King said : — "' May this honour and glory be far removed from us and ours, with which, by your smooth and deceitful speeches, you desire, as is clear to any one of us, to bring to nought those privdeges which have been granted me by the authority of the Kings, my predecessors, and by hereditary right, through the help of God's grace." (32.) Then the Bishop replied : — " I thought, my Lord, that I, as was my intention, had uttered every word, pronounced by me here in your hearing with that purpose, to your satisfaction and that of those around me, but because my opening words find not favour in your eyes I wUl omit those arguments and in a few words wiU explain the matter imder discussion." — " After my appointment as Bishop of the Church of Chichester by the most pious King Stephen, I set out for Canterbury, to be consecrated, as is canonical, by the reverend Theobald, Archbishop of (hat place. There was present also the Abbot of Battle, knowing that it was just and canonical for him to be present at the consecration of his Bishop, in whose diocese he is admitted to abide. He did therefore his duty. But when I returned Proofs and Illustrations 71 "reversus vero ad sedem meam Cicestrice, ibidem Abbas idem Part ii. "convenit ; et cum afiis festive indu[c]tus in sede propria ab eodem, "sicut ubique consuetudinis habetur, sum coUocatus. Idem "etiam in Ulo eodemque anno summonitus Cicestriam petiit, "festiveque indu[c]tus in sinodo cum aliis praecepta consuetudines- " aue sinodi consedit auditurus. Haud longo postmodum tempore, when 7- ¦ . t-> 77 7 • TiS'ting his "ut canomcum est, parrochiam meam circumiens, Bellum devem, diocese, he *- was re- " atque ab eodem Abbate et omnibus fratribus loci ejusdem «*«*» m the "honorilice indu[c]tus, sicut loci UHus proprius et speciafis Episco- "pus, processionaHter receptus sum; inde cum eodem capitulum "intrans verbum Dei loci UHus fratribus, sicut filns, semrnavi1: "et, ut patrem decet, fiHos in fide cathoHca confirmavi. Hinc " ad hospicium deductus, honorifice ut decebat, sicut suo Episcopo, "quae necessaria erant impendit, atque inde recedentem muneribus "me suis decenter ditavit." (33.) His Henricus de Essexia, Regis Tribunus, respondit — g^ de "Bene voluntateque benigna ab Ulo acta, a vobis sinistra Sat™' "remuneratione sunt accepta; malum enim pro bonis vobis ^'|^a "coUatis nunc UH rependere vultis; atque utinam taH quisquam fo*t"eturnhospitality which had been shewn to my See at Chichester, the Abbot also came there, and I was inducted with others with due solemnity and placed in my own throne by him, as it is everywhere thought to be the proper custom. , Again in that same year he came at my summons to Chichester and being solemnly brought in took his seat with the others in the synod to hear the rides and practices of the synod. Not long afterwards, as I was making my circuit around my diocese, in accordance with the ordinance of the canon, I came to Battle and was received in procession and brought in with due honour by this Abbot and by aU the brothers of that place, as the proper and pecuhar Bishop of that place. Whereupon I entered the chapter-house with him and scattered the seed of the word of God to the brethren of that place, as to my sons, and, as a father should, I strengthened my sons in the Catholic faith. From thence I was conducted to the guest-room, and there, in seemly fashion, as for his Bishop, he bestowed on me aU that was necessary, and on my departure from the Abbey presented me with his gifts in a most fitting manner." (33.) To these words Henry of Essex, the King's Constable, made answer as foUows : — " The acts of kindness and goodwiU which he did you have been repaid by you with a graceless recompense ; for you wish to repay him evU for aU the good that he showered on you ; 72 Proofs and Illustrations Part II. The Bishop continues to state that the Abbot absented himself from the Synod, and sent his Prior and certainmonks in his stead, imputes the ill-will between him and the Abbot, to the wish which the latter had formed of beingtranslated to the See of London, in which the Abbot supposed he had been thwarted by the influence of Bishop Hilary.Henry de Essex and Richard de Lucyjustify the Abbot "remuneratione acceptus, vobis in posterum haud praebeat "hospitium." — Episcopus autem "Extunc, inquit, domine mi "carissime, nescio quo idem usus consiHo, a sinodo se subtraxit, "summonitusque ipse, venire renuens, Priorem Ecclesiae suse "cum quibusdam fratribus suis ad sinodum destinavit. Pro "amore illius nihil in hoc mali estimans, semel iterumque atque "tercio haec patiens, grato animo accepi; haec itaque omnia "inter nos, ut audistis, pacifice acta sunt; donee, Episcopo " Lundonice mortuo, nescio quo aut invidiam vel superbiae spiritu "idem inflatus, rectis ocuHs me intueri non poterat. Sperabat "enim me sibi fortuitu, ut credo, in Ulo nocuisse negotio quod "omnino probare non poterit." — Ad haec Henricus de Essexia— "Si de episcopatu Lundonice agere dUectio vestra voluerit, "profecto omnibus notum est, Abbatem istum UHus honoris "ambitione quicquam contra Deum vel sacrum ordinem ilium "simoniace aHquo tempore agere noluisse; quod si, ut nonnulli, "pecunia, mediante, in sede ilia coUocari affectaret, omnes pro "certo repulsam passi, intronizari prae omnibus meruisset."— His Ricardus de Luci subjunxit — "Absit hoc ab eo, ut intercessore may one who has been favoured wth such reward never again offer you hospitality." — Whereupon the Bishop said : — '" My beloved Lord, the Abbot, for some reason or other, absented himself from the synod, and, when summoned, refused to come, but sent the Prior of his Church and some of his monks to attend the synod. In consideration of my love for him, I thought, no evU of this, but put up with it once, twice and three times, and welcomed his substitutes with a feeling of joy. AU these matters then, as you hear, were conducted in a perfectly peaceful manner between us, until the Bishop of London died, when he, puffed up by some spirit of envy or pride, could no longer regard me with unprejudiced eyes. For, as it appears to me, he entertained the idea that I by chance had injured his prospects in that business, a thing which he will by no means be able to prove." To this Henry of Essex made the following reply :— " If your grace wishes to discuss the matter of the bishopric of London, it is, I assure you, weU known to all, that the Abbot in his aspirations after that office has never at, any time consented to perform any act of simony against God and that holy order, but if, like some, he had attempted to place himself on that throne by the help of money, his merits would have entitled him to the throne before any other, and all other candidates would certainly have been rebuffed." To these remarks Richard de Luci also added the foUowing :—" Be it far Proofs and Illustrations 73 "tab tam sacrum tamque magnificum ordinem adipiscatur : Part il. "nullum enim mortaHum nobis novimus in hoc opere fore "verendum." — Submurmurantibus nonnulHs, Episcopus spiritum resumens, orationem inceptam prosequitur. (34.) "Res igitur, Domine mi, extunc inter nos in dubio posita Bishop "est; nee quisquam nostrum ab opere incepto decUnare voluit. resumes. "Tunc quidam ad me venientes intimaverunt, Abbatem, hac de "causa, sinodum petere noluisse, quod cartis et privdegns suae "utens ecclesiae, earum extollebatur auctoritate, dicendo se "canonicam Cicestrice ecclesiae minime exhibere obedientiam "debere. Quod postquam accepi, nolens Ecclesiam meam ab He states x , A r , how he had "antiquis suis et justis, meis temporibus, minui dignitatibus, published "Abbatem cum quadam parochiae meae persona aHa, sinodum rn- r r > r munication "venientem interdixi: eo tamen tenore, quod si infra quadra- ^'"f tte "ginta dierum spatium satisfacturus non veniret, ab officio suo "suspensus cessaret. Verum persona alia, supplice voce, veniam "petens obtinuit, Abbate in sententia permanente. Quod Abbas " ut audivit, Regem Stephanum adiit, atque iUi super hoc questum from the Abbot to seek to obtain, such a sacred and lofty order by such an intermediary ; for we know that we have to fear no mortal man in this business." WhUe some murmured at this in low tones, the Bishop, having regained his breath, proceeded with the speech he had begun : — (34.) "The matter therefore, my Lord King, was thenceforth left in doubt, for neither of us was wining to retreat from his original position. At that time certain men came to me and told me that the Abbot had refused to attend the synod, because having the advantage of the charters and privdeges of his church he was so uplifted by their authority that he stated that he was by no means bound to show canonical obedience to the church of Chichester. And so when I heard this, not wishing that my Church should be deprived of its ancient and just dignities in my time, I summoned the Abbot to come to the synod at Chichester with a certain other person of my diocese, at a fixed time, and when he did not come, I placed him under interdict ; subject to these terms that if he did not come and make satisfaction within forty days' time, he would be suspended and deprived of his office. But the other person pleading and begging for pardon, obtained it, the Abbot meanwhUe remaining under the sentence. When the Abbot heard this, he approached King Stephen and preferred his complaint on this matter to him. The 74 Proofs and Illustrations Part II. that when he, the Bishop, appearedbefore King Stephen, the Abbot made de fault, where upon he returned home, and in due time pro nounced the sentence of excommuni cation, which he afterwards released at the instanceofthe Archbishop. Henry de Essex teUs the Bishop that he would not have ven tured to pronouncethe excom municationif King Stephen had then been living. 'intuHt: Rex vero quendam ex clericis suis, Rotbertum de 'Cornuuilla nomine, ad me misit, mandans quod die Octavarum 'Sancti Andrece, Lundonias coram eo venirem, et quod Abbas ' etiam ibidem convenire deberet ; atque ibi, consiHo Archiepiscopi ' Cantuariensis et Baronum suorum, pacis fcedus inter nos 'poneret. Die constitute, coram Rege affui; ibi itaque nee 'Abbas neque quisquam pro eo, ut tunc omnibus patuit, contra 'me advenit. Ita igitur ad propria reversus sum, Abbate in 'sententia permanente. Post iUius anni curriculum, in sinodo 'solemni, secundum canonum statuta, iUum excommunicavi, 'Abbas vero, hoc accepto, Archiepiscopo retuHt. Archiepiscopus 'autem, ipsius Abbatis precibus, Htteris suis mihi mandavit, 'quatenus sententiam relaxarem, donee in unum conveniremus; 'ipse enim inter nos omnia bene disponeret. Pro honore ipsius 'domini Archiepiscopi, sententiam ad tempus relaxavi." — Tunc Henricus de Essexia — "Rege Stephano defuncto, si hoc veritati 'innititur, vos id fecisse constans est, quo vivente nunquam 'ausu temerario vos probatur hoc praesumsisse. Non enim 'expediret vobis. Quid nunc Dominus noster facturus sit. suo King then sent to me one of his clerks, by name Robert of Cornevilk. ordering me to come and appear before him in London on the octave of St. Andrew, and that the Abbot should also come there ; and that when he had taken counsel of the Archbishop of Canterbury and of his Barons, he would there conclude a treaty of reconciliation between us. On the appointed day I appeared before the King, but neither the Abbot nor any representative of his appeared to confront me, as was then clearly known by aU. I therefore returned to my home, whUe the Abbot in the meantime remained under the sentence. After the lapse of that year, in accordance with the injunctions of the canon, I excommunicated him in solemn Synod ; whereupon the Abbot, on receipt of the news, reported the matter to the Archbishop. The Archbishop, indeed, moved thereto by the prayers of the Abbot, wrote me a letter and commanded me to release the sentence until a meeting could be held, and stated that he himself would satisfactorily arrange the whole matter between us. Out of respect for the dignity of the Lord Archbishop, I temporarily released the sentence." There upon Henry of Essex broke in :— " If this statement is founded on truth, it is certain that you have acted after the death of King Stephen as, it is clearly seen, you would never have presumed or dared, in aU temerity, to have acted in his lifetime. It would not have been profitable for you. What our Lord [the King] now intends to do, Proofs and Illustrations 75 "juri et potestati committitur." Ita Episcopus subintulit. Part ii. "Tunc res inter nos habita est, nee aHquo tempore Abbas ad The Bishop, " satisfactionem venisse comprobatur. Postquam dominus noster Noticing the "Jesus Christus, Domine Rex, vos Hi regni hujus soHo coUocavit, proceeds in ' his address "quod mihi prae omnibus gratissimum fore constat, Abbas nee to the "mihi, ut suo Episcopo, quae debebat exhibuit, nee meae ecclesiae, s*ati?g'oow "Cicestrensi sciHcet: immo etiam me, ubique vitando, spernebat, jjf^'j- " atque verbis turpissimis ubique pro posse suo diffamabat. Accidit >» "» ^ < * j. jr i contumacy; " autem quod idem cartas Ecclesiae suae in sigilH vestri renovatione "confirmari disponeret. Pervenit itaque ad aures meas in ejus- "dem cartis contra Ecclesiae meae Cicestrensis dignitates, et "etiam contra Cantuariensis Ecclesiae, matris videHcet totius "Anglice, afiqua contineri. Quod Archiepiscopo, sicut UH, cui Jjjf jj™j. "omnes nos professionem fecisse nulH dubium est, et cui etiam Canterbury "et Ecclesiae Cantuarice canonicam per omnia debemus obedi- {Jermewli " entiam, intimare curavi. Archiepiscopus vero vos inde convenit ; Battle "UJ*1 "ego etiam pro me, et pro ecclesia mea Cicestrice, querimoniam " coram vobis deposui. Praecepit igitur dementia vestra, quatenus depends entirely on his own right and power." Then the Bishop went on thus : — " Then this quarrel rose between us and it is a fact that the Abbot did not come at all to offer satisfaction. After Our Lord Jesus Christ had estabhshed you, my Lord King, on the throne of this kingdom, which is weU known to have been a matter of great joy to me more than to aU others, the Abbot did not perform the duty, which he owed to me as his Bishop or to my church, namely that of Chichester ; nay rather did he treat me with disdain, by avoiding me on every possible occasion and speaking ill of me wheresoever he could with words of the grossest abuse. It happened, however, that he was making arrangements that his charters should be confirmed and renewed by the impression of your seal. It reached my ears therefore that his charters contained some things which were prejudicial to the dignity of my Church of Chichester and prejudicial even to the Church of Canterbury, that is the mother-church of the whole of England. This I took care to bring to the knowledge of the Archbishop, seeing that it is to him that we aU have made our profession, as no one can possibly doubt, and that it is to him and to the Church of Canterbury that we owe canonical obedience in aU things. Whereupon the Archbishop convened a meeting of you aU ; and I, on my own behalf and on behalf of my church of Chichester, laid my complaint before you. In your clemency you did therefore command that I and the Abbot, together 76 Proofs and Illustrations Part II. and that all matters contained in the Charters, contrary to the privi leges of the Churches of Canterbury and Chichester, had been declared to be void. coram Episcopo, ego et Abbas, cum CanceUario vestro domino Thoma, conveniremus; ibique lecta Abbatis carta, consilio Archiepiscopi, ea qua? corrigenda erant, ea sciHcet quae contra dignitates praedictarum ecclesiarum, Cantuarice sciHcet et Cicestrice, existebant correcta, unusquisque quae sui juris esse viderentur adquisisse gauderet. Convenimus ibi. Lecta igitur coram assistentibus carta, Abbatis, ea qua? contra dignitates Cantuariensis Ecclesia- et Cicestrensis erant, justa consideratione, peremptoria esse praecepta sunt. Abbas, ira commotus, multis me ibidem et maximis aggressus est injuriis ; nee solum duntaxat tunc, set anno etiam praesenti, Cicestriam veniens, capitulum nostrum cum nimia arrogantia intravit; atque multis et innumerabibbus modis in praesentia Conventus mei, minando atque spernendo me dijudicavit. Hac itaque ratione et hoc modo, Domine mi carissime, re rum series inter nos hactenus habita est. Peto igitur exceUentiam vestrarn, quatenus anti- quam et justam canonum institutionem inter nos ratam per omnia esse, atque haec more ecclesiastico determinare pra> cipiat." with your ChanceUor, the Lord Thomas, should come before the Bishop [probably an error for the Archbishop] and that when the charter of the Abbot had been read out, and according to the counsel of the Archbishop, those matters which needed amendment (that is, those which were prejudicial to the dignity of the churches mentioned previously, namely Canterbury and Chichester) had been amended, both of us should have cause to rejoice that we had obtained what were seen to be our rights. We met at the place appointed. When therefore the Charter of the Abbot had been read out to all those at the meeting, those matters which were prejudicial to the dignities of the churches of Canterbury and Chichester were declared after just deliberation to be nuU and void. The Abbot, in great anger, did there attack me with much grievous abuse ; not merely then, but also in this present year he came to Chichester and entered our chapter-house with exceeding arrogance, and in many ways, too numerous to mention, he censured me with threats and scorn in the presence of my chapter. And so in this way and in this manner, my beloved Lord, have things gone on between us until now. I therefore beg your exceUency to command that the ancient and just institution of the canon be ratified between us in all its details and that this quarrel be adjudicated in accordance with the custom of the church." Proofs and Illustrations 11 (35.) Tunc Rex— "Mirum et mirandum nimium hic audi- Part n. 'vimus; cartas sciHcet praedecessorum meorum Regum, justa The King, 'dignitate coronae Angliae et magnorum virorum testimonio mth great ' confirmatas, a vobis, Domine Episcope, peremptorias esse deniStte"' 'judicatas. Absit hoc, absit a Regni mei exceUentia, ut quod, assumed 'ratione dictante, consiHoque Archiepiscoporum et Episcoporum ecclesiastics A » . . 0I annulling 'atque Baronum meorum, a me merit decretum, a vobis et an>eRoyai * Charters, 'vestri simUibus damnandum esse judicetur." — Tunc Abbas — "that J the decrees 'Ab antiquis temporibus, regnante Willelmo Rege nobUissimo, ^dK^y ' omnia haec, ut a senioribus Ecclesiae nostras accepimus, coram ™^^f his 'eodem Domino nostro Rege, Lonfronco Cantuariensi Archi- KshoosIlops' 'episcopo et aHis quampluribus Episcopis praesentibus, Stigando ™*]fl™™ 'etiam tunc Cicestrice Episcopo, in presentia ejusdem Regis {^Bishop7 ' consistente, qui Gausbertum ecclesiae de Bello Abbatem primum Lifs^frituai 'super his infestabat, summonendo Ulum ut sinodum apud capaatyJ- 'Cicestriam peteret et aHa omnia EpiscopaHa persolveret, deter- ^y— hf' s 'minata sunt. Unde et cartam ipsius domini Regis super hoc states that 'negotio propriam, Lanfranci Cantuarice Archiepiscopi et aHo- of 'exemption 'rum nonnuUorum episcoporum, sed et etiam ipsius Stigandi d&puted"1betweenStigand and Gausbert, the Charter (35.) Then the King said :— " We have in this place listened to J^™!1" a strange and exceedingly wonderful statement, that the charters g"dr^en of the Kings, my predecessors, which have been confirmed by f™^ ^e the rightful dignity of the crown of England and by the witness £"e™Ae/b"y°£ of magnates, have been declared void by you, my Lord Bishop. Be it far, be it far from the exceUence of my kingdom, that what has been decreed by me after due deliberation and after having taken the counsel of my Archbishops, Bishops and Barons, should be adjudged worthy of condemnation by you and by men such as you." — Then the Abbot spoke thus : — " Long ago, when the most noble King William was on the throne, aU these matters were decided, so we have heard from the older members of our Church, in the presence of the same Lord King, Lanfranc, Archbishop of Canterbury and several other Bishops, when Stigand also, then Bishop of Chichester, stood in the presence of this same King who was attacking Gausbert, the first Abbot of the church of Battle, by summoning him to attend the Synod at Chichester and perform aU the duties he owed to the Bishop. Wherefore I have here present the charter of the Lord King himself relating to this matter, confirmed by the attestation of Lanfranc, Archbishop of Canterbury and several other Bishops and also by the attestation of Stigand, the Bishop of Chichester, himseh." — With these words he handed the charter to the King, 78 Proofs and Illustrations Part n. "Cicestrioe episcopi testimonio a confirmatam praesentem habe- charter, "mus." — Haec dicens, tradidit cartam Regi, atque earn unus ex th? clause8 clericis ejus nutu, omnibus audientibus, perlegit. Haec itaque tion, pro- inter alia, in Ula continebantur carta, "Quod ecclesia," scilicet read by de Bello, "libera sit omnino a subjectione Cicestrensis Episcopi, one of the . . r r ' cierks. "neque ad sinodum Abbas summoneatur ; nisi ipse pro aliqua "re sponte ire voluerit." The Bishop protests that he had never been able to obtain a sight of this Charter. The Abbot attempts to answer ; but the King silencesboth. Declares that the determina tion of the questionbelongs entirely to him. (36.) His perlectis, Episcopus se cartam Ulam nunquam vidisse vel audisse affirmabat, neque Abbatem sibi aHquo pacto earn pandere voluisse; Abbate nonnuUa contra obiciente, Rex eidem ut taceret praecepit. — "Xon enim"- — inquit, — "hoc amodo "vestrae dirationandum incumbit prudentiae, sed me, uti pro- "prium atque Regale, tueri decet negotium; quapropter vestra "interim sdeat fraternitas, nobis hoc evidenti ratione, atque "regaH protectione uti proprium determinantibus. Ad nos itaque "hujusmodi spectat negotii diffinitio." Multis igitur super his hinc inde habitis, tandem sUentio imposito, Ricardus de Luci surgens, Regem voce suppHce exoravit, quatenus Abbati de Bello, fratri suo, super his respondendi consilium cum amicis and one of the clerks, at a nod from him, read it out in the hearing of aU. Among other clauses, the foUowing was contained in that charter : — " That the church (that is the church of Battle) be entirely free from aU subjection to the Bishop of Chichester and that the Abbot be not summoned to synod, unless he for some reason wishes to go of his own free wiU." (36.) When this had been read through, the Bishop protested that he had never seen or heard of this charter and that the Abbot had never wished to show it to bim on any consideration. When the Abbot was for making some reply to this, the King ordered him to be sUent: "For," he said, "henceforth it does not rest with your prudence to vindicate your claim but it becomes me to see to the business as personal and regal. Wherefore in the meantime do you remain sfient and leave this matter as our own for us to settle by obvious right and in virtue of our royal protection. The settlement of a business of this sort is our affair." When therefore many other opinions, on this side and on that, had been offered, sUence was at length restored and Richard de Luci arose and begged the King to allow the Abbot of Battle, his brother, the privilege » No Charter confirmed by Stigand is extant : the second Charter relating to the exemption of Battle is addressed to him— (Monasticon, III. 245). Proofs and Illustrations 79 suis secretius habere liceret. Rege his annuente, advocans Part n. Rogerum Eboraci Archiepiscopum, Thomam CanceUarium Regis, Johannem Thesaurarium Eboracensis ecclesiae, Rotbertum Comitem Richard de Legacestrice, Patricium Comitem Sarisburice, Henricum de Essexia, thUa?thegs Raqinaldum de Warenna, Warinum iilium Geroldi, et aHorum brother may ,, -r> -t 7 • t 7. beallowed nonnuUorum Baronum et muitum multitudinem non modicam, *° take counsel cum fratre suo Abbate, omnibus his sibi coherentibus, in unam "Ith his friends, capituli partem secessit, atque super his eorum sententiam per- quirere cepit. Rex, missam interim auditurus, Ecclesiam adut, w^e^s iterumque post missam ibidem rediens in sede sua resedit : to him- Ricardus de Luci cum Abbate et omnibus sibi junctis, consiHo communicato, redut, impositoque responsionis sermone Thomce CanceUarii Regis, omnibus audientibus, facunda oratione, hoc modo idem responsum reddidit heros. (37.) "Diu, Pater reverende Hilari, questionis a vestra Thomaf a " prudential habitae seriem retexentes, certa aequitatis ratione, which he" " certis etiam procerum praesentium suffragfis, nonnulla referre thfvViun- "decrevimus. Inprimis igitur venerabUis Abbas Gauterius grates 0fMs^ectns "vestrae prudentiae quam maximas refert, quod pro beneficHs mission," of taking counsel with his friends in greater privacy touching the reply he should make. When the King gave his assent, calling to him Roger, Archbishop of York, Thomas, the King's ChanceUor, John, the Treasurer of the Church of York, Robert, Earl of Leicester, Patrick, Earl of Salisbury, Henry of Essex, Reginald of Warenne, Warin the son of Gerold, and a considerable number of other Barons and Knights, together with his brother the Abbot whose adherents they all were, he retired with them to a separate part of the chapter-house and began to find out their opinion on this matter. MeanwhUe the King went to the Church to hear mass and returning after mass to the same place sat in his own seat again. Richard de Luci returned with the Abbot and all his friends with whom he had taken counsel, and when the speech in reply had been delegated to Thomas the King's ChanceUor, that champion repUed thus in the hearing of all in an eloquent oration : — (37.) " Long since, Father Hilary, after a review of the whole course of the action instituted by your prudence, I decided to make some remarks based on the sure ground of equity and fortified by a decided agreement in opinion with the magnates here present. First of aU, therefore, the venerable Abbot Walter returns his best thanks to your prudence, because in return for the benefits which 80 Proofs and Illustrations Part n. "vobis ab eodem coUatis Ulum in tanta, tamque ut hic nunc shewn by " constat, curia magnifica, praesentibus etiam tantis tamque viris did not0' "nobiHbus, magnifica laude extolHtis. Quod si iUis temporibus the rights "in tanta tamque curia excellenti sibi hoc tam maxime laudis the charter. "extoUentis imputandum speraret, profecto ut fatetur beneficium " amplificaret. Verum inde quam maximo dolore conficitur, "quod pro beneficio ab eo, benigna animi devotione vobis "collato, ut omnibus hic praesentibus patens est vice versa "veneficia iUi omni mentis annisu rependere satagitis: nunc "igitur contra sibi objecta hoc modo responsum refert. Si "Cantuariam petens, in sacratione vestra praesens extitisse, et "post apud Cicestriam, vobis obvius in sede vestra solemniter "vos collocasse, nee non et in sinodo vestra resedisse cum ceteris "comprobatur; dignitate et Hbertate ecclesiae sua? de Bello, teste "etiam carta sua hic perlecta, utrumHbet sibi aut fecisse licet "horum vel minime egisse; neque enim vinculo afiquo a vobis "ut haec rigore ecclesiastico persolvere debeat constrictus est. "Quippe cum vestrae non subjaceat ditioni, immo, teste carta he has conferred on you, you magnify him with such great dis tinction in such a great and magnificent court as we now see here and in the presence of such great and noble men. For had he entertained the hope in former days that such a meed of exalta tion and praise was to be bestowed on bim in such a magnificent and so exceUent a Court as this, he surely confesses that he would have doubled the amount of those kindnesses. But in the next place, he is overwhelmed with the profoundest grief, because, in return for the benefit conferred by him on you in aU kindness and devotion, as is evident to all here present, you are reversing the situation and are striving with aU the power of your mind to repay him with poisonous fare : this therefore is the answer which he now makes to the allega tions you have brought against him. If he is proved to have gone to Canterbury, and to have been present at your consecration and afterwards, at Chichester, to have met you and placed you with all due solemnity on your throne and also in your synod to have taken his seat with the others, he had every right to do. or not to do at all, any of these things just as he pleased, because of the dignity and hberty of his church of Baltic, as the charter which has been read aloud in this place bears witness ; nor was he constrained by you by any bond that he had to perform these duties under ecclesiastical pressure. Since therefore he is certainly not subject to your jurisdiction, nay rather, is entirely free from all subjection to you on the evidence of the Proofs and Illustrations 81 "sua praedicta, Hber est omnino ab omni subjectione vestra, Part ii. " Archiepiscopum etiam, dominum nostrum Cantuariensem sciHcet, "contestatur hoc se ipso praecipiente perfecisse." (38.) Ad haec Archiepiscopus — " Verum est, Ulum me "praecipiente haec effectui mancipasse." "Quod parrochiam Th°mas "vestram" — CanceUarius inquit — "ut consuetudinis habetur, ChanceUor, " circumiens Bellum petistis, atque a fratribus loci UHus, Abbate j£|ur^_' that "praesente, processionaHter susceptus extitistis, indeque capitu- gjjj'gj^"1 "lum iUorum intrans, verbum Dei iUis seminastis, omnibus ultra ™\™l?7 "citraque mare existentibus Ecclesiis consuetudinarium esse jS^"7' "dignoscitur: Episcopo Hibemiensi vel etiam Hispalensi vel b^lhewn "cuihbet aHi hunc dignitatis et caritatis honorem, absque ulla Prelate?18" " consuetudinis exactione gratis impendere licitum foret. De on behaif of ,, . & » 1 7 ¦ . the Abbot' episcopatu vero Lundonice, hoc vestrae Abbas mtimare procurat he disclaims x L x all ill-will "prudentiae, quod nee vultu, neque actu, nee etiam nutu aHquo ""ing out "vobis quicquam pro iUo eodemque episcopatu, Lundonice sciHcet, JJgg0^1 "significationis contrariae ingessit; quippe cum in UHus dispo-°^™the "sitione negotH, nil contra se a vobis maU suspicatus fuerit. Loaioa- "Sed, ut quodam in loco dictum est, conscius ipse sibi omnia charter I mentioned before. He also caUs the Archbishop, to wit, our lord of Canterbury, to witness that he performed these acts at his command." (38.) To this the Archbishop added : — "It is true that he performed these acts at my command." Then the ChanceUor said : — " Because you, when going the rounds of your see, as is the usual practice, did come to Battle and there were received by the brothers of that place in procession, with the Abbot also present, and did thereupon enter their chapter-house and did scatter the seed of the word of God among them, it is well known to aU that this is the custom practised in the case of aU churches which exist both in this country and beyond the sea. This honour of dignity and love it would be right to pay to any Bishop of Ireland or of Spain, or any other Bishop whatsoever, out of kindness, without any constraint of custom. Now, as regards the Bishopric of London, the Abbot is anxious that your prudence be assured that he has never charged you with any semblance of opposition either by look or act or even nod, in respect to that same Bishopric of London, and naturaUy not, seeing that he entertained no suspicion of evU intent on your part towards himseH in the settlement of that business. But as has been said in another place, the man with a guUty conscience thinks that every thing is p.vn. 6 82 Proofs and Illustrations Part II. As to the proceedingsbefore King Stephen, he asserts that they were mis-statedby the Bishop, and that the Abbot appearedbefore the Kins- obtained a declaration in his favour — and re turned home by the King's command — Le. not in defaultAny attendanceat the Synod of Chichesterwasvoluntary. 'putat contraria sibi; pro re quidem a vobis gesta, remordente 'fortuitu conscientia, Ulum simpUci vultu gradientem nunquam 'recto vos lumine sperabatis intueri potuisse. Quod ilium 'sinodum apud Cicestriam petere summonitum nee venientem 'interdictum a vobis insinuastis; et ob hanc causam Regem ' Stephanum per Rotbertum de Cornuuilla, clericum suum, vobis 'coram Ulo haec determinanda diem praefixisse; vosque ibidem 'nuUo ex parte Abbatis vobis obvio convenisse, sicque inde 'recessisse, Abbas e contrario refert, se scUicet coram Rege ' Stephano, die statuta, praesentibus Episcopis, Wintoniensi 'sciHcet et Heliensi, necnon et Abbate Westmonasterii et etiam 'Baronibus nonnuUis, in capeUa ejusdem Regis, juxta Turrem 'Lundonice sitam, convenisse: atque ibi a venerabiH Wintoniensi 'Episcopo, cartis et scriptis suae Ecclesiae perlectis, Rege sibi 'suggerente, se capeUae suae, Abbatiae sciHcet de Bello, ubique 'protectorem fore, vosque super hoc convenire, atque omnia inter 'vos pacificare, ad propria, ipso praecipiente, reversus est. Ad 'sinodum vero, summonitione aHqua, nisi spontaneae [voluntatis] against him ; you, indeed, never expected that he, though he walked in simplicity of countenance, would have been able to regard you with a favourable eye, because of what you had done — -a thought prompted perhaps by the prickings of conscience. As regards the statement which you have made, saying that you had interdicted bim after his faUure to appear at the synod at Chichester when summoned by you, and that for that reason King Stephen, by means of Robert of Cornirilk, one of his clerks, had appointed a day for you on which this dispute was to be settled in his presence and that you attended, while no one representing the Abbot came to meet you, and so you withdrew; the Abbot on the other hand states that he came on the appointed day to the presence of King Stephen to the chapel of this same King, situated near the Tower of London , and that there were present the Bishops of Winchester and Ely as well as the Abbot of Westminster and some Barons. And when the charters and writings of the Church of Battle had been read out by the reverend Bishop of Winchester and when the King suggested that he would everywhere be the protector of his own Abbey of Battle, and that you and the Abbot should meet and discuss the case and bring to a peacefid issue all matters in which you were in disagreement, at his orders the Abbot returned home. Nor indeed can he be compelled to attend any synod upon any summons unless he should wish to go of his own free wiU, as the charter, which has been read out, testifies and as the custom, which has hitherto been Proofs and Illustrations 83 "ire voluerit, teste carta sua hic perlecta, et more antiquitatis in Part n. "ecclesia sua, hactenus conservato, compelH non poterit; unde, 'ut verum fatear, ire ad sinodum vel non ire, ejusdem juris et "spontaneae voluntatis esse comprobatur: quippe cum vestrae, "ut omnibus patet, non subjaceat ditioni, sed Hber omnino ab "universa vestra existat subjectione. Ilium a vobis excommu- ^d ™* "nicatum perhibetis. Hoc UH omnibusque suis mirandum ^un^^ "videtur, quia tempore Regis Stephani, nil hujusmodi super «ielocrhan" "Ulum presumptione temeraria vos constat egisse: quid igitur f/fjj" as "hujus nunc domini nostri Regis tempore a vobis actum sit thf^dt, "incognitum habet; praesertim cum primo regni sui anno, ipso ?haTo"ngthe "Domino nostro Rege in ecclesia Sancti Petri Westmonasteriensi, whenthe "vobis utrisque cum aHis multis praesentibus, missam audiente, fhfialor "ubi ventum est ad pax Domini, vos, ut moris habetur, pace a theaAbbot "sacerdote accepta, Domino Regi attuHstis, atque Abbati vobis treat hirn "statu propinquiori juncto postmodum ejusdem pacis osculum, excom- "non ut excommunicato, sed ut fiHo ecclesiae et Christiano but as a "tribuistis." — Ad haec Episcopus — "Si in hoc, aut animo inscienti . , . Upon which "vel nonnuUis, ut multotiens provemt, cogitationibus occupatum, «« Bish°p "temerarie constat me deHquisse, mea culpa, peccatum meum ""*" that but without consider ation. observed from olden times in his Church, sanctions ; wherefore, to speak the truth, it is conclusive that his attendance or non-attendance at the synod is a matter of his own right and his own free wUl, seeing that it is clear to aU of us that he is not subject to your juris diction but is entirely free from all subjection to you in every respect. You state that he was excommunicated by you. This seems strange to himself and all his friends, because, in the time of King Stephen, you certainly did not do anything rash and presumptuous against him of this sort. What has been done by you in this matter in the time of our present Lord King, he knows not, especiaUy since in the first year of his reign, when this our Lord King was hearing mass in the church of St. Peter at Westminster, whUe you both, and many others with you, were present, when the Pax domini was reached, you, as is the usual custom, having received the pax from the priest, did pass it to the Lord King and did afterwards bestow on the Abbot, as next to you in rank, that same kiss of peace, not as to a man excommunicated, but as to a son of the church and a Christian." Whereupon the Bishop said :— " If it is clear either through lack of consideration or because my mind was occupied with other thoughts, as often happens, that I in this matter have thoughtlessly gone astray, I acknowledge my fault 6—2 84 Proofs and Illustrations Part n. "Domino meo Archiepiscopo confessus, penitentia mihi ab eodem "injuncta debctum illud diluam." Thomas (39.) " ln cartis Ecclesiae suae de Bello," — Cancellarius a Becket x ' discourse1119 in(Put' — "quae capeUa regis propria omnibus esse patens est, ttatttie"" "contra Contuariensis ecclesiae vel etiam vestrae, Cicestrensis doanot" "sciHcet, dignitates, nil novi insitum, omnibus quam maxime dignity' the " praeclarissimum est. Ab incHto enim Rege Willelmo eadem thehArch- "ecclesia constructa, maximis et praeclaris dignitatibus, Lanfranco canterbury' " Cantuariensi Archiepiscopo, aHisque Episcopis, Abbatibus see°of ' " Baronibusque nonnuUis, juxta coronae Anglice dignitatem, cum they having "Rege suo confirmantibus, ecclesia praedicta confirmata est. firmed by* " Quas etiam usque hodie inviolabili jure tenuisse comprobatur, the King, ,, . - . . 7-, . .. . his Prelates, quas etiam praecepto domini Regis, coram domino nostro Archi- and Barons; ... ,, . . ... . . episcopo Cantuariensi non vobis pessima mgerendo sed ratione "vigenti, easdem a vobis peremptorias judicatas defendendo, ut ^conduct "regales> n°bis audientibus, retinere cupiebat. In capitulo vestro whenecited0" " Cicestrensi eundem hoc anno, absentibus vobis. superbe intrasse, befSetee "et vos multis modis ibidem dijudicasse opponitis ; quod evidenti chapter; "ratione, non superbe, ut asseritis, sed coactus et pacifice se hoc and after I have made confession of my sin to my Lord Arch bishop, I wiU expiate my fault with any penance that he may impose on me." (39.) " In the charters of his Church of Battle " — continued the ChanceUor, " which is, as we aU weU know, the King's own chapel, that nothing new has been inserted which is prejudicial to the dignities of the Church of Canterbury or of your Church of Chichester, is as evident as it possibly could be to aU of us. For that church, built by the renowned King William, has been strengthened by great and glorious dignities, by the King himself, suitable to the dignity of the English crown, which Lanfranc Archbishop of Canterbury, and other Bishops, Abbots and Barons, have confirmed. Now these dignities this church has been proved to have held with inviolable right up to the present day, and these dignities she wished to retain, by the King's precept before our Lord the Archbishop of Canterbury, not with any evil designs against you, but to defend hy sound reason as royal rights, those same privUeges which you have, in our hearmg, adjudged as null and void. You assert that this year in your chapterhouse at Chichester the Abbot entered arrogantly in your absence and there censured you in many ways; he proves with conclusive argument that he did not conduct himself with arrogance, Proofs and Illustrations 85 'egisse demonstrat. Duo namque Decani vestri, Lewensis Part n. 'scilicet et Hastingensis, cum quinque sacerdotibus in testi- 'monium, in Quadragesima? initio Bellum venientes, Htteras 'domini Papae Adriani a vobis, ut rei Veritas est, perquisitas, 'Abbati protulerunt: summonentes eum etiam ex parte ipsius 'Papae ut Dominica, quae dicitur Lcetare Jerusalem, Cicestriam 'veniret, ibi auditurus ejusdem domini Papae precepta. Quia 'vero, domino nostro Rege in transmarinis partibus tunc consti- 'tuto, iUum super hoc adire nequibat, cum domino nostro 'Cantuariensi Archiepiscopo et quibusdam amicis suis consiHo 'communicato, Cicestriam die statuta petiit, atque in capitulum, 'domini Papae auditurus precepta, praesentibus iUis duobus 'decanis et supradictis quinque sacerdotibus, intravit. Ibi ^"Jfshop 'etiam UH duo decani, quae Abbati apud Bellum prastulerant, ^empTed 'et quae UHs Abbas retulerat, viva, testificati sunt voce. Ibi ^nJ^Se ' clerici vestri, contra auctoritatem Regiae dignitatis, quaedam by'his"^ ' ab eo exigebant ; Abbas vero, ut inducias sibi, quo Dominum tiePop".'0 'nostrum Regem adire atque ejus super hoc consifium et volun- 'tatem audire posset, darent petiit, sed ipsis renuentibus easdem 'impetrare nequivit. Verum etiam insuper, hoc a vobis UHs as you assert, but under compulsion and in a peaceful manner. For your two Deans, of Lewes and Hastings, with five priests to bear them witness, came at the beginning of Lent to Battle, and delivered to the Abbot a letter from the Lord Pope Adrian, which, as the truth of the matter is, you had procured, summoning him on behalf of the Pope himself to Chichester on the Sunday, which is called Rejoice, O Jerusalem, there to hear the commands of the Lord Pope. Because he could not approach our Lord King who was at that time in foreign parts, and ask his advice on this matter, he took counsel with our Lord Archbishop of Canterbury and some of his friends, and repaired to Chichester on the appointed day and entered the chapter-house to hear the commands of the Lord Pope in the presence of the two Deans and the five priests mentioned previously. There those two Deans declared aloud those injunctions which they had conveyed to the Abbot at Battle and the answer which the Abbot had made to them. There your clerks, acting against the authority of the King's dignity, tried to exact from him certain concessions. But the Abbot asked them to grant him an adjournment, so that he might be able to approach our Lord King and hear his advice and wUl in this matter, but through their refusal to comply he could not obtain his request. Moreover they in addition declared that this was the 86 Proofs and Illustrations Part II. The King expressesgreatindignationat the conduct of the Bishop in pro curing the PapalRescript or Bull. The Bishop denies that the BuU was pro cured with his know ledge or assent, and insinuatesthat it was obtained at the instance oftheAbbothimself. "impositum, neque aliud quam iUis praeceptum extiterat agere "potuisse, testati sunt. Hoc modo Abbas inde recedens omnia "Domino Regi, ut erant, per nuntium suum significavit. Do- " minus vero noster Rex, vobis, utrisque dico, super his diem "pnTsentem constituit." (40.) Tunc Rex, vultu mutato, Episcopum respiciens dixit— "Numquidnam litteras has ut hic recitatum est perquisistis? "Super fidem et sacramentum quod mihi debetis, ut veraci hoe "mihi proferatis sermone praecipio." Episcopus vero — "Supei "fidem et sacramentum quod vobis feci ut Domino, has litteras "nee per me neque per alium quemlibet, me sciente, exceUentia "vestra noverit esse pcrquisitas: verum Abbas quendam ex "clericis suis Romam nuper mittens, me ibidem in curia, " Romand multum nimiumque diffamavit. Ego autem in ilia "curia, omnibus notus sum, et cujus honestatis vel moralitatis "sim omnibus ibidem commanentibus haud incognitum est: per "ilium enim ibidem me infamari impossibUe est; fortuitu ergo "per ilium Htteras illas sibi perquisivit." Tunc Rex — "Mirum "et nimium stupendum videretur. Abbatem videHcet contra command which you had laid on them and that they were not able to act otherwise than they had been commanded. The Abbot, depart ing thence, sent a messenger to the King and made known to him in this way the facts as they stood. Our Lord King therefore appointed this day for you (I mean, both of you) to discuss these matters." (40.) Then the King's face changed and looking round on the Bishop, he said : — " Did you reaUy procure these letters, as has here been aUeged ? By your sworn aUegiance which you owe me, I command you to answer me truly in this matter." Then the Bishop rephed :— " By my aUegiance and the oath which I made to you, as to my Lord, let your ExceUency know that these letters were never asked for by me or by any one with my knowledge ; but the Abbot did lately send one of his clerks to Rome who did spread many grievous and evU reports of me in the Roman Court. But I am known by all in that Court, and the honesty and integrity of my character is not unknown to all those who dwell there. It would therefore be impossible for him to hurt my reputation there ; perhaps indeed he procured these letters for himself by means of that messenger." Then the King said : — " It would mdeed seem a wonderftd and marvel lous thing that the Abbot should wish to ask for such a thing if the Proofs and Illustrations 87 "se suamque Ecclesiam haec, si ita se res habet, perquirere Part n. "voluisse." His Cancellarius subjecit — "Si aHo modo quam a The King "vobis ut hic relatum est, has litteras perquisitas probare voluerit that he "dUectio vestra, Abbas en praesens est, Htteras in manu tenens. believe this . .,, . statement to "Legantur Htterae, videatur quorsum lUarum vergat mtentio ; be true. "sicque rei Veritas comprobabitur." Archiepiscopus autem au- ^eB.=cket. diens Episcopum litteras ab eodem perquisitas coram omnibus j^ Bbueu denegasse, sciens omnia ut erant, et quod Htterae ab eodem ^Qer that Episcopo perquisitae fuissent, signo crucis pro nimia, admiratione jjjj,yej£ency se signavit. SfS?0*' Archbishop of Canter- (41.) Tunc CanceUanus — 'Non solum duntaxat de his ISes his "Htteris, Dominus noster Rex veritatem scire proposuit, verum mentat" "etiam si abas quasHbet Htteras vos aut aHum quemlibet per assertion. "vos in praesens vel in posterum Abbati aut ecclesiae de Bello Thomas ... . . t". . ,. „ . . a Becket nocivas noventis possedisse, ut m medium proteratis praecipit. inquires, in Episcopus vero neque Htteras iUas praesentes nee aHas quasHbet name, vel ahus quisHbet per ipsum Abbati vel ecclesiae de Bello tunc B'sh?p has aut in posterum nocivas jurejurando affirmabat, mirantibus g^^ich omnibus, habuisse. werein- ' junous to the Abbot, and which fact is so, seeing that it was to his own disadvantage and to that of denied °' his Church." Then the Chancellor submitted the foUowing proposal : — " If your Grace should wish to prove that the letters have been procured in any way other than that which has been here alleged, lo ! the Abbot is present and holds the letters in his hands. Let them be read ; let it be seen to what end their purport tends, and thus the truth of the matter wiU be proved." But the Archbishop, on hearing the Bishop deny, in the presence of aU, that the letters had been procured by him, knowing aU the facts of the case and that the letters had been procured by the Bishop, made the sign of the cross to show his great astonishment. (41.) Then the ChanceUor said : " Not only in this instance, as regards these letters, does our Lord King propose to know the truth, but he also orders you to produce any other letters that you know that you or any one else on your behalf possesses to the detriment of the Abbot or Church of Battle, either at the present time or in the future." But the Bishop, to the great surprise of aU, assured them on his oath, that neither he, nor any one else through him, had obtained the present letters or any others which were to the detriment of the Abbot or church of Battle, then or in any future time. 88 Proofs and Illustrations Part II. The Arch bishop of Canterburyrequests the King to allow the business to be ended according to the course of the Canon Law; but the King refuses to allow the Clergy to determinethe question. The King withdrawswith his Court, leaving the Bishop and the Abbot by them selves. The Bishop is sent for, and is admitted to a confer ence with the King; the Abbot is then introduced. (42.) His tab modo coram domino Rege habitis, Archiepis copus Cantuarice Regi dixit — "Praecipiat exceUentia vestra nos "super his quid faciendum sit consiHo retractare atque ordine "judiciario consuetudinis ecclesiasticae determinare." "Non ita," — inquit Rex — "h;ee per vos determinari praecipiam : verum ego "vobis comitantibus, consilio super his habito, fine recto con- "cludam." Haec dicens surrexit, et in cimiterium monachorum omnibus secum prater Episcopum et Abbatem comitantibus secessit. Consilio igitur communicato, misit Rex pro Episcopo. Qui veniens, atque cum aliis residens, multis super his cum eodem habitis, tandemque termino finali conclusis, Rege praeci piente, Henricus de Essexia Abbatem cum monachis suis adduxit. Quo cum aHis residente, Rege innuente, Episcopus omnibus audientibus sic locutus est : (43.) "Ego Cicestrensis Praesul ecclesiae, o Rex exceUentissime, "ecclesiam de Bello sicut vestram dominicam et propriam capel- "lam, in qua et super quam ml juris habere juste possum vel "debeo, ab omnibus rebus vel calummis a me UH hactenus "oppositis quietam et omnino clamo liberam. Abbatem etiam (42.) When the matter had been thus discussed in the presence of the lord King, the Archbishop of Canterbury said: — "Let your ExceUency command that we reconsider what is to be done in this matter and that we bring it to a termination by treating it in accordance with the practices pertaining to the Courts of Eccle siastical Law." Then said the King : — " I wiil.not so order this matter to be settled by you ; but I wiU take counsel with you and bring the matter to a proper conclusion." With these words, he arose and withdrew to the cemetery of the monks, accompanied by all the Court save alone the Bishop and the Abbot. When therefore they had taken counsel, the King sent for the Bishop : and when he came and had taken his seat with the others, and when many words had passed with him in this matter, a conclusion was finaUy reached, and Henry of Essex at the King's bidding brought in the Abbot and his monks. When he had taken his seat with the others, the King nodded and the Bishop thus spoke to all who were present to hear: (43.) " I, the Bishop of the church of Chichester, 0 most excellent King, quit claim and free the church of Battle (seeing that it is your demesne and own chapel, in which and over which I cannot and should not justly have any right) from aU the matters and demands hereto fore put forward by me. At the same time I absolve the Abbot Proofs and Illustrations 89 "absolvens, sicut Ulum cui vinculum anathematis injuste imposui, Part II. "quia nee potui juste nee debui; a quo etiam, dignitate sua et Acknow- "suae ecclesiae praeceUente, ml nisi interveniente caritatis gratia mainly "exigi potuisse vel debuisse me protestor; atque a die hodierno before the "in perpetuum ab omnibus EpiscopaHbus exactionibus et consue- which he - renounces "tudinibus simiH modo proclamo Hberurn." Ad haec Rex — aiijuris- *- diction over "Non coactus sed voluntarie hoc te fecisse et protuHsse con- the Abbot- "stans est." — Episcopus — "Verum est, me hoc voluntarie, justa TheKins J- a 7 -> commands "ratione cogente, fecisse necnon et protuHsse." Tunc Archi- J!|eJS{^_ episcopus — "Justa, Domine Rex, his determinatione conclusis, us^ubnu's- " omnes vestram una deprecamus clementiam, quatenus si qua ^^ "contra vestrae celsitudinis indebita dignitatem, imprudenti vide- enforced. "tur Episcopus protuHsse sermone, nobis flagitantibus, pacis Thf "osculo praeHbato, vestra indulgere UH dignetur dementia." induces the "Non solum," — Rex inquit, — "semel tantummodo pacis osculum, parcfonany " sed omnia UH si qua sunt indulgens, centies vestris precibus atque expressions "ipsius dilectione flexus tribuam." Assurgensque atque am plexus the Bishop. Episcopum deosculatus est. Archiepiscopus — "Nunc igitur Epis- "copus et Abbas ut amici se deosculando, pacis fcedus inter se as one upon whom I laid the bond of excommunication unjustly, seeing that I had no power or just right to do so. I also protest that I had no power or right to exact from him anything except as an act of grace, owing to the high estate of him and his church ; and from this day forward, I proclaim him in like manner free from aU episcopal exactions and customs." Whereupon the King adds: "It is understood that you have made and brought forward this submission through no act of compulsion but of your own free will " — Whereupon the Bishop replied : — " It is true that I have made and brought forward this submission of my own free wUl and urged thereto by just reasoning." Then the Archbishop said : — " My Lord King, now that this matter has been brought to a just conclusion, we one and all beseech your clemency, that if the Bishop should appear to you to have used in imprudent speech any words which were derogatory to the dignity of your highness, that your clemency be pleased to grant him indulgence in answer to our earnest demands, when the kiss of peace has been first given." Then said the King : — " Not merely once only wiU I bestow on him the kiss of peace, but a hundred times, and wiU pardon him also for any faults of his, moved thereto by your prayers and by my love of him." Whereupon he arose and embracing the Bishop kissed him. The Archbishop then said : " Now therefore let the Bishop and Abbot kiss one another as friends, 90 Proofs and Illustrations Part n. "vestra confirmatione retinentes, in posterum in pace perma- "neant." Tunc Episcopus et Abbas, Regis praecepto se deoscu- lantes, Archiepiscopo signo crucis super illos faciente, pacis et dilectionis fcedere juncti, Concordes effecti sunt. Archiepiscopus — " Adhuc quiddam restat, quod in hac scUicet pacis et dUectionis "concordia venerabUis Abbatis frater, Ricardus de Luci, Episcopo "jungatur." Qui illico, Rege praecipiente, utpote vir modestiae atque prudentiae virtute insignis, Episcopo pacis osculum, obhtis occasionibus omnibus, praeHbavit. His itaque rite perfectis, omnibus de pacis dilectione inter illos hoc modo confirmata congau- dentibus, Rex ad aba negotia sua inde recedens tetendit perficienda. Abbas vero ad propria, Rege concedente, reversus est; Dominum Jbstjm Christum et beatissimam Marian matrem ejusdem, necnon et beatum Christi confessorem Martinum, qui nunquam deserit sperantes in se, cum suis coUaudans. et gaudio magno pro voto suo exultans adepto. (44.) Hoc igitur fine et termino finaH, res ista diu in dubio posita, in pr33sentia, Domini nostri regis Henrici Secundi, prae- so that they may abide in friendship for ever, holding fast this bond of peace with your approval." Then the Bishop and the Abbot kissed one another at the command of the King, while the Archbishop made the sign of the cross over them ; thus they were joined in the bond of peace and love and were reconciled. The Archbishop again said : — " It still remains that Richard de Luci, the brother of the reverend Abbot, be joined in this concord of peace and love with the Bishop." He, thereupon, at the bidding of his King, as a man who was distinguished for his surpassing modesty and prudence, offered the Bishop the kiss of peace, thereby obliterating all remembrance of former quarrels. And so when all these ceremonies had been dulv performed, while aU the court rejoiced at the peace and friendship thus estabhshed between them, the King departed thence and went his way to perform some other business of his own. The Abbot, however, with the King's permission, returned to his own home, together with his monks, praising our Lord Jesus Christ and the most Blessed Mary, bis mother and the Blessed Martin, the confessor of Christ, who never deserts those who trust in him, and rejoicing with great joy that his prayer had been heard. (44.) In this way therefore and with this conclusion, a matter, which had long been in dispute, was settled at Colchester on May 2Sth, Proofs and Illustrations 91 sente etiam Theobaldo Cantuariensi Archiepiscopo, Rogero Ebo- Part ii. racensi Archiepiscopo, Ricardo Lundoniensi Episcopo, Roberto Names of Lincolniensi Episcopo, Roberto Exoniensi Episcopo, Silvestro the'court of Abbate Sancti Augustini Cantuarice, Gausfrido Abbate Hoi- p/esSt at miensi, Thoma CanceUario Regis, Roberto Comite Legacestrice, ment of the dispute, Patricio Comite Saresburice, Henrico de Essexia Regis Tribuno, & May, 1157. Ricardo de Luci, Raginaldo de Warenna, Guarino fUio Geroldi; praesente quoque ipso Cicestrensi Episcopo Hilario, et eodem Abbate praenominato Waltero, et aHis tam clericis quam laicis multis, v Kalendis Junii apud Colecestriam determinata est. in the presence of our Lord King, Henry the Second, and in the presence also of Theobald, Archbishop of Canterbury; Roger, Archbishop of York ; Richard, Bishop of London ; Robert, Bishop of Lincoln ; Robert, Bishop of Exeter ; Silvester, Abbot of Saint Augustine's of Canterbury ; Gausfrid, Abbot of Holme ; Thomas, the King's Chancellor ; Robert, Earl of Leicester ; Patrick, Earl of Salisbury ; Henry of Essex, the King's Constable ; Richard de Luci ; Reginald of Warenne ; Warin, the son of Ceroid ; whUe Hilary Bishop of Chichester himself and the Abbot, the afore-named Walter, and many other folk, both of the clergy and laity, were also present.] 92 Proofs and Illustrations Part II. II. Pleadings concerning Right of Wreck in Dengemarsh1. vessel (1.) Sub iisdem itaque diebus, (anno mcxxxix". aut circa) belonging to v ' ^ .... Romney tempestate praevalente, contigit navem quandam varus sumptibus l^jj- refertam, de Rumenel, terra, Archiepiscopi Contuariensis, super the crew terram ecclesiae de Bello in Denqemareis, membro de Wi. con- being saved. -? Ancient law fractam, hominibus vix evadentibus, jactari. Sciendum autem of wreck. es|. jjOC pr0 ]ege aD antiquitate per maris Httora observatum; ut, navi fluctibus contrita, si evadentes infra ^tatutum terminum et tempus earn minime reparassent, navis et qufecumque appulsa forent absque calumnia in dominium terras UHus, et in werec How altered cederent. Sed supra memoratus Rex Henricus. hanc abhonens 7 '"' ' consuetudinem, tempore suo, per imperii sui spatia edictum proposuit, quatenus, si vel unus e navi confracta vivus eva-dsset, haec omnia obtineret. Verum quum novus Rex cedit, et nova lex ; nam, defuncto eo, regni primores. edicto recente pessumdato, morem antiquitus observatum sibimet usurparunt ; uncle factum [(1.) About this same time (in the year 1139 or thereabout), while a storm was raging, it happened that a certain ship, laden with a mixed cargo, saying from Romney (land belonging to the Archbishop of Canterbury) was cast up a wreck on land belonging to the church of Battle in Dengemarsh, .which is a member of Wye. the crew having been saved with great difficulty. It should be known, however, that the law observed from remote times along the coast was that when a ship was battered by the waves, if those who escaped from her faUed to repair her within a fixed limit of time, the ship and whatever was washed ashore from her were to be yielded to the lordship of that place without challenge and as "wreck." But the aforesaid King Henry, disliking this custom, in the course of his reign published an edict throughout the length and breadth of his kingdom to the effect that if even one person escaped alive from a wrecked ship, be should have ship and cargo. But when a new king accedes there is also a new law ; for on King Henry's death, the magnates of the realm, throwing over the recent edict, resumed the custom which had been observed from of old. Wherefore, Proofs and Illustrations 93 est ut homines de Dengemareis, secundum maritimas consue- Part n. tudines et regales dignitates ecclesiae Belli, praedictum werec vi vessel obtinerent: quo agnito, Archiepiscopus curiam adiens, coramSof7' Rege, de Abbate de Bello, quod in hac re vi et hostiHtate ususma°fh"in . . c ¦ , consequence fuisset. quenmomam fecit. whereof the Archbishop . comes before (2.) Nee mora, Rex Abbatem mandans coram se venire *he k^b V ' . . (Stephen) fecit. Quibus a conventu nobiHum apud regiam ventilatis |?d Pre£ers curiam, cum studio et arte Willielmi de Ypra, qui Cantice comita- p'aint turn tunc possidebat, Rex quoque Archiepiscopo favens, Abbatem Jjjjj,^* ut pacis transgressorem arguebat, quod scUicet contra Regis A?bpb1.°atrt° Henrici sancita fecisset. Post plurimam utrinque controversiam, j^""^ tandem sic curia sedatur; nam Abbas, ratione usus premeditata, The Abbot Regem Henricum pro libitu antiqua patriae jura mutare in diebus |Sy i?at suis posse testificatus est, sed non nisi communi Baronum regni Se custom consensu in posterum rata fore ; unde si, id unum [quod] country calumnibatur, suae dignitatis compatriotae, Barones sciHcet qui ownKign; aderant, cum regafis curiae assensu concessissent, et ipse such atter- Hbens cederet. Cumque praesentes regni Primores haec uno ore being made it came about that the men of Dengemarsh, according to the custom in vogue along the coast and in accordance with the royal franchise of the church of Battle, seized by force the wreck mentioned above. But when this became known, the Archbishop repaired to Court and laid a complaint before the King in person concerning the Abbot of Battle, because he had done an act of violence and enmity in this matter. (2.) Without delay.the King summoned the Abbot to his presence. When the faicts had been discussed by the meeting of nobles at the King's Court, the King, owing to the zeal and cleverness of William of Ypres, who at that time possessed the Earldom of Kent, and also favouring the Archbishop, accused the Abbot of being a breaker of peace, seeing that he had acted contrary to what had been sanctioned by King Henry. After a prolonged discussion on both sides, the Court was at length reduced to calm in this way : for the Abbot using an argument over which he had meditated, declared that King Henry could alter the ancient laws of the country as much as he liked during his own reign, but that they would not be binding on posterity, without the common consent of the Barons of the realm, wherefore if his fellow countrymen of his own rank, that is to say the barons who were present, should, with the assent of the royal court, grant the single point at issue, he himself 94 Proofs and Illustrations Part II. with the consent of the Baron age, did not endurebeyond his life. The Abbot is allowed his Court contradicerent, in communi tandem decretum est, ut, eadem soluta curia, Abbas regia dignitate, hinc suam nactus curiam, apud Dengemareis, die denominato, hominibus Archiepiscopi advenientibus omnem rectitudinem teneret. Sed in hoc con- ventu, verbum memoriale, quo magis regius emoUitus est animus, providum dixisse Abbatem contigit. (3.) Nam cum argueretur, ad Regem conversus intuht — "Nunquam" — inquien.s — "te diutius, 0 Rex, coronam Angliae "ferre Deo sit phicitum, si tantillam ecclesiae nostrae Hbertatem, "a Rege Willielmo et ab aHis antecessoribus tuis Regibus datam, "et observatam destruxeris." Verum, Abbate diem consti- tutum observante, ante diem sequentem ex parte Archiepiscopi nullus advenit; unde transgressionis judicio obmutescentes cum frustrati discessissent, iterum ad re^ias aures hujus rei queri- monia ab Archiepiscopo delata est. Abbas iterum mandates advenit, causisque expositis, a communi consensu adjudieatum est, Abbatem suam causam dirationasse, nee ab Archiepiscopo hinc aHquam calumniam ulterius pati debere : atque. in his, would wiUingly yield. When the magnates of the rp.fl.lm who were present unanimously refused this, it was finally decreed by consent that when this court was dissolved, the Abbot, in virtue of the royal franchise, having obtained his Court should at Dengemarsh on an appointed day fully answer the claims of the men of the Archbishop who should come there. But it happened at this meeting that the far-seeing Abbot made a memorable speech which tended greatly to soften the King's animosity. (3.) For when he was pleading his cause, he turned towards the King and addressed him saying : — " May it never seem good to God that you should wear the crown of England any longer, if you diminish by ever so little the hberty of our church, granted and observed by King William and other kings your predecessors." The Abbot, indeed, observed the appointed day, but none came on the part of the Archbishop until the foUowing day. Whereupon when they (who then came) had departed frustrated, sdenced by the judgment pronoimced in default, a complaint of this affair was again brought to the King's ears by the Archbishop. The Abbot again came when summoned and when the case had been stated, by common assent, it was decided that the Abbot had proved his case, and that he ought not to be subject then to any further dnim by the Archbishop. And thereupon, on the dissolution Proofs and Illustrations 95 soluta curia, singuHs in sua regressis, reverendus Abbas haec Part II. omnia unde agitur pro Hbitu disponens, aHquibus sumptibus qui appulsi fuerant, Archipraesulem et suos pacificavit, prascipua tamen sibimet et suae ecclesiae de Bello retinuit; sicque hujus rei querimonia quievit. of the Court, they returned each to his own, the reverend Abbot disposing at his wiU of the things at issue, appeased the Archbishop and his men with some of the cargo which had been driven on shore, but nevertheless retained the choicest parts of it for himself and his church of Battle. Thus the quarrel over this affair died down.] 96 Proofs and Illustrations Part II. III. How Abbot Walter recovered certain Lands in Bernehorn1, which had been unjustly usurped by GUbert de BaiUol2. Abbot Ralph (1.) Dum adhuc Anglorum gubernacula teneret inclytus Rex uncfo?" Henricus, nobiHssimi Regis Willielmi, Anglicce monarchiae con- Becchene1-118 quisitoris et ecclesiae Sancti Martini de Bello fundatoris, films, Man,' 0/ feHcis memoriae Abbas Eadulf us, qui tunc temporis eidem withelard ecclesiae praeerat, a quodam Ingelranno cognominato Becchene- to which ' ridere, bomine Withelardi de BaiUol, ipso Withelardo consen- purchasewithelard tiente, tres wistas terrae in Bernehorne, dato pretio comparavit, himself adds ' r L a gift of Addidit autem gratis de proprio idem Withelardus quandam a portion © ofthe adjoining marsh, partem terrae in marisco, praefatis rribus wi-tis contiguam; et tam ab homine suo, Ingelranno sciHcet, comparatam, quam confirmed et donum proprium eidem ecclesiae cle Bello concessit. Et ut and^y"71' eadem terra omnino Hbera ab omni servitute et ab omnium (Sunt of Eu, hominum calumnia, in perpetuum eidem ecclesiae remaneret, a chiefeLord.s jam dicto magnifico Rege Henrico, et a Comite Augi Henrico, Domino ejusdem Withelardi. confirmata est [(1.) WhUe the renowned King Henry was stiU holding the reins of the government of England — i.e. Henry the son of the most noble King William, who had gained the English monarchy and had founded the church of St. Martin- of Battle — Abbot Ralph, of happy memory, who at that time presided over this same church, bought at a stated price three wistas of land in Bernehorne from a man called Ingelram Bccchcncridcr. a vassal of Withelard de Balliol, with the consent of Withelard himself. Moreover this same Withelard added as a gift from his own property a certain portion of land in the marsh adjoining the three wistas before mentioned, and granted to the church of Battle both the land purchased from his vassal, that is to say Ingelram, and also that portion which he gave as his own gift. And in order that the same land should remain to the same church for ever free from aU bondage and from the claims of all men it was confirmed to it by the said iUustrious King Henry, and by Henry. Count of Eu, the lord of the said Withelard. Proofs and Illustrations 97 (2.) Cum vero, multo jam labore, multisque expensis in Part n. domibus, in agriculturis instaurata esset eadem terra, molen- dino etiam optimo in marisco facto, jamque plurimum commodi ^a^1reAbnot expectaretur ; praecipue cum esset ecclesiae contigua, quasi quin- ^uion0"1 que mUHbus distans, Abbate Radulfo huic vitae finem f aciente, et j^™1^ *° Warnerio succedente, Dominus fundi eundem Abbatem War- SriamT nerium convenit, frequenter ab eo plurima exigens, tanquam h^dente'rsSt pro beneficii recompensatione. Sed cum Abbatem jam taederet passion; ejus exactionum, reputans ne forte mala exinde traheretur con- ^hyp^the- sequentia, jamque ea quae idem fundi Dominus frequenter itSeof to exigebat, fructus a jam dicta terra provenientes viderentur s™^ sigar. excedere, Abbas manum omnino retraxit; nee se de caetero hujusmodi vexationibus et exactionibus veUe subjacere con- stanter asseruit. Cernens idem exactor, se quaesita pro veUe assequi non posse, totam praefatam possessionem quasi in jus suum redigens, ecclesiae de Bello subduxit, earn que cuidam The Abbot Hastingensium, Siwordo nomine, Sigori fibo, accepta ab eo procurators pecunia, in vadimonium tradidit. Hac itaque violentia spofiata complaints est ecclesia, non tantum terra ipsa, sed et expensis, et omnibus m"e ; (2.) When this same land had been brought into good condition by much hard work and at great expense in the matter of dwellings and tilling, and when in addition a splendid miU had been built on the marsh and great profit was now being expected (especiaUy as this land was quite close to the church, being about five miles distant from it), Abbot Ralph died and Warner succeeded him. The lord of the property then approached Abbot Warner and demanding from him repeatedly many things as in payment for the gift of land that he had received. But when the Abbot became tired of paying these exactions, dreading lest by some chance disastrous conse quences might arise therefrom, and when it became apparent that the demands, which the lord was repeatedly making, were in excess of the profit derived from the land in question, the Abbot entirely withheld his hand, and stated firmly that he refused to submit in future to annoyances and exactions of this sort. The lord, who was making these exactions, seeing that he could not obtain at his pleasure aU that he sought, took the whole of the above-mentioned property away from the church of Battle as though he was bringing it back again to his own right, and gave it by way of mortgage to a certain man of Hastings, by name Siward the son of Sigar, on receipt of a sum of money from him. By such an act of violence therefore was the church robbed not. only of its land but also of the money expended on it p. vu. 7 98 Proofs and Illustrations Part ii. quae tunc temporis in ipsa reperta sunt. Quod cum satis aegre but Henry i. Abbas et ejus procuratores accepissent, et hinc magnas et parts multimodas querimonias movissent, domino Rege Henrico in seas.no i nmsmari nis partibus ab hac vita subtracto, nuUam juris sui redress is obtained. resti tu t ioneni habere potuerunt. Turbulence (3.) Succedente Itcji' Stepiiano, cujus temporibus justitia of Stephen" minus pr;i'v;ilcn(.c, qui jdus poterat plus faciebat, sicque interdum wamer cedobat unicuique pro jure quod quoquo modo diripuisset, unable to ecclesia Saudi Martini de Bello non modo praedictum tenementum obtain _ ..... jusUce, but <](.. Bernc/mrue, sed et aba perplunma sui mris violenter sublata suffers ' If J further reeuperare nequivit, licet frequenter inde raoveretur calumnia. spoliations. ' ' l Abbot (4.) Succedente post de-cessum Regis Stephani inclyto Rege prefers his Henrico, prioris Henrici nepote, qui a vita tempora renovaret, Henry n. cum jam Warnerius Abbas cessi>set, eique vir venerabUis Abbas who orders awntof Walterus successisset, idem Abba.- Walterus quo Regi familiaris Right', Ne . . . ampiius, fieret obtmuit, sicque coram eo super jam dicto tenemento de &c, to issue, '- i j lotaToln" Berneh°rne, querimoniam movit. Rex igitur, ad Abbatis instan- chie? Lord tiam, Htteris suis Joha-nni, tunc Comiti A vgi praecipiendo mandavit. of the Fee. and of all that at that time lay on this land. The Abbot and bis proctors were exceedingly vexed at this and preferred many various complaints against such an act, but as the lord King Henry had died in parts beyond the sea, they were not able to obtain any restitution of their rights. (3.) On the succession of King Stephen iu whose reign justice was hard to obtain, and when he who was the more powerful was the more successful and so whatever a man had niched by any manner of means sometimes became his property as if by right, the church of St. Martin of Battle was not only unable to recover the said holding of Bernehorn but also many other properties which belonged to her as of right and had been forcefully taken Irom her, though complaints were constantly being brought, before the authorities touching this matter. (I.) After tbe death of King Stephen, the renowned King Henry, the grandson of Henry the First, succeeded to the throne and revived the days of bis grandfather. Wbcn the Abbot Warner resigned and bad been .succeeded by a venerable man, the Abbot Walter; the latter acquired (be friendship of the King and so brought before bim a complaint about the said holding of Bernehorn. The King therefore, at the instance of the Abbot, sent a writ to John. Proofs and Illustrations 99 ut Abbati super praedicto tenemento plenum rectum teneret, Part n. aut, si non f aceret, Vicecomes Sussexice hoc f aceret, ne Rex inde Gilbert de ampHus clamorem audiret. Gilebertus vero de Baillol, qui tunc mesn°e'Lord, temporis dominus fundi videbatur, super hoc multis modis proceeL conventus, et per Comitem, Vicecomitem, Abbatem, et suos The Abbot, . after much requisitus, per plurimum tempus actum subtertugit, et ne con- instance flictum iniret multipHciter dissimulavit. Unde, licet plurimum mne, p«>- A x cures the temporis casso labore consumeretur, noluit tamen Abbas coeptis [j;m°val °f desistere; sed Dominum Regem, turn per se, turn per suos saepe gSa^Re is- conveniens, ut causa ipsa in curiam Regiam transferretur tandem consequence obtinuit. Sed Domino Rege, nunc in Normanniam transfretante, J^?s ab_ nunc in Angliam redeunte, negotiisque propriis insistente, cum Eng ~i j Osmond, ecclesia' Sancti Martini de Bello data, ex parte comparata, a Monk of L A s^'peie'Tde q ualiter post modum ablata, quousque etiam jam per plurimum Mri'i' "' tempus post litis ingressum transactum processum sit in causa, coram Rege et ejus assessoribus ex ordine exposuerunt : conqueri etiam adjicientes super plurima et dispendiosa negotii dUatione, et Abbatis ac suorum frequenti ac inani fatigatione. euro ra hs (*>•) (auctoritate renovaretur expetiit. The Abbot Rege super hoc, si faciendum esset necne, judicium Procerum. £h°ad™re stoh,s the King, sitting in [(1.) It happened in the year 1175 or thereabout, that one of the of his charters of King William, the founder of the Monastery of Battle, was being destroyed by the ravages of time in that monastery. And when the Abbot had presented it to the King, the latter exclaimed : — " This charter requires to be renewed." Whereupon the Abbot answered : — ' We beg you, if it so pleases you, to confirm and renew it by your royal authority." But the King replied :— " I cannot do thus without the judgment of my court." Whereupon the Abbot departed from the King and approaching the eminent Richard de Luci, made known to him the King's reply. To this the eminent Richard replied : " If our judgment is awaited on this matter, you wiU find the whole court unanimous in consenting to your petition." (2.) After waiting for a favourable time and place in accordance with the advice of the eminent Richard, when the King was sitting a short time afterwards in the midst of his nobles, the Abbot came and brought forward, in the sight of aU, the charter, which had been much injured by the ravages of time, and begged that it should be renewed by the King's authority. When the King asked the judgment 108 Proofs and Illustrations Part n. requirente, — "Decet," — inquit Ricardus de Luci — "decet vos, The King " si placet, Domine, cartam Ecclesiae de Bello renovare, cujus opinion'' "etiamsi omnes carta:' perissent, nosomnescartaeejusessedebemus, ^"?enewli. "(|ui de eonquisitione apud Bel! ion facta feodati sumus. Et Richard "(luoniain judicium nostrum utrum faciendum sit necne exigitis • de Lucy 1 J o i declares " ut cartam pnedictam regia auctoritate vestra confirmando that 't .. ,, would be "renovetis adjudicamus. extremely do°sPoe,rif°the (3.) Ite.x ad luce, vocato Waltero de Constanciis, tunc Cancel- Ji^fes. lario suo, postmodum Lincolniensi Kpiscopo, et post modicum The King RotlionKKjeu si Archiepiscopo, ju.-sit cartam novam, nominis et walterus sigilli regu secundum formam cartae veteris fieri; praecipiens stanciis, his cartae novae imponi. se confirmationem iUam fecisse, pro amore Chancellor, ... to make Dei et petitione Odoms Abbatis; nomen et mentum ejusdem out a re- r ... newai of the Abbatis volens esse in recordatione. Et quoniam m cartis et Charter. x munimentis a diversis personis, di verso tempore, super eodem negotio datis, solet in posterioribus priorum mentio fieri, ita ut quod posterius est videatur praecedentium exigere testimonium, hujusmodi verbis "sicut carta ilia vel UHus N. testatur"; jussit Rex, ne clausula Ula insereretur; sed aHam antea inusitatam ipse of his nobles on this point, whether it was to be done or not, Richard de Luci said : — " It is most fitting, if it so pleases you, my Lord, it is most fitting that you should renew the charter of the Church of Battle, and indeed, should all its charters perish, we aU ought to be its charters, we who have been enfeoffed owing to the conquest at Battle. And since you require our judgment as to whether this should be done or not, we give our judgment that you should renew this charter by confirming it with your kingly authority." (3.) Whereupon the King caUed Waller of Coutances at that time his Chancellor, afterwards Bishop of Lincoln and soon after that Archbishop of Rouen , and ordered him to make a new charter, bearing the name and seal of the King, in the form of the old one, and with this further injunction, that it should be written in the new charter that he had made that continuation for the love of Cod and at the petition of Abbot, Odo ; be also desired that the name and worthiness of this same Abbot should be recorded. And whereas in charters and muniments, granted by different persons at various times and deahng with the same business, it was the custom that mention should be made in each succeeding charter of those that preceded it in order that, a later charter might obviously cite the testimony of its pre decessors, by such words as " just as this charter or the charter of this N. witnesses," the King now ordered that this clause should Proofs and Illustrations 109 dictavit, et super his quae viderat in persona propria testimonium part n. perhibens, cartae praecepit imponi hoc modo; " Quoniam, inspexi The King "cartam Willelmi proavi mei, in qua praescriptae Hbertates et ^reliewed "quietanciaa et Hberae consuetudines ab eo praefatae ecclesiae con- be ina'dV.n "cessae continebantur." Nee dedignatus est inclytus princeps wh™' super praedicta clausula reddere rationem — "Si," inquit — " clau- had never' "sula quaa suppressa est inserta fuisset, carta posterior sine and which states that "priore modicum conferret. Nunc vero, nuUa in posteriori de the King "pr33cedentibus originabbus facta mentione, haec carta sola inspected "sufficeret, etiam si omnes aHae cartae de Bello deperissent." charter; His a Rege dictis, exegit Abbas a CanceUario et obtinuit ut sibi tres cartas, unam eandemque formam secundum praeceptum Regis «gj| "£ continentes, scribi, Regisque sigiUum singuHs faceret apponi. f*"£nhtor Commissae sibi Ecclesiae diHgenter in hoc et prudenter prospexit, this form- ut, quoniam possessiones monasterfi sunt a monasterio plurimum remotae, si quando quavis ex causa quamHbet trium cartarum contingeret vel etiam duas extra monasterium alias deferri, una The charter saltern earum ad manum semper haberetur in monasterio. £ triplicate. not be inserted, but dictated himself a clause which had not been used before and ordered that the foUowing should be inserted in the charter, affording testimony of matters which he had personaUy seen : — "Where as I have myself inspected the charter of William my great-grandfather, in which were contained the above-written liberties, immunities, and free customs granted by him to the aforesaid church." Nor did this renowned Prince disdain to give his reason for inserting the aforesaid clause, for he said : — " If the clause which was omitted, had been inserted, a later charter would offer but a scanty proof without a former charter to support it. But now, though in the later charter no mention has been made of the original charters which preceded it, this charter is sufficient proof of itself, even though all the other charters of Battle should perish." When this had been said by the King, the Abbot asked from the Chancellor, and obtained his request, that three charters should be written by him in accordance with the King's command, containing one and the same form of words and that each one should have the King's seal affixed to it. In so doing he acted with great dUigence and prudence on behalf of the Church entrusted to his care, for, since the possessions of the monastery are very far distant from the monastery itself, if at any time, for any cause whatever, it should happen that any one, or even two, of these charters should be taken outside the monastery, one of them at least could always be held ready at hand in the monastery.] 110 Proofs and Illustrations Part II. How Richard de .Anesty recovered the lands of WiUiam de SackvUle, his Uncle1. (1.) Hic est sumptus et custamentum quod ego, Ricardus de Aneste, posui, in terra Willielmi Avuncufi mei perquirenda. SciHcet in primum, misi quendam hominem meum in Norman- niam, pro brevi Regis, per quod posui adversaries meos in placitum : qui dimidiam marc-am dispendidit in Ulo itinere. Et cum mihi Nuncius meus breve apportasset, recepto brevi, porrexi Sarum cum brevi, ut ibi in sigiUo Reginae reverteretur; et in illo itinere dispendidi duas marcas argenti. (2.) Et cum inde redissem. audiens quod Radulfus Brito deberet transfretare, secutus sum eum usque Suhamtun, causa, loquendi cum eo, ut perquireret mihi breve Regis ad Archiepis- copum; quia scivi quod placitum debebat in curia ejus divertere: et in iUo itinere dispendidi viginti duos soHdos et septem denarios, et amisi unum palefridum quem enieram pro quindecem sohdis. Et inde reversus cum brevi Reginae, ivi Angriam, et tradidi breve Ricardo de Luci. Quo viso et audito. posuit mihi diem placitandi apud Norhanton in Vigilia Sancti Andrea?. Et infra hunc terminum misi Nicholaum, Cleric urn meum, propter Gaufri- dum de Tresgos, et propter Albredam sororem ejus. sciHcet quas fuit uxor Avuncufi mei, quos invenit in Xorfolck apud Berneiam ; et in illo itinere dispendidit quindecim soHdos. et amisit unum runcinum quem enieram novem solidis. (3.) Et cum redisset, ivi ad placitum meum apud Norhanton cum aniieis et auxiliis meis ; et in illo itinere dispendidi quin- quaginta et quatuor solidos. Abhinc, posuit mihi diem ahum apud Suhamtun ad quindecimum diem; et in illo itinere dis pendidi quinquagiuta septem solidos; et in iUo itinere amisi unum runeinum qui valebat duodecim solidos. Postea venit Radulfus Brito, de Xormannia, et apportavit mihi breve Regis, per quod placitum fuit remotum in curiam Archiepiscopi; et Ulud breve apportavi Theobaldo Archiepiscopo, quem apud Wintoniam inveni; et in illo itinere dispendidi viginti quinque soHdos et Proofs and Illustrations 111 quatuor denarios; et tunc posuit mihi Archiepiscopus diem ad Part n. festum Sancti Vincentii ; et Ulud placitum fuit apud Lamhethe. Abhinc posuit mihi diem ad festum Sancti Valentini Martyris; et in Ulo itinere dispendidi octo soHdos et sex denarios ; et iUud placitum erat apud Maidestan. (4.) Abhinc posuit mihi diem ad festum Sanctarum Perpetuce et Felicitatis ; et infra istum terminum ivi ad Episcopum W in- tonice, loqui cum eo, ut testificaret divortium quod ante iUum fuerat factum in Synodo Lundonice ; et in Ulo itinere dispendidi unam marcam argenti. Et, accepto Episcopi testimonio, veni ad diem meum praenominatum, munitus placitandi, et iUud placitum erat apud Lamhethe ; et ibi dispendidi triginta septem sofidos et sex denarios. Exinde posuit mihi diem in proximo die Lunce post "Lcetare Jerusalem." Et infra hunc terminum ivi propter Magistrum Ambrosium, qui cum Abbate de Sancto Albano in Norfulc tunc erat; et in iUo itinere dispendidi novem soHdos, et quatuor denarios; et Samsonem, CapeUanum meum, misi pro Magistro Petro de Melide usque Buckingham ; et in illo itinere amisit palefridum suum, quem ei restitui per unam mar- cam argenti; et septem soHdos ibi dispendiderat. (5.) Perquisitis Clericis praenominatis, veni ad diem meum, cum auxifiis meis apud Lundon' ; et in Ulo itinere dispendidi quinque marcas argenti. Exinde posuit mihi diem ad "Quasi- "modo geniti" ; et infra hunc terminum misi Johannem, fratrem meum, ultra mare, ad curiam Regis, quia dictum fuit mihi, adver saries meos perquisisse breve Regis, se non placitaturos antequam Rex Anglice remearet. Et idcirco misi fratrem meum propter afiud breve, ne placitum meum remaneret propter breve adver- sariorum meorum; et in isto itinere dispendidit frater meus ties marcas argenti ; et ego ipse interim ivi Cicestriam loqui cum Episcopo Hylario, ut testificaret divortium quod viderat esse factum ante Dominum Wintoniensem in Synodo Lundonice cujus testimonium recepi, sciHcet literas suas, quas misit Archiepiscopo, quibus testificavit divortium : et in illo itinere dispendidi quatuor- decim soHdos et quatuor denarios. Veni igitur ad diem meum apud Lundoniam, cum clericis et testibus et amicis et auxilfis meis; et moratus sum ibi per quatuor dies, quotidie placitans; et in Ulo itinere dispendidi centum et tres soHdos. (6.) Inde posuit mihi diem ad Rogationes. Et cum venissem ad diem meum apud Cantuariam, dixerunt adversarii mei, se 112 Proofs and Illustrations Part ii. noUe placitare pro summonitione exercitus Regis de Tulus ; et in hoc itinere dispendidi triginta octo soHdos, et inde recessi sine die. (7.) FA secutus sum Regem, et inveni eum apud Avinlarium, et moratus sum in hoc itinere tredecim septimanas antequam pra-c-eptum Regis potuissem habere placitandi; et in Ulo itinere dispendidi quatuor libras argc-nti et decern soHdos. Perquisite Regis praecepto, redii; et, invento Archiepiscopo apud Mortela- cum, pra'ceptum Regis tradidi ei; et posuit mihi diem ad festum Sanctorum Crispini et Crispiniani, ad quem diem veni Cantua riarn ; et in illo itinere dispendidi viginti quatuor soHdos et sex denarios. Et abhinc posuit mihi diem ad octavas Sancti Martini, ad quem diem Cantuariarn veni ; et in Ulo itinere dispendidi viginti novem soHdos, duos denarios minus. Exinde posuit mihi diem Dominus Contuariensis, ad festum Sanctae Lucioe Virginis. Infra hunc terminum misi Magistrurn Samsonem. CapeUanum meum, usque Nincolniam, pro Magistro Petro ; et in Ulo itinere dispendidi dimidiam marcam. Et cum dies placiti mei venit, non potui pro mea infirmitate adire, sed misi esuniatores, qui mihi esuniaverunt apud Cantuariarn : et in Ulo itinere dispen- diderunt decern soHdos. Et abhinc positus e*t mihi dies ad festum Sanctorum Fabiani et Sebastiajii : et ad Ulum diem Lundoniam veni, ubi Dominus Cantuariensis erat ; et in illo itinere dispendidi viginti duos soHdos et octo denarios. Abhinc posuit mihi diem ad festum Sanctae Scholasticce Virginis. et veni ad diem meum apud Cantuariarn ; et in Ulo itinere dispendidi triginta septem soHdos et sex denarios. Et inde posuit mihi diem ad Lcetare Jerusalem, et veni ad diem meum Lundoniam; et in Ulo itinere dispendidi quadra gint a tres soHdos. Abhinc posuit mihi diem ad Miser icordiam Domini. Infra hunc terminum misi Robertum de Furn et Ricardum de Marci, propter Gaufridum de Marci, in quo itinere dispendiderunt decern soHdos ; et Robertus de Furn ibi amisit unum palefridum de duobus marcis. Et ego ipse ivi ad Episcopum Wintonicnsem ut certius breve de divortio facto perquirercm; et in illo itinere dispendidi triginta quatuor solidos et, quinque denarios. Et inveni Episcopum apud Ferham juxta Portcsmuc, et inde mecum reduxi Magistrum Jordanum Fantasma et, Nichohium de Chandos, qui testificarent viva voce quod Episcopus ante testiticaverat per breve suum. Et veni ad diem meum, munitus placitandi, apud Lundoniam. Et ibi dispendidi tredeeim solidos et quatuor denarios. Proofs and Illustrations 113 (8.) Abhinc positus est mihi dies ad Clausum P-entecostes ; Part n. et infra hunc terminum ivi ego ipse ad Episcopum Nincolnensem propter Magistrum Petrum, qui tunc erat cum eo apud Stafford. Et in Ulo itinere dispendidi viginti duos soHdos et septem denarios. Et Sampsonem, CapeUanum meum, misi propter Magistrum Stephanum de Binham, quem invenit apud Noriwicum : in quo itinere dispendidit novem soHdos. Et tunc veni ad diem meum apud Cantuariarn, cum clericis et testibus et auxiHis et amicis meis, munitus placitandi; in quo itinere dispendidi quatuor libras et duodecim soHdos, quia per duos dies ibi placitavimus. (9.) Inde posuit mihi diem ad octavas Apostolorum Petri et Pauli, et veni ad diem meum apud Wihingeham. Et in hoc itinere dispendidi viginti septem soHdos et duo denarios. Ab hinc posuit mihi diem ad festum Sancti Sixti ; et veni ad diem meum apud Lamheth, in quo itinere dispendidi octodecim soHdos et duo denarios. Inde posuit mihi diem ad Decollationem Sancti Johannis Baptiste, et tunc veni ad diem meum apud Cantuariarn ; et in Ulo itinere dispendidi viginti tres soHdos. Inde posuit mihi diem ad festum Sancti Lucce Evangelistce. (10.) Interim transfretavi, ut quaererem a Domino Rege licentiam appeUandi Romam ; et in Ulo itinere amisi unum palefri- dum, quem sexdecim soHdis emeram, et dispendidi sex marcas et quinque soHdos. Et, accepta Hcencia,, veni ad diem meum apud Lundoniam, et appeUavi Romam ad Lector e Jerusalem, et ad illud placitum dispendidi sedecim soHdos et octo denarios. Post hoc quaesivi breve Archiepiscopi appeUationis, et renuit mihi Ulud ibi dare. Sed posuit mihi diem recipiendi IUud apud Can tuariarn, ad quem diem veni, et recepi breve meum sine sigiUo; ut monstrarem iUud advocatis meis si rationabile esset: in quo itinere dispendidi quindecim solidos. Et postea misi breve iUud per Samsonem Capellanum meum Nincolniam, monstrare iUud Magistro Petro de Melide, in quo itinere dispendidit quinque solidos et sex denarios. Postea misi idem breve Magistro Ambrosio, quem invenit nuncius apud Binham, in quo itinere dispendidit octodecim denarios ; et, emendato brevi ab advocatis meis, reportavi Ulud Cantuariarn, ut insigUlaretur. Et, viso brevi, noluerunt iUud tale insigiHare ; sed aHud mihi tradiderunt sine sigiUo. Inde, accepto brevi, ivi monstrare iUud Episcopo Cicestrensi, et, audito ejus consiHo, recfii: in quibus itineribus dispendidi duas marcas argenti. Et iterum misi iUud breve p. vn. 8 114 Proofs and Illustrations Part ii. per Sampsonem, Capellanum meum, Magistro Petro, in quo itinere dispendidit dimidiam marcam argenti. Idem breve remisi Magistro Ambrosio apud Sanctum Albanum. Et, accepto eorum consiHo, et emendato brevi, ivi ad Archiepiscopum apud Wihingeham ; et ibi insigiUatum est breve meum ; et in hoc itinere dispendidi decern soHdos. Et cum redissem, misi Johannem, fratrem meum, apud Wintoniam, ut perquireret breve Episcopi, de testimonio divortii, ad Dominum Apostolicum. Et ego ipse ivi ad Episcopum dcestrensem,, quem inveni apud Sarum, ut testificaret divortium per breve suum Domino Apostolico, sicut antea fecerat Archiepiscopo; et in illo itinere dispendidi septemdecim soHdos, et Johannes novem soHdos; secundo et tertio misi eundem fratrem meum apud Wintoniam, antequam utile breve possem habere ; et in iUis duobus itineribus dispendidit novemdecim soHdos. Ex hinc paravi clericos meos, et misi illos Romam ; sciHcet Samsonem, CapeUanum meum, et Magistrum Petrum de Littleberia, et unum horn in em ad serviendum illis : in quorum apparatu, sciHcet in equis et in pannis, dispendidi quinque marcas argenti. Et in iUo itinere Romce, dispendiderunt viginti quinque marcas argenti. Et quando remeaverunt, dixerunt quod quadraginta soHdos plus quam eis tradideram dispendiderant, quos eis praestitit quidam Clericus Episcopi Nincolniensis, qui in comit atu eorum erat, quos UH reddidi. Et, accepto brevi Domini Papae, portavi Ulud Episcopo Cicestrensi et Abbati Westmonasterii, quibus missuxn fuerat. ut in eorum curia, deduceretur placitum meum ; et in his itineribus dispendidi octodecim soHdos et novem denarios. Postquam videnmt apos- toHcum praeceptum, statuerunt mihi diem placitandi, apud Westmonasterium, octavo die post festum Sancti Michaelis : et veni ad diem meum, cum advocatis et amicis et testibus et auxiliis meis ; et ibi morati sumus tribus diebus, antequam placitaremus, pro praeceptis Domini Regis, quibus Episcopus et Abbas intende- bant ; et in iUo itinere dispendidi quatuor Hbras et decern solidos. Et exinde posuerunt mihi diem, ad octavas Sancti Martini. Infra hoc terminum misi Johannem, fratrem meum, propter Gavfridum de Marci, qui mihi testis assisteret, qui pro infirmitate venire non potuit ; sed misit fihum suum in loco sui. Et in illo itinere amisit unum palefridum, quem einerat quindecim solidis; et dispendidit septem solidos et sex denarios. Ad quem diem veni, paratus et munitus placitandi, apud Lundoniam, quia spera- bam tunc judicium meum habere. Et ibi morati sumus quinque diebus; et ibi dispendidi centum et quatuor soHdos. Et ibi Proofs and Illustrations 115 appeUaverunt adversarii mei praesentiam Domini ApostoHci, ad Part n. festum Sancti Lucce EvangeHstae. Et quaesivi scriptum appel- lationis. Et statuerunt mihi diem apud Oxineford, ad festum Sancti Andrcece; ad quem diem veni, et moratus sum ibi per novem dies, antequam scriptum meum habere potuissem ; et ibi dispendidi triginta et quatuor soHdos. Et recepto brevi sine sigiUo, portavi Ulud Magistro Petro apud Nincolniam ad corrigen dum; et in iUo itinere dispendidi unam marcam argenti. Correcto brevi, portavi iUud ad Episcopum Cicestrensem apud Wintoniam ad octavas Epiphanies, ut ibi insigiUaretur. Et noluit Episcopus iUud insigUlare, quia Abbas Westmonasterii ibi non aderat ; et in isto itinere dispendidi duas marcas argenti. Sed postea, ad "Lcetare Jerusalem," apud Westmonasterium, insigillatum fuit, ubi viginti tres soHdos et quatuor denarios dispendidi. Postea adivi Archiepiscopum Eborum, propter breve suum ad ApostoH- cum, de prece, et ad Episcopum Dunhalmice propter breve suum ad ApostoHcum et ad Cardinales, quos inveni apud Eborum. Et redii per Episcopum Nincolnensem propter breve suum simifiter ad Dominum ApostoHcum, et ad Cardinales ; et in Ulo itinere dispendidi quadraginta et octo soHdos. Et cum inde redissem, perrexi ad Episcopum Wintoniensem propter breve suum, quem inveni apud Glastoniam, et ibi dispendidi triginta et duos soHdos. (11.) Postea, cum tempus appeUationis appropinquaret, paratis Clericis meis, misi ad Curiam Romanam, ubi morati sunt sexaginta et duos dies antequam meum judicium habere potu- issent; et ibi dispendiderunt undecim marcas argenti. Et inde redientes, attulerunt judicium de adulterio, unam cartam Archi episcopo, alteram Ricardo de Luci, tertiam mihi. Exinde cum cartis istis, perrexi ad Dominum Ricardum de Luci, quem inveni apud Rumesiam. Et ibi expectavimus adventum Domini Regis qui de Normannia erat venturus. Deinde secutus sum Curiam per tres septimanas, donee possem finire cum Rege. Et in Ulo itinere dispendidi quinque marcas argenti. Et quia taedebat Regem quod Dominus ApostoHcus nullum breve ei miserat, mox in crastino direxi nuncium meum propter breve a Domino Apos- tolico ad eum; quod nuncius meus mihi attufit ad clausum Pascha apud Windlesoram ; et in Ulo itinere dispendidit nuncius quinquaginta soHdos. (12.) Igitur postquam cum Domino Rege finieram, per praeceptum Domini Regis statuit mihi Dominus Ricardus diem 8—2 116 Proofs and Illustrations Part ii. placitandi, ad mediam Quadragesimce, apud Lundoniam. Et tunc erat ibi ConciHum ; et veni Uluc cum amicis et auxilfis meis. Et quia pro negotio Regis non poterat intendere ad hoc placitum, moratus sum ibi quatuor dies, et ibi dispendidi quinquaginta soHdos. Exinde posuit mihi diem ad clausum Pascha, et tunc fuit Rex et Dominus meus Ricardus apud Windlesoram. Et ad iUum diem veni cum amicis et auxiHis meis, quotquot habere potui. Et interim misi Johannem, fratrem meum, propter Ranulfwm de Glanvilla, ubi unum palefridum amisit, quem emerat viginti soliclis, et dispendidit dimidiam marcam in Ulo itinere. Et quia non poterat Dominus Ricardus intendere huic loquelae, propter loquelam Henrici de Essexia, prolongatum est judicium de die in diem, donee veniret Rex ad Redingiam. SimUiter apud Redingiam prolongatum est de die in diem, donee venit ad Wai- lingeford. Et in hoc itinere dispendidi sex Hbras et quinque soHdos. Et exinde, quia Dominus meus Ricardus ibat cum Rege in Walliam, posuit loquelam istam in Curia Comitis Leicestrioe apud Lundoniam; et iUuc veni, et in Ulo itinere dispendidi triginta quinque soHdos et septem denarios. Et quia nihU proficiebam in placito meo, misi ad Dominum meum Ricardum, in Walliam, ut praeciperet quod placitum meum non prolongaretur. Et tunc mandavit per breve suum Ogero Dapifero, et Radulpho Britoni, quod sine dilatione tenerent mihi justitiam. Et statuerunt mihi diem apud Lundoniam ; et nuncius idle quinque soHdos dispendidit. (13.) Veni igitur ad diem meum cum amicis et auxiHis meis, ubi viginti septem soHdos et quatuor denarios dispendidi. Exinde summoniti sunt adversarii mei per breve Domini Regis, et per breve Domini mei Ricardi, ut coram Rege es-ent : et venimus coram Rege apud Wudestoche, ubi per octo dies morati sumus; et tandem, gratia Dei et Rogis, et per judicium curiae suae, ad judicate est mihi terra avuncuH mei. Et ibi dispendidi septem libras et decern solidos. (14.) Ha>c sunt dona qua- dedi in Curia Archiepiscopi Placita- toribus et Clericis mihi auxiliautibus. sciHcet undecim marcas argenti. Et in curia Domini Wintoniensis. quatuordecim marcas argenti, et Magistro Petro de Melide decern marcas, et unum annulum aureum de dimidia marca argenti. Et Magistro Roberto de CIrimai unam marcam. Et in Curia Regis dispendidi, in donis, in auro cd in argento et in equis. sedecim marcas et dimidiam. Et Magistro Petro de Litilcberia dedi quadraginta solidos. Et in ceteris placitetoribus de amicis meis, qui ad placita mea solebant Proofs and Illustrations 117 venire, dispendidi in argento et in equis donandis duodecim Part II. marcas et dimidiam. (15.) Radulfo, Medico Regis, dedi triginta sex marcas et dimidiam; Regi, centum marcas. Et Regince, unam marcam auri. (16.) In primo anno placiti mei, quando misi Johannem fratrem meum ultra mare, pro praecepto Regis, mutuavi iUos quadraginta soHdos, quos dispendidi, a Vive, Judaeo de Cante- briggia, ad usuram, Hbram per septimanam pro quatuor denariis. Et istos denarios tenui quatuordecim mensibus; de quibus reddidi pro gablo, triginta septem soHdos et quatuor denarios. Et hoc fuit die tertio post mediam Quadragesimce. (17.) Et ad Pascha postea, praestitit mihi idem Vives sex- aginta solidos: Hbram pro quatuor denariis per hebdomadam, quos tenui sex mensibus, de quibus reddidi pro gablo viginti quatuor soHdos. (18.) Et quando ego ipse transfretavi, pro praecepto Regis placitandi, tunc praestitit mihi Comitissa de Cantebriggia quatuor libras et decern soHdos ; quos dispendidi in Ulo itinere : Hbram pro quatuor denariis per hebdomadam, quos tenui novem mensi bus, de quibus reddidi pro usura quinquaginta quatuor soHdos. Et quando ivi propter Magistrum Petrum, apud Stafford, tunc praestitit mihi Bonenfaunt, Judaeus, quinquaginta soHdos : Hbram pro quatuor denariis per hebdomadam. Istos denarios tenui quinque mensibus, de quibus reddidi pro usura, sedecim solidos et octo denarios. (19.) Et ad clausum Pentecostes, quando placitavi apud Cantuariarn, tunc praestitit mihi Deulecreise, Judaeus, quadraginta solidos, quos tenui duobus mensibus, Hbram pro quatuor denariis per hebdomadam, de quibus reddidi pro usura, quinque soHdos et quatuor denarios. (20.) Et quando transfretavi Hcenciam quaerere appeUandi, tunc prasstitit mihi Jacobus, Judaeus de Niuport, sexaginta soHdos, hbram pro quatuor denariis per hebdomadam, quos tenui tredecim mensibus; de quibus reddidi pro usura quinquaginta duos solidos. (21.) Et quando misi Clericos meos Romam, tunc praestitit mihi Hakelotus, Judaeus, decern Hbras, Hbram pro tribus denariis per hebdomadam, quas tenui septem mensibus; de quibus reddidi pro usura sexaginta soHdos et decern denarios. 118 Proofs and Illustrations Part ii. (22.) Et post festum Sancti Michaelis, quando prius placitavi in Curia Episcopi Cicestrice et Abbatis Westmonasterii, tunc praestitit mihi Hdkelotus, Judaeus, sexaginta soHdos: Hbram pro tribus denariis per hebdomadam, quos tenui tribus mensibus, de quibus reddidi pro usura novem soHdos. (23.) Et ad festum Sancti Martini, quando replacitavi in Curia praedictorum Judicum, tunc praestitit mihi Jacobus, Judaeus de Niuport, septuaginta soHdos : libram pro quatuor denariis per hebdomadam, quos tenui octo mensibus ; de quibus reddidi pro usura triginta septem soHdos et quatuor denarios. (24.) Et ad eundem terminum, praestitit mihi Benedictus, Judaeus Lundonice, decem soHdos pro duobus denariis per heb domadam, quos tenui tribus annis, de quibus pro usura reddidi viginti sex soHdos. (25.) Et quando portavi breve appeUationis meae apud Win toniam, ad Episcopum Cicestrice, ut ibi insigillaretur, tunc praestitit mihi Jacobus, Judaeus, centum soHdos : Hbram pro tribus denariis per hebdomadam; quos tenui decem mensibus, de quibus reddidi pro usura quinquaginta soHdos. (26.) Et quando remisi Clericos meos ad ApostoHcam Curiam, tunc mutuavi de Hakeloto, Judaeo, quatuor Hbras, Hbram pro tribus denariis per hebdomadam, quos tenui sex mensibus; de quibus reddidi viginti quatuor soHdos pro usura. (27.) Et quando ivi ad placitum meum apud W indleshores, tunc praestitit mihi Deulacreise, Judaeus. quadraginta solidos, libram pro tribus denariis per hebdomadam. quos tenui quatuor mensibus; de quibus reddidi pro usura octo soHdos. Et in eodem itinere de W indleshores . quia defecerunt mihi denarii, mutuavi de Bruno, Judaeo, dimidiam marcam, pro tribus obolis per hebdomadam, quos denarios tenui decem septimanis, unde pro usura reddidi quindecim denarios. Et in eodem itinere, apud Reding, praestitit mihi Hakelotus, Judaeus, quem ibi inveni, triginta soHdos: Hbram pro tribus denariis per hebdomadam, quos tenui quinque mensibus, de quibus pro usura reddidi septem solidos et sex denarios. (28.) Et quando ad judicata est mihi terra Avuncufi mei, apud Wudestoche. tunc praestitit mihi Mirable, Judaea de Niuport, quatuor Hbras et decem soHdos ; Hbram pro quatuor denariis per hebdomadam, quos tenui per unum annum, de quibus pro usura reddidi sexaginta et octodecim soHdos. Proofs and Illustrations 119 (29.) Et quando reddidi Rodulfo Medico denarios suos, ad Part n. primum terminum, tunc praestitit mihi Hakelotus, Judaeus, sep tem libras, Hbram pro tribus denariis per hebdomadam, quas tenui anno et dimidio, de quibus reddidi pro usura sex Hbras et sedecim soHdos et sex denarios. Et ad aHum terminum praestitit mihi Comitissa de Cantebriggia centum soHdos, quos tenui duobus mensibus, Hbram pro tribus denariis per hebdomadam, de quibus reddidi pro usura decem soHdos. (30.) Ad hoc, Pascha praeteritum, transacti sunt duo anni, quod reddidi ad Scaccarium quinquaginta marcas argenti, de promissione Regis, de quibus praestitit mihi Hakelotus, Judaeus, viginti Hbras, Hbram pro duobus denariis per hebdomadam; unde adhuc debeo et catallum et lucrum totum ; et assuperatum est gablum usque ad viginti sex marcas argenti. Iterum ad proximum Pascha postea, reddidi ad Scaccarium viginti quinque marcas argenti, de quibus praestitit mihi Hakelotus, Judaeus, septem libras, Hbram pro duobus denariis per hebdomadam: unde adhuc debeo ei lucrum et catallum totum; et assuperata est usura usque ad sexaginta soHdos et octo denarios. (31.) Iterum ad festum Sancti Michaelis reddidi ad Scac carium decem marcas, de quibus praestitit mihi Hakelotus, Judaeus, quadraginta soHdos, Hbram pro duobus denariis per hebdomadam ; quos tenui tribus mensibus, de quibus reddidi pro usura quatuor sofidos. 120 Proofs and Illustrations Part II. LAWS OF THE CONQUEROR. (See Part i., I havb already stated my reasons for supposing that the Latin p. 44, notea> text, hitherto unpublished, of the Statute or Capitular which professes to contain the laws granted by the Conqueror to the Enghsh people, is an authentic document; and it is the more valuable, because it must be considered as the principal source whereby the written Anglo-Saxon Law was first diffused into the Common Law. The Romanic text, now given in a correct form, is a curious monument of language, though we may deny its coeval antiquity. The accompanying comment might have been extended to a much greater length ; but I have only attempted to elucidate those portions which are connected with the juris prudence of the subsequent age. Upon the versions, or rather paraphrases, which I have added of some few extracts from the Anglo-Saxon Laws, I must observe, that, with the exception of those technical terms and phrases for which no modern equivalent can be found, I have not considered it advisable to labour to Saxonize either the idiom or the expressions. The plan of rendering each Anglo-Saxon word by the word which approaches nearest to it in our vernacular language, may be thought to ensure both energy and accuracy ; but this opinion rests upon mistaken grounds. It is one of the consequences of the alteration of language, that many of the terms which were originaUy general, become restricted to a special signification. Others again are diverted to new applications, and designate new ideas: by borrowing the sound from the antique nomenclature, we there fore often lose the sense of the ancient phrase; and, with the shew of precision, we depart widely from the true meaning of the original. Proofs and Illustrations 121 MS. HARL., NO. 746. Part II. Ist^; sunt leges et consuetudines, quas Willelmus Rex, post adquisitionem Anglice omni populo Anglorum concessit tenendas; eaedem videHcet, quas Predecessor suus et Cognatus, Edwardus Rex, servavit in Anglorum regno. holkham MS., no. 228 a. Cez sunt les leis e les custumes que li Reis Will, grantad al pople de Engleterre, apres le cunquest de la terre. Iceles meimes que H Reis Edward sun cusin tint devapt lui. [These are the laws and customs, which King William, after the acquisition of England, granted to aU the people of England to be kept by them ; the same to wit, which his Predecessor and kinsman, King Edward, maintained in the realm of England.] I. De pace et immunitate Ecclesice. Pacem et immunitatem ecclesiaa sanctae concessimus. Cujus- cumque criminis reus, si ad ecclesiam confugerit, pacem habeat vit83 et membrorum. Quod si quis in eum manus injecerit violentas, et ecclesiae immunitatem fregerit, in primis restituat plenarie ablata, et insuper de forisfacto, si cathedraHs fuerit ecclesia, vel cenobium, vel quaecumque refigiosorum ecclesia, Ceo est a saver, pais a seinte igfise. De quel forfeit que horn fet oust, e il poust venir a seint igHse, oust pais de vie e de menbre. E si aucuns meist main en celui ki la mere igfise requereit, si ceo fust u evesque, u abeie, u igHse de refigiun, rendist ceo qu'il aureit [Concerning the peace and immunity of the Church. We have granted peace and immunity to Holy Church. If a man guilty of any crime take refuge in a church, let him have peace of life and limb. And if anyone lay violent hands on him and break the immunity of the church, let him first restore fully what has been taken away and in addition pay as forfeit, should it be a cathedral or con ventual church or any church of religious (i.e. persons vowed to a I owe the use of this most valuable Manuscript1 to the kind ness of its distinguished owner. The volume bears the autograph of Coke, and has been quoted by him. The additions marked F. are from the text included in Ingulphus, as published by FeU. 122 Proofs and Illustrations Part n. centum solidos; si matrix ecclesia parocbiaHs, xx sohdos; si capeUa, x solidos. pris, e cent souz lc forfeit. E de mere igfise de parosse, vint souz, E de chapele diz souz. religion), one hundred shillings; if it be the mother church of a parish, twenty shillings ; if a chapel, ten shiUings.] II. De pace Regia. Qui pacem regiam infregerit, secundum Merchenalahe, c. solidos pcenae succumbet. Similis de hamfare et insidiis prae- cogitatis poena delinqueiitcrn manet. Secundum Denelahe poena infractae pacis regiae cxlifij Hbras, et forisfactum Regis quod ad vicecomitem pertinet, sciHcet xl. soHdos in Merchenalahe et 1. soHdos in Westsaxenelahe. Quod si vicecomes vel praepositus convictus fuerit coram justitiariis Regis erga homines suae baUiae deHquisse, duplo forisfactum majus reportabit quam afii in pari delicto. Si quis eorum, qui habent soche et sache et tol et them et infangenetheof, implacitetur in comitatu, et in forisfactum cadat, E ki enfreint pais le Rei, en Merchenelahe, cent souz les amendes. Autresi de hemfare e de agwait purpense ; icel plait afert a la curune le Rei. E si aucuns Vescunte u Provost meffait as humes [de sa bailfie] e de ceo seit ateint devant justise, le forfeit est a duble de ceo que auter fust forfeit. E ki en Denelahe enfreint la pais le Rei, set vint Hvres e quatre les amendes. E les forfez le Rei, ki aferent al Vescunte, cinquante souz en Merchenelahe, e en Westsexenelahe quarant souz. E cd francs hom ki ad e sache e soche, e toll e tern, e infangentheof, se il est enplaid6, e il [Concerning the King's Peacf. He who breaks the King's peace, according to the Mercian district. shall be subject to a fine of one hundred shillings. A similar fine awaits an offender in the case of hamfare (attack upon a house) and premeditated ambush. According to the Danelaw, the penalty for breach of the King's peace is one hundred and forty-four pounds and the King's forfeit, which pertains to the sheriff, to wit forty shillings in the Mercian district and fifty shillings in West Saxon district. But if any sheriff or reeve be convicted before the King's justices of mis conduct towards the men of his bailiwick, he shaU pay a forfeit twice as much in amount, as others would in a like offence. If any of those who have soe and sac and tol and theam and infangthef be impleaded Proofs and Illustrations 123 erit ejus forisfactum ad opus vicecomitis xl ores in Danelahe : Part n. aliorum autem qui non habent hanc Hbertatem, erit forisfactum in simHi casu xxxij ores, de quibus vicecomes ad opus regium x ores accipiet, et ei qui in earn optinet xij ores restituentur. Residuum autem, id est x ores, ad dominum in cujus feudo manet, deveniet secundum Denelahe. seit mis en forfeit el Cunte, afert al os le Vescunte en Denelahe quarant ores. E de eel hume ki ceste franchise n'en ad, trente e deux ores. De cez trente e deux, averad le Vescunte al os le Rei, dis ores, e cil ki le plait averad deredne vers lui, duze ores. E le Seinur en ki fiu il meindra, les dis ores. Ceo est en Denelahe. in the county-court and falls into forfeiture, his forfeit shaU be forty ores1 in the Danelaw for the fund of the sheriff, but the forfeit of others, who have not this privuege, wiU be in a simUar case thirty two ores, of which the sheriff shaU receive ten ores for the benefit of the King, and there shall be restored to him who succeeds in the case2 twelve ores; and the remainder, that is ten ores, will come to the Lord in whose fee the offender dweUs, that is in the Danelaw.] III. De plegiatis fugientibus. Si quis appeUatus de latrocinio vel roberia plegiatur ad habendum ad justitiam, et interim fugerit, in Merchenelawe dabitur plegio respectus unius mensis et unius diei, quaerendi fugitivum, quem si infra terminum praescriptum invenerit, justitiae offerat; si minus, jurabit duodecima manu quod hora, qua, eum plegiavit, nescivit quod latro esset, quod consiHo aut La custume en Merchenelahe est, si aucuns est apele de larrecin u de roberie, e il seit plevi a venir devant justise, e il s'en fuie dedenz sun plege, il averad terme un meis e un jur de querre le ; e s'il le pot truver dedenz le terme, sil merra a la justise. E s'il nel pot truver, si jurra sei duzime main que al hure qu'il le [Concerning those who take to flight when under bail. If any man be appealed of theft or robbery and be under pledge to come to justice and in the meantime take to flight, there shaU be granted to the pledgor, according to the Mercian district, grace for one month and a day to look for the fugitive, and if he find bim within the prescribed time, he must bring him to justice ; but if not, he wiU swear twelve-handed3 that he did not know when 124 Proofs and Illustrations Part ii. ope sua non fugerit, et quod eum habere non potest ad justitiam. Deinde cataUum reddet pro quo fuit attachiatus, et xx. soHdos pro capite fugitivi et Hij denarios cippi custodi, et obolum pro fossorio, et insuper regi xl. soHdos. Juxta Westsaxenelahe in tali casu dabit c. soHdos pro capite. [xx sohdos] ilfi qui clamium pro- secutus est, et Regi iiij libras. At vero in Denelahe, in tali casu, forisfactum est viij Hbrarum, quarum vij. Regis erant, octava autem pro capite calumniati dabitur, quod si infra annum et diem poterit latronem repertum justitiae offerre, reddetur ei libra, quam pro capite calumpnians accepit, et de latrone justitia fiat. plevi, larrun nel sont, ne par lui s'en est fuid, ne aver nelpot. Dune rendrad le chatel dunt il est retez, e vint souz pur la teste, e quatre deners [al] ceper, e une maiUe pur la besche e quarante solz al Rei. E en Westsexenelahe, cent sols : vint sols al clamif pur la tesste e quatre fibres al Rei. En Denelahe, oit fibres le forfeit, les vint sols pur la teste, les sept fibres al Rei. E s'U pot dedenz un an e un jur truver le larrun, e amener a justise, si lui rendra cil les vint sols, kis averad oud [ ?] si n'ert feite la justice del larrun. he became pledge for him that he was a thief, that he did not take to flight through any counsel or aid from him and that he is not able to bring him to justice. Then wdl he m aendde°rper5°nal nan(i — "Cyninges handsealde grith," or by the Monarch giving his personal pledge that both parties should abstain from hos tilities. It might be given in the same manner by the Earl or by the Gerefa; in the Wapentake or in the "Alehouse." But the breach of the King's Peace exposed the offender to very heavy fines, or even to capital punishment, whilst in other cases byttie Ktag^ren more moderate penalties were imposed upon tbe transgressor. th" orfgin oi the Peace is stated in Domesday to have been given by the King's later periods. seal, that is to say, by a writ under seala. This practice, which a Pax data manu Regis, vel sigiUo ejus, si fuerit infracta, Regi solummodo emendetur per duodecim hundredos, ununiquodque hundredum octo libras.— Pax a Comite data et infracta, ipsi Comiti per sex hundredos einendatur, ununiquodque hundredum octo libras (Kveruicshire, p. 298). — Pax data manu Regis vel suo brevi, vel per suum legatum, si ab aliquo fuisset infracta. inde Rex centum solidos babebaf; quod si ipsa pax Regis, jussn ejus a Comite data, fuisset infracta, de e. sofidis, qui pro hoc dabantur, tertium denarium Comes habebat; si vero a Pneposito Kegis, aut a Ministro Comitis eadem pax data infringeretur, per quadraginta solidos ernendebatur, et Comitis erat tcrtius denarius. Si quis liber homo, Regis Pacem datam [150] Proofs and Illustrations 151 is not noticed in the Anglo-Saxon laws, continued in the pro- Part n. tections granted at a much later period ; though after the general law of the King's Peace was established, such a charter had ceased to afford any special privilege. AU the immunities arising from residence within the verge or ambit of the King's presence — from the truces, as they are termed in the Continental laws, which recurred at the stated times and seasons — and also from the "handseUed" protection of the King, were then absorbed in the general declaration of the Peace upon the accession of the new Monarch. This custom was probably introduced by Henry II. It is inconsistent with tbe laws of Henry I., which, whether an authorized coUection or not, exhibit the jurisprudence of that period, but it is wholly accordant with the subsequent tenor of the proceedings of the Curia Regis. peace, ^Sow On the accession of John, or rather after he had acquired l^^^noi his inchoate right of accession, we find the ceremony particularly parti.fp. z33). infringens in domo, hominem occidisset, terra ejus et pecunia tota Regis erat et ipse utlagh fiebat. (Cestrescire, p. 262.) Si quis occiderit hominem pacem Regis habentem, et corpus suum et omnem sub- stantiam forisfaciebat erga Regem. (Berochescire, p. 56.) [If the King's Peace, given by his own hand or by his seal, be broken, amends shaU be made to the King alone by twelve hundreds, each several hundred paying eight pounds. If the peace given by an Earl be broken amends are made to the Earl himself by six hundreds, each several hundred paying eight pounds. (Yorkshire, p. 298.) If the King's Peace given by his own hand or by his writ or by his agent be broken by any man, the King had one hundred shUlings therefor; but if the King's Peace, given at his bidding by an Earl, were broken, the Earl had the third penny of the hundred shillings paid for such a breach. But if the same Peace given by a Reeve of the King or by a minister of the Earl were broken, amends were made by forty shiUings and the Earl received the third penny. If any free man made a breach of the King's Peace given in the King's house and kiUed a man, his land and aU his money became the pro perty of the King and the man himself became an outlaw. (Cheshire, p. 262.) If any man kUled a person having the King's Peace, he forfeited his body and all his substance to the King. (Berkshire, p. 56.)] These extracts, together with the other passages quoted, Part I., p. 233, will sufficiently establish the position in the text. Outlawry was equivalent to a sentence of death, since the offender might be slain with entire impunity. 152 Proofs and Illustrations Part n. described. Hubert, Archbishop of Canterbury, and William Mareschal, who had been sent to keep the peace of England, caused all the men of the Cities and the Boroughs — aU Earls, Barons, and Freeholders, to swear that they would be faithful and keep the peace of John, Duke of Normandy, son of King Henry, son of Maud, the Empress, against aU mena. After the Proclamation ot decease of Henry III- the same proceeding was repeated; and the Peace on J . the accession of though, in consequence of the greater stability which was now Parti., P. 251). attached to the principles of fineal succession, Edward was aHeady considered as King, still the aUegation that the trespass was committed after the proclamation of the King's Peace by his Magnates" appears to have been required in order to ground the jurisdiction of the King's Council when a civil action was brought against the offender ; and hence it may be inferred that, before the Proclamation, the King's Court had no such authority. " Were," or Pecuniary Compensation for Personal Injuries. (VII. to XII.) These fines, the most ancient safeguards of the ad mini strati on -were," i.e. of Teutonic justice, are detailed with greater minuteness in the damages or .^ compensation laws of Ethelbert. In case of murder of a freeman, the first paid for blood shed or personal instalment of twenty shillings was to be paid at the open grave. injuries — (see .0 r r o Part 1., p. 35). 0r down upon the coffin c, and the residue within forty days. If a Hoveden, p. 450. b Norff. Stephanus, Serviens Personae de Bekeswelle attachiatus fuit ad respondendum Willielmo Belet, quare, post pacem Domini Regis per Magnates suos nuper pubbce clamatam, usque ad curiam prsedicti Willielmi Belet de Marham. vi et armis accessit, et domos ibidem prostravit, et combussit, et alia enormia ei intulit, &c. — Placita coram ConsUio Domini Regis. Trin. 1 Ed. I. [Norfolk : Stephen, Serjeant of the Parson of Bexwell. was attached to answer William Belet, why, after the peace of our Lord the King had lately been openly proclaimed by his Magnates, he attacked the court of the aforesaid WiUiam Belet of Marham with force and arms and razed the houses there and burnt them and committed other grave offences against him. &c. (Pleas before the Council of the Lord King. Trin. 1 Ed. I.)] 0 Gif man mannan of shot h 8Bt openum grade, xx scdlinga for- gelde.1 [If any one kill a man, let compensation be made at the open grave by payment of twenty shillings.] WUkins supposes that this law relates to offences committed Proofs and Illustrations 153 the offender fled the country, his "Magas" were to pay the half; Part n. one of the many proofs of mutual responsibility of clan and (Pan i., PP. 57, kindred. The scale for personal injuries, inside and outside, IS and from head to foot, is extremely curious, as wdl appear from the foUowing specimens. If the hair be plucked or puUed, let fifty sceattas be paid in compensation. If the scalp be cut to the bone [of the scuU], so that the latter appear, let compensation be made by payment of three shillings. If the bone of the scuU be injured, let compensation be made by payment of four shiUings. If the outer bone of the scuU be fractured, let compensation be made by payment of ten shillings a. If both the bones [of the scuU] be fractured, let compensation be made by payment of twenty shillings. If the shoulder be lamed, let compensation be made by pay ment of twenty shillings. If either ear lose its hearing, let compensation be made by payment of twenty-five shillings. If an ear be cut off, let compensation be made by payment of twelve shillings. If an ear be cut through, let compensation be made by pay ment of three shillings. If a piece of the ear be cut off, let compensation be made by payment of six shillings. If an eye be lost, let compensation be made by payment of fifty shillings, If an injury be done to the mouth or tbe eye, let compensation be made by payment of twelve shillings. If the nose be run through, let compensation be made by the payment of nine shillings. at a funeral. Si quis aliquem occiderit ad apertum sepulchrum, xx solidos compenset (p. 3). By merely changing the position of the comma, the true sense is obtained. Gif man mannan ofslseth, set openum graefe xx scifiinga forgelde. a Gif sio uterre hion1 gebrocen weordeth x scUIingum gebete. Si id penitus ipsi rumpatur, x sofidis compenset. (WUk.) Tfie translation is unintelligible, but the reading of the text may be easUy restored by comparison with the tariff of Alfred, who, amongst his head-wounds, includes the foUowing fracture: — Gif thaat uterre ban bith thyrel, gesylle fiftyne sciUing to bote.2 [If the outer bone is pierced, let compensation be made by payment of twenty shiUings.] 154 Proofs and Illustrations Part ii. If one of the cheeks be pierced, let compensation be made by payment of three shiUings. If both, let compensation be made by payment of six shillings. If either of the nostrils be cut out, let each be compensated by payment of six shiUings. If either be cut through, let compensation be made by pay ment of six shillings. Whoever fractures the chin-bone, let him forfeit twenty shillings for the offence. For each of the four front teeth, six shillings. For the tooth that stands by the front teeth [on either side] four shillings. For the tooth that stands bv the last -mentioned tooth, three shiUings ; and for every other tooth, one shilling. If the speech be affected, twelve shillings. If a shoulder blade be broken, let compensation be made by payment of six shiUings a. Whoever pierces the arm, shaU make compensation by pay ment of six shillings. If an arm be broken, let compensation be made by payment of six shillings If a thumb be cut off, let compensation be made by payment of twenty shillings; and for a thumb-nad three shiUings. If the shooting-finger (i.e. the forefinger) be cut off, let compensation be made by payment of nine shillings. If the middle finger be cut off, let compensation be made by payment of four shUHngs. If the gold finger (i.e. the ring or third finger) be cut off, let compensation be made by payment of six shillings. If the little finger be cut off, let compensation be made by payment of eleven shillings » Gif wido ban gebroced weordeth vi. scill. gebete. Si Maxilla fracta fuerit, sex solidi compensentur. (WUk.) [If the shoulder blade be broken, let the offender make compensation with six shillings. If the jaw bone be fractured, let six shUlings be paid as compensation.] WUkins, in this, as in many other instances, guessed at hap-hazard. The term is satisfactorily interpreted by the Frisic dialect: " Wideben, dat is sculterblad;" i.e. wideben, the shoulder blade, the wide or broad bone. — llofm. Obs. apud Wiarda. B. W., p. 140. [Wideben, that is shoulder blade.... Hoffmann, Observations in Wiarda, Wifikuren der Broekmanner (Free choices of the Brockmannen, i.e. special Landlaw of the Brokmer Land).] Proofs and Illustrations 155 For every [finger] nail, one shilfing. Part n. For the smaUest disfigurement or deformity [in the counten ance], three sMlfings; and for a larger one, six shillings a. If one man hit another on the nose with his fist, let com pensation be made by payment of three shillings. If there be a bruise on the nose, one shilfing. If the injured party receive a bruise on the right hand, let the other make compensation by payment of one shilling b. a Mt tham lserestan wlitewamme in. scill'. and set tham maran vi. scill'. — Wilk., p. 6. The foUowing parallel passages are striking proofs of the sinhlarity between the legal terminology of the Anglo-Saxons and of their Continental kindred. Pro minimo nsevo tres solidi, et pro majoribus sex solidi. Si os fregerit vel uulituam1 fecerit, corpus, vel coxum, vel brachium perforaverit, ccxl. sol. vel cum undecim juret. — Lex Saxonum, tit. i. § 5. [For the smaUest disfigurement three shillings ; for larger ones six shillings. If he break a bone or make uulituam, or stab the body or the thigh or the arm, let com pensation be made by payment of two hundred and forty shiUings or let him take an oath with eleven others. (Law of the Saxons, tit. i. § 5.)] Uulitiuam 1. solid, componat, vel cum sex juret. — Lex Anglorum, tit. v. § 10. [Let fifty shillings be paid in compensation for uulituam or let the aggressor take an oath with six others. (Law of the English, tit. v. § 10.)] Sa is thi wlitewlemelsa tian skitt. — Asega Buch, p. 179. "So is any deformity to be compensated by payment of ten shillings." I translate the translation of the learned Wiarda. But is not the word skitt, which occurs not unfrequently in his text, equivalent to the Anglo-Saxon sceatta% Wlitewimmelsa is xxxh. penninge. — Old Frisic Laws, p. 362. Si ex percussione deformitas faciei Ulata fuerit, quse de duodecim pedum longitudine possit agnosci, quod wlitiuam dicunt, ter iv. sol. componat. — Lex Fris. add. Sap. hi. 9. § 16. [If, in consequence of a blow, any disfigurement be inflicted on the countenance and this disfigurement can be seen at a distance of twelve feet, which they call uulituam, let compensation be made by payment of twelve shUlings. (Law of the Frisians, Supplement, iii. 9. § 16.)] b Gif he heahre2 handa dyntes onfehth scill' forgelde [If he shall deliver a blow with the hand raised, let compensation be made by payment of a shining]; which Wilkins translates, "Si elata manu plagam exceperit, solido compenset"; — but "heahra hand" means the higher or right hand. Hogra-hand, S.G.— Ihre. In the Gothic dialects the right and the left seem to have been so denominated from relative position with respect to the sun. Looking towards the east, the south 156 Proofs and Illustrations Part ii. If a Hvid bruise be occasioned in a part which is not covered by the dress, let compensation be made by payment of thirty sceattas. If the bruises be covered by the dress, twenty sceattas for each. If the midriff be wounded, let compensation be made by payment of twelve shillings. If the midriff be pierced, let com pensation be made by payment of twenty shillings. If the "cear" be wounded, let compensation be made by pay ment of three shillings a. If a man be emasculated, let compensation be made by pay ment of a triple "leodgeld." If a thigh be broken, let compensation be made by payment of twelve shiUings. If, in consequence of a fracture, the party become lame, then the relations may arbitrate. If a rib be broken, let compensation be made by payment of three shillings. If a thigh be stabbed, six shiUings for every stab. If the stab. be above one inch in depth, one shilling more; if above two inches, two shiUings more ; if above three inches, three shillings more. If one of the vertebrae be wounded, let compensation be made by payment of three shillings is on the right when the sun is at the highest. On the left is the north, the region of obscurity ; and hence the left is denominated Winestre (A.S.), Wcenster (S.G.), Winister (Alem.), which are aU derived from the same root as Finster (Germ.), i.e. dark. An analogous idiom prevails in the Celtic dialects : Dehou. or Deheu. signifies the right, and the south; Chuith, the left, and the north (Baxter, Gloss. 104, 250). These expressions are retained by their Latin writers, such as Nennius and Asscr. a Gif man cear wund iii scUl gebete. Si callum quis vulneraverit, tribus sofidis emendet. Cear in MS. Roff. extat. ex incuria scribse pro wear positum esse credo, quia cear non est vox Saxonica (Wilkins). [If any one shall wound the skin (callum) let him pay a fine of three shillings. "Ccar" is found in the Rochester Text; I beheve that it is inserted instead of "wear'' through the carelessness of the scribe, because "cear" is not a Saxon word.] The emendation proposed by ^Vilkins is not very satisfactory;— perhaps we should read eeac, check ; or, without any alteration, may not, the word cear be the root of cara, R.L., chiere, R.F., and cheer, O.E., face or countenance?1 Proofs and Illustrations 157 If a foot be cut off, let a fine of fifty shiUings be incurred. Part n. If the great-toe be cut off, let a fine of ten shillings be incurred. For every other toe, half the fine above declared for tbe corresponding fingers a. If the great-toe naU be cut off, let thirty sceattas be paid for compensation. For every other toe nail, ten sceattas. In the laws of Alfred, the "weres" are no less extensive; but the rates are usuaUy, though not uniformly higher, probably owing to the greater plenty, and consequent depreciation of tbe currency. The plaintiff must not heighten the "Leech-fee" (see above, p. 128), by paying tbe surgeon more than he ought fairly to demand, for the purpose of increasing the costs of the defendant. And the defendant on his part must make due excuses, and acknowledge that, for the sum which he pays, he himself would have pardoned the Hke injury. These regulations, which appear for the first time in the laws of WiUiam, betray tbe increasing inefficacy of this mode of compensation. The Scandinavians have preserved the impressive "Tryg- Scandinavian Samal," the Assurance of Truce, which stayed the hand of the 1™*'™?° avenger. — "Strife was between Harold and Thorwald," spake given upon the the Judge; "but now I and the country have set peace between biood-fine. them. The fine hath been told which the Deemsters doomed; and let them be friends in tbe guild and the guesting-house, at the feast and in the folcmoot, in the church and in the haU." "May he who breaks bis plighted troth be banished and driven from land and home, as far away as man may flee. Let him be a forflemed man, whilst fire shaU flame, whilst the grass shaU spring, whUst the fir-tree grows, whUst the babe shaU greet after the mother, whilst the mother shaU give suck to the babe, whUst the ship shall sad, whilst the shield shall glitter, whilst the sun shall shine, whilst the hawk shall soar, whilst the heavens shaU roU, whilst the wind shaU howl, whUst the waves shaU flow; — let him be forbidden from church and from Christendom, from the house of God and the feUowship of aU good men, and never a Mt tham othrum taum gehwUcum, healf gelde, alswa set tham fingrum is cwiden. Pro afiis digitis pedis singulis dimidium pretii, sieut de digitis manus dictum est, solvatur.— WUk., 6. [For each of the other toes, half the compensation that is prescribed for the fingers.] 158 Proofs and Illustrations Part II. Feud arising from bloodshed, the affair of the whole clan or kindred, not merely of the offender. "Appeals" at Common Law substituted for the "Feud" or "Faida" of the Anglo-Saxonperiod, Andrew Horn's "Mirror of Justices," com piled in the reign of Edward IL, contains apocry phal accounts of Anglo-Saxon laws, &c. let him find resting place except in heU4."1 Where such a cere mony prevailed, the peace was evidently most binding, solemn and conclusive. In England it may be doubted whether tbe acceptance of the settled "were" or blood-fine was in aU cases compulsory upon the kinsmen. And the proverbial expression, "Bige spere of side, other bser, id est Eme lanceam a latere, aut ferb" [Buy the spear from the side or bear it], seems to imply that whatever may have been the law, the custom aUowed the relations to carry on the war, for it is thus that the feud was termed, until the one Clan or Family was fairly defeated, or tiU both were tired into a compromise. And it may be remarked, that even to the last, the Anglo-Saxon law viewed the strife as being the concern of the whole Sept or kindred c. Under the Anglo-Norman Kings, the right of suit secured by the earlier law, and the right of vengeance, stronger than the law, both merged in the "Appeal," which either brought the feud to a conclusion by the duel of the parties ; or left the defendant entirely at the mercy of his adversary, if, after putting himself upon the country, the voice of the Inquest declared him guilty of the charge. There is one ancient law-book in which we read, that such Appeals were prosecuted in the reign of Alfred, according to the form and fashion of Westminster HaU. Here also we find those singular detaUs of Alfred's stern and vindictive justice, preserved in no other memorial, and not unfrequently quoted as possessing historical authority. The 'Mirror of Justices" cer tainly exhibits a very singular degree of fluency in the application of names, sounding Hke Anglo-Saxon, at a period when they had ceased to be famifiar to the multitude. Andrew Horn, Citizen and fishmonger and Town-clerk of London, the author of this treatise, was a man of no mean importance in his day ; and Gufid- haU yet contains a manuscript collection of laws and statutes2, compUed under his care, and which has alwavs been treasured I. p. 2f>."> ; — a vers' valuable col- known in this country. 11 Paus, Gamle Norsko Love, vol lection of the Norwegian laws, little *> LL. Edowardi, 1!)!). c Et in omni weregcldo, melius est ut parentes homicidse pacem simul habcant quam singillatim. — LL. Henrici I. [And in all wcre-geld (blood-fine) it is better that the relatives of the homicide have peace in a body rather than one by one. (Laws of Henry I.)] Proofs and Illustrations 159 with great respect in the city archives. There is a tradition of Part n. an ancient book, written in Anglo-Saxon characters, whilome preserved in the same repertory, and whence Andrew Horn is thought by some to have derived his materials ; yet if any such volume ever existed, we can place no great trust in tbe paraphrase. Andrew himself, unluckily, quotes the "RoUs of Alfred" with such thorough confidence, that it is hardly possible to put any great trust in his warranty a. And whatever may have been the a One of these precedents may perhaps amuse the legal reader : — "Treason is set forth in appeals in this manner, according as it is found in the Rolls in the time of King Alfred : — Bardulf here doth appeal Dirling there, for that, in as much as this same Dirling was the ally of the same Bardulf, the said Dirling came such a day of the year, &c, and during the alliance ravished the wife of the same Bardulf, or counterfeited his seal, or did him some other mischief. Or thus, Hakenson, father, or other parent, or lord, or aUy of this Dirling killed; or thus, remained in aid, and in counsel with Daffray, the adversary of this Bardulf, in speech which touched the loss of his life, or members, or of his earthly honour ; or thus, discovered his counsel or his confession ; or thus, whereas he ought to have a lawful inrolment according to law of such a plea, the same Dirling falsely inroUed the same to his disinherison, or otherwise to his damage ; or thus, whereas he was his attorney in such a plea before such judges, to gain or lose, and should have done him right, he lost by his default, or by his foUy, neghgence, or coUusion, or restored the thing on demand, or did him such hurt. Or thus, whereas he should have excused him, or essoined him such a day, &c, he suffered him to lose the possession, or such other thing through his default; or thus, whereas he ought to have truly spoken for him in such a case, the said Dirling did Ul advise him, or speak against him in such a point. And afterwards thus : this treason did the said Dirling feloniously as a felon, and traitorously as a traitor ; and if he wiU deny it, Bardulf is ready to prove it upon him by his body ; or as a mayhemed man, or a woman, or a clerk ought to prove." — Chap. ii. sec. 13. I have quoted the English translation, as more intelligible tfian the corrupted text of the printed original. I am not aware of any ancient manuscript of the Mirror, except the one in the Library of C. C. C. Cambridge (No. 258). As, in consequence of the liberality of the College, this invaluable coUection, hitherto whoUy inaccessible, wiU be virtuaUy open to the public, it would perhaps be desirable to give a corrected edition of Horn's work, which is at least a very curious specimen of the apocrypha of the law. 160 Proofs and Illustrations Part n, motives for the composition of the "Mirror," we are compelled to reject it as evidence concerning the early jurisprudence of Anglo-Saxon England. Oaths and Compurgation. (XIV. & XV.) compurgation In the body of the work I have given the main outline of this 177, 314). ' '' procedure. Some of its detaUs, however, require further illus tration. AU claims were estabUshed in the first stage by the oath of the Plaintiff, except when otherwise speciaUy directed plaintiffs case by the law. 'The oath by which any claim was supported was "Fore-oath" called the Fore -oath, or "Prae jur amentum," and it was the founda- 154)- ' ' tion of his suit. One of the cases which did not require this initiatory confirmation was when cattle could be tracked into another man's land, and then the "footmark stood for the fore- Thanes em- oath." But it was the privUege of a Thane, as it was afterwards powered to swear ° by their Gerefas of a Baron, to appear by his True-man or Gerefa, who took the or Seneschals. r c J oath in his stead a. Amongst the Teutonic nations, we find a great variety of oaths, devised for the purpose of impressing the conscience of oaths taken upon the party; accompanied bv strange and singular ceremonies, the sword (Part r J > V c 6 ' i^pp-175. 182). whose forms incHcate the highest antiquitv. In the "Lodthine The oath of the 01. o Echevins of the of Holstein, as amongst the ancient Bavarians, the party swore secret tribunals ° _ wasV<22nainathe on ^e edge or blade of the sword b. Shakspeare, whether by (r!po5tTnner accident or design, is strictly correct in the adjuration which he puts in the mouth of Hamlet of Denmark. The Alemannic widow appealed to her bosom e. The pagan Danes swore by the a Athelstane n. ; Canute ii. 20. b Dreyer, MisceUaneen, p. 109. 0 Si autem fcemina dixerit, maritus meus dedit mihi Morgengabam, computet quantum valet, aut in auro, aut in argento, aut in mancipiis, aut in equo, pecuniam xii. sol. valentem ; tunc Hceat illi mufieri jurare per pectus suum, et dicat, quod maritus meus dedit mihi in potestate et ego possidere debeo. Hoc dicunt Allemanni, Nastheit. — Lex. Alem., tit. 56. [If however a woman say, "My husband gave me a morning gift" let the woman estimate its value either in gold or sUver or in slaves or in horses to the sum of twelve shillings in money; then may this woman swear by her own bosom and say "What my husband gave into my control I also have a right to possess." This the Allemanni (Germans) call "Nastheit." (Law of the Alemanni, tit. 5ti.)l Proofs and Illustrations 161 holy ringa. Relics, after the introduction of Christianity, were Part n. the most usual tests of truth. The "Hafigdom" of the Saxon laws may have been tbe Sacrament of the Altar, or perhaps the Gospel Book. But, possibly, many of tbe modes of ancient adjuration were combined with the Christian ritual, by a people who in aU things adhered with much inveteracy to tbe customs of their ancestors6. Upon the system of compurgation, it may be observed that, Mode of selecting in the time of the Conqueror, the oathsmen of the "unfaithful" perhaps altered about the time of culprit were named or chosen by both parties. This practice is the conquest not indicated in the parallel laws of Canute, and it introduced . a material alteration in the trial. It is obvious, from the tenor of the laws, that this nomination was intended as a check upon the party who had to clear himseH, but to what extent it operated cannot be ascertained; the complexion of the array depended upon the person who made the choice ; and concerning this point the laws are entirely sUent, except when a criminal was arraigned for the violation of the King's Peace, in which case the Com purgators were sought out by the Gerefa e. Possibly tbe selection may have been made by the assent of the accuser and of the accused. The joint selection went out of use soon after the Conquest; and such regulations as are afterwards found with respect to compurgation in criminal cases do not distinguish between persons of good or evil fame. It was one of the Hberties of London d, that no foUower of a Sax. Chron. ad an. 876. 1 » Thus in the "Mine-law" Court of the forest of Dean, the parties and witnesses are sworn upon a bible into which a piece of hollystick is put, and are obfiged to wear the hooff (Germ. Haube, Dan. Hutfwe, It.Scuffia), or working cap, upon their heads, during their examination. — flutter's Gloucester, p. 33. According to the Frisic law (XIV.), lots were cast with twigs, and joined to the oath of compurgation. Here also we discern an analogy to the coel-bren, the rod of divination of the Britons. c Northumbrian Laws, WUkins, p. 118. " De hbertate Lundoniensium. Sciendum item est, quod homo qui de curia sit Regis vel Baronum, in domo alicujus civis Londonise vi, vel liberacione vel consuetudine, nisi gratis hospitis, hospitari non debet. Si enim vim hospitandi ei in domo sua intulerit, ibique ab hospite occisus fuerit, eligat hospes sex de parentibus suis, et juret Septimus, quia hac de causa praedicta eum occiderit. Sicque a nece p.vn. 11 162 Proofs and Illustrations Part II. Privilege of the Citizens of Lon don — entitled to kill any of the King's retainers, &.c. attempting to obtain "hospi tation" by force; in which case the Citizen was al lowed to clear himself by the compurgatoryoath of his kins men (see Part I., pp. 178, 179). Compurgation retained in the Hundred Court of Winchelsea, temp. Hen. VI. the King's Court or of any Baron could claim hospitation in the dweUing of a Citizen, without the permission of the owner. An intruder might be slain with impunity. If the Good-man of the house could shew by his own oath, and the oaths of six com purgators, selected by himself from amongst his own kinsmen, that the unwelcome guest was kiUed in his own wrong, then he, the manslayer, was discharged from aU further prosecution, whether at the suit of the King, or of the relations of the deceased party, or of his lord. This custumal, which is not of later date than the reign of Henry II., is the last in which compurgation by kindred is specified. The charters, which secure the right of compurgation to the Burgesses of different Burghs, invariably direct the accused to clear himseff by the oaths of his Peers. The last instances of compurgation in criminal cases which can be traced, are the proceedings in the Hundred Court of Winchelsea. These are extremely curious, and afford a clear exposition of the manner in which the Anglo-Saxon proceedings passed into their secondary, or Anglo-Norman forma Borough of Winchelseaconsidered as a Hundred (see Part I., pp. 8a, 83, 178). Felon indicted by Inquest of twelve men. defuncti versus regem, et parentes, dominosque defuncti quietus remanebit. MS. Harl. 746. 2 [Concerning the privilege of the men of London. It should also be known that a man who is of the court of the King or the Barons has no right, either by livery or custom, to obtain hospitality by force in the house of any citizen of London, unless the host is willing to receive him. For if such a man shaU use force to obtain hospitality in the host's house, and he be there killed by the host, let the host choose six of his kinsmen and, with these six kinsmen, himself take an oath that he killed him for the aforesaid reason. And so shall he remain safe from prosecution for the killing of the dead man either at the suit of the King or the kinsmen or lords of the dead man. (Harleian MS. no. 746.)] a 19 Hen. 6. — In hundredo tento die Dominica quinto die mensis Februarii, anno regni Regis Henrici sexti post conquestum Anglis de- cimo nono. Coram Godardo Poulham Majore villa? de Wynchelse, Thoma Selton (tunc deputat' Willielmi Pope ballivi dicto viU»), Rogero ate Gate, Johanne Godefrey, Thorn' Thundir, Willielmo Allard, Ricardo Richorn, Thorn Wodeward, Johanne More, Johanne Knyth. Johannes Thomas de parochia de Badynden in comitatu Kancice, Barber, super indictamentum ipsius Johannis per inquisicionem captain coram dicto Godardo Majore, quinto decimo die mensis Jan- uarii, anno regni Regis Henrici sexti Angliae decimo nono, per sacra mentum Robert i Gondii- et undecim sociorum suorum proborum et Proofs and Illustrations 163 The presentation is made by twelve Jurors, representing the Part n. Thanes of the earfier era. The culprit is defended by his own (See Part i.. pp. 80, 175.) legalium hominum, de roberia et spoliacione ac felonica, asportacione certorum bonorum cujusdam Johannis Peris de Sandwych chapman, apud Wynchelse, tricesimo die mensis Decembris anno regni Regis Henrici sexti Angliae decimo nono; videHcet de viginti denariis ster- lingorum; — unum monUe, vocatum Agnus Dei, argenteum et deaura- tum; quinque crucifixi argentei et deaurati, — undecim anulorum argenteorum et deauratorum ac aHorum bonorum in dicta inquisicione specificatorum, ad valenciam viginti sex solidorum et octo denariorum, arrectatus; dixit quod non fuit nee est culpabifis de felonia, sic sibi imposita ; et de felonia sic sibi imposita optulit idem Johannes Thomas se purgare secundum usum et consuetudinem libertatis vUlse prse- dictse: * * * et praeceptum est dicto baUivo ad habendum corpus ipsius Johannis coram Majore et Juratis dicto vfilse in hundredo tento apud Wynchelse vicesimo sexto die mensis Februarii proximo venturo, ad audiendum et recipiendum quod Justicia exegerit et requisiverit. Et dies data est eidem Johanni Thomas, videlicet dictam vicesimam Allowed to clear sextam diem mensis Februarii proximam venturam, ad habendum in compurgatory6 dicto hundredo tunc et ibidem tento, coram dictis Majore et Juratis °i, chosen 'by" triginta sex probos et legales homines qui secum jurare voluerint et ipsum purgare, quod non est reus de felonia sibi imposita ad periculum suum. — Bib. Cott. Julius B iv, f. 66. [19 Hen. 6. In the court of the hundred held on Sunday, the 5th ' day of the month of February, in the 19th year of the reign of King Henry, the sixth since the conquest of England. Before Godard Poulham, mayor of the town of Winchelsea, Thomas Selton (at that time acting as deputy for William Pope the bailiff of the aforesaid town), Roger ate Gate, John Godefrey, Thomas Thundir, William Allard, Richard Richorn, Thomas Wodeward, John More, John Knyth. John Thomas of the parish of Biddenden in the county of Kent, barber, accused upon the indictment of the same John by an inquisition taken before the said Godard the mayor on the 15th day of the month of January,inthe 19th year of thereignof King Henry the sixth of England, on the oath of Robert Gaudir and eleven of his feUows, good and lawful men, concerning the robbery, spoliation and felonious carrying away of certain goods belonging to one John Peris of Sandwich, chapman, at Winchelsea on the 30th day of the month of December, in the 19th year of the reign of King Henry the sixth of England: — to wit twenty pence sterling; one pendant called the "Lamb of God," of silver gilt, five crucifixes of silver gfit, eleven rings of sUver gfit and other goods specified in the aforesaid inquisition, to the value of twenty-six shillings and eight pence, said that he was not, nor is, 11—2 164 Proofs and Illustrations Part ii. oath ; and if thirty-six neighbours, chosen by himself, concur in declaring him not gudty he is absolved for ever of the charge. guUty of the felony so laid to his charge ; and this same John Thomas offered to purge himsefi of the felony laid to his charge according to the use and custom of the franchise of the aforesaid township:... and the aforesaid bailiff was ordered to bring the body of this John before the mayor and jurats of the aforesaid town at the courts of the hundred held at Winchelsea on the 26th day of the month of February next, to hear and to receive what justice should demand and require. And a day was given for this same John Thomas, to wit the 26th day of the month of February then next, to bring to the court of the aforesaid hundred to be held then and there before the mayor and jurats, thirty-six good and lawful men, who would be willing to swear with him and to purge him and declare him not guilty of the felony, imputed to him at his peril. (Cotton MS. Julius B iv, f. 66.)] 13 Hen. 6. — In hundredo tento die Dominica vicesimo quarto die mensis Aprilis, anno regni Regis Henrici sexti Angliae tertio decimo, quaedam Agnes Archer, quae indictata fuit per duodecim probos et legales fiomines, juratos coram Willielmo Fynche Majore et Coronatore pro Rege infra hbertatem villse praedicto ad inquirendum per sacra- menta sua, quomodo Alicia Colynbourgh, quae inventa fuit mortua infra dictam hbertatem, ad mortem suam veniebat, et quis causa ejus mortis fuit; adducta fuit in pleno hundredo per servientes ballivi, modo felonico, nuda capite et pedibus, discincta, et manibus deligatis, tendens manum suam dexteram altam, per communem clericum arreinata fuit in his verbis : [13 Hen. 6. — In the court of the hundred held on Sunday the 24th day of the month of April, in the 13th year of the reign of King Henry the sixth of England, one Agnes Archer was indicted by twelve good and lawful men who had taken their oath before WiUiam Fynche the mayor and King's coroner within the franchise of the aforesaid town, to enquire upon their oaths how Alice Colynbourgh, who had been found dead within the aforesaid franchise, met her death and who was the cause of her death. She was brought into the full hundred by the bailiff's Serjeants in the mamier of a felon, with her head and feet bare, disgirt and with her hands bound, and holding her right hand aloft she was arraigned by the common clerk in these words : — ] Arraignment. "Agnes Archer, is that thy name? whych answered— Yes.— Agnes " Archer, thou arte endytcd that thou the seventh daye of Apryll, the " yer of Kyng Ilerry (he sexte of Kngland thirteenth, f elonly robbydest " one Alis Colynbourgh of six sponys of sylver, pris of twelve shillings " sterlyng, of a gyrdylle harnessed with sylver, pris six shiUings and Proofs and Illustrations 165" The oath by which the Principal waged his law in an action Part n. of debt, is given in the customs appended to Athelstane's Statute, compurgatory "I owe neither scott nor shilfing, penny, nor penny's worth ; aU cases. that I contracted to do, have I performed"; and which in sub- ~£ ^kstone' stance has been retained by the Courts to the present day. In those proceedings, which were analogous to our actions of detinue, being brought for the recovery of a specific chattel, tbe compurgation was united to the voucher given by the warrantor, and the "cyre-ath" was possibly the "wager of law" in such a proceeding. In the records of the King's Court, tbe wager of law appears wager of Law , (Part I., p. 214), to have been usually by twelve a ; and I have not yet found any fr,°mhthe reign " eight pence, and of five shillings sylvyr thanne beyng in the same " Alis purse, at the Strande caUed the Trecherye, within the frauncheyse " of the town of Wynchelsea. Also thou art endyted that thou, the " same day, yeer, and place, the said Alys felonry morderiste hyr with " a knyff fyve tymes in the throte stekynge, throwe the wheche " stekyng the saide Alys is deed. What sayste thou thereto ? — Whych " sayde and answerede, I am not guilty of thoo dedys, ne noon of " hem, God help me so. Clericus. Howe wylte thou acquite the?— " Wheche answerede — By God and by my neighbours of this town." Extunc recitatum fuit ei, quod si vellet se ipsam acquietare per patriam, quomodo ipsa deberet se acquietare per triginta sex homines quos ipsa elegeret de quibuscumque patriis veUet, et quod sibi detur dies ad habendum dictos triginta sex homines, se , acquietanda, ****** et praedicta Agnes rogavit et requisivit Judicem, videlicet Majorem et Consules suos juratos, ut suam acquietanciam poterit habere de hominibus infra hbertatem villse de Winchelse, quae petitio dictae Agneto concessa fuit. — Bib. Cott. Julius B iv, f 57. [Then it was declared to her that if she wished to acquit herself by the country how she must acquit herself by thirty-six men whom she herself could choose from whatsoever part she would and that a day would he appointed for her to bring the said thirty-six men to acquit her. . .and the aforesaid Agnes asked and demanded of the court, to wit the Mayor and his sworn counseUors, that she might acquit herself by men within the franchise of the town of Winchelsea. And this request was granted to the aforesaid Agnes. (Cotton MS. Julius B iv, f. 57.)] These entries are drawn up with more than ordinary barbarity. 1 Lambertus Molendinarius queritur quod Claricia, uxor Laurencii fil' Walteri, vendidit ei cervisiam, per falsam gaUonam, et inde producit sectam ; quas testatur quod ipsa [secta] interfuit, ubi ipsa Claricia ita vendidit per iUam gaUonam, scilicet ad denarium tres gaUonas. Et 166 Proofs and Illustrations Part II. Warranty — explanationsafforded by the Danish law. instance in which the practice noticed by Fleta, of doubling the compurgators against the witnesses, has prevaUed. The pre sumptive evidence of the Secta was required, before the defendant was driven to wage his law. But if the suit was brought by the King, then it seems that the person accused or impleaded had not this safeguard against a vexatious prosecution. To remedy this abuse, the thirty-fourth chapter of Magna Charta was enacted; but in more modern times, it does not appear that any such testimony was required*. Warranty. (XXI.) According to the Danish and Norwegian Law, the "Hjem- melsmand," the "Hemoldborhb" of this law, and the "fidejussor" Claricia venit et defendit quod non vendidit per illam gaUonam quam ipse dicit esse falsam, ut per gaUonam integram. sed ut per dimidiam gaUonam. Defendat se duodecima manu in adventu Justiciariorum. It. Bedeford. 4 Joh. [Lambert the miVer complains that Claricia, the wife of Laurence son of Walter, sold him beer by a false gaUon measure and produced suit thereof, which witnessed that they were present when Claricia herself sold the beer in that gaUon measure, to wit at the rate of three gaUons a penny. And Claricia came and in defence said that she did not sell the beer by means of that gallon measure which the plaintiff declared to be false, as a full gallon measure ; but only she sold it by that gallon as a half gallon measure. Let her defend herself twelve- handed when the Justices come. (Eyre, Bedford. 4 Joh.)] Selden quotes a similar instance of "law" by twelve. — Hengham Magna, p. 15. 11 NuUus Ballivus de caetcro ponat afiquem ad legem manifestam, nee ad juramentum, simplici loquela sua. sine testibus fidelibus ad hoc inductis.1 [Let no baUiff henceforth put any man to his law openly nor to the oath on his mere accusation without faithful witnesses brought forward for this purpose. (Magna Charta, cap. 34.)] In the Customs of Manchester, as confirmed by Thomas de Gresley, Lord of the Town, 29 Kd. I. (Aikin's Manchester, p. 585), is the following article: — "Item nullus potest vicinum suum ducere ad sacramentum, nisi habeat sectam " [Again no one can cause his neighbour to take the oath unless he has suit] ; — which seems to shew that the abusive custom of commencing actions without a "secta" of witnesses already be.^an to prevail, and that a protection from such claims was con sidered as a. special franchise. b Baden, Juridisk Leksikon, p. 121. Proofs and Illustrations 167 of an analogous chapter in WiUiam's Statutory Charter a, is the Part n. guarantee, the person bound to restore the property which he (See Part i., has sold, if the purchaser should be lawfuUy evicted. Tbe "war- p' IS4,) rantum," therefore, was probably equivalent to the Team of the Anglo-Saxon law, i.e. the evidence of the birth and rearing of the Chattel ; a fact which might also be proved by "three parts" of his neighbourhood, perhaps by three adjoining townships. If such proofs could not be produced, then the witnesses were to come forward, and the compurgatory oath, tbe "simplex juramentum," was to be added to tbeir testimony; yet this only discharged the defendant from tbe "were" due to his Lord, and the property itself was to be restored to the claimant. Frankpledge. (XX., XXII.— XXV.) It is provided bv the Law of Canute, "That every freeman Canute's Law of 77 7n .. • 7 Freeborh(see .j who wiU entitle himsefi to the privilege of compurgation and Part i., p. 160). " the protection of the were'0, shall be included in the hundred a Interdicimus autem ut nulla viva pecunia vendatur aut ematur nisi intra eivitates, et hoc ante tres fideles testes, nee aliqua res vendita sine fidejussore et warranto; quod si quis aliter fecerit, solvat, et persolvat, et postea forisfacturam. WUkins, p. 218. [Moreover we forbid any living chattel to be sold or bought except within cities and this before three faithful witnesses; nor shah any thing be sold without a surety and a warranty; but if anyone acts otherwise, let him pay and pay again and afterwards let him pay his forfeiture.] That is to say, he was to pay the value to the plaintiff, the were to his Lord, and the wite to the Sovereign. * And we wyllath, thaet selc freoman beo on hundrede and on teothunge gebroht, the lade wyrthe beon wylle, oththe weres wyrthe, gyf hine hwa teon wyUe, ofer that he byth twelf wintre, oththe thaet he ne beo asniges freorihtes wyrthe, si he heorthfaest, si he folgere, thaet aelc si on hundrede and on borge gebroht, and gehealde se borh hine, and gelsede to selcan rihte. Canute, ii. 20. WUkins, p. 196. [And it is our wUl that every freeman be placed in a hundred and a tithing, whosoever wishes to be entitled to clear himself, or to have a price (wergfid), in case anyone proceeds to accuse him after he is twelve years old ; otherwise (i.e. if not in a tithing), let him be thereafter no longer entitled to the rights of a freeman, be he householder or follower of another man. And that every man be brought in a hundred and under security, and let his surety protect him, and lead him to every right. (Canute's Secular Code, cap. 20.)] 168 Proofs and Illustrations Part ii. " and in the tithing, to meet any accusation which may be " preferred against him, as soon as he attains the age of twelve " years, whether he be householder or FoUower, so that every " one may be in the Hundred, and under Pledge or Borh; and " let the Wedge keep him and hold bim to right, or produce him " according to law." If there is any collective liabifity directed bj- this law, it arises by impfication ; for t lie- "borh" or pledge appfies only to the "Folgher," the inmate or retainer, and thus it is clearly expounded by William's Law. There were territorial divisions termed Tithings, in the reign of Athelstane ; and as they existed, and still do exist, more definitely as territorial districts, in the western counties, than in any other part of England, it may perhaps be supposed that they originated from the ancient Trefs of the British Cantred. Such divisions, however, are clearly to be distinguished from the personal arrays*. A further approach a The marked distinction between the personal and real Frank pledge will be understood by the foUowing examples. In the first, the Frankpledge is always described with reference to the Chief Pledge; it is the array of the people, not the designation of the territory:— Thomas Shiel occidit Walterum Carrectarium de Slale, et fugit, et fuit in franco plegio Ernaldi fil' Michael', in Slolegh, et idem in miseri- cordia, et ipse malecreditur, et ideo exigatur et utlagetur. — Rot. Itin. Warre wic. 16 Hen. III. [Thomas Shiel kiUed Walter the Carter of Slale and made his escape; and he was in the frankpledge of Em aid son of Michael in Shley, and Ernald is in mercy ; and Thomas is suspected : therefore let him be exacted1 and outlawed. (Eyre Rolls, Warwick. 16 Hen. HI.)] Radulphus pistor Ricardi Roff' Episcopi, occidit Gregorium fd. Radulphi et fugit, &c. Et Robertus le Potter primus inventor non venit, et attachiatus fuit per Stephanum le Tanncnir le Borgesaldre cum Borga sua, et non habuerunt eum, et ideo in misericordia. — Rot. Itin. Kane. 11 Hen. III. | Ralph, Baker of Richard bishop of Rochester, killed Gregory, son of Ralph, and made his escape. &c. And Robert the Potter the first finder did not come and was attached by Stephen the Tanner the Chief Pledge with his Borh, and they did not produce him and therefore they arc in mercy. (Eyre Rolls, Kent. 11 Henry III.)] But where the real Frankpledge prevailed, then the words Tithing and Township are used as synonymous terms; and the frankpledge is always connected with the district, and never with the person of the Chief Pledge ; it is the description of the territory, not of the people. Proofs and Illustrations 169 may have been made to this system, if the neighbours, from Part ii. whom the compurgators were selected, were told off in bodies of ten men, according to the later lawa. But there is no proof of their collective responsibiHty. Radulphus Badnel et Adam de Bolonia verberaverunt Willielmum de Cumpton, de die, ita quod praedictus Willilemus infra quindecim dies post obiit. Et Radulphus statim fugit et malecreditur ****** et fuit in Thedinga de Herticumbe, et ideo in misericordia. Et praedictus Adam nulla habuit catalla, et fuit in praedicta Thedinga. Et Villa de Herticumbe non cepit praedictos Robertum et Ada, ideo in misericordia. —Rot. Itin. Devon. 23 Hen. III. [Ralph Badnel and Adam of Bolonia beat William of Cumpton in the daytime, so that the aforesaid William died within fifteen days after. And Ralph immediately fled and is suspected . . . and he was in the Tithing of Haccombe (?) and therefore it is in mercy. .And the aforesaid Adam had no chattels and was in the aforesaid Tithing. And the Township of Haccombe did not take the aforesaid [Ralph] and Adam, and therefore it is in mercy. (Eyre Rolls, Devon. 23 Hen. III.)] 1 The original text of a law of Athelstane1, which might have thrown more light upon this question, is lost. We have its substance in two distinct versions, the one, given by Brompton (p. 847), and found in many manuscripts, the Spelman MS. for instance, and MS. Cott Claudius D h. — the other, only in the Holkham Manuscript, and from which the foUowing extracts are made, retaining all the barbarisms of the original, whereby, to use the expression of a friend, it is rendered almost as uninteUigible to a classical scholar, as if written in Cingalese : — Haec est consiliatio, quomodo centenarii conventus observari debet. Primum quidem, quod semper circa quatuor septimanas congregetur, et quisque alii rectum faciat. . . .Diximus etiam de ignoto pecore ne quis illud habeat, absque testimonio concionatoris vel decimationarii, et hic sit fidelissimus. If this be compared with Brompton's version, we may judge of the difficulty which the ancient translators found in understanding the Anglo-Saxon Statute; — Hoc est judicium qualiter hundredum teneri debeat. In primis ut conveniant semper ad quatuor Abb'as [heb- domadas ?], et faciat omnis homo rectum alii. Si necesse sit in manibus, indicetur hominibus hundredi, et ipsi postea denuncient hominibus (See Part i., , . > r r p. 155.) aeeimarum, et eant omnes pariter, quo Deus annuerit. [This is the decree as to how the hundred ought to be held. First of all that they should assemble every four weeks and every man should do right to every other. If the need is urgent let it be made known to the men of the hundred and they shall 170 Proofs and Illustrations Part II. Bye-law of the Witenagemot of Kent, for the purpose of enforcing the general statute of Athelstane I P- 150). In the very singular law or bye-law enacted by the men of Kent pursuant to the general statute of Athelstane, a regulation somewhat analogous to the Frankpledge is prescribed; not as a universal regulation, but as an expedient to diminish the respon- sibifity of the superior. According to common right, the Lord was to be the pledge that none of his men would commit theft. If his ceorls were so numerous that he could not reasonably undertake the charge, then he was to appoint a Reeve in each township who would be answerable to him, and would take upon himself to rely upon the good conduct of the ceorls ; but if the Praepositus found any ceorl whom he could not trust, then, and in that case, the suspected party was to find twelve of his kinsmen who would be the pledges for his good abearinga. afterwards announce it to the men of the tithings and let them all go together to the place which God hath granted.] Perhaps there were two republications of the same law. a Karissime, episcopi tui de Kant i a et omnis Kentescire, Thayni, Comites, et viUani tibi, Domino dilectissimo suo, gratias agunt, quod nobis de pace nostra prsecipere voluisti, et de commodo nostro querere et consulere, quia magnum opus est inde nobis, divitibus et egenis. Et hoc incepimus quanta diligentia potuimus, consilio sapientum eorum, quos ad nos misisti ; unde, charissirne Domine, primum est de nostra decima, ad quam valde cupidi sumus et voluntarii, et tibi suppfices gratias aghnus admonitionis tuae. Secundum est. de pace nostra, quam omnis populus teneri desiderat, sicut apud Greateleyam sapientes tui posuerunt, et sicut etiam nunc dictum est in consilio apud Fefresham. Tertium est, quod gratiant omnes misericorditer Karis- simum dominum suum de dono quod forisfactis hominibus concessisti, hoc est quod pardonatur omnibus forisfactura de quocunque furto quod ante consUium de Fefresham factum fuit, eo tenore, quo semper deinceps ab omni malo quiescant, et omne latroeinium confiteantur, et emendent hinc ad Augustum . Quartum , ne afiquis recipiat hominem alterius, sine hcentia ipsius, cui prius folgavit. nee intra mercam nee extra. * * * * Septimum est, ut omnis homo tencat homines suos in fidejussione sua. contra omne furtum. Si tunc sit afiquis qui tot homines habeat quod non suffieint omnes custodire, praepositum talem prioponat sibi singulis villis qui credibilis ei sit. et qui concredat homini bus. Et si propositus alicui eorum hominum concredere non audeat, inveniat xij. plegios cognationis sn;v cpii ei stent hi fidejussione. Et si dominus vel propositus vol afiquis hoc infringat vel abhinc exeat, sit dignus eorum qua apud Greateleyam dicta sunt, nisi Regi magis placcal alia justitia. — Spelman MS.1 Proofs and Illustrations 171 In Kent, therefore, the coUective pledge was not the general Part n. law, but an exception to the general law ; and the special "borh " of the kinsmen was superadded to tbe general responsibifity of the Masgth or Clan. Though not the Freeborh itself, this arrange ment probably constituted an important step towards its general adoption. And we discover traces of a simUar practice at a much later period, when the offender was let out upon the "borh" or suretyship of his "decennaa." [Beloved Lord, your Bishops of Kent and all the shire of Kent, its landholders, gentle and simple, do render thanks to you, their most beloved Lord, that you have been pleased to issue a precept to us concerning our peace and to ask and consult concerning our welfare, because great is our need therefor, both rich and poor. And this matter we took in hand with aU the dUigence in our power, acting on the advice of those wise men whom you did send to us. Whereof the first point, most beloved Lord, concerns our tithing, for which we are most desirous and eager, and we do humbly render you thanks for your admonition. The second point concerns our peace, which all the folk desire should be kept, just as your wise men have deter mined at Greatley and just as it has even now been laid down in the council at Faversham. The third point is that aU men do thank their most beloved Lord for the gift which you have mercifully granted to men who have incurred forfeiture, and this is that aU men should he pardoned of their forfeiture for any theft which has been com mitted previous to the councU of Faversham, on the terms that they should hereafter abstain from aU evU, and that they should confess every theft committed and make amends therefor by August. The fourth point is that no man receive the man of another, without the permission of him whose dependant he was, neither within nor without the bounds of the province. . . . The seventh point is that every man is to be surety for his own men against all theft. If accordingly there be anyone who has so many men that he cannot take charge of them all, let him place over each township a reeve trusted by his master and having trust in his men. And if the reeve does not dare to trust any of these men, let that man find twelve pledges from among his kinsmen to stand as a surety for him. And if the Lord or the reeve or anyone else break this rule or hereafter depart from it, let him be deserving of aU those penalties which were declared at Greatley, unless the King should prefer any other form of justice.] a WiUielmus Gom de Pakelesham rectatus de latrocinio. Ita quod idem WiUielmus arestatus fuit pro eodem latrocinio, et commissus fuit 172 Proofs and Illustrations Part ii. At some period towards the close of the Anglo-Saxon mon arch}-, the Freepledge was certainly established in the greater part of Wessex and Mercia. though even there some special exemptions existed a. The system was developed between the per plegios, scfiicet franco plegio suo, Gerardo Nolle de Pakelesham cum tota dcccnna sua, habendo coram Justiciarfis, et non habuerunt, ideo hi misericordia,. Et Juratores dicunt quod malecredunt eum, ideo exigatur et utlagetur. — Plac. de Hund. de Rocheford. 19 Hen. in. Essex, m. 10. [ William Gom of Paglesham was accused of theft. So that the same William was arrested for this same theft and was bailed by pledges, to wit his own frankpledge, Gerard Nolle of Paglesham with the whole of his tithing to be brought before the Justice, and they did not bring him and therefore they are in mercy. And the jurors declare that they suspect him. Therefore let him be exacted and out lawed. (Pleas of the Hundred of Rochford. 19 Henry HI. Essex, tenth membrane.)] Many parts a ibe County of Salop was thus exempted, as appears from the exempted from Rolls of Proceedings before the Justices Itinerant : — Totus Comitatus the Freepledge ° feig«. bestow it and give my consent thereto or joyfully confirm it. I, Siric, [Bishop of the Church of Canterbury, have confirmed it.] I, Mlfstan, Bishop of the Church of London, have corroborated it. I, Mlfheah, Bishop of the Church of Winchester, have confirmed it. I, Mscwig, Bishop of the Church of Dorchester , have declared it good. I, Mlfric, Bishop of the Church of Ramsbury, have given it my support. I,Ealdwulf, Bishop of the Church of Worcester, have assented thereto. I, Ordbeorht, Bishop of the Church of the South Saxons (Selsey), have supplemented it. I, Mlfheah, Bishop of the Church of Lichfield, have gladly given my consent thereto. 1, Athidf, Bishop of the Church of Hereford, have lent my aid. I, Mlfweald, Bishop of the Church of Crediton, have supported it. I, Wulfsige, Bishop of the Church of Sherborne, have gladly endowed it with my goodwiU. I, Mthelweard, Duke, affirm and strengthen it with joy, and here stand present as a witness. I, Mlfric, Duke, hereby support or impress it with the sign of the Cross. I, Mlfhelm, Duke, — I, Leofwine, Duke, — I, Leofsige, Duke, — I, Jllfweard, Abbot,— I, ^EUsige, Abbot,— I, Brihtnoth, Abbot — I, Brihthelm, Abbot,— I, Leofric, Abbot,— I, Alfhere, Abbot,— I, Coenwulf, Abbot,— I, M\iric, Abbot,— I, .Elf hun, Abbot,— I, Germanus, Abbot,— I, ^lfsige, Minister, — I, Ordwulf, Minister, — I, Leofric, Minister,— I, Wulfheah, Minister ,— I, Wulfric, Minister,— I, Wulfget, Minister,— I, ^thelnoth, Minister,— I, ^thelric, Minister,— I, .Ethel- sige, Minister, — I, ^Ethelmaer, Minister,— I, Ceolmund, Minister, — I, Wihtsige, Minister,— I, Mthelwig, Minister. (Cotton MS. Claudius B vi, f. 97.)] In the preceding list of the members of the Witenagemot, the Bishops describe themselves. AU the "Duces" or Ealdormen can be identified. Leofsige, who appears to have been on Ul terms with Ethelred, was banished by him in 1002, for slaying M&c (perhaps the iEthelwig of the charter), the King's Heah Gerefa. ^Ethelward was kiUed in the fatal battle of Assingdon, 1016.— (Sax. Chron.) Mlfric or Alfrio 12—2 180 Proofs and Illustrations Part ii. and informs against the Gerefas, who had violated the law. But the King, not willing that Athelwig, who was dear to him, should be grieved or troubled ; grants Eardulph's Lea to his favourite, a demesne which, as must be inferred from the recital, had escheated to the ( rown by the forfeiture of some of the guilty parties a. We have here a lively portraiture of the state of Anglo-Saxon society, as well as of the law, and of the abuses which the law attempted to remedy — the guild — the robbery — and the instant pursuit of the delinquent ; we see the superiors, who are bound to bring the culprit to justice, abetting him in his wrong, and we witness the attempts made by the injured party to obtain restitu- Land probably tion, ending in the loss of manv fives. This Charter seems also escheated to the ° King, in case of to estabfish that land escheated for felony; but whether the felony. J subject of this grant was the property of the Thief, or of the Lord who defended him, is not to be clearly ascertained. punishment and AU *he principles of these judicial customs of the Anglo- which^Sdedit, Saxons continued unchanged, after the establishment of the tte'^f-Nir1. Enghsh or Anglo-Norman Common Law. The faUure to join to*epeariy'ages m tne " hutesiuni " was a misdemeanour ; and the punishment liw'^pSu., foUowed instantly upon tbe detection of the Thief. But the pp. 172, 173). absence of tbe "mainour," or the neglect of "fresh suit," averted the summary punishment ; and if inflicted in such cases, the execution was considered as an offence, and as a perversion of the law6. holds a very conspicuous though dishonourable station in the history of the reign of Ethelred in maimer before detaUed ; and iEifhelm was slain at his instigation in 1006. Leofwine was the son of /Ethelwin or Aylwin, the Ealdorman of East Angha, and who had succeeded to his father's earldom, on the death of the latter A.D. 992. — (Sax. Chron. ad an.: Hist. Rams., p. 414.) The Ministri. or Thanes, correspond to the Barons of the Anglo-Norman period. a This Land-boc is also a valuable and singular specimen of a grant made in full Witenagemot. Amongst other particulars, it shews tho great antiquity of the form of our indictments, which charge that the crime was committed at tbe instigation of the Devil. 40 Hen. in.— " h'ieardvs Pyre et WiUielmus Red, latrones, inventi fuerunt in IyhitheCSoStUcrryof domo l,'"//f''' PaiU* "i villa do Tuggeford, ot per clamorem patriae Jmmce°duiatef;and «"• I,*8-) and the process of "capias" was created not by law, but by the astuteness of the officers of the Court of Common Pleas, and the willing aid of legal practitioners. When the Defendant was brought before the Folkmoot, the J*?"1 f°rms ° 7 declared or party declared against him, according to ancient usage, repeating e"°£lc^ rhythm the accustomed and traditional forms. A most singular succes- ^"_f'Ia2r*)L' pp' sion of rhythmical fines, apparently adapted to the assertion, or Poetical formula perhaps to the defence, of the rights arising out of land, is pre- claim «r defence x ° ° x of a real action, served in the weU-known coUection of Ernulphusb ; and the preserved in the a Canute, ii. 18. And ne nime nan man nane nseme, ne innan scire, ne ut of scire, ser man hsebbe thriwa on hundrede his rihtes gebeden.1 [And let no one take any distress of. any man, either within or without the shire, before he has thrice demanded his right in the hundred. (Canute's Secular Code, cap. 18.)] The translation given by WUkins, is curiously incorrect : — Et nemo alicujus hominis nomen, intra vel extra Provinciam assumat, antequam ter a centuria jus ejus sit postulatum. b Of this singular relic I have been favoured wdth translations by the two most distinguished Anglo-Saxon scholars of the present day, the Rev. J. J. Conybeare and Mr. Price. The original is extremely obscure. It is uncertain whether it is properly to be considered as the claim of a demandant, who has begun by taking possession, or the plea of a tenant, who rebuts the attack. Mr. Price inclines to the opinion, that it contains a series of forms, united by the transcriber. The following lines may serve as a specimen of the rhythm: — Ic agnian wille [I will own To agenre ahte Por my own possession past bat ic hsebbe That which I have, 186 Proofs and Illustrations Part n. comparison of the Anglo-Saxon "Law-speech" with the "Tryg- sis^'ofE'mufh'uY ;5amai" 0I" tnr> Northmen, affords a proof of the conformity of similar in spirit to the " Tryg- ISamai." And nasfre ba't yntan* And never give it away (read ytan), No plot ne |ilnh .Wither plot nor ploughland, No turf no toft Neither turf nor toft, No furh nc fotmicl Neither furrow nor footmeasure, Ne land ne Nine Neither land nor leasow, Ne fciNc no morse Neither fresh nor marsh, No ruh ne rum Neither roni/h nor room, Wudes ne foldes Of wood nor of field, Landos ne strandes Of land nor strand, Wealtrn ne wateres... Of wold nor of water... I>o swa ic. hero Do as I teach, Beo* bo uo binum IV thou with thine, And hit me be minum And leave ine with mine. Ne gyme ic- bines I yearn not for thing of thine, Ne lsebesf ne landes Neither lathe nor land, Ne sace ne socne Neither sac nor socn; Ne bu mines ne dearft Nor needest thou mine, Ne mynte io be nan bing.i Xor do I intend anything for thee.] The "general ivords," or descriptions of the appurtenances of land, in the Anglo-Saxon Charters, (the "aU and singular houses, out-houses, edifices," &c. of a modern deed,) have a great correspondence with these lines, shewing how their rhythmical forms were ingrafted upon the Anglo-Saxon law. "Windsor and Stanes" are thus granted to St. Peter by the Charter of the Confessor (Monasticon, I. 298),* with aU that thereto belongeth :• — Birman burh and butan [Within town and without, Mid saca and mid socne With sac and soe, Mid tolle and mid teame With toll and team, And mid infangenum-beofe And with infangthief, On wude and on felde In wood and in field, Be strande and be lande By strand and by land, On strsete and of strsete. On road and off road.] This is the usual enumeration. But other phrases employed in the Rochester Rhyme are often found in the Charters. This fact shews that originaUy, and before the introduction of written instru ments, the land was granted by a form simUar to that by which it was demanded or defended ; and it is most probable that even after written instruments became in use, the ancient traditional form was recited by tho party, when he delivered seisin of the property. And henee, * Yntan is unknown to mo. Can it lie connected with "hyntha," "damage," " loss," and mean, " 1 will ne\ er sutler loss of it " : or it is an error for ymtian, pro ' were conferred by Louis the Pious upon the Abbey which arose upon its site. The court was composed of sixteen persons, who composed, of sixteen members held their offices for hfe. The senior member presided as the —the Graff or Gerefa, the senior Gerefa or Graff ; the junior performed the humbler duties of member; the " x 'Frohner, or "Frohner," or summoner; the remaining fourteen acted as the ?™OI,er' *>e 3 ° junior member, Echevins, and by them aU judgments were pronounced or declared, flfj™*^ When any one of these died, a new member was elected by the gfl^evins— ''' Priests, from amongst the twenty -two septs or famifies inhabiting -u^^S,0' the Gau or district, and who included aU the hereditary occupants ^S0^rX of the soil. Afterwards, the selection was made by the Monks, TS^t who* but always with the assent of the Graff and of the "Frohner." ^'Mr-art The seat of judgment, the King's seat, or " Konigsstuhl," ^heP'„£m' , was always established on the green sward; and we collect from seat," or place of ** ° 7 judgment, how the context, that the tribunal was also raised or appointed in the consecrated. common fields of the Gau, for the purpose of deciding disputes relating to the land within its precinct. Such a "King's seat" was a plot sixteen feet in length, and sixteen feet in breadth ; and when the ground was first consecrated, the Frohner dug a grave in the centre, in which each of the Free Echevins threw a handful of ashes, a coal, and a tile. If any doubt arose whether if any judgment , „ . was given on a a place ot judgment had been duly haUowed, the Judges sought spot not duly n - consecrated, it tor the tokens. If thev were not found, then aU the judgments was void and of no effect which had been given became nuU and void. It was also of the very essence of the Court, that it should be held beneath the sky, and by the Hght of the sun. AU the ancient Teutonic judicial f^J*? ' - assemblies were held in the open air ; but some reHc of solar vestiges of solar t. worship — simi- worsnrp may perhaps be traced in the usage and in the language larity to the _p ,, , . .. , _s „ ., _. , Bardic institu- ot this tribunal. The forms adopted in the Free Field Court also tions. a Meibomius, de Irminsula Saxonica, cap. iv. 13—2 196 Proofs and Illustrations Part ii. betray a singular affinity to the doctrines of the British Bards respecting their Gorseddau, or Conventions, which were "always held in the open air, in the eye of the Hght, and in face of the suna." Form of opening When a criminal was to be judged, or a cause to be decided the Court, by a " ' metrical dialogue the Graff and the b'rec Echevins assembled around the "Konigs- between the o p^ner and the 8tuhl " ; and the " Frohner," having proclaimed sUence, opened flu; proceedings by reciting the- following rhymes: Sir Graff, with permission, I beg you to say, According to law, and without delay, If I, your Knave, Who judgment crave, With your good grace, Upon the King's seat, this seat may place. To this address the Graff repfied : While the sun shines with even Hght Upon Masters and Knaves, I shaU declare The law of might, according to right. Place the King's seat true and square, Let even measure, for justice sake, Be given in sight of God and man, That the plaintiff his complaint may make, And the defendant answer, — if he can. In conformity with this permission, the "Frohner" placed the seat of judgment in the middle of the plot, and then he spake for the second time : Sir Graff, Master brave. I remind you of your honour, here, And moreover that I am your Knave; TeU me, therefore, for law sincere. If these mete-wands are even and sure, Fit for the, rich and fit for the poor, Both to measure land and condition; Tell mo as you woidd eschew perdition. And so speaking, he laid the mete-wand on the ground. The Graff then began to try the measure, by placing his right foot «¦ Owen Pugh's Elegies of Llywarch Hen, Pref., p. 46. The place of those meetings was set apart by forming a circle of stones round the Maen Gorsedd, or Stone of the Gorsedd. Proofs and Illustrations 197 against the wand, and he was foUowed by the other Free Echevins Part ii. in rank and order, according to seniority. The length of the mete-wand being thus proved, the Frohner spake for the third time: Sir Graff, I ask by permission, If I with your mete-wand may mete Openly, and without displeasure, Here the king's free judgment seat. And the Graff repfied: I permit right, And I forbid wrong, Under the pains and penalties That to the old known laws belong. Now was the time of measuring the mystic plot; it was measured by tbe mete-wand along and athwart, and when the dimensions were found to be true, the Graff placed himself in the seat of judgment, and gave the charge to the assembled Free Echevins, warning them to pronounce judgment, according to right and justice. On this day, with common consent, And under the clear firmament, A free field court is established here, In the open eye of day; Enter soberly, ye who may. The seat in its place is pight, The mete-wand is found to be right; Declare your judgments without delay ; And let the doom be truly given, WhUst yet the Sun shines bright in heavena. a I owe this translation to the kindness of a friend. I add the metrical form in the original Nether-Saxon dialect. Sir Walter Scott, as my readers will already have perceived, has made good use of this judicial dialogue in Anne of Geierstein, though, by a very excusable poetic licence, he has transferred the rhymes from the free Field court of Corbey, to the Free Vehmic tribunal, — of which, more anon: — I. Diissen Stoel sette moge Herr Greve Up den Konig Stoel mit Orlove. Met Orlove Unde met behage tt Eok yock frage Segget my vor Recht, All dewile die Sunne met reohte Eff eok yuwer Knecht, Besehynet Herm und Kneohte 198 Proofs and Illustrations Part ii. Judgment was given by the Free Echevins according to jurisdiction of pluraHty of voices. The jurisdiction of the Court extended to aU eirtending to a'u crimes committed in the open air — thefts of cattle, or agricultural crimes committed , j T7 7 in the open air, implements, trespasses — and even murder. But unless the eve but to none n others. of light saw the deed, the Free Court, assembled beneath the sky, could not judge the offender. Though the Echevins might pronounce sentence of death, they could not carry the sentence into execution, the criminal being transferred for that purpose to the feudal superior. This restriction, however, was probably of more recent introduction. The Free Judges also appear to have "territorial als° possessed originally a territorial jurisdiction. A free tenant jurisdiction. could not seU his land to a villain, but only to another free tenant. A surrender of the tenement was made in court; and as soon as the free tenant was divested of his land, he became "dienstbar," a vassal or viUain. If this fact be correctly stated by Justus Georgius Schottelius, it is a very singular proof of the extent to which the principle of territorial quafification was carried amongst the Saxon tribes. siniiiar nature in Similar tribunals existed in many other parts of Saxony, not disteicts!1'0111"16 retaining so many mystical ceremonies, yet stiU betraying their common origin. These courts were "fenced" by a dialogue between the Judge and the Prosecutor, no longer in verse, yet in which we discover the phrases of the metrical form — the solemn appeals to the eye of day, the bidding of right, the forbidding of wrong. The Echevins were composed of the viUainage, somewhat obscured in their functions by the learning of the grave Civihan Unde alle use Werke, Openbar und unverholen So sprecke eck dat Recht so stercke; Diissen freyen Konig Stoel. Den Stoel tho setten even Unde Rechte mate tho geven, V l)en Kleger Recht tho horen Eck erloeye R h ' Dem beklageden tho antworten. Unde yorbede unrecht HI. Bey peinn der olden erkannten Recht. Herr Grove, leve Herre VT Eok vermahne yock yuwer Ehre, Eck sy yuwer Kneeht. -Ml dewile an dussem Dage Darum segget my vor Keelit. Met yuwer allem behage, Eff diisse inn the wy gelieke Under dem hellem Himel klar, Dem annen also dem rieken. Ein frey feld gericht openbar: Tho meten Lande and Stande (iehegct beym lechten Sunnenschein By yuwer Seelcn pand. Met noehterm Mund kommen herin, IV Stoel ock is gesettet recht u , ^ ' r*1'1 niaht befiuiden upgerecht Herr (oil, his tongue is torn out secrets of the 1777 7 tribunal. through the back of his neck — and he is then to be hanged seven times higher than any other criminal. And whether restrained by the fear of punishment, or by the stronger ties of mystery, no instance was ever known of any violation of the secrets of the tribunal. vast number of Thus connected by an divisible bond, the members of the "Holy Vehme" became extremely numerous. In the fourteenth century, the league contained upwards of one hundred thousand members. Persons of every rank sought to be associated to this powerful community, and to participate in the immunities which the brethren possessed. Princes were easer to aUow their mini- stcMs to become tbe members of this mysterious and hoby aUiance; a Icdi geloho bey der heiligen Ehe. The employment of Eke for law, is a pure Anglo-Saxonism — Ac, or JEwa,. In a secondary sense it signifies marriage; and perhaps any lawful obligation. the initiated. Proofs and Illustrations 201 and the cities of the Empire were equally anxious to enrol their Part n. magistrates in the Vehmic union. The supreme government of the Vehmic Tribunals was vested General chapter, in the great or general Chapter, composed of the Freegraves and the vehmic , Tribunals, pos- aU the other initiated members, high and low. Over this assembly sessing both a . 7 . 7 17 i l • iu°lcial and a the Emperor might preside m person, but more usuaUy by his legislative deputy, the Stadtholder of the ancient Duchy of Westphafia; an office, which, after the fall of Henry the Lion, Duke of Bruns wick, was annexed to the Archbishopric of Cologne. Before the general Chapter, aU the members were Hable to account for their acts. And it appears that the "Freegraves" reported the proceedings which had taken place within their jurisdictions in the course of the year. Unworthy members were expeUed, or sustained a severer punishment. Statutes, or "Reformations," as they were caUed, were here enacted for the regulation of the Courts, and the amendment of any abuses ; and new and unforeseen cases, for which the existing laws did not provide a remedy, received their determination in the Vehmic Parliament. As the Echevins were of two classes, uninitiated and initiated, vehmic courts of two descriptions so the Vehmic Courts had also a twofold character ; the Offen- —the "offenbare Ding, or Open bare Ding" was an Open Court or Folkmoot; but the " Heim- Foikmoot (see ° r Parti., pp. m, liche Acht" was the far-famed Secret Tribunal. ?«">'. an.dtthe Heimliche The first was held three times in each year. According to secc^ Tribunal the ancient Teutonic usage, it usuaUy assembled on Tuesday, anciently called "Dingstag," or court-day, as weU as "Diensttag," or serving-day, the first open or working day after the two great weekly festivals of Sun-day and Moon-day. Here aU the house- proceedings in holders of the district, whether free or bond, attended as suitors, to which aii the' The "Offenbare Ding" exercised a civil jurisdiction; and in this its jurisdiction Folkmoot appeared any complainant or appellant who sought to service. obtain the aid of the Vehmic Tribunal, in those cases where it did not possess that summary jurisdiction from which it has obtained such fearful celebrity. Here also the suitors of the district made presentments or "wroge," as they are termed, of any offences committed within their knowledge, and which were to be punished by the Graff and Echevins. The criminal jurisdiction of the Vehmic Tribunal took the Extent of the widest range. The "Vehme" could punish mere slander and assigned °by the contumely. Any violation of the Ten Commandments was to be Tribunals. restrained by the Echevins. Secret crimes, not to be proved by the ordinary testimony of witnesses, such as magic, witchcraft, 202 Proofs and Illustrations Part ii. and poison, were particularly to be restrained by the Vehmic Judges; and they sometimes designated their jurisdiction as comprehending every offence against the honour of man or the precepts of religion. Such a definition, if definition it can be called, evidently allowed them to bring every action of which an individual might complain, within the scope of their tribunals. The forcible usurpation of land became an offence against the "Vehme." And if the property of an humble individual was occupied by the proud Burghers of the Hanse. the power of the Defendants might afford a reasonable excuse for the interference of the Vehmic power. circuits of the The Echevins, as Conservators of the Ban of the Empire, Echevins; offend- .. .,......, ers apprehended were bound to make constant circuits within their districts, by in open delict, "hondhabbend," night and by day. If they could apprehend a thief, a murderer, p. 172) imme- or the perpetrator of any other heinous crime in possession of diately executed. x x ^ x the " mainour," or in the very act ; or if his own mouth confessed the deed, they hung him upon the next tree. But to render this execution legal, the foUowing requisites were necessary: — fresh suit, or the apprehension and execution of the offender before daybreak or nightfall; — the visible evidence of the crime; — and lastly, that three Echevms, at least, should seize the offender, testify against him, and judge of the recent deed. "inquisitorial If, without any certain accuser, and without the indication uPon"Leumund" of crime, an individual was stronglv and vehementlv suspected; or open fame, . corresponding «> or when the nature of the offence was snch as that its proof the "male- oiddEn"i h uw cou^ OIUV Tes^ uPon opinion and presumption, the offender then (Pan 1., p. 175). became subject to what the German jurists term the inquisitorial proceeding ; it became tbe duty of the Echevin to denounce the n confirmed by "Leumunda," or manifest evil fame, to the Secret Tribunal. If the the Secret Tribunal, the Echevins and the Freygraff were satisfied with the presentment, "Acht orbann * ° L was denounced either from their own knowledge or from the information of their agamst the ^ wMriiecutedhIs comPeer> the offender was said to be "verfambt"; — his life was b°e0apprehendedld forfeited ; and wherever he was found by the brethren of the tribunal, they executed him without the sHghtest delay or mercy. An offender who had escaped from the Echevins was Hable to the same punishment; and such also was the doom of the party, n Denunciation upon Leumund, is exactly the " malecredence " of Anglo-Norman law. The word signifies common and notorious, or evil fame or repute. Wat liter derives it from Leoma or Lioma (A.S.), light or brightness ; hence applied to matters openly and notoriously known. Proofs and Illustrations 203 who, after having been summoned pursuant to an appeal preferred Part n. in open court, made default in appearing. But one of the "Wis- one of the sende" was in no respect Hable to the summary process, or to beingSprelumed the inquisitorial proceeding, unless he had revealed the secrets of was always TT - , 7 • p 7 allowed to clear the Court. He was presumed to be a true man ; and it accused himself by his upon vehement suspicion or "Leumund," the same presumption oath. or evil repute, which was fatal to the uninitiated, might be entirely rebutted by the compurgatory oath of the free Echevin. If a Accusatorial or ,7 ttt • ... 7 ordinary process, party, accused by appeal, did not shun investigation, he appeared by examination in the Open Court, and defended himself according to the ordinary rules of law. If he absconded, or if the evidence or presumptions were against him, the accusation then came before the Judges of the Secret Court, who pronounced the doom. The accusatorial process, as it was termed, was also, in many cases, brought in the first instance before the " Heimliche Acht." Proceeding upon the examination of witnesses, it possessed no pecufiar character, and its forms were those of the ordinary courts of justice. It was only in this manner that one of the "Wissende" or " Witan" The" wissende" J liable only to the could be tried ; and the privilege of being exempted from the accusatorial summary process or from the effects of the "Leumund," appears to have been one of the reasons which induced so many of those who did not tread the "red earth" to seek to be included in the Vehmic bond. There was no mystery in the assembly of the Heimliche Acht. "Heimliche ttt Acht." °' Secret Under the oak or under the Hme-tree, the Judges assembled ; Tribunal or ° Court, derived its in broad day-fight and before the eye of heaven ; but the tribunal °>™ fr°m thf , . ° J precautions taken derived its name from the precautions which were taken, for the l°(r Jj£JJjnpo[£ purpose of preventing any disclosure of its proceedings which g^"^"^^0— might enable the offender to escape the vengeance of the Vehme. s°£ef™mna"L Hence, the fearful oath of secrecy which bound the Echevins. ^^'^^ And if any stranger was found present in the Court, the unlucky intruder instantly forfeited his life as a punishment for bis temerity. If the presentment or denunciation did chance to become known to the offender, the law aUowed him a right of appeal. But the permission was of very little utility, it was a profitless boon, for the Vehmic Judges always laboured to conceal the judgment from the hapless criminal, who seldom was aware of his sentence until his neck was encircled by the halter. Charlemagne, according to the traditions of Westphalia, was vehmic Tribunals xl, £ 7 7 xl x — their origin tne founder of the Vehmic Tribunal ; and it was supposed that attributed to i -i ci Charlemagne; ne instituted the Court for the purpose of coercing the Saxons, but to be con- A x ^ sidered more ever ready to relapse into the idolatry from which they had been properly as the 204 Proofs and Illustrations Part II. ancient denunciatorycourts of the "Old Saxons," which had survived the conquest of the nation.Comparison between the Vehmic Courts and the English territorial jurisdictions of the Hundred, &c. (Part I., pp. 80—174). Probability,that in earlier periods persons accused upon "Leumund" before the Vehmic Courts could clear themselves by ordeal. reclaimed, not by persuasion, but by the sword. This opinion, however, is not confirmed either by documentary evidence or by contemporary historians. And if we examine the proceedings of the Vehmic Tribunal, we shaU see that, in principle, it differs in no essential character from the summary jurisdiction exer cised in the townships and hundreds of Anglo-Saxon England. Amongst us, the thief or the robber was equally Hable to summary punishment, if apprehended by the men of the Township; and the same rules disqualified them from proceeding to summary execution. An Engfish outlaw was exactly in the situation of him, who had escaped from the hands of the Echevins, or who had failed to appear before the Vehmic Court : he was condemned unheard, nor was he confronted with his accusers. The inquisi torial proceedings, as they are termed by the German Jurists, are identical with our ancient presentments. Presumptions are sub stituted for proofs, and general opinion holds the place of a respon sible accuser. He who was untrue to aU the people, in the Saxon age, or Hable to the malecredence of the inquest at a subsequent period, was scarcely more fortunate than he who was branded as "Leumund" by the Vehmic law. In cases of open delict and of outlawry, there was substantially no difference whatever between the Engfish and the Vehmic proceedings. But in the inquisitorial process, the delinquent was allowed, according to our older code, to run the risk of the ordeal. He was accused by or before the Hundred, or the Thanes of the Wapentake ; and his own oath cleared him, if a true man; but he "bore the iron" if unable to avaU himself of the credit derived from a good and fair reputation. The same course may have been originally adopted in WestpbaHa; for the "Wissend," when accused, could exculpate himseff by his compurgatory oath, being presumed to be of good fame : and it is therefore probable that an uninitiated offender, standing a stage lower in character and credibility, was allowed the last resort of the ordeal. But when the judgment of God was abolished by the decrees of the Church, it did not occur to tbe Vehmic Judges to put the offender upon bis second trial by the visne, which now forms the dis tinguishing characteristic of the English law. and he was at once considered as condemned. The Heimliche Acht is a presentment not traversable by the offender. The Vebniic Tribunals can only be considered as the original jurisdictions of the "Old Saxons," which survived the subjugation of their country. The singular and mystic forms of initiation, Proofs and Illustrations 205 the system of enigmatical phrases, the use of the signs and symbols Part n. of recognition, may probably be ascribed to the period when the whole system was united to the worship of the Deities of vengeance, and when the sentence was promulgated by the Doomsmen, assembled, Hke the Ases of old, before the altars of Thor or Woden. Of this connexion with ancient pagan poficy, so clearly to be traced in the Icelandic Courts, the English territorial jurisdictions offer some very faint vestiges a ; but the mystery had long been dis persed, and the whole system passed into the ordinary machinery of the law. As to the Vehmic Tribunals, it is acknowledged, that in a vehmic Tri- truly barbarous age and country, their proceedings, however without their use violent, were not without utiHty. Their severe and secret 'n vengeance often deterred the rapacity of the noble robber, and protected the humble suppfiant ; the extent, and even the abuse, of their authority was in some measure justified in an Empire divided into numerous independent jurisdictions, and not sub jected to any paramount tribunal, able to administer impartial justice to the oppressed. But as the times improved, the Vehmic Tribunals degenerated. The Echevins, chosen from the inferior ranks, did not possess any personal consideration. Opposed by the opulent cities of the Hanse, and objects of the suspicion and the enmity of the powerful aristocracy, the tribunals of some districts were abolished by law, and others took the form of ordinary territorial jurisdictions; the greater number fell into desuetude. Yet, as late as the middle of the eighteenth century, a few Vehmic Tribunals existed in name, though, as it may be easUy supposed, without possessing any remnant of their pristine power b. a The strange ceremony of the "Gathering of the Ward Staff" in Ongar Hundred (see below, p. 207), for instance, possesses a similarity to the style of the Free Field Court of Corbey. b The principal authorities which I have consulted are, Schottefius ; Preherus de Secretis Judiciis, Ratisbon, 1762 ; Kopp, Ueber die Ver- fassung der Heimlichen Gerichte, Gottingen, 1794 ; Beck, Geschichte der Westphalischen Fehm Gerichte, Bremen, 1814; and the Corpus Juris Germanici, Frankfort, 1766. The latter contains some very curious original documents, and in particular the "Codex Legum et Consuetudinum Judicii Westphalici summse sedis Tremonensis." The covers of the original manuscript of this code were fastened by a padlock ; and the reader, if he found its pages open, was to be deterred by the inscription, warning him, at his peril, to refrain from indulging 206 Proofs and Illustrations Part II. ^ _, Plaoios and Mode of Assembling the Folkmoot of the Hundred. — The "Ward-Staff" of Ongar. Examples of In England, the ancient mode of assembling the suitors of the of'thT^de!." Hundred "beneath the sky," continued to be retained with very inPther open"' remarkable steadiness. Within memory, at least within the air, in the neighbourhood memory of those who flourished when Engfish topography began treeSsP,r'uponUn r to be studied, the primeval custom stiU flourished throughout Part i„ p. 113). the realm. Hafikeld Wapentake derives its name from the consecrated spring, whose worship was forbidden by Cnute. Modbury, the Mootbergh, vies with the Tinwald of Man; and similar examples of Hundred and Manor Courts, held upon Moot hiUs, or beneath ancient trees, may be found in every his curiosity. None but a Free Echevin was to venture to peruse the Custumal of the dread Tribunal. The manuscript begins with a short nomenclature : — i. Freygraff — Judex est et locumtenens Regis quoad jurisdic- tionem. h. Freyscheff— Assessor est Comitis privUegiati archanorum judi- ciorum ; atque Ulos archani conscios vocant, Wissendt. iii. Notschoff — Qui privUegia et archana Scabinorum archanorum false ac dolose suscepit, et perjurio commisso, eos decepit. iv. Unwissendt — Omnes vocant qui non sunt Scabini privilegiati atque ejus symboU nescii. v. Stulherr — Est ejus territorii dominus, in quo habetur sedes juditiaria. [The Body of German Law, Frankfort 1776 — The Code of Laws and Customs of the chief court of Westphalian Justice at- Dortmund.] [i. Freygraff — Is the judge and as regards jurisdiction the king's deputy. n. Freyscheff— Is assistant of the Count, who has authority to pronounce secret dooms, and they call those who have knowledge of the secrets Wissendt. iii. Notschoff — One who has been admitted to the power and secrets of the Echevins fraudulently and deceitfully, and committing perjury, has deceived them. iv. Unwissendt — Are called all those who are not privileged Soabines and do not know its sign. v. Stulherr — Is the Lord of that territory, in which the Court of justice is situated.] Proofs and Illustrations 207 Shire*. It is remarkable that, on the Continent, there appear to be Part n. very few subsisting traces of popular Courts held in the open air, Few similar except in Scandinavia and its dependencies, where the authority o^the continent, of Charlemagne did not extend ; in Westphafia, where the Vehmic Scandinavia Tribunals retained, as I have supposed, their pristine Saxon law ; being 'subject and in "Free Friesland," the last stronghold of Teutonic Hberty. was notified The "Tale of the Ward Staff," to which we must now proceed, Part i., P. m, ' appears as a strange and uncouth fragment of the earfiest customs meetings to be rL ° ° held under of the Teutons. Corrupted by the errors of the transcriber, the «>*<*) and x J in Westphalia, "Tale" was, without doubt, also modernized in the mouths of tbe where the ancient jurisdictions Churls who repeated it ; and yet we can stiU recognize tbe tone and pasted as x J ° before mentioned, the phraseology of the Courts of the Eresberg. The "Irminsul" and in F»«iand. itseH has been described as a trunk of a tree. Thor was worshipped under the same rude symbol ; and it may be suspected, that the singular respect and reverence shewn to the Ward Staff of the East Saxons, is not without its relation to the rites and ceremonies of the heathen time, though innocently and unconsciously retained. Tale of the Ward Staff". Aungr Hundr. — The order of the gathering and yearly making of the Wardstaff of the King there, with the due course and circumstance of the yearly watch, ward, and service royaU incident to the same. That is to say, a Hafikeld is in Yorkshire ; Modbury (i.e. Mot-beorg) is in Devon ; the foUowing examples may be added : — Barkston (York) under an ash-tree, caUed Barkston Ash; Fawsley (Northampton) under an enormous beech, caUed Mangrave, measuring nineteen feet in circum ference above the spurs ; Sheffield (Surrey) under an oak ; Bucklow (Cheshire) on Bucklow HiU ; Clarho (York) on a smaU hfilock, perhaps a natural elevation, near Acton Mauleverer. » Morant (Hist. Essex, I. p. 126) says, "The MS. whence this " was taken, is an account of the rents of the Hundred in the time of " John Stoner (of Loughton) who had a grant of it for his life in the 34th of Hen. VIII., which are said to be such as have been executed, " done, paid, used, observed, and kept, not only in the time of Ed. III. and Rob. Bruce, sometime King of Scots, but also in the time of his '' noble progenitors, Kings of England, long before, when the Saxons inhabited this realme, as manifestly may appeare more at large by " antient records thereof made by Humfrey de Bohun then Earl of " Hereford and Essex and Constable of England, Lord of the said " Hundred, dated at Pleashy the 10th of July, in the 11th of the said King Edward, as also by divers others ancient and sundrie notable Records, the same remaining written in the Saxon tongue." 208 Proofs and Illustrations Part ii. First, the Baififfe of the said Libertie, or Hundred shall gather and yearly make the Wardstaffe of some wUlow bough, growing in Abbasse-Rothing Wood, the Sunday next before Hock- Munday a, which shall containe in length Hi quarters of a yard, and vifi inches round in compasse, or thereabout. And hee shall convey the same ymedialtely unto the Mannor Place of Ruckwood- Hall, in Abbasse-Rothing af ores' d. where the Lord of the said Manor for the tyme being shall reverently the same receive into his house, and shall rowle itt upp in a faire fine lynnen cloth, or towell, and so lay it upon some pUlow or cushion on a table or cubberd standing in the chiefe or hig best place in the hall of the said Maner Place, there to remaine untill the said Baififfe shaU have refreshed himself. And when the said Baififfe shaU see convenient tyme to departe, he shall convey the same staffe by sunne shineing unto Wardhatch-lane besides Long-Barnes, in Roothing aforesaid; when and where the said Lord of Ruckwood-HaU, and aU and everie other tennant and tennants, land-owners, which by reason of their tenure doe hould their lands likewise by service Royall, to watch and warde the said staffe there, upon convenient summons and warning to be given unto them yearly by the said Lord of Ruckwood-HaU for the time being, with their f uU ordinarie number of able men weU harnished with sufficient weapon shall attend. Whereuppon the Lord of Ruckwood-HaU shaU then and there yearly at his proper costs and charges, have readie prepared a great rope caUed a barr, with a bell hanging on the end of the same, which he shaU cause to be extended overthwart the said lane, as the custom hath beene, to stay and arrest such people as would pass by. Att the end of which said barr, not far from the said beU, shaU be laid downe reverently tbe said staffe upon a piUowe or cushion, on the grounde ; which done, forthwith the said BaUiffe shall severally call the names of aU the aforesaid tenants, land-owners, who shall present their said ordinarie number of men accordmgly. Then shall the said Baififfe in the King our Soveraigne Lord's name, straightlie charge and comand them and everie of them to watch and keep the ward in due silence, soe that the King be harmless and the countree scatheless, untill the sunne arrising, when good houre shall be for the said Lord of Ruckwood-HaU to repair unto the said Staffe, who in tho presence of the whole watch shall take the same Staffe into his hand, and shall make uppon the upper rind of the same with 0 A Fortnight after Easter. Proofs and Illustrations 209 a knife, a score or notch, as a marke or token, declaring their Part ii. loyaU service done for that year in this behalfe; and soe shaU deliver the said Staffe unto the Baififfe, sending it unto the Lord or land-owner of the Mannor of FiffeUd, or unto the Tennant resiant, saying this notable narrac[i]on of the Wardstaffe hereafter written, in the Saxon tongue ; which done, they may hale up the said barr, and depart at their pleasure. The Tale of the Wardstaffe. Iohe athied the Staffe byleue Thanne Staffe Iche toke byleue, Byleue Iohe will tellen How the Staffe have I got : Thotlie Staffe to me com, As he houton for to don, Faire and well Iche him underling As Iche houton for to don. All iche theron challenged That thearon was for to challenge, Namelicbe, this, and this, And all that thear was for to challenge. Fayer iche him upp dede, As iche houton for to don, All iche warnyd to the ward to cum, That thereto houton for to cum By sunne shining. We our roope theder brouton, A roope celtan, as we houton for to don, And there waren and wakeden, And the ward soe kept That the King was harmeles And the Country scatheless. And a morn when itt day was, And the sun arisen was, Faier honour waren to us toke, Als us howen for to don. Fayre on the staffe wee scorden As we houton for to don. Fayre we him senden, Hether we houuen for to sende. And zif ther is any man, That this wittsiggen* can ; Iche am here ready for to don Ayens himself iche one. Other mid him on, Other mid myn f eren Als we ther waren. Sir, by leave, take this Staffe, This is the Tale of the Wardstaffe".1 " Wi>secgan to Gainsay. * The corruptions that this "Tale" has sustained have been partly remedied by conjecture, in which I have enjoyed the able assistance of Mr. Price and Mr. Singer. [Quickly I laid hold of (read athield) the Staff, The Staff I took quickly, Quickly I will tell How I the Staff have got ; That Staff there came to me, As it ought to do ; Fairly and well I received him As I ought to do : By it I challenged all That was to be challenged by it, Namely this and this, And all that there was to be challenged. Fairly I dressed him up As I ought to do, All I warned to come to the watching, That ought to come to it, By sun shining. We brought our rope thither, Made a rope ring (read cneldon), as we ought to do, And remained there and kept watch, And so kept ward, That the King suffered no loss, And the Country no damage. And in the morning when it was light And the sun had arisen, Due honour was bestowed on us, As they ought to do to us. Fairly we put a score on the staff, As we ought to do, Fairly we sent it Thither (read Thether) we have to send it . And if there is any man, That may gainsay this, I am here ready to do Battle against him, I alone; Either with him alone, Or with my companions As we were there. Sir, by your leave, take this Staff. This is the tale of the Wardstaffe.] p. vn. 14 210 Proofs and Illustrations Part ii. The Munday foUowing, caUed Hock-Munday, the said Staffe shall be presented yearly unto the Lord and owner of the manor of Fiffeild for the time being, or his resient, who shaU ymediately unfold the clothes it is wrapped in, that it may appear by the score made thereon, how the aforesaid Lord of Ruckwood Hall and other tennants, which by reason of their tenures of their lands, owe suit and service to watch the said Staffe at Abbass- Rothing aforesaid, have done their watch and service-royall accordingly the night before. Then shall he clothe it again, lay it in order, and use it in every degree as the Lord of Ruckwood- HaU hath done, &c. This is called A bbass-Rothing Watch. N.B. The watch is kept at the Cross wdth a hand, at the three Wants in FiffeUd. Tuseday foUowing, it is carried to the Lord of the Mannor of Nash-Hall in High-Ongar, who, &c. as before. This is called Stondon Watch. N.B. The watch is kept at Horrelsford, abas Hallsford. Navestock Watch. Wednesday foUowing the same is yearly presented to the Lord of the Mannor of Loft-Hall in Navestock, &c. The watch is kept in Three Wants-Lane. Staplef or d- Abbots Watch. The Thursday foUowing, the said Staffe shaUe be yearly presented to the Lord of Battels Hall, &c. Watch kept at Pissingford Bridge. Lamborne. Friday foUowing, the said Staff shaU be yearly presented to the Lord of the Manor of Lamborne- Hall. &c. The watch is kept at a cross in the middle of the town of Abridge. Chigwell. The Sunday foUowing, the Staff shalt be presented to the land owners of Loughborroir, &••. The watch kept at the cross against Ihe church. Theydou-Gcrnon. The Monday following, the Staff shall be presented to the Lord of tho Manor of Gaynes-Park-Hall, &c. The watch kept at Webbis-Gross in Thcydon-Gernon. Proofs and Illustrations 211 Morton. Part II. The Tuesday foUowing, the said Staffe shall be yearly presented to the Lord of the Manor of Blake-Hall, &c. Watch kept in the midst of the town of Morton. Maudlin-Laver. The Wednesday foUowing the Staffe shaU be presented yearly unto the Lord of the Manor of High-Laver, &c. Watch at Poole- lane end in Maudlin-Laver. The ceremony of the watch in each parish I have omitted, being the same as in Abbasse-Rothing. I have also omitted the number of watchmen in each parish. This Procession seems to have been a yearly muster of fencible men, who were appointed to guard tbe Hundred against murthers and robberies, for both which it was liable to pay a fine. If, by preventing these, the King receives no harm, as in the loss of a subject, or the felonious breach of his peace, the subject escapes a fine, otherwise due for suffering a murtherer or thief to escape. The ceremony began at Abbasse-Rothing, as at the extremity of the Hundred, went on to Chigwell, the other extreme, and returned to High-Laver, which was in the neighbourhood of Ruckwood-HaU. At one of these two manor-houses we may suppose it deposited, with due regard to royal authority. What we learn from Records concerning the design of this ceremony of the Wardstaff is, that it was to represent the King's person a, and to keep the King's peace. Some lands were held by the service of finding two men to watch with the Wardstaff, of keeping the Wardstaff ; and of paying Ward-sUver, and doing white-service at the Wardstaff0. » Margaret Nynge ten' ... 4 acr' pasture, 2 acr' prati, 3 acr' bosci in Bobingworthe de Dfio Rege, per servic' custodiendi Virgam Dfii Regis vocat' le Wardstaffe apud Bobbingworthe annuatim cum ibid' venerit ; per quam quidem Virgam, Persona Dfii Regis representatur. — Inquis. 15 Hen. VIII. March 1st. [Margaret Nynge holds. . .4 acres of pasture, 2 acres of meadow, 3 acres of wood in Bobbingworth of our Lord the King by the service of keeping the Staff of our Lord the King caUed the Wardstaff at Bobbingworth, when he came every year to that place; by which Staff, indeed, the Person of the Lord King is represented. (Inquis. 15 Hen. VIII. March 1st.)] b Johes Wright ten' Maner' de Kelvedon de Robto Dno Riche, ut de le Wardstaffe ; et per servic' inveniendi duos homines ad vigfiand' 1-1—2 212 Proofs and Illustrations Part ii. To conclude, this Wardstaff was to be carried through the towns and hundreds of Essex, as far as a place caUed Atte Wode near the sea, and be thrown there into the seaa. This custom hath been long neglected. (Morant's Essex, vol. ii. pp. 126, 127.) cum p'dco Wardstaffe, pro omnibus serviciis, &c. — Inquis. 6 Jaco. July Hi. Reginald Bysmere ten' Maner' de DaweshaU in Lamboum, de Duco Buck' ut de Castro de Ongar, per fid' & reddit 2s. per ann. vocat' Ward silver, ac ad faciend' dco Duci, iUbum servic' ad le Wardstaffe in Hundred' de Ongar.— Inquis. 22 Hen. VII. Cecilia Welis ten' Maner' de Maddels in Epping, &c. de eodem Duce per servic' custodiendi le Wardstaffe pro omni servic' &c. — Inquis. 23 Hen. VII. [John Wright holds the Manor of Kelvedon of Robert, Lord Rich as of the Wardstaff and by the service of finding two men to watch with the aforesaid wardstaff for aU services. (Inquis. 6 James, July 16th.) Reginald Bysmere holds the Manor of DaweshaU in Lamboume of the Duke of Buckingham as of the Castle of Ongar, by fidelity and the rent of 2s. annuaUy caUed Ward sUver by doing to the said Duke White service for the Wardstaff in the Hundred of Ongar. (Inquis. 22 Henry VII.) CecUy Welis holds the Manor of Maddels in Epping, &c, of the same Duke by the service of keeping the Wardstaff for aU service, &c. (Inquis. 23 Hen. VII.)] a IsabeUa de Dover, pro dimid' Maner de Chyngelford, debebat, per balbvum, ad le Hokeday ferre quoddam baculum vocat' Wardstaff, pro pace Regis servanda, qui bactdus defend debet per vuT et Hundr' Essex usque locum vocat' Attewode prope mare, et ibi projici in mare. — Rot. Assis. 56 Hen. III. rot. 4. [Isabel of Dover, for half the Manor of Chingford ought to carry by her bailiff on Hock-day a certain staff caUed Wardstaff, for the preservation of the King's Peace; which staff should be carried through the towns and hundreds of Essex as far as a place caUed Attewode near the sea, and there cast into the sea. (Rolls of the Assizes, 56 Hen. III. roll 4.)] Proofs and Illustrations 213 Part II. RECORD BY ORAL TESTIMONY. As we certainly borrowed the term of " record " from the Record, oral testimony so denominated according to Norman practitioners, though the usage itself was not £« Norman law. (See r ° ° Part I., p. 117 et seq.) peculiar to the Duchy, I add the passages which I have quoted in the text. It wiU be seen that "record " was con sidered, in fact, a legal mode of bearing testimony, — a verbal certificate made by a certain number of persons, and in a definite form, — a declaration, to which judicial faith was given, and which could not be controverted. "Record of Court," as practised in England, may also be properly understood, by viewing the "Recorders" as an authorized deputation from the inferior jurisdiction, to the superior tribunal, and attesting its proceedings. An instance Record, as described in the of this may be subsequently found in the Assize of Henry II. (see below, p. 222.) Tbe men of the Township, or Hundred, came from the Township, or the Hundred, to testify the judg ment which had been passed before them. In the same manner did the men of the Shire appear before the Justices in Eyre; and the Justices in Eyre in their turn made their "record," or gave testimony in person, in and before the Curia Regis, of which they themselves were members. Examples of Oral Record according to the Ancient Norman Law. De Recort de Court de Roy. Recort de Court de Roy, est li recors des chosez qi sont Record ,of £e £"<• J ' ^ Court, xe. the King's feites pardevant le Roy. Toutes les chosez qi sont feites Testimony. pardevant le Roy, pour tant qe U i- ait ung autre avecqes h, qi qe il soit, ont recort : et cest recort puet U faire soi et autre, et se il ne le velt faire, il puet estre fet par deux autres; et sa personne ne puet estre seonnee, ne a ce, ne a autre chose. Toutes les choses qi sont feites en droit pardevant lui, doivent maintenant avoir pardurable fermete. [Of Record in the King's Court. Record of the King's Court is the authentic testimony of the proceedings in the King's presence. AU proceedings in the King's presence, provided that there be another with bim, who soever he be, are matter of record ; and this record he can bear, 214 Proofs and Illustrations Part II. himself and another ; and if he does not wish to bear it, it can be borne by two others ; and his (royal) person is not subject to challenge either in this or other matters. AU legal proceedings in his presence shall have forthwith perpetual force.] Record of the Exchequer. Record of Assize. Record of Battle. De Recort d'Esehequier. Recort d'Eschequier doit estre fet au mains par sept personnes creablez, a qi 1' om doit enjoindre qe U diront voir, par le serement qe Hz ont fet au Roy ; et Uz le doivent otrorier. Et se ilz n' ont fet serement au Roy, U jureront qe Uz recorderont verity. Et se les personnez voelent seonner aucun des record oorz, ilz doivent estre oi; et ce a lieu en tout recort de court, excepte la personne, et ceUe au bailfif, fors en lor propres causes. Cest recort puet estre en des chosez qi sont feites ou dites ou otroiees en court. [Of Record in the Exchequer. Record of Exchequer should be borne by at least seven credible persons, on whom it is to be enjoined that they speak the truth, in accordance with the oath which they have taken to the King; and they must promise that. And if they have not made oath to the King, they wiU swear to bear true record. And if the parties concerned desire to chaUenge any of the recorders, they must have a hearing; and this holds good in every record of court, the King's person excepted and that of his justiciar, unless their interests are concerned. This record may apply to things done or said or granted in a court.] De Recort d'assise. Recort d'assise, est fet en ceste meisrne manere, fors qe li recors de l'Eschequier doit estre fez en rEschequier, et cil de l'assise en l'assise. [Of Record of Assize. Record of Assize is borne in the same manner, except that the record of the Exchequer is to be borne in the Exchequer and that of the assize in the assize.] Recort de Bataille. Recort de bataille, doit estiv fet pur sept homes jures, en qui court qe la bataille ait este fcite. [Record of Battle. Record of Battle is to be made by seven sworn men, in the court in which the battle was adjudged.] Proofs and Illustrations 215 Part II. Recort de Veue. Recort de veue, doit estre fet par quatre chevalers, et Record of view. par les ser j ans et par huit loiax hommez, si qe chascon doit jurer, quant 1' om plaide por la propriete de la chose. Mes se la veue fu de dessaisine, ou pour aucune tel chose, U poet estre fet par duze loiaus hommes qi jurent, et par le serjant. [Record of View. Record of View is to be borne by four knights and by the sergeants and by eight legal men, in such wise that each man is to be sworn, when the action is one of proprietary right. But if the view be of disseisin, or any such matter, it may be made by twelve legal men on oath, and by the sergeant.] The foregoing extracts are taken from a very valuable manuscript of the Grand Coustumier, or Custumal of Nor mandy, in the possession of the Earl of Gosford, and formerly belonging to Sir OHver St. John. The Custumal itself is the production of some private practitioner, but unquestion ably containing the usages of the country, as they prevaUed at the period of its separation from the English Crown. Examples of Oral Record according to the Antient English Law. Oxon. Simon de la Gumbe, Gilbertus de la Hyde, Williel- ^^S^T^et mus de Clinton, et Radulphus Waunzy dicunt pro comitatu ^^^SJS, Oxonise quod Adam de Bedingfield nunquam in comitatu 5i'egedhto hat™ incurred iUo uthlagatus fuit; de quo prasceptum fuit vicecomiti ut °utlawry- inde inquireret rei veritatem. Et dicunt quod nichU ibi fecit, unde utlagari debuit.— Plac. apud Westm. 6 Ric. I. [Examples of Oral Record according to the Ancient English Law. Oxon. Simon de la Cumbe, Gilbert de la Hyde, William de Clinton and Ralph Waunzy say on behalf of the County of Oxford that Adam de Bedingfield had never been outlawed in that county ; whereupon the sheriff was ordered to inquire into the truth of the matter. And they say that he had done nothing in that county, for which he ought to have been out lawed. (Pleas at Westminster, 6 Richard I.)] 216 Proofs and Illustrations Part ii. Lincoln. Galfridus filius Petri et WiUielmus de Stute- jnsticesinEyrebearrecord ville et eorum socu, justioiarii itinerantes in comitatu westminster%Sfan°Appeai Lincolnice, recordant, quod Hugo de Severbi appeUat Alvre- Lincoin, by Hugo de dum de Glerdham, quod contra pacem domini Regis et inique Severby, who, as he . . x alleges, was present when assultavit Henricum fratrem suum, et ilium vulneravit AlvredusdeGlenthamslew ^ 'us brother, Henricus de dextera manu sua, uncle obiit. Et hoc offert probare Severby. The Appellant ' . . jjxvoojic being, as usual, a witness versus eum, per eonsiderationem curiae, et quod hoc vidit et in his own cause (see * x Part i., p. 190). audivit. Et Jordanum appellat de vi. qui uthlagatus est. The Delendant pleads that rr, ^ ° he is dkabied by epilepsy, Alvredus totum dcfendit, sicut homo maimatus de but offers to defend him self by either of two mort,0 (il(| N,.0, et sicut curia cortsideraverit, vel per Robertum Champions, who are his x ornTOs'sais!ndals°hi',m':n ^e Karleton hominem suum et cognatum, vel per Willielmum fo'ok'the Defendan'TLnd Braunche, qui hoc offerunt defendere, per corpora sua. and'irout]awedV^nPthde Hugo autem dicit, quod ad factum cepit ipsos Alvredum b?t'inqui?eTSby^atjnur^ et Jordanvm et ipsos liberavit ballivis Gerardi de Cdmville, wheth^rlerjerfendaifthbe tunc Vic. et petit ut inquiratur per sacramentum viginti epaepsf^w'hethSthe et quatuor militum provinciaHum utrum Alvredus habet SSS" °r are not morbum caducum vel non. Et utrum Robertus et WiUielmus Kn^tl^ Parentes ejus sinf, vel non. (Part"", p. 2%, tesSfy MUites custodientes placita corona? inde conventi dicunt, that the Appeal had been 7. . . . . 7 1 • , t 7 duly brought in the county quod m comitatu pnmo appeUavit Jordanum, qm nunc utlagatus est, de facto, et Alvredum de vi. — Plac. apud Westm. 6 Ric. I. [Lincoln. Geoffrey Fitz-Peter and William of StuteviUe and their feUows, Justices in Eyre in the county of Lincoln, bear record that Hugh of Severby appeals Alured of Glentham, because, against the peace of our Lord the King and wickedly, he assaulted his brother Henry and wounded him with his right hand, in consequence of which wound he has since died. And this he (i.e. Hugh) offers to prove against him, by the award of the court, and that he saw and heard this. And he appeals Jordan of violence, who is outlawed. Alured defends the whole charge as one disabled by epilepsy and as the court shaU award, either by Robert of Karleton, his man and kinsman or by William Braunehe, who offer to defend this charge by their bodies. Hugh however says that he took Alured and Jordan in the act and delivered them to tbe bailiffs of Gerard of Camville, then the sheriff. He prays that an inquiry be made by the oath of twenty-four Knights of the county as to whether Alured has epilepsy or not; and whether Robert and William are his kinsmen or not. The Knights keeping the pleas of the Crown, who were there Court Proofs and Illustrations 217 assembled, state that Hugh appealed Jordan in the first County Part II. Court for the deed and he is now outlawed, and he had also appealed Alured for violence. (Pleas at Westminster, 6 Richard I.)] Oxon. Ricardus flius Niqelli, WiUielmus iilius Niqelli, Knights deputed by the J a > J vi County Court to the King's WiUielmus de Bruqes, Walterus de Gersinion, Henricus de court at Westminster, J who make record, or Hauverd, Ricardus Talemasche et WiUielmus filius Elice, £stitLc™ounnty3g court ^ missi per comitatum Oxonice ad faciendum recordum loquelse ^^^"l, ^L5™! quae fuit in comitatu, inter Ricardum Foliot petentem et ^°n c™*- u^J°r^ Willielmum Salveyn tenentem, de una hida terrae et dimidia fSSn'to ^^mlrdari in Kadewell, recordantur, quod Ricardus venit in comitatu, et faclas loi"elam- tulit breve de recto versus eundem Willielmum, et probavit defaltam curia? Willielmi de Oyly. — Placita apud Westm. 5 Joh. [Oxon. Richard Fitz-Nigel, William Fitz-Nigel, William of Bruges, Walter of Garsington, Henry of Hayford, Richard Tollemache and William, son of Elias were sent by the County Court of Oxford to make record of a plea held in the County Court between Richard Foliot demandant and William Salveyn tenant, of one hide and a half of land in Kadewell. They record that Richard came to the County Court and brought a writ of right against this same William and proved a default of the court of William of Oyly. (Pleas at Westminster, 5 John.)] Rex Vicecomiti Eborum, salutem. Prsecipimus tibi quod assumptis tecum quatuor discretis et legafibus mifitibus de writs of re. fa. io. as in ° use after the custom was comitatu tuo accedas ad curiam, &c. Et in plena curia iUa introduced of sending a ¦*- written statement or re- recordari facias loquelam, quae est in eadem curia per breve l°{ri^ ^J^c^b nostrum de recto, &c. Et recordum ilium habeas coram under the. se,Ts °^*?» 3 persons who "recorded justiciariis nostris apud Westmonasterium tali die sub sigiUo ^,s^i^^tn^ tuo et sigilfis quatuor legalium hominum ejusdem curiae, ex mr^£''as™th*%erba. iUis qui recordo iUi interfuerint. tlf^J^ut^). [The King to the Sheriff of York, greeting. We hereby com mand you that taking with you four discreet and legal knights of your shire, you repair to the Court, etc. ; and in fuU court you cause to be recorded the plea, which is in that same court by our writ of right etc. ; and do you have that record before our justices at Westminster on such and such a day, under your own seal and the seals of four legal men of the same court from among those who were present at that record.] 218 Proofs and Illustrations Part ii. Rex, &c. Comiti Cestrice filio suo charissimo vel ejus justiciario, &c. salutem. Cum A. petit, &c, mandamus vobis, quod si ita sit, tunc in pleno comitatu vestro recordari facias loquelam pra.'dictam. Et recordum et processum loquehe praedicta:, cum omnibus ea tangentibus, justiciariis nostris apud Wesimonasterium tab die sub sigillo vestro et sigillis quatuor legalium mililum ejusdem comitatus, ex iUis qui recordo iUi interfuerint, distincte et aperte mittatis.— Reg. Brevium, pp. 5, 0. [The King, &c, to the Earl of Chester, his own beloved son or his justice, &c, greeting. Whereas A. demands, &c, we command you, that, if it be so, you then in fuU county court cause that plea to be recorded ; and that you send clearly and openly to our justices at Westminster, that record and the process of the aforesaid plea, with aU matters that relate thereto, on such and such a day, under your own seal and the seals of four legal knights of that same county, from among those who were present at that record. (Register of Writs, pp. 5, 6.)] ASSIZE OR STATUTE OF HENRY II. FOR THE CONSERVATION OF THE PEACE. Assize of Henry ii. (Part Independently of the importance possessed by this its singularity, as being Assize, on account of the regulations which it prescribes, it the earliest specimen of i Angio-Norman legislation is very remarkable, as the earliest specimen of an Anglo- preserved in an authentic ^ ^ . fomu Norman statute in an authentic form. The laws of Wilham the Conqueror are promulgated like those of his Anglo- Saxon predecessors, but this is an act of Parfiamentary regulation ; and the other documents of a simUar description are only recited by the chroniclers, who, though they may have given the substance of the Assizes of Henry II. and Richard I. with tolerable accuracy, have yet faded to present them in their strict and legal guise. The present Statute is contained in a very fine and early copy of Glanville (Bib. Reg. 14. C. ii.), where it has lurked unnoticed until the present time. And it is possible, that other MSS. of the same class may yet conceal legislative proceedings of great Frankpledge directed to value. The clauses relating to the Inquests of the Town- (PartT,Wp. 2iyo)his '* ships and Hundreds, and tbe renewal of the Frankpledge, have been already explained. It may be added, however, by the order of Edward I. Proofs and Illustrations 219 that the declaration, that not even the honour of Warenne Part n. was to be exempted, does not seem to have any peculiar relation to the privilege of that Franchise. Warenne was inserted by way of example, just as the honour of Boulogne is noticed in a simUar manner in Magna Charta ; and this circumstance is not entirely unworthy of attention, inasmuch as it shews how readUy the Clerks of the Chancery avaUed themselves of any estabhshed precedent of language. The clauses concerning the construction of the gaola clauses directing the con- struction of "gaols" i.e. may require explanation. Such a place of confinement was wooden cages, for the , confinement of offenders. neither more nor less than a great wooden cage, in which similar to the celebrated ° ° cage in which the Coun- the miserable wretches were incarcerated until their deliver- *^t"f .^.^J™?.^?' ance — not hung out upon the topmost tower of the castle, but inclosed in a strong chamber, or, perhaps, fixed in a gloomy vault, like those which subsisted till the Revolution, in the Mount St. Michael. Of this description, but affording as much comfort as the residence would admit, was the weU known cage in which the Countess of Buchan passed her dreary days of confinement. And it is rather singular that, considering how clearly the plan and structure of her "cage" can be coUected from the writ of Edward I., it should ever have been imagined that she was exposed to public scorn on the battlements of Berwick tower b. a The etymology of the word is sufficiently clear. Cavea, or caveola, is the root. Hence, in Romance Latin, gabia and gabeola — gajola, gaiolle, gaole — aU in use in the Langue d'OU Dialects. — (Roquefort, I. p. 665.) 6 Ordenez est et mandez par lettres du prive seal, au Chaum- berlein d'Escosse, ou a son Lieutenant, a Berewick sur Twede, que en une des turelles dedanz le chastel, de meisme le leu, en lieu qe U veist qe a ce feust plus covenable, feist faire une kage de fort latiz, de fuist, et barrez et bien efforcez de ferrement (of stout lattice work of timber, barred and strengthened with iron) en la quele il feist mettre la Contesse de Buchan. — Pcedera, I. p. 995. [It is decreed and ordered by letters under the privy seal sent to the Chamberlain of Scotland, or his Lieutenant at Berwick- on-Tweed, that, in one of the turrets within the castle at the same place, in the position which he sees to be most suitable to the purpose, he cause to be made a cage "of stout lattice work of timber, barred and strengthened with iron," in which he is to put the Countess of Buchan. (Rymer, Fcedera, I. p. 995.)] 220 Proofs and- Illustrations Part II. The renegades, against whom the prohibition (sec. 21) is cuuse for the extirpation directed, are the PubHcans, as they were called, who, about "Publicans.""7 ' ' the year 1165, were delivered to the secular arm, pursuant to the decree of the Ecclesiastical CouncU of Oxforda. The historians state that these unhappy wretches perished in consequence of the severities which they experienced; hut this prohibition shews that they escaped; or, that if the punishment killed the Heretic, it only scotched the heresy. A clause in the oath of the Sheriffs of more modern periods, bound them to "destroy and make to cease all manner of heresies and errors commonly caUed Lollardies," and it is supposed to have been inserted pursuant to the Statutes 5 Rich. II. st. 5. c. 5 and 2 Hen. IV. c. 15. But these enactments seem rather to have adapted an old precedent to existing circumstances1'. The Assize of Northampton, before quoted, was enacted in 1176, and, in tbe interval between that year and 1165, we probably find the era of the present Assize,1 which, if not the very Assize of Clarendon noticed by Benedictus Abbas, is yet an enactment, agreeing with it in aU those points, which render the reign of Henry II. the most important of the transition periods of the Engfish Law. By the same instrument it is ordered, that Mary, sister of Robert Bruce, shaU be caged in the like manner, in the castle of Roxburgh. But this uncomfortable mode of confinement was but too common. In 33 Edw. I. (Rot. Claus. m. 3) the Constable of Bristol castle is commanded to provide "quandam cageam ligneam, ferro ligatam," fit for the accommodation of an unlucky Cambro-Briton, Owen ap David ap Griffith, who had incurred the King's displeasure. A prisoner in those days might be termed a gaol-bird, in sober sailness, and without a metaphor. a Guil. Neub. bb. ii. c. 13. b In consequence of the scruples felt by "Sir Edward Coke, late Cliief Justice of the Common rieas. and afterwards of the King's Bench, but removed from his place, and made Sheriff of the County of Cuckingham," — (Cro. Car. 26)— this clause was expunged. His objections were well grounded; but neither the learned Sir Edward Coke, the Attorney-General, nor the learned Sir Edward Coke, the Chief Justice, could suspect the iUegafity, which liceanic so forcibly apparent to the conscientious Sir Edward Coke, when out of office, and in opposition. Matters to be presented. Proofs and Illustrations 221 H£ec est assisa facta apud Clarendune, quam Dominus Rex Part n. Henricus, consiHo Archiepiscoporum et Episcoporum Assize, enacted by the , a i t_ x x T> xx -x Kin6 by the advice of his et Abbatum, cseterorumque Baronum suorum, statuit, Archbishops, Bishops, Ab- 7 . . . . . , , tto-t3,&nAother his Barons, pro pace servanda et justicia tenenda. the Prelates here acting in their temporal capacity (1 .) Quod per singulos comitatus inquirant et per singulos or undergo'0 the (13.) Et si non fuerit publicatus per saisinam quam (I3.) ' persons making habeat, eat ad aquam. Et si afiquis fuerit recognoscens dre^&tnot'tobe'auowed 7 ,.i , •¦! ii 77 7 7' 7to withdraw such con- coram legaHbus hominibus de hundredo, de roberia vel tession, nor to; be allowed murdredo vel latrocinio vel receptione eorum, et postea negare voluerit, non habeat legem. (14.) Vult etiam Dominus Rex quod iUi qui facient M- offenders cleared v / x x by the ordeal, if of very suam legem, et mundi erunt per legem, si ipsi fuerint de JSrds^Ssel5)(i^f:«e0'J testimonio pessimo, et publice et turpiter defamati, mul- °^u™'the "^ to torum testimonio et legalium hominum, foris jurent terram (11.) And there shall be no man in a city or borough nor in a castle or outside a castle, nor in the honour of Wallingford, who shaU forbid the sheriffs from entering their land or soke, for the purpose of arresting those who have been accused and published as being robbers, murderers or thieves, or as harbourers thereof, or outlaws, or those accused with regard to the King's forest : but it is ordered that they shaU help them to arrest such persons. (12.) And if anyone shaU be arrested who is in possession of goods obtained by robbery or theft, if he is notorious and public testimony about him is bad and he has not a warranty, he shaU not have his law. (13.) And if he be not notorious by the possession of such goods, he shall undergo the water ordeal. If anyone shaU confess before the lawful men of the hundred that he has committed robbery, or murder, or theft, or has harboured the doers of such deeds, and subsequently wishes to deny his guilt, he shall not have his law. (14.) It is also the wUl of the Lord King that those who undergo an ordeal and are cleared by the law, if they are of very bad testimony and are defamed publicly and regarded as disgraceful persons on tfie witness of many lawful men, let tfiem p. vn. 15 226 Proofs and Illustrations Part II. Regis; ita quod infra octo dies mare transibunt, nisi aura oos detinucrit, et cum prima aura quam habebunt mare transibunt, et ultra in AngHam non revertentur, nisi per misericordiam Regis: et ibi sint uthlagati. Et si redierint, capiantur sicut uthlagati a. (15.) No stranger to be (15.) l'rohibet etiam Dominus Rex ne afiquis waivatus harboured anywhere ex- * ' _ *- cept in a borough, and Vel ignotus hospitctur aHcubi, nisi in burgo, et ibi, non nisi there, not more than one ox o > » "" xuax iiineMo^accldenuia^en7 una n0C^G > ^^ iPse *bi infirmetur vel equus ejus, ita quod ing to himself or his horse, rnonstrare possit rationabilc causam. sLV,h.Ifistho\eP[mprlfonhed (1(i) Et « hospitetur plusquam una nocte, capiatur p"dgehhSirrI,ord sha" "' donee dominus ejus venerit ad plegiandum eum, vel ipse abjure the King's land; in .-uch a way that within eight days they shall cross the sea unless they are detained by the wind, and with the first favourable breeze they have, they shall cross the sea and shaU not return again to England except by the mercy of the King : and let them be outlawed in England. And if they shaU return they shaU be arrested as outlaws. (15.) The Lord King also prohibits any wanderer or un known person being lodged anywhere except in a borough, and there only for one night, unless he or his horse be detained there by illness, in such a way that he can shew a due cause for so staying. (16.) If he lodge there more than one night, he shall be imprisoned until his lord shaU come and pledge him or he himself a Et si ad aquam mundus fuerit, inveniat plegios, et remaneat in regno, nisi retatus fuerit de murdro, vel alia turpi felonia, per commune comitatus. et legalium militum patriae: de quo, si praedicto modo rectatus fuerit, quamvis ad acquam salvus fuerit, nihilominus infra quadraginta dies a regno exeat. — Ben. Abbas, ut supra. [If anyone be cleared by the water ordeal, he shall find pledges and remain in the realm, unless he has been accused of murder or any other vile felony, by the county and of the lawful knights of the neighbourhood; wherefore if he has been accused in the manner mentioned above, even though he has cleared himself by the water ordeal, nevertheless let him depart from the Kingdom within forty days. (Abbot Benedict.)] I tor0adi7uiust:eraadixkeeyoath oiisericordia Domini Regis ; et domus ubi UH fuerint, stewidfand^o^i tile asportetur extra vUlam et comburatur. Et Hoc jurabit ho.d°e"s'ottheSniredFr"' unusquisque vicecomes quod hoc tenebit, et hoc jurare faciet omnes ministros suos, et dapiferos et barones et omnes mUites et franco tenentes de comitatu. l"oUh^eEn0giabnd,kesPo (22-) Et vult Dominus Rex quod hcec asiisa teneatur piefse35 "" King sha" m regno suo, quamdiu ei placuerita. this assize, and bind them by pledges to appear before the justices, or keep them in custody until the justices come to them, and then bring them before the justices. (20.) The Lord King also forbids any monks, canons or any religious house to receive any person of the lower orders of the people as a monk, canon or brother, until it be known of what repute he be, unless he be sick unto death. (21.) The Lord King forbids every one throughout the whole of England to harbour on his land or his soke or in the house under his care, any of the sect of those renegades who were excommunicated and branded at Oxford. And if anyone harbour them, he shaU be in the Lord King's mercy; and the house in which they were harboured, shall be transported outside the township and burnt. And every sheriff shaU swear that he will observe this prohibition and shall also cause aU his ministers to take this oath, and his stewards and barons and aU knights and free holders of the shire. (22.) And it is the King's wish that this assize be kept throughout his kingdom, so long as he shall please.] * Bib. Reg. 14. C. ii. Proofs and Illustrations 229 * Part II. Fitz-Ailwyne's Assize. This Building Act, which affords much curious Ulustra- Assize enacted under ° Henry Fitz-Ailwyne, first tion, not only concerning the jurisprudence, but the domestic ^dP^or °£IM0ndon architecture of London, appears to have been required in consequence of the new mode of construction introduced subsequently to the disastrous fire, which, in the first year of the reign of Stephen, ravaged great part of the city. About that period aU the houses were of wood, and thatched, and probably of sfight construction. The assize of Henry II. (sec. 21) directs that the house of the individual who harbours a heretic shaU be carried out of the town and burnt — which at least was more merciful than burning the owner. From this regulation, as weU as from other passages in records and historians, we can ascertain that the log-houses, in which the middling and lower orders then dwelt, were very mean and smaU. A better mode of budding was probably intro duced by the Normans ; but the houses of the burgesses and sokemen in general continued to be "getimbered," as in the Saxon age. After the fire, however, the more durable mode of bunding, noticed in the Assize, was adopted in London. Stone and tile were employed: a similar improvement seems to have taken place in the other great cities. And if the "Jew's House" at Lincoln3, is a specimen of the ordinary street architecture of Henry II. , it had then attained no inconsiderable degree of splendour. The main object of Fitz-AUwyne's Assize is to facUitate the decision of vicinal disputes, by providing an expeditious, and at the same time an impartial, tribunal. It was there fore enacted that twelve Aldermen should be elected and sworn "in fuU husting," by whose verdict, or by the verdict of the majority, aU such contentions were to be decided. Much of their business arose out of the regulations a This very singular refic has recently been miserably deformed by the introduction of a smart shop-front, surmounted by a sash-window. It may be doubtful whether even the rights of private property ought to aUow the owner to deface or destroy any historical monument. But at aU events, where opulent corporations exist, they would exercise a sound and praiseworthy application of their funds in the purchase of such structures, and thus their ruin might be averted. 230 Proofs and Illustrations Part ii. concerning party fence waUs. These were to be not less than three feet in thickness. If built by the mutual consent of neighbours, each man ceded eighteen inches of his own ground. But if one wished to make this improvement, and the neighbour refused, then the first was entitled to build the whole of the wall upon the ground of his neighbour, though without depriving him of the property of the sofi. Very minute and special provisions were estabhshed or sanctioned by the bye-law concerning the dispositions of the parts and appurtenances of the buddings. They are clear and explicit : but rights of this description have always been a fruitful source of iU-blood and vexation; and unless the ancient citizens were of a much calmer and more placable temper than their descendants, we may be certain that very frequent disputes arose as to the rights and HabUities of the parties. The remedy pointed out by the Assize was prompt and effectual. If any individual were aggrieved by the encroach ment of another, he could restrain the workmen by giving security to the Sheriff, that he would pursue his legal remedy. Upon an appointed day, the twelve sworn Aldermen, together with the Mayor, proceeded to the spot. There they heard the aUegations of the plaintiff and defendant, and viewed and inspected the premises : and their decision was final and conclusive. The absence of the defendant did not delay the caption of the assize. If the Jurors gave judgment against the encroachment, and it were not remedied within forty days, the plaintiff then applied to the Mayor. Two or three of the Jurors were nominated by bim for the purpose of ascertaining the fact ; and if the defendant were found to have been contumacious, he was "in mercy" for his contempt; and the JSheriff forthwith carried the judgment into execution. Without bestowing any exaggerated praise upon this specimen of civic legislation, Fitz-Ailwyne's Assize might be perused as affording a useful precedent for the same object at the present day. A summary judgment given upon the site, possessing formality enough to secure justice, but not so formal as to occasion expense and delay, may be favour ably contrasted with the intricate process to which the plaintiff must now resort, when he seeks his remedy by action according to our modern common law. And aU parties Proofs and Illustrations 231 before the Court may, perhaps, regret the time when the Part li. Jurors saw the facts with their own eyes, instead of listening to the statements of tbe counsel, and the evidence given by interested ignorance and stupidity. As an example, comparatively recent, of tbe steps by Terms of Fitz-Aawyne's , . -, c j. t . Assize indicate the steps which the Anglo-Saxon functionaries were converted into by which the Angio-saxon . __, , . Thanes or Echevins, &c. the Anglo-Norman inquests, Fitz-Ailwyne's Assize is of were converted into ju- great value. The Aldermen, by law required to decide upon oath, became a fury, and in this instance their verdict was of a mixed nature. It had the form of recognition, and the effect of a judgment. They were both Jurors and Judges. Facts were ascertained by them as Jurors, and a judgment given by them as Ealdormen. In London the Assize of Fitz-AUwyne went out of use. No other similar duty was assigned to the Ealdormen, yet their capacity, as magistrates, continued unimpaired. But, in the open country, the "Judicatores," unprotected by municipal franchises, or, to speak more correctly, having no municipal franchises to (Part i., p. 17s, &c) protect, were ultimately lost amidst the inquest-men and jurors of the shire. Incipit ordo quafiter procedendum est, in Assisis de Edificiis, inter vicinos Civitatis Londonice^. Anno Domini mUlesimo clxxxix, videlicet primo anno Preamble. Assize, or Bye- . x law, provided and ordained regni Ulustnssimi Regis Ricardi, tunc Majore Londonise jy the more discreet and . ° J better men of the City of Henrico filio Elwini, qui fuit primus Major Londoniarum, L°n<*on. provisum fuit et ordinatum per discretiores viros civitatis, [Here begins the order of procedure in the Assizes con cerning Buddings between citizens of the City of London. In the year of our Lord 1189, to wit, in the first year of the reign of the most Ulustrious King Richard, when Henry, son of Elwin, was Mayor of London, who was the first Mayor of London, it was provided and ordained by the more discreet a The Records in the City Archives contain several copies of this Assize.1 The portions now published are taken from a Manu script (Bib. Cott. Vespasian D xvi, f . 92), containing much valuable matter relating to the Laws and Customs of the City, extracted from the City Books, with marginal references to the Originals. It appears to have been compfied in the reign of Edward III. 232 Proofs and Illustrations Part II. ad contencioiics pacificandas, quae quandoque oriuntur inter vicinos in civitatc, super clausturis inter terras eorum factis, vel facicndis, et rebus aliis ; ita quod secundum quod tunc provision cf ordinatum fuit, debent tales contenciones pacificari. Twelve Aldermen to be Dicta vero provisio et ordinacio vocata est assisa; ad elected in full husting, ' and sworn. To appear quam assisani nroseq ucudam et ad effectum producendam, when summoned by the May°r- elect i sunt xii. viri Aldermauni do civitate, in pleno hustengo cf ibidem jurali, quod ad illam exequendam fidefiter intcndaiit, et ad sumonicionem Majoris veniant, nisi causa rationabUi sint impediti. Benefit of the Assize, to Neeessarc est tamen quod major pars prasdictorum be prayed in full husting. . . - , . . , . virorum mtersmt, cum Majore, ad praedictum negoemm exequendum. Sciendum est, quod qui petit assisam, earn debet petere in pleno hustengo. Et Major assignabit ei diem infra octo dies, ita quod per pnedictos xfi. viros, vel per majorem partem Ulorum sicut praedictum est, assisa ilia terminetur. * * * * **** Bmidings, &c. to be stayed Si vero domus, muTus lapideus, cloaca, stilficidium, vel as soon as the Assize ,. 77.77.0- • • ¦ t is prayed. Carpenters, aliquod aUud edincium in tempore peticioms dictae assisae men of the city, with a view to the peaceful settlement of disputes, which from time to time arise between neighbours in a city, over the fences which have been made, or should be made, between their several lands and other matters : so that such quarrels should he peacefully settled according to the pro visions and ordinations which were then made. Now the said provision and ordinance is caUed an assize, and for the working of this assize and carrying it into effect, twelve Aldermen from the city are elected in full husting, and there sworn to faithfully watch over its execution and to come at the summons of the Mayor, unless prevented from so doing by some reasonable cause. It is however necessary that the majority of the aforesaid men be engaged with the Mayor for the prosecution of the aforesaid business. It must be known, that he who prays for the assize, should do so in full husting. And the Mayor will appoint him a day within eight days, so that the assize may be terminated by the aforesaid twelve men or by the majority of them, as is aforesaid. If however any house, stone wall, sewer or gutter or any other building is being built at the time of the praying of the aforesaid assize, forthwith, at the suit of him who prayed the Proofs and Illustrations 233 edificatur; statim ad sectam UHus petentis defendatur ne Part ii. amplius edificant. Et si ultra defensionem, carpentarii, masons, &c. proceeding ... ,. . . -. . y. . . with the work in contempt latomi ac alii operaru, aut eciam dominus dicti edificu, of the injunction, to te committed to prison. edificia edificavermt, prisonae mancipentur. * * * Si vero hustengum non sedeat, sicut tempore quo sunt During such periods as ° x- x the Qourt „f Husting does nundinas Sancti Botulphi et tempore messium, et tempore not sit— viz. Harvest time, L x * Boston Fair, Winchester quo nundinse sunt apud Wyntoniam, et afiquis habeat Fair— th* ^^ ^|?.tia necessare ad iUam assisam petendam ; gratis debet ei concedi zens empowered to act. a Majore, aHquibus de civibus praesentibus cum Majore, et terminari sicut praedictum est, per prsedictos xii viros juratos vel per majorem partem Ulorum et semper in prae- sencia Majoris. ******** Sciendum est, quod si aliquis edificet juxta tenementum Mode of proceeding in . cases of encroachment vicim, et visum sit dicto vicmo Ulum miuste et ad dampnum The Mayor and sworn J .n. Aldermen to proceed to tenementi sui ibidem edificare, bene potest edificacionem the spot, where they are , L to settle the matter upon Ulam impedire, datis vadio et plegio vicecomiti civitatis de inspection of the premises, r x~ o andheanngtheallegations prosequendo; et tunc cessabit Ula edificacio, quousque per of the parties. praadictos xfi viros vel per majorem partem illorum dis- cussum sit, si injuste vel non fuerit edificatum. Et tunc necessare est ut file cujus edificacio impeditur, petat assisam. Die autem statuto, et praedictis xii viris sunimonitis, debet assize, let it be forbidden to proceed With it. And if, contrary to the prohibition, carpenters, masons and other workmen or even the owner of the aforesaid budding, proceed with the building, let them be committed to prison. If however the court of husting be not sitting, for example when the fair of Boston is being held, or in harvest time, or at the time of the fair at Winchester, and anyone has any need to pray for that assize, it shall be freely granted by the Mayor, some of the citizens being present with the Mayor, and it shall be determined, as has been said above, by the aforesaid twelve sworn men, or by the majority of them, always in the presence of the Mayor. It should be known that if any man buUd next the tenement of a neighbour, and it appear to the said neighbour that he is building there wrongfully and to the damage of his tenement, he may properly stay such budding by giving the sheriff bail and a pledge to go on with the case; and then the building shall cease until it has been considered by the aforesaid twelve men or by the majority of them, whether such budding is wrongful or not. Then he whose budding is stopped must pray the assize. Moreover on the appointed day and when the aforesaid twelve 234 Proofs and Illustrations Part ii. Major civitatis cum prsedictis viris super tenementum Ulorum, inter quos assisa petitur, accedere, et ibidem secundum visum xii virorum aut majoris partis Ulorum, auditis hinc inde querimonia conquerentis et responsione adversarii sui, illud negocium terminare. * * * Encroachments to be re- Si autem ille de quo querimonia facta fuerit, fecerit moved within forty days. , . . . , . if not done, two or three detail, ,uu, nichilomuius procedat assisa per considerationem of the sworn Aldermen to ascertain the fact, in which pneifictorum xii virorum vel per majorem partem Ulorum. case the Defendant is "in ' ™ercy." Et quod per illos iudicatum fuerit, debet per vicecomites Sheriff to carry judgment x i rf x into execution at the irrfcimari illi qui fecerit defaltam, ut quod judicatum fuerit expense of the Defendant x x J infra xl dies proximo sequentes ad effectum perducatur. Et sciendum est quod quociens praedictum judicium infra xl dies non fuerit perfectum, et super hoc querimonia facta fuerit Majori Londoniae, tunc debent duo viri de assisa, vel tres, per praeceptum Majoris ibidem accedere, et si viderint quod ita sit, tunc erit iUe contra quem assisa fertur, in misericordia. Et vicecomes proprio custu ipsius, iUud judicium statim perducere ad effectum tenetur. * * * * men have been summoned, the Mayor of the city together with the aforesaid twelve men should repair to the tenements of those between whom the assize is prayed, and there according to the view of the twelve men or the greater part of them, after hearing the complaint of the plaintiff and the reply of his adversary, should determine the matter. If however he, concerning whom the plaint has been made, makes default, the assize shall nevertheless proceed by the award of the aforesaid twelve men, or the majority of them. And that which is adjudged by them ought to be made known by the sheriff to him who has made default, so that he may perform what has been adjudged within the forty days next following. And be it known that whenever the aforesaid judgment has not been carried into execution within forty days, and a complaint of this has been made to the Mayor of London, then two men of the assize or three, at the bidding of the Mayor, should repair to the spot, and if they see that so it, be, then he against whom the assize is brought will be in mercy. And the sheriff is bound to carry that judgment into execution at once at the personal cost of the defendant.] Proofs and Illustrations 235 Part II. TRIAL BY JURY. I have stated the process by which Trial by Jury was (See Part i., chap, viu.) graduaUy estabhshed in England. The documents which foUow are quoted in my text, and should be perused in its details. iUustration. It has been weU observed, "that an institution which is so pecufiarly characteristic of England, as Trial by Jury, deserves every attention to its origin a ; " and, therefore, the records which Ulustrate this portion of our legal history, however dry and technical they may be, must always possess great interest in the eyes of every one who is anxious to become acquainted with the real nature of a tribunal praised and prized by every Englishman, and yet the nature of which has been entirely misunderstood, because the evidence has been cast aside. The records of these earfier ages are always clear narratives of the facts. They are strictly reports of the proceedings, and not, like the pleadings of the present age, a creation of the lawyer, put into a shape which bears no semblance to the history of the case which it includes. Upon the character originaUy possessed by the Traverse- Jurors, as witnesses, and as witnesses only, the course of our ancient common law mainly depends. The merits and defects of the system are chiefly to be attributed to this peculiar source. And, from the means which were adopted Great importance of view- *¦ ' x ing Trial by Jury in its to administer justice, when such a mode of trial could not proper Hght— viz. as a -* 3 trial by witnesses. be fairly obtained, and when the witnesses summoned and impaneUed by the Sheriff became incompetent to afford a fair trial, arose that "equitable jurisdiction," which main tained so long and angry a conflict with the "common law," the effects whereof may yet be discerned in the forms and maxims of our jurisprudence. WhUst the ordeal subsisted, the Presentment was the ^p."?1^0" °i fa2.i] These writs relate to the right possessed by the Abbots of St. Augustine, grounded upon various Anglo-Saxon charters, of freeing one vessel from aU toUs in the Port of London. It is clear that the "probi vicini" of Sandwich, mentioned in the first writ (3) are the "'probi homines" of the second (4), At this era it wiU be seen that the same process which impaneUed the Jury, also contained directions to place the Claimant in possession of the right which he demanded. (5.) De Foeo Abbindonije. "rfimPienadned°the/ Abbot In Prim0 tempore adventus Abbatis Walkelini ad hanc his rigMfoTmaXt"1"8 ecclesiam, adierunt Regem Henricum Walingefordenses cum The men of Waiiingford hig (jp Oxeneford , de foro Abbendonensi ei suggerentes, quod aHter esset, quam esse deberet. vel Henrici regis, avi sui, [Concerning the market-place of Abingdon. Soon after Abbot Walkelinus came to this church, the men of Waiiingford and those of Oxford approached King Henry suggesting to him, that the market of Abingdon was otherwise than it ought, to be, and than it was in the time of King Henry, his grandfather. ThejT then strove eagerly with many Proofs and Illustrations 241 tempore fuit. Multa postea verborum dolositate et faUacfis part n. insistebant, ut regis assensum de foro defendendo adquire- and oxford appear before r^ ., 7 7 , , -x - 7 Henry II. and allege, that rent. Quibus cum rex credendum putaret, praecepit quidem the market of Abingdon . 7 ., 7. . -,. ... is held otherwise than it interim mercatum detendi, praeter parva venaba quae ibi had been in the time of ,..., . 1( .. ... -, Henry I. and contrary to vendi solebant, quousque ipse de transmarims partibus, ad law: and the King, giving . credit to such allegations, quas tunc properabat, reverteretur, et super hoc causam enjoins the Monks not to -1 . hold such markets, except subtihus examinaret. lUi vero, accepta potestate, a fori for smaii articles, una his return from parts beyond defensione donee Rex transfretaret abstinuerunt ; sed the seas. postea quasi Hbero utentes mafitiae suae impetu, assumpto secum regis constabulario de Walinqeford, ad Abbendonam ny pretence of which ° " J ' injunction, the Plaintiffs advenerunt, ex Regis verbo, omnes qui venafia sua iUuc endeavour, with the help ' ° x of the Constable of the detulerant abire praecipientes, rusticisque vim inferentes. casae "^w^^f""^0 Abbendonenses autem fori sui defensionem graviter ferentes, 8e*.ner' b"'. thf. men of & ' Abingdon drive them away assumpta, nescio unde, audacia, omnes quos invenerant ty main force. adversarios, cum dedecore a viUa longius abegerunt. Qua repulsione ampfius adversarii ad malum instigati, Regis in patriam adventum non expectantes, ad eum ubi erat venerunt, et quafiter eis non sine injuria Regis evenerit, multa superaddentes vana, retexerunt. Importunitati crafty and deceitful words to obtain the King's consent to the prohibition of this market. When therefore the King thought that their allegations were worthy of credence, he enjoined that in the meanwhUe the market should be prohibited except in the case of such smaU articles as were wont to be sold there, until he himself should return from parts beyond the sea, to which he was at that time hastening, and until he could make a closer examination of this matter. They therefore, on receipt of this power, refrained from any prohibition of the market, until the King crossed the sea; but when he had saUed, as it were giving free rein to their malice, tfiey came to Abingdon, bringing with them the King's Constable of Waiiingford, and under cover of the King's injunction, ordered all those, who had brought their goods for sale, to depart, and using force against the rustics. But the men of Abingdon taking the prohibition of their market ill? plucking up courage, inspired I know not how, drove aU those who were found opposed to the market, in disgrace far from the town. After this repulse the plaintiffs, still further spurred on to mischief, did not await the arrival of the King but sought him in the place where he was staying, and related to him, what not without injury to the King had happened to them, and making several other groundless suggestions. Wishing to satisfy their importunate demands with justice and equity, he gave them p. vii. 16 242 Proofs and Illustrations Part ii. quorum cum legis equitate satisfacere volens, quodam eis in consequence of this brevi tradito, repatriare permisit; revertentes vero et transaction, the Plaintiffs r-itx j —•— • Txx ¦ ,- do not await the King's prorsus fori Abbendonensts eversionem in Htteris continen abroad, and'^btain his putuntes, ad dusticiam Angfiee, Robertum videHcet comitem writ, addressed to Robert . ix**x x t ¦ .* de Beiiomonte, Eari of Legecestrice, pervenerunt ; lectum igitur est coram Justitia, abbate Walkelino assistente, breve, hujusmodi habens sensum. Kings writ, commanding Henricus Rex Angfiae et Dux Normannice et Aquitanice the lusticiar to convene , . T, , . . T . , the county of Berks, and et comes Andegavice, Roberto comiti Legecestrice salutem. to cause twenty-four Ju- rors of the time of Hen. i. Praecipio quod, convocato omni comitatu Berchesaroz, to be elected, by whose . verdict the pica is to be viginti quatuor homines de senionbus, qui Henrici Regis avi mei tempore fuerunt, efigere facias ; qui si jurare poterint quod in diebus ejus plenum mercatum in Abbendona fuerit, ita sit et nunc. Si vero nee viderunt, nee jurare poterint, ut rectum est, prohibeatur ne amplius inde clamorem audiam. Quo perlecto, confusi sunt a spe sua quam portaverant, utpote de veritate sibi conscfi, praecipiente tamen Comite, Adam vicecomes, comitatum plenum apud Ferneburgam congregans, homines qui secundum regis praeceptum jurare a certain writ and permitted them to go home again. They therefore returned, and thinking that the complete suppression of the market of Abingdon was contained in the letter, went with it to the Justiciar of England, to wit Robert, Earl of Leicester. The writ therefore was read before the Justiciar, the abbot Walkelinus also being present, and was to the following effect. "Henry, King of England, Duke of Normandy and Aquitaine, and Earl of Anjou, to Robert. Earl of Leicester, greeting. I command you to convene the whole county of Berkshire and to cause to be chosen twenty-four of the older men, who lived in the days of my grandfather King Henry ; and if they are able to swear that in his time there was a full market at Abingdon, so let it be also now. But if they have not seen this and cannot swear to it, let the market, be prohibited, as is right, so that 1 may hear no more complaint thereof." When this writ had been read through, the plaintiffs were confounded by the failure of the hope which they had enter tained ; for they were themselves fuUy aware of the truth of the matter. Nevertheless at the bidding of the Earl, Adam (he Sheriff convened the fuU county court at Farnborough ancl there picked and appointed certain men, to testify on Proofs and Illustrations 243 deherent electos constituit; qui cum juramento asseruerunt Part n. se rerum omnium venafium mercatum plenissimum inibi verdict accordingly given ' . , . , P . tt. •, r, 7 7 , .7 , t-» 7 in the County Court, that vichsse et mtertuisse. His ita nnem habentibus, et Rege ad the Monks, had enjoyed , , , . the full right of market regnum propnum revertente, convenerunt ad eum jurgatores praadicti, fingentes juramentum falsum factum fuisse, et, The Plaintiffs suggest ., •• x777,« , 7 that the verdict was false, quia quidam eorum qui juraverant de abbatia erant, quod upon which the King „... . 7. ., -. . ,t orders that a fresh inquest eis utile videbatur et non quod rei Veritas docebat protubsse. shaii be taken, selected ... , . equally from the men of His verbis Rex ahquantulum commotus, praecepit ut apud waiiingford and the men „ -, . T7;- t i-i ¦ . olthe County at large. Oxeneford, iterum Walingefordenses et omnis comitatus Berchescirce coram justitfis suis convenirent, et ex utraque parte seniores viri efigerentur, qui secundum quod eis verum videretur, pro foro Abbendonensi jurarent ; ita tamen, ut de abbatia nuUus de jurantibus esset, ne suspiearentur afiqua de causa veUe perjurare. Quod cum praecepisset Rex, ad Sarisberiam profectus est, omnibus justitiis suis ad audiendum refictis. Congregati sunt igitur, ut rex jusserat, universi ; et segregate qui jurarent, diversis opinionibus causam suam confundebant. Walingefordenses enim nunquam Henrici oath, in accordance with the King's command. And they stated on oath that they had seen and been present at a full market there, in which aU things were bought and sold. When the matter was thus brought to an issue and the King returned to his kingdom, the above-mentioned litigious plaintiffs ap proached him, suggesting that the verdict was false, and that, because some of the jurors were in the service of the abbey, they had given a verdict which appeared to be to their advantage, and not in accordance with the truth of the matter. At these words the King was somewhat moved, and enacted that the men of Waiiingford and the whole county of Berkshire should again appear at Oxford before his justices, and on either side the older men should be elected to swear in the matter of the market at Abingdon, in accordance with what seemed to them to be the truth ; on condition that none of the jurors should be men of the abbey, so that no suspicion could be entertained that they wished to perjure themselves. After giving these commands, the King departed to Salisbury, leaving behind aU his justices to hear the case. When therefore they had all assembled, as the King had commanded, the jurors being selected, by contradictory verdicts frustrated their several contentions. For the men of Waiiing ford swore that, in the time of King Henry the Elder, 16—2 244 Proofs and Illustrations Part II. Regis senioris tempore, praeter panem et cervisiam vendi Thejurorsofwaiiingford, in Abbendona jurabant: Oxenefordenses vero nam et ipsi of Oxford, and of the body . , , • *u- — v of the county, give dis- jurabant se mercatum inibi amphorem, ceteris non autem cordant verdicts. , .. ., •• 7-. • t -,. ^ plenum, ut in navibus onerarus et quadngis, vidisse dicebant. Qui vero de comitatu jurabant, plenum omnium verum mercatum vidisse se asscrcbant, de navibus tantum onerariis per aquam Tamisup currentibus dubitabant; abbate tamen The Eari of Leicester does navibus suis acl ca quae veUet utente. Comes autem not give judgment, but . , proceeds to the King, and Le.a mes."' founded by Matilda, were concealed by the nuns under the tiles of the abbey house, where they eseaped the Sansculottes, but perished under the attacks of rats and Proofs and Illustrations 247 constitutus est Rex gloriosus et fortis. Sub quo, WiUielmus Part ii. Abbas rexit Cadumensem ecclesiam. Qui audiens Hanc Abbot wuiiam procures divisionem factam, iUo nesciente, de terra Sancti Stephani, addressed to°the Eari of . , -r 7 - - j - . , ¦ .7 7-.* Leicester, and to Bocointa, venit Londoniam, cum scriptis et munitionibus Regis sheriffofLondon.directing Henrici, ad Comitem Legecestrice et Umfredum Bocointa, by a sworn inquest Vicecomitem Londoniae. Quibus Rex Henricus mandabat, quod ipsi, de civibus civitatis Londoniae veritatem audirent, consilio Hustingi, per sacramenta legalium hominum, de terra Sancti Stephani de Cadomo; vocatisque UHs qui terram tenuerant, si venirent si venire noluerint, veritatem audirent. Qui audientes mandatum Regis, mise- runt primo et secundo usque ad tertium, ad Johannem et Ricardum qui terram tenuerant, quod venirent in hustingo audire mandatum Regis, et veritatem et judicium, de terra Sancti Stephani, quam tenuerant: qui divertentes, neque The Defendants, being x ' x x x then summoned to the ad primum, neque ad secundum, neque ad tertium venerunt Jf°fa,Vf Husting' make hustingum. Justicia vero et qui aderant hoc videntes, fecerunt mandatum Regis. Et per commune consilium de hustingo secundum praeceptum Regis, elegerunt quatuor decim viros de civibus civitatis Londoniae qui juraverunt. of Normandy and Aquitaine, by God's good wiU, obtained the throne of England and was constituted by God a brave and glorious King. In his reign William the Abbot held the govern ment of the Church of Caen. And he, hearing that a division of this land of St. Stephen's Abbey had been made wdthout his knowledge, came to London with the writings and commissions of King Henry addressed to the Earl of Leicester and Humfrey Buchuinte, Sheriff of London. These men the King enjoined to hear the truth concerning the land of St. Stephen's of Caen from the citizens of the city of London with the advice of the Husting by the sworn inquest of legal men; furthermore they were to summon those who had held the land, and if they came . . . , but if they refused to come they were to hear the truth of the matter. They therefore having heard the King's command, summoned once twice and even thrice John and Richard, who had held the land, to appear in the Court of Husting to hear the King's command and the truth and judg ment concerning the land of St. Stephen's, which they had held. But they contumaciously faded to appear in the Husting at the first, second or third summons. The Justice therefore and those who were present seeing how the matter stood, performed the King's command. By the unanimous decision of the Husting their land. 248 Proofs and Illustrations Part II. Et per sacramentum et per recordacionem juramenti eorum, By advice of the Husting, Sanctus Stephanus habuit totam suam mansionem cum pursuant Uto,rthee King's praedicta parte, lata duodecim pedum, quam Johannes et "cord the^onks'recover Ricardus filius Edith rr tenuerant. Haec sunt nomina Ulorum qui juravcrunt in hustingo divisam de terra Sancti Stephani, qua' est infra Lundoniam in Wodestreta. Martinus Cartarius. Odo Corduanarius. Terricus Bolloc. Serlo de Gadomo. WiUielmus Toyri. Stephanus Mercennarius. Engelramus Cobba. Albertus Loremarius. Nicholaus Lefranceis. Raine r us Wardus . Albricus de Domo Petri. WiUielmus Garlec. Johannes Toyri. Radulphus frater Hervici. and in accordance with the King's writ, they elected fourteen men of the citizens of the city of London who took the oath; and by their oath and record of the oath, St. Stephen's Abbey obtained possession of the whole of its mansion together with the aforesaid part, twelve feet broad, which John and Richard the son of Edith had held. These are the names of those who swore in the Husting as to the division made in the land of St. Stephen's Abbey situated in London in Wood-Street : — Martin Carter Odo the Shoemaker Terrie Bolloc Serlo of Caen William Toyri Stiphcn the Mercer Engelramus Cobba Albert the Lor i mer Nicholas the Frenchman Raincr Ward Alberic of Peterhouse William Garlic John Toyri Radulf, brother of Hervic. Proofs and Illustrations 249 Isti quatuor, Martinus, Odo, Terricus et Serlo, jura- Part n. verunt; refiquos vero decem, quietavit WiUielmus Abbas, qui parati erant jurare. Et haec sunt nomina eorum, in quorum praesentia jura- verunt. Umfredus Bocointa, Vicecomes Londoniae. ; Geufridus frater ejus ; WiUielmus filius Ailwardi, Halderman ; Robertus Pulcher, Halderman; Fromundus, Halderman; Henricus fifius Ailwini, Halderman; Petrus fifius Walteri, Halder man; WiUielmus Camerarius ; Robertus filius ejus; Johannes Bocointa; Geufridus Bocointa; Radulfus deWodestr eta; Symond de Haverhulla; Petrus fifius Alveredi de Windesora; Petrus filius Meillesme ; Hervicus de Torreneio ; Robertus Neulerius ; Geufridus Aurifaber filius Willielmi; Everardus frater ejus; WiUielmus de Ely; WiUielmus de Rothomago; Rainerius de Valentiis. Et ex parte Abbatis sunt hfi testes. Roger ius de Montenneio; WiUielmus Manchon; Geufridus Camerarius; Ricardus de Dovra fifius Rainaldi ; Haymeric fifius Quintini ; Johannes fifius Geroldi; Eustachius de Ros. These were the four that took the oath : — Martin, Odo, Terrie and Serlo ; the remaining ten William the Abbot dispensed with, though they were ready to take the oath. And these are the names of those in whose presence they took the oath : — Humphrey Buchuinte, Sheriff of London ; Geoffrey his brother ; William Fitz-Ailward, Alderman ; Robert the Fair, Alderman ; Fromund, Alderman ; Henry Fitz-Ailwin, Alderman ; Peter, son of Walter, Alderman ; William the Chamberlain ; Robert, his son; John Buchuinte; deoffrey Buchuinte; Ralph of Wood- Street; Symond of Haverhill; Peter, son of Alfred of Windsor; Peter, son of Meillesme ; HerviofTorigni; Robert Neuter; Geoffrey the goldsmith, son of William ; Everard his son ; William of Ely ; William of Rouen ; Rainer of Valence. And on the part of the Abbot these are the witnesses: — Roger de Montigni; William Manchon ; Geoffrey the Chamberlain ; Richard of Dover, son of Bainald; Haymeric, son of Quintin; John, son of Gerold; Eustace de Ros.] (8.) Anno mUlesimo centesimo vicesimo secundo ab incarna- comSa£tI''!refer8red to tione T/nmiTii Hen- L b7 the Monks o£ utuiie .UOmmi. st Stephen at Caen, Henricus Rex Anglorum praecepit ut quaerela monachorum against the King's tenants [In the year 1122 after Our Lord's incarnation, Henry, King of the English, ordered that the complaint of the monks of 250 Proofs and Illustrations Part ii. Sancti Stephani Gadomi, quam faciebant de terra, quae of Bridport, who, as the pertinet ad Bridetonam3-, quam homines Regis de Brideport "wfuny^cra'pied'certBui prseripuerant, et auxifio ministrorum Regis potiti diu of their lands, appurtenant . , i ,- tj- 7* x , to the manor of Brideton. tenuerant, sub cxaminatione Judicum discuteretur ; ita quitlcm ut linis totius quaestionis in affirmatione virorum de The King orders that the quatuor partibus vieinitatis illius vUlae poneretur. Quod same shall be determined -.. . ~ • . i . t-» • • ¦ t. by the testimony of four sepe dilatum, tandem ut herct instabat Regis jussio. Die Townships. . igitur statute-, calumpma monachorum audita est coram "Seven Hundreds" as- septem hundredis qui convenerant super eandem terram, sembled before Warine, ., , ..-. sheriff of Dorset and ex circumjaeenti bus et procul remotis vuiis, praesente Somerset. . Gnarino Vicecomite de Dor set a et humerseta cujus tenendum super hac re speciafiter injunctum erat, et secundum regis verdict of sixteen jurors, definitionem juratum est. Nam sexdecim homines, tres videlicet de Brideport et tres de Bridetona et decem de vicinis, juraverunt se veram affirmationem facturos de who state that the land . . ... -n- r\ - r , * - • -,- • x- had always been appur- mquisitione terrae lUius. Qui, facta mquisitione cujus rectius tenant to Brideton, asni ~, , . ,-.7 . . ¦ j. , claimed by the Monks, debeat esse, affarmabant. juxta fidem juramenti. nrasdictam St. Stephen's of Caen which they were making in respect of the land, appertaining to Brideton, which the King's men of Bridport had seized upon and which by the aid of the King's ministers they had taken possession of and held for a long time, should he inquired into under the examination of the Justices, so that the conclusion of the whole question be decided by the verdict of men chosen from four parts neighbouring to that township. The matter was often adjourned, till at length an insistent command came from the King that it should be settled. On the appointed day therefore the aUegations of the monks were heard before seven hundreds who had met on that land from neighbouring and far remote townships, in the presence of Warin. Sheriff of Dorset and Somerset, who had been especially enjoined to hold this inquest and appoint jurors according to the King's definition. For sixteen men. to wit three from Bridport, three from Brideton and ten from the vicinity, took the oath that they would give a true verdict with regard to the inquest on this land. Thev then held their inquest as to who was the rightful owner of the laud and gave their verdict in accordance with their oaths, that the aforesaid land had from of old been 11 The Manor of Brideton, with the appurtenances, was granted to the Abbey by the Conqueror, "consilio Mathildis uxoris mea\ baiomuuque meorum " [on the advice of my wife Matilda and of my barons]. Proofs and Illustrations 251 terram antiquitus adjacere ad Bridetonam. Et cujus fuerit Part n. Bridetona, ejus debere esset et terra ilia. Quorum asser tion! cuncti adquiescentes ; Dei gratia Sanctique Stephani mentis, sua jura conquaerentibus adjudicabant, restituen- damque terram illam ad Bridetonam, et monachis ilico tradendam. Sicque eodem die factum est... nomina vero illorum qui juraverunt haec sunt. WiUielmus de Uer, Names of the jurors. Ranaldus Postel, Rualdus de Esterta, Ricardus fifius ' Livingi, Ailwardi de Denecaham, Edwardus Chingenot, Saricus de Berewicia, Ailwardus de Bridie/,, Leovericus Burdelin, Alwinus Bacon, qui erat praepositus, Edwinus filius Sarici de Bride port, Alvricus filius Sideflet, Tedwi de Brideport, Torgotus de Bridetona, Saricus de Bridetona, Alwinus fifius Onwini de Bridetona. appurtenant to Brideton; and the possessor of Brideton ought to be the possessor of that land too. When therefore aU parties acquiesced in this verdict, through the grace of God and the merits of St. Stephen, the plaintiffs were awarded their rights, namely that that portion of land was to be restored to Brideton and handed over to the monks forthwith. And so on the same day it came to pass . . . , the names of those who took the oath are as foUows: — William de Uer; Ranald Postel; Ruald of Stert ; Richard, son of Living ; Ailward of Dagenham ( ?) ; Edward Chingenot; Saric of Berwick ; Ailward of Bridia ; Leoveric Burdelin; Alwin Bacon, who was baUiff ; Edwin son of Saric of Bridport ; Aluric, son cf Sidefiasd ; Tedwi of Bridport ; Torgotus of Brideton ; Saric of Brideton ; Alwin, son of Onwin of Brideton.] Though the Jury was returned or selected by the advice of the Husting (7), yet the process rested wholly upon the King's writ, which was in the nature of a special commission to the Earl of Leicester and to the Sheriff. It is a curious fact, that Fitz-AUwyn himself was present during these proceedings; and that his Assize altered their course, and gave to the Aldermen, nominated by tbe Court, the character of Jurors united to that of Judges. The claim of the Abbot was in the nature of a suit "de rationabifibus divisis."1 In a case, not entirely dissimilar, Hen. I. aUowed the Justices to exercise their discretion. They were to take the recogni tion of the "probi homines" concerning the disputed boundary ; but if the suitors, when unsworn, did not testify to the satisfaction of the Justices, then an oath was to be 252 Proofs and Illustrations Part n. administered to thema. Tbey might be treated either as (Part i., p. 205.) Anglo-Saxon suitors, or as Anglo-Norman inquest-men. And, in the Husting case, since the Abbot was contented with t he oaths of four of the Inquest, the Court acquiesced. All these circumstances shew, that the whole process was mdy considered as the means of getting at the truth, and not bound by any rigid rule. (9.) jurors present Christiana, Juratores dicunt quod Radulphus Parmentarius inventus the widow of Ernaldus de n. x tan7lbc™kIleruu7i'eoaRee.I ^U1* mortuus, collo ejus fracto, et de ejus morte habent Rodui^nusVTrmcntlrius' quandam ( '.'ristia nam , (put fuit uxor Eruoldi de Knabbewelle, w!ShamsbT«ck™brokan; in suspectione, quia ipse Radulphus inde placitavit eam ^"toe'groixndso'f'the'r m capitulo, de fide sua,, quam ipsa affidaverat eum : et thlPdeceas'edThad brought Reginaldus, elericus de. . .frequentaverat eam, post mortem fn the Ecdefiastkai Court, Emaldi viri sui, et earn abstulit ab ipso Radulpho; et ipsi for breach of promise of 17 , • r> 7 7 7 7- • ¦ i*x marriage, at the time habuerunt ipsum Rad ulphum in odio, quia eam implacitaverat when she cohabited with -1 r* -, a t-hit ,. , • , ¦ the cierk. de nde sua ; et pro odio illo habent ipsum clencum et ipsam Cristianam suspectos de morte illius. Et Comitatus dicit Arid upon these grounds quod fiabent eos in suspectione. Ideo consideratum est, of suspicion, thus testified x -x i'udg'ed Jti7ratrs'cnrisstiana 1U0^ clericus et Cristiana veniant coram justiciariis die f£alorf™i.h"seIfbythe Veneris... et Cristiana mundet se per ignem. (Rot. It. Wiltes. &c. 10 Ric. I.) [The Jurors state that Ralph Parmenter was found dead, with his neck broken, and they hold in suspicion as the cause of his de'ath one Christiana, who was the wife of Ernald de Knabbewelle, because Ralph himself had brought a suit against her in the Chapter in respect of breach of promise with him; a H. Rex Anglorum, Ran. Meschino et Osberto Vicecomiti, et Picoto filio Colsueni et Wigoto de Line, salutem. Ite, et videte divisas inter mancrium meum de Torkesei et manerium de Estora, et facitc recognoscere per probos homines de comitatu, ct dividcrc pricdictas divisas. Et si bene eis non credideritis, sacramento confirment quod dixerint. (Mon. VI. 1273.) [Henry. King of the English, to Ranulf le Mcschin and Osbert the Sheriff and Picol son of Colswegen and Wigot of Line, greeting. (in and inquire into the boundaries of the lands between my manor of Torksey and the manor of Est or and make inquiry by means of good men of the county and cause the aforesaid boundaries to be allixed. And if you do not fully believe in them, let them confirm their statements by oath.] Proofs and Illustrations 253 and Reginald, a Clerk of... had cohabited with her after the Part II. death of her husband Ernald and had stolen her away from Ralph himself. Wherefore they hated Ralph because he had impleaded her for breach of promise and in view of that hatred they hold the clerk and Christiana suspect of his death. xAnd the shire says that it holds them in suspicion. Wherefore it was adjudged that the clerk and Christiana should appear before the Justices on Friday... and that Christiana should clear herself by the fire ordeal. (Eyre Rolls, WUts. &c. 10 Ric. I.)] (10.) Juratores dicunt, quod Osbertus Cole occidit quendam The jurors ofthe Hundred ' ^ ^- affirm that Osbertus Cole Godefredum cum quadam furca ferrea. Et Osbertus captus ufoA a certain man 1 r- O J Willielmus de Insula are et de nocte et nequiter, occiderunt uxorem ejus et famulam, adjudged to bear the hot L 7 J iron. Agnes de Caidecote et eum figaverunt et esgargataverunt, et domum ejus J^|d"r^n^ctebd^tssb^; fregerunt, et cataUa sua furtim asportaverunt ; et hoc offert bse™| ?^f^ after 1°" probare per consideracionem curiae sicut homo maimatus. ^s^s^pp^af'a'gamst Ipsi totum defendunt. Consideratum est quod Stephanus fsno ^char-geT^"'* "the et Willielmus purgent se igne, quia elegerunt adferre ^f^ °cft tn1mlJury do judicium; et Augnes comburatur, quia convicta est. Et ipse WiUielmus Algar relaxavit Walwinum. Et mifites 254 Proofs and Illustrations Part n. jurati non malecredunt eum. Augnes pregnans est, et custodiatur, donee pepererit; et postea comburatur. (Placita Corona', apud Stratford. 10 Ric. I. m. 8.) [The Jurors allege that at High Easter (a village in Essex), William Algar was wounded at night, and his wife Edith and his servant Matilda were kiUed. Whereupon William in person appealed Stephen of Caldecot, Agnes his sister, William of Lille, and W alwin of Roinges, who are in prison. He also appealed Geoffrey Scrap and Adam who escaped. William appears and appeals the aforesaid Stephen and Agnes and William for that they did, in the King's Peace, feloniously and by night, slay his t wife and servant and bound him and cut his throat and broke into his house and carried away his chattels by stealth; and this he offers to prove by the judgment of the Court as being a maimed man. The defendants totaUy deny the charge. It was adjudged that Stephen and William should clear themselves by fire, because they elected to come to judgment, and Agnes was convicted and sentenced to be burnt. William Algar released his appeal against Walwin. And the knights of the jury do not hold him in suspicion. Agnes is pregnant and is to be kept in custody until the child is born; and afterwards she is to be burnt. (Crown Pleas, at Stratford. 10 Ric. I. eighth mem brane.)] (12.) An appeal of murder Goditha, quae fuit uxor Walter! Palmer i. appeUat Ricardum confirmed by the 'male- de Stonhale quod ipse in pace domini Regis, et nequiter, de credence of the Jury, &c. . , . the Defendant is adjudged nocte, cum vi sua venit in domum suam. et ipsam et virum to bear the hot iron. ... - . suum hgavit; et postea V> alter um virum suum interfecit; et hoc offert probare versus eum, sicut sponsa sua, prout curia consideraverit ; et ipse totum defendit de verbo in verbum, prout, curia consideraverit. Et juratores et totum visnetum malecredunt eum de morte ilia : et ideo con sideratum est quod ipse purget, sc per judicium ferri, quia ipse elegit port arc ferrum. (Rot. lt. Staff. 5 Joh.) \Godilha, who had been the wife of Walter Palmer, appeals Richard de Slonehale for that he did, in the peace of our Lord the King, by night and feloniously enter her house by force and bind her and her husband and did afterwards slay her husband Waller. And this she offers to prove against him, as the wife Proofs and Illustrations 255 of the murdered man, as the Court shall direct. The defendant Part II. denies the charge word by word (and is ready to do) what the Court shall direct. The jurors and the whole neighbourhood hold him in suspicion of this murder ; wherefore it is adjudged that he should clear himseff by the ordeal of the hot iron, because he himself elected to bear the hot iron. (Eyre Rolls, Staffordshire. 5 Joh.)] (13.) Quaedam Elena malecreditur a juratoribus quod ipsa fuit The jurors state that the . . . . Defendant was present ubi Reinalda de Hencherche occisa fuit, et quia per enus when a murder was ^ r J committed, and that the auxilium et consensum occisa fuit; et ipsa defendit, et murder was so committed x with her assistance and Sed quia infirmatur, consent she is adjudged x 7 to bear the hot iron. ideo purget se per judicium ferri. ponitur in respectum quousque convaluerit. Staff. 5 Joh.) (Rot. It. [One Elena was held in suspicion by the jurors, for that she was present when Reinalda de Henchurch was murdered, and because she was murdered with her assistance and consent. She denied it; let her therefore clear herself by the ordeal of the hot iron, and because she is invalid let the ordeal be postponed until she is weU. (Eyre Rolls, Staffordshire. 5 Joh.)] (14.) Andreas de Bureweston malecreditur a juratoribus de t^ Jur°rs present a J Defendant as guuty of a morte cujusdam Hervici, eo quod subtraxit se pro morte ™*?ei, grounding their " ' *¦ x suspicion upon his night ilia, et ideo purget se per judicium aquae. (Rot. It. Staff. "ys0?ddei£dged to the 5 Joh.) [Andrew de Burston is suspected by the jurors of the murder of one Hervic, since he fled and hid himself because of this murder ; let him therefore clear himself by the water ordeal. (Eyre Rolls, Staffordshire. 5 Joh.)] (15.) De Hundredo de Pirkull isti sunt. A Defendant presented as II ' j -n -it guilty of theft and bur- aenncus de Eavenesne est captus et malecreditus a giary by the jurors of the * j. .i x ¦.-.•• Hundred, and by the four jurawriDiis et quatuor villatis proximis iuratis, de latrocinio next Townships, adjudged ^ J to the water ordeal. 256 Proofs and Illustrations Part ii. et burgleria ; purget se per aquam. (Rot. It. Stafford. 5 John.) [These are they of the Hundred of Pirehill. Henry of Rawnsley ( ? ) was arrested and held in suspicion of robbery and burglary by the jurors and by men sworn from four neighbouring townships. Let him clear himself by the water ordeal. (Eyre Rolls, Staffordshire. 5 John.)] (16.) Hugh the Fuller being Willielmus Pepin occidit Johannem Guldeneman, et to a murder, gives certain f ugit ; nulla halmit cataUa ; interrogetur — et Hugo Fullo chattels to the King, as „ . .... ., . the price of an inquest, captus fuit pro morte ilia et in gaola positus. Et quia is notUgui)St7.es"fy th " he pnedictus Johannes occisus fuit in domo sua, idem Hugo dat domino Regi cataUa sua, quae capt a fuerunt ciun eo, pro habenda inquisicione utrum ipse inde esset culpabilis necne. Juratores dicunt quod non est inde culpabilis, et ideo eat quietus. (Rot. Itin. Salop. 5 Joh.) [William Pepin slew John Guldeneman and fled; he possessed no chattels ; let him be interrogated — and Hugh the Fuller was arrested for that murder and put in gaol. And because the aforesaid John was slain in his house, this same Hugh gives his chattels to our Lord the King, the same which were seized when he was seized, to procure an inquest to determine whether he be guilty or not of this charge. The Jurors declare that he is guUtless of the charge, and so let him go free. (Eyre Rolls, Shropshire. 5 Joh.)] (17.) Robert, the son of Robert Robertus filius Roberti de Ferrariis appeUat Ranulfum de de Ferrariis, brings his /rT - . . . . appeal against Ranuiph Tatteswarthe, quod ipse venit in gardinum suum, in pace de Tattesworth, for that - . . . . the Appellee assaulted and domini Regis, et nequiter assidtavit Rogerum hominem wounded Roger, the man A of the said Robert The suum, et cum vcrberavit et vulneravit, ita quod de vita, ejus Appellee or Defendant ^ offers a Mark to the King, desperabat ui' ; et ei robavit unum pallium et gladium et to be allowed to put him- x l o self upon the testimony areum ct sagittas ; et idem Roaerus offert fioc probare per of a Jury or Inquest of ° *' r *¦ matgno7Peaaid'had been r0I'Pus suum, prout curia consideraverit ; et Ranulphus brought against him by VCIU(, et dofcndit totum de verbo in verbum, et offert domino Koger. Ine Jurors state ' IjieyffltSarQnnodestrpicioan Rt\"' unam '"'••'cam argenti pro habenda inquisitione per agamst the Appeiiee. |cg;,,|t.s niililcs, utrum culpabilis sit inde, necne : et praeterea dicit quod istc lunjerus nunquam ante appellavit eum, et petit ut hoc ei allocctur, — oblatio recipitur. — Juratores dicunt (piod revcra contencio fuit inter gardinarium praedicti Roberti, Osmund nomine, ct quosdam garciones, sedRanulfus Proofs and Illustrations 257 non fuit ibi nee malecredunt eum de afiqua roberia, vel de Part n. aliquo malo facto eidem. (Rot. It. Staff. 9 Joh.) [Robert, son of Robert de Ferrers, appeals Ranulf de Tettes- worth, for that he did come to his garden, in the peace of our Lord the King, and did feloniously assault Roger, his man, and beat him and wound him so that his fife was despaired of; furthermore he did rob him of a cloak, a sword, a bow and arrows. And this same Roger offers to prove this by his own body, as the Court shaU award. Ranulf appears and flatly denies the charge word by word and offers to our Lord the King one mark of sUver for an inquest to be held by legal knights, to determine whether he be guUty of the charge or not. Furthermore he declares that this Roger never appealed him before, and seeks that this be considered proved — the offering is accepted. The Jurors declare that in truth there was a contention between the gardener of the aforesaid Robert, named Osmund, and certain youths, but that Ranulf was not present and that no suspicion is entertained against him of any robbery or any harm done to this man. (Eyre RoUs, Staffordshire. 9 Joh.)] (18.) De Hundredo de Munsselawe. a Defendant accused of Coleman de Luddelawe rectatus de latrocinio : venit et the rhng'tohave a -good defendit latrocinium et totum, et de bono et malo ponit se tw\nty'-four men "of the , . x xt? . 7 • t-» Hundreds returned, who super patnam, et offert domino Regi unam marcam pro testifythatheisnotguiity. habenda bona, inquisicione, per plegios Galfridi Andrew de Luddelawe et Willielmi de Radenour de eadem. Et duodecim juratores istius hundredi et duodecim juratores hundredi de Luddelawe dicunt super sacramentum suum quod non est culpabilis, ideo inde quietus. (Rot. It. Salop. 15 Hen. III.) [Of the Hundred of Munslow. Coleman of Ludlow was accused of robbery; he appears and flatly denies the robbery, and for good or iU puts himself on his country and offers our Lord the King one mark to procure a good inquest, by the pledges of Geoffrey Andrew of Ludlow and William of Radnor of the same place. And twelve jurors of that Hundred and twelve jurors of the Hundred of Ludlow declare on their oaths that he is not guilty of the charge, and he is therefore acquitted. (Eyre Rolls, Shropshire. 15 Hen. HI.)] P.vn. 27 Part II. 258 Proofs and Illustrations (19.) verdktgivenbythetweivc Hundredum de Erminton venit per duodecim. — Ricardus Jurorsof the Hundred, and . ^, . . . , ¦ . ¦ • *x x J x1 Tx i j * • the four nearest Tythings. le Giu rcetatus dc latrocinio venit et detendit latrocuuum cl totum, &c. et ponit se super patriam de bono et malo. Et duodecim juratores, et quatuor Thedingi propinquiores dicunt super sacramentum Mium, quod praedictus Ricardus non est culpabilis de alirjuo malefacto, ideo inde quietus. (Rot. It. Devon. Xi Hen. III.) [The Hundred of Erm ington appears by twelve jurors. — Richard the Jew u as accused of robbery and appears and denies the robbery in full, etc., and puts himseff on his country for good or Ul. And twelve jurors and four nearest Tithings declare on their oaths that Richard is not guUty of any evil deed and he is therefore acquitted. (Eyre Rolls, Devon. 33 Hen. III.)] (19 a.) Mabiiia de Perboid brings Wapentak de Leylaundsijre per duodecim. — Mabilia de peKonsforfh^ateofhei- Perboid appeUavit in comitatu Adam Dun, quod ipse in felonia, et contra pacem Domini Regis occidit Albinum virum suum. Eadem Mabilia appeUavit in comitatu Gilbertum Nite, de morte Ricardi fifii sui. Et Mabilia modo non venit; et fuit attachiata per Ricardum filium Roberti de Wallemore et Machinum de Cuton. Ideo ipsa capiatur. Et plegii sui de prosecucione in misericordia. The Appellees are let out Eadem appeUavit dc vi Robert um de Crumton, Willielmum upon manucaption, pur- 7-,j , t-» 7-1 7 • j J suant to the King's writ— de Querendon, Robert um de Bracington, et Benedictum ae such writ being grounded ,,7 j, ..... . , • 7 upon an inquisition vir- Medecroft, quod ipsi fuerunt in vi et auxiho ejusdem occisioms, tuaUy declaring them in- J nocent qui omnes modo vemunt, et afias capti fuerunt et impnsonati apud Lancastrian) pro praedicta morte. Et super hoc mandavit Dominus Rex per breve suum, quod accepit per inquicisionem fact am, quod pnvdieti Adam, Robertus, et alii inlcrl'ccerunt pranlictos Albinum et Ricardum pro latriHinio undo intercept! fuerunt, et non per feloniam; et quod conimitterentur duodecim legaHbus hominibus qui eos inanueapcrcnt habendi ipsos coram justiciarfis ad primam rrhT'lperion0srsSfedrwe?e iWHisinii, &c. Et, duodecim juratores dicunt quod praedicti ants0adas " ri.l^^X Albi mis ct Ricardus fuerunt latrones dc bobus et vaccis, et grante delicto — (Part I., Proofs and Illustrations 259 cum latrocinio capti unde fuerunt in seisina ; et ideo fuerunt part n. decoUati. Et praedicti juratores, requisiti si de afiquo having been taken Jn fa- malecredunt praedictos Adam et alios, dicunt quod non 'T/^) £" malecredunt ipsos de afiquo malefacto. (Rot. It. Lane. 31 Hen. III.) [The Wapentake of Leylandshire by twelve jurors. — Mabilia of Parbold brings an appeal in the County Court against Adam Dun, for that he did feloniously and contrary to the peace of our Lord the King slay her husband, Albin. The same Mabilia brought an appeal in the County Court against Gilbert Nite for the death of her son Richard. Mabilia does not now appear; and was attached by Richard son of Robert of Wallemore and Machin of Coton. Let her therefore be arrested, and her pledgors for the prosecution be in mercy. The same woman brought an appeal for violence against Robert of Crompton, William of Quarndon, Robert of Brassington and Benedict of Meadowcroft, for that they were accomplices by force in the slaying ; they do now appear, and were arrested in other parts and committed to prison at Lancaster for the aforesaid death. Whereupon our Lord the King commanded by his writ, that he had learnt by inquisition, that the afore said Adam, Robert and others slew the aforesaid Albin and Richard for robbery in which they were caught, and not with felonious intent; and that they should be handed over to twelve legal men who should go bad for them to bring them before the justices at the first Assize, &c. And twelve jurors declare that the aforesaid Albin and Richard were robbers of oxen and cows and were captured in possession of the stolen articles; wherefore they were beheaded. And the aforesaid jurors when asked if they suspected the aforesaid Adam and others of any misdeed, declare that they do not suspect them of any misdeed whatsoever. (Eyre RoUs, Lancashire. 31 Hen. in.)] (20.) Willielmus Powe de Herteshorne captus pro suspicione ™ia™11Pow.' %££*£ °l latrocinfi, venit et defendit latrocinium et totum, et dixit xlwlshipoiBartori7 Arid quod hoc crimen ei impositum fuit per villam de Barton, eo J^^.^ £" quod eadem villa odio habuit ipsum, et offert Domino Regi Jur0^^ne(?^ ^ quindecim marcas pro habenda inquisicione per juratores ^a^enTxcepteI°wns'hips' comitatus et per omnes villas propinquiores, excepta viUa 17—2 260 Proofs and Illustrations Part ii. de Barton, ct recepti sunt per plegios Gilberti filii Ormi, Ricardi de Salesergle, Elice filii Simonis, Roberti filfi Elice et The jurors of the county, Willielmi filii Thomce. Et juratores istius comitatus et and of the nearest Town ships (Barton being ex- omnes villae propinquiores, praeter praedictam viUam de cepted), declare that they i it x x ± do not suspect him. But Barton, dicunt super sacramentum suum quod praedictus on account of thesuspicion l ± r " Ss' a'duVend that'he'1 'shall Willielmus in nullo est culpabilis de afiquo malefactor ideo ^i?sUgooTbeLvioCurri,J' quietus. Et quia suspicio de eo habetur per praedictam viUam, ideo icmaneat sub eadem plevina quod erit fidelis. (Rot. It. Westmoreland. 40 Hen. III.) [William Pejw of Harlshorne, arrested on suspicion of robbery, appeared and denied tfie robbery in fuU and declared that this charge had been made against him by the township of Barton, because that township had a grudge against him. He offers to our Lord the King fifteen marks for an inquest to be held by jurors of the county and by aU the nearest townships, the township of Barton excepted. These are accepted on the pledges of Gilbert, son of Orm, Richard of Soulgill, Elias, son of Simon, Robert, son of Elias, and William, son of Thomas. And the jurors of that county and aU the nearest townships, except the aforesaid township of Barton, declare on their oaths that the aforesaid William is utterly guUtless of any evil deed, wherefore he is acquitted. But because the aforesaid town ship holds him in suspicion, he must therefore remain under the same pledge that he will be faithful. (Eyre Rolls, West moreland. 40 Hen. III.)] (21.) fne^urt^ndStes3t>faptiiat Willielmus filius Matildce captus fuit et imprisonatus the7 Prison" cominltted aPud Gloucestriam pro morte Willi elm i Blund, quem ipse the murder. occidit : et Nicholaus de Ecclesia, Johannes fifius Melisent, Walterus de Havena, Walterus Faber, ct Ricardus de Herde- shelt, et pluics alii, qui interfuerunt quando ipse occisus fuit, testati sunt quod ipsi viderunt ubi ipse occidit eum, et quod ipsi statlin supcr factum ceperunt eum, adhuc teswrtoX^me^rfect tenentem in manu sua baculum unde ipse eum occidit; et Hund^d^ir/e tnat 'no pneterea quatuor villata propinquiores hoc idem testantur ,s guilty ct pnetcr. .ct Dionisia uxor ipsius Willielmi Blund appel- lavit cum de morte prwdicta, ut de visu suo; et praaterea plead "not guilty," but duodecim juratores dicunt quod ipse est inde culpabilis. inasmuch as he was taken r-,, . .. -,. , in the fact, and it is Hit ipse detenclit totum versus omnes. — Sed quia ipse captus declared unanimously, and - . „ 7 J without a dissentient voice tint super factum, tenens adhuc in manu sua, baculum unae Proofs and Illustrations 261 ipse occidit eum, et omnes dicunt una voce quod ipse Part n. est inde culpabifis : consideratum est quod ipse non that he is guilty, it is potest defendere, et ideo suspendatur. (Rot. It. Glouc. entitled to any further r _ trial. Judgment given 5 Hen. 111.) accordingly. [William, son of Matilda, was arrested and imprisoned at Gloucester for the death of William Blund, whom he kiUed ; and Nicholas of Eccles, John, son of Melisent, Walter of Avening (?), Walter Smith, and Richard of Herdeshelt and several others, who were present when he was kUled, testified to what they saw when he killed him, and that immediately after the deed they arrested him, stiU holding in his hand the stick with which he killed him ; in addition the four nearest townships testify to the same effect, besides. . .and Denise, the wife of William Blund, appealed against him for the aforesaid death for that she saw it done; and in addition twelve jurors declare that he is guUty of the deed. The prisoner totally denies against them all. — But because he was caught in the act, whUe stUl holding in his hand the stick with which he kiUed him and aU unanimously declare that he is guilty; it was adjudged that he was not entitled to make his defence. Let him therefore be hanged. (Eyre RoUs, Gloucester. 5 Hen. III.)] (22.) Hundredum de Heynqford respondit per duodecim. — John u Brasur is found in , 77-i company with a thief, who Johannes le Brascur captus fuit in societate Martini Fikeboc is convicted and hanged. cum quodam equo Ricardi Batayle furato. Et Martinus suspensus fuit pro latrocinio. Et Johannes venit et defendit h« p"^ himself upon the ... country, and the four latrocinium et omnem feloniam, et ponit se super patriam Townships declare that - *- xx they do not suspect him, de bono et malo. Et quatuor villatae propinquiores dicunt n,f cf "v "v^ be x r r ^l alleged against him, ex- super sacramentum suum quod nunquam viderunt nee comP*nywfthXtJiiSdyet sciverunt ipsum esse de societate ipsius Martini nisi post- ?|Als^0nd0Lhnatiour^ quam praedictus Martinus captus fuit, neque malecredunt abiuras the ^ib*™- ipsum de afiquo malefacto, nisi quod fuit cum Martino quando captus fuit. Et quia non potuit invenire plegios, petit ficenciam quod possit abjurare regnum. — Abjuravit. — Et elegit portum de Doverio, et datus est ei dies, quando evacuerit regnum, infra octo dies. (Rot. It. Essex, 19 Hen. III.) [The Hundred of Hinckford answers by twelve jurors. — John the Brewer was arrested in the company of Martin Fikebok, with a horse stolen from Richard Batayle. And Martin was hanged 262 Proofs and Illustrations Part II. for robbery. John appears and defends the theft and all felony and puts himseff on the country for good or ill. The four nearest townships declare on their oath that they never saw him nor knew him to be in the company of Martin except when the aforesaid Martin was arrested, nor do they suspect him of any evil deed except that he was with Martin when he was captured. But because he cannot find pledges, he requests permission to abjure the realm. He did so, and chose the port of Doeer, and a day was appointed for him within eight days wherein to leave the country. (Eyre Rolls, Essex. 19 Hen. III.)] (23.) The seneschal of Robert ViUa de Roubyry venit per duodecim juratores. Jura- the Township for a mis- tores praesentant quod Joliannes de Brigham Senescallus demeanour in amercing 77-., 7 t the men thereof according Roberti fifii Roqeri apud Roubury de consuetudine amerciat to his will, and not by the 7 -r» , • - 7 r, judgment of their peers, tenentes praedicti Roberti in curia de Roubyry pro voluntate sua, et non secundum quantitatem delicti, nee per pares suos, &c. Et Johannes modo venit, et elicit quod ipse nunquam amerciavit tenentes praedicti manerii nisi secundum consuetudinem antiquitus usitatam in praedicto manerio, He puts himself upon the tempore quo non extat memoria. et hoc per pares suos. Et Jury of the Township, *¦ *¦ t 11 who, being re-examined de hoc ponit se super praedictos juratores predict* vilhe. as an Inquest, find that x *¦ x J A he has amerced them j]t juratores dicunt quod praedictus Johannes non amerciavit according to the ancient J *- L custom, to wit by the tenentes praedicti manerii, nisi secundum antiquam con- assessment of the Reeve x m rs^herefo^e^umeTThe suetudinem praedicti rnanerii, videHcet per praepositum et caiSe%n?iraTCrdictd'conI messarium sicut fieri consuevit; ideo praedictus Johannes tradicts their presentment. in(je qUietus. Et praedicti duodecim juratores sint in misericordia, quia contrarium praesentaverint in veredicto suo. (Rot, It. Northumb. 21 Hen. III.) [The township of Rothbury appears by twelve jurors. The jurors present John de Brigham, Seneschal of Robert, son of Roger at Rothbury for that he does habitually amerce the tenants of the aforesaid Robert in the court of Rofhbury according to his will and not, in accordance with the extent of the fault and not by the judgment of their peers. John now appears and declares that, he has never amerced the tenants of the aforesaid manor except in accordance with the practice which has of old been customary in the aforesaid manor, from a time beyond memory and always by judgment of their peers. And as to this he puts himself upon the aforesaid jurors of the township. And the jurors declare that the aforesaid John Proofs and Illustrations 263 has not amerced the tenants of the aforesaid manor, except Part n. in accordance with the ancient practice of the aforesaid manor, to wit upon the assessment of the reeve and hayward as the custom has been. Wherefore the aforesaid John is acquitted. And the aforesaid twelve jurors are in mercy, for that they did return a presentment contradictory to their verdict. (Eyre Rolls, Northumberland. 21 Hen. in.)] PEINE FORTE ET DURE, Fleta and Bracton describe the "Penance" in such (See Part i., P. 220.) terms as to shew that, according to the opinion of these writers, the punishment, though hard indeed, was not considered as necessarily occasioning the death of the Offender. Such was the law, and Andrew Horn does not hesitate to accuse those of homicide, who kill the prisoner by "surcharge of penance." About the same period, how ever, the chroniclers do record the fate of many Criminals who perished under the infliction ; and we can only ascribe this increase of punishment to the discretion assumed by the Judges. They not only aggravated the "penance," Peine forte et dure,— 1 77.7 77 ct 77 extended by the judges but extended it beyond the purview of the statute, which to appeals, though the , ~, statute speaks only of speaks only of indictments — for it was universaUy apphed indictments. also to appeals, of which no mention is made. Coke defends the legafity of the infliction by the theory, that the punish ment existed at common law a ; but at aU events no authority can be shewn, that the "common law, which," as he con siderately says upon this occasion, "is the absolute perfection of all reason," sanctioned the additional severities inflicted by the tribunal b. a 2 Inst. p. 178. *" Gascoigne (the well-known Chief Justice) par advis de touts les justices agard que Us fueront mis a penance, et com mand al marshal pour eux mettre en diverses bases measons estoppes ; et que Us gisent sur la terre touts nudes, forsque lour braces; et que U metteroit sur chescun de eux altant de fer et pois come Us puissent porter et pluis, issint que Us ne puissent lever, et que Us ne averont nul mangier ne boire, si non le pluis 264 Proofs and Illustrations Part ii. Some countenance to the common law theory of the "penance" is afforded by the Norman practice, which, as pier pain que pun-ait estre trove, et de l'ewe plus prochein al huis del gaole, sauve ewe currant, et que le jour que ils eient pain que ils n'eient l'ewe, et e contra — et que ils gisent issint, tanque ils fueront marts. Et fuit dit que le contrarie avera estre fait avant ces heures. (.Mich. 8 Hen. VI. i.) [Gascoigne, by counsel of all the judges, awards that they be put in penance, and orders the marshal to put them severally in closed vaults ; and that they are to lie on the floor naked, except their drawers . and that on each of them is to be put as much iron and weight, as they can carry, and over, so that they cannot rise ; and that they have no other food and drink than the worst bread that can be found, and water nearest to the prison gate, provided it be not running water ; and that on the day they have bread they have no water, and vice versa — and that they lie thus, till they die. And it was said that the contrary practice prevailed before this occasion.] Thus it appears from the concluding phrase, that some held that the punishment was not continued tUl the death of the offender. — In a subsequent case, the judges settled the "penance" after a private consultation. — H serra mis en une chambre, et la serra nud, saunz ascun litter, ou sirplis ou ascuns draps ou autre chose, mes solement la nude terre, et que puis U serra nude couchant sur son dorce, nude saunz ascun garnish circa luy, ayant une chose le quel recovera son inembre, et que son teste soit veste, et les pies veste, et que 1'un brache soit traie a l'un quarter del chambre ove une corde, et l'autre brache a l'autre quarter, &c. Et que l'un pee soit traie a l'un quarter del chambre et l'autre pee a lautre quarter, et que sur son corps soit mis une peece de ferre tant come il poit, suffrir et porter suir lui et pluis ; et le primer jour U avera pain fait de barley trois morcellis saunz ascun boyer, et le second jour il boyera trois foits. tant si come il poit d'ewe que est prochein a le huis del prison, except ewe que est currant, saunz ascun pain, et eel serra son diet tanque il soit mort. (Trin. If. Ed. TV No. 17.) | He shall be put in a chamber, and will be naked, without any bed, or shirt or any clothes or other thing, but only the bare earth, and thereafter he shall bo naked lying on his back, naked without any vestment about lum, having something to cover his member, and let his head be covered and his feet (? eyes) also, and lot one arm be drawn toward one corner of the room by a cord, and the other arm to the other corner. And let one Proofs and Illustrations 265 appears from the Custumal (see below, p. 267), condemned the Part ii. AppeUee, if he would not put himself upon an inquest, to he in prison for a year and a day. Little meat and Httle drink was he to have during his confinement; but these directions do not imply that he was to be actuaUy starved to death. Barrington supposes, that the alteration in the original Barrington's supposition, 7° i 7 ° that the judges adopted sentence by the different tortures afterwards used, arose «« plan of pressing, or compressing the criminal, from the anxiety of the Justices of gaol delivery to leave in order to enable them to ^ o ^ leave the assize town as the assize town as soon as they could; and that this was soon as possible as they 17 would otherwise have been the reason which induced them to adopt a less tedious mode compelled to wait, tai he x was dispatched by starva- of dispatching the Offender. Coke does not mention the tion- further alteration in practice which prevailed in his time. The Criminal was loaded with so great a weight, that he was Practice introduced about ,., t , . 7r- 7- re - .7 7 i the reign of Elizabeth of more speedUy dehvered from his sufferings, though not piacingsuchheavyweights . , , , 7 . 7,7 7.7 uPon tne criminal as killed without undergoing great agony under the press, which wm in a tolerably short crushed his miserable bodya. The tender mercies of cruelty introduced an agreeable foot be drawn toward one corner of the room and the other foot to the other corner, and let there be placed on his body a piece of iron as heavy as he can endure and carry on him, and over ; aDd the first day he shall have bread made of barley, three mouthfuls, without any drink, and the following day he will have drink thrice, as long as he can, of water which is near the prison gate, running water excepted, without any bread, and that shaU be his diet tUl he is dead.] a "Such feUons as stand mute and speak not at their arraign ment, are pressed to death by huge weights upon a board, that lieth over the breast, and a sharp stone under their backs ; and these commonly hold their peace, thereby to save their goods unto their wives and chUdren, which if they were attainted, should be confiscated to the prince." (Harrison's England, bk. ii. c. 11.) The simple and affecting narrative of the death of Margaret Middleton, (Lingard's England, Vol. VIII. p. 345,) shews that this execution was attended with fearful horror. When Major Strangeways was pressed in Newgate in 1659, he was prohibited the usual "favour in that kind to have a sharp piece of timber laid under his back," by which his death woidd have been accelerated. (Harl. Misc. Vol. IV.) This unfortunate man was attended by his friends, who, at his urgent request, cast the weights upon the engine of torture. The Press-yard of Newgate derived its name from these executions. 266 Proofs and Illustrations Part ii. variation of torture. It became the custom at the Old oid Baiiey practice.— The Bailey to tie the thumbs of the Prisoner together with whip- prisoner Ued together with cord, till they were cut to the bone. In Keelyng's Reports, compelled him to plead, this is said to have been the constant practice at Newgatea, and, hke the main punishment, continued in use, until standing mute was rendered equivalent to the confession of the Felon. It is a singular proof of the want of attention to any general principles of legislation, that a custom, equally foolish and barbarous, should have continued so long unaltered. And the subject is one, amongst others, which shews that the Engfish law, "the absolute perfection of all reason," must forfeit many of the encomiums of humanity, which have so long passed current amongst us. a Newgate Sessions, 14th (Jet. 14 Car. II. George Thoreby being indicted for robbery, refused to plead, and his two thumbs were tied together with whipcord, that the pain might compel him to plead, and he was sent away so tied, and a minister appointed to go to him to persuade him, and an hour after he was brought again, and pleaded. (Keelyng. p. 27.) "It appears by the Sessions Papers, ' .-ays Barrington (p. 82), "that this was practised at the Old BaUey, in the reign of Queen Anne. In 1714 a prisoner's thumbs were thus tied at the same place, who then pleaded. And in January 1720, Wm. Spiggot submitted in the same manner, after his thumbs had been tied as usual; ancl his accomplice. Phillips, was absolutely pressed for a considerable time, tiU he begged to stand his trial. In AprU, 1721, Mary Andrews continued so obstinate, that three whipcords were broken before she woidd plead. In December, 1721, Nathanael Hawes suffered in the same manner, by tying his thumbs, after which he continued some minutes under the Press, with 250 lbs. and then sulimitted. John Durant was also obliged to plead, by tying his thumbs together very tight during the mayoralty of Sir William Billers, in the vear 1734." Proofs and Illustrations 267 Part II. NORMAN JURIES. In the printed text of the Grand Coustumier, the word Juries according to the x Law of Normandy (see "Enqueste" is substituted for " Juree," and there are some Part l-< p- '99). other variations of language. The separate examination of the Witnesses distinguishes this ancient proceeding from the more modern "Enqueste," in which the witnesses appeared in a body or "tourbe," and gave their joint evidence. In Brittany, at an early period, judgments were given by the Scabini, upon the evidence of the Twelve witnesses who were first examined, and afterwards sworn, and this took place in the "MaUum," before the Missus of Nominoe, King or Duke of the Bretons (see p. 271, § 2); the whole process of the Carlovingian jurisprudence was forced upon this Celtic people. If any doubt could exist as to the origin of the English Jury, the language and tenor of the Norman Custumal would be more than sufficient to remove aU hesitation. L'om doit savoir qe nus ne puet sieurre de murdre, Appeal, or suit of murder, A *- f not to be brought, until devant qe certainnes ensaingnes ensoient trouvees du there are certain indica- x ° tions of the crime. murdre. Se nus n'est qi face sieute ou clamor de murdre, se Persons accused by com- x- mon fame to be arrested by aucuns en est blasmez communelment, U doit estre arestez f"*™ of iuslicf' a.nd 5 kept m prison upon slender par la Justise jusqu' a ung an et ung jour, a poi de mangier ^°Tthl/ f^t to^an et de boivre, se U n' offre dedens ce a soustenir 1' enqueste ^"Xtc p^sT"'1* du Et se il la veut soustenir, la Justise se doit porveoir, qe s^0^omet"' s£*l*s ^ cU de qi U qidera qi en sachent la verite de eel murdre, de fuurmi\ont^..b^ldsutdodenbe quel fieu qu' il soient, vengnent par devant lui soudenement ^f^J ^ST1 be" [It is to be understood that no one can bring suit of murder, till clear indications of the crime have been found. If there is no person forthcoming to bring suit or charge of murder, when some one is accused of it by common report, he is to be imprisoned by the Judge for a year and a day upon small allowance of food and drink, if he does not offer sooner to abide an inquest of the country. And if he is willing to submit to it, the Judge must see to it, that those whom he supposes to know the truth about this murder, to whatever place they belong, should come before him 268 Proofs and Illustrations Part n. et desporveuement, et sans savoir pourquoi; ce est si, qe li ami a celui qi est en prison ne les corrompent ou par proiere ou par louier. Si doit l'om apeler chascun par soi, par devant quatre chevaliers qi ne soient pas soupconnels, et enquerre lor diligcment se cil qi est en prison feist eel murdre; et quant F um aura oi lor dis, et mis en escript, cil qi est emprison doit estre amenez devant els. Et li doit 1' om demander se il en veut nul sconner, et se il met soufisant seon sus, aucun chose qe il die ne doit estre a riens contee. Mez si le seon qe il met sus, li n' est soufisant, ce qe U dira sera receu ove les autres. Four-and-twenty jurors. Tel juree doit estre feite par vint quatre hommez loiax, et ne mie soupconnex, qe amour ne haingne ne doit oster de la juree : et la semonse doit estre feite par feel serjant, qi ne soit corrompus, ne par proiere. ne par louier, ne par amour, ne par haigne, qe il semoingne les plus prodes hommez qe il purra trouver es hex ou le me Set fu fet, et cex qi en In case of theft or robbery, Sachent la Veiite. jurors to be summoned, in , , , like manner, from the spot La iuree doit estre soustenue de larrecrn ou de robene. where the criminal lived, . , and cognisant of the fact Loiax jureourz doivent estre semons de la ou cU qi est accuse suddenly and unexpectedly and without knowing why; to prevent the friends of the prisoner from corrupting them by entreaty or bribe. Accordingly each of them should be summoned separately before four knights above suspicion, and dUigent inquiry be made of them, whether the prisoner committed this murder; and when their answers have been heard and put in writing, the prisoner is to be brought before them. And he is to be asked whether he desires to challenge any of them, and if his challenge is sufficient in any case, whatever the person challenged may witness is to be considered as without force. But if the challenge which the prisoner exercises is not sufficient, what the chaUenged says will be received along with the testimony of the others. The jury in such a ease should consist of twenty-four legal men, quite above suspicion, ineligible neither through love nor hate : and they should be summoned by an honest sergeant not corrupted by entreaty, bribe, love or hate; he is to summon the worthiest men he can find, in the locality where the crime was committed, and those who know the truth of the matter. Tn cases of larceny and robbery also, a jury is to be employed. Legal jurors are to be summoned from the district in which the jurors. Proofs and Illustrations 269 a converse, et de la ou Ten dit qe il fist le larrecin, et qe Part ii. l'om croit qi sachent la verite de ses fez, et de sa vie ; et doivent estre si soudenement amenes devant la justice, qe les amis a celui qi est en prison ne les corrompent, si comme nous avoms dit. Li bailiff les doit prendre segreement par devant quatre chevalers, e demander a chascon par soi, ce qe il set de la vie et des fes a celui qi est accusez, et ce qe il en croient. Quant il aura oi cbascun par soi, cil qi est accusez doit After they have been 7 ,-, J7-7..7, 7 7 -7 severally examined they estre amenez devant els, et li doit 1 om demander se il en are to be confronted with , , -i j or- , the accused, who may velt nul seoner; se il met souffisant seon sus, aucun chose challenge any one of them, . . . and if his challenge is qe cil die ne h doit puis nuire. allowed, the testimony of ^- such juroristo be rejected. Lors doivent li jureorz estre apelez en commun, et ce qe Twenty must concur in il auront dit doit estre recorde de par la Justise a celui qi est accuse, et U doivent reconnoistre qe ainssi ont il jure ; et sus ce doit maintenant li jugement estre fet, et ce qi sera jugie doit estre acompli sans delai ; et ce qe li vint diront soit garde. L'om doit savoir qe cil sont sepeles jur eours, qui par le sere- General description of ment qe il font en cort, sont tenus a dire verite des querelez, selonc ce qe il lor sera encharcie par le baillif, ou par celui accused has lived, and from tfiat where he is said to have com mitted the theft, men who are believed to know the truth about his deeds and his life : tfiey are to be brought so suddenly into court that the friends of the prisoner do not succeed in corrupting them, as has already been said. The justiciar is to take them privately before four knights, and inquire of each separately what he knows of the life and the acts of the accused, and what they believe about the matter. When he has heard each of them severally, the accused is to be brought before them, and is to be asked if he desires to chaUenge any of them; if his chaUenge is sufficient, anything the chal lenged says should not thereafter be aUowed to injure the accused. Then the jurors in a body are to be called in, and what they have said is to be repeated by the Justiciar to the accused, and the jurors are to declare that they have sworn to that effect; and thereupon judgment is to be pronounced, and executed, whatever it be, without delay : and whatever twenty of them say shaU be maintained. It is to be understood that they are caUed jurors, who are bound by the oath made in court to speak the truth in issues, in accordance with the charge delivered to them by the justiciar 270 Proofs and Illustrations trrsacquainted with the per sons of the parties, Causes of challenge. Part il. qi sera en son lieu. Quant contens doit estre finez par They are to attend to the serement de jureours, il convient qu'il sachent les circonstances circumstances of the mat- J M at issue, and to be des contens ; si comme des personnes entre qi li contens est ainted with the per- L x- avt et le lieu, et la cause et la manere. Li ancnii, ne li especial ami, ne li cousin a l'un ne a rautre, ne nus de qi l'om puisse par certaine raison avoir soupecon d'amour ou de lingnage, ou de haigne, ne doivent pas estre recheu au serement. Xe cU qi sont parconer de la querele, ne cil par qi clle est mene et deffendue; ne cU qi n' est ne prochain ne voisin de la chose de quoi contens est; et cil qi n' est du tens ne du lieu qi en puissent riens savoir, doivent estre ostez du serement; et cU qi sunt repris de parjure et de faux tesmoing porter. Et pour ce, doit l'om semondre as jureez, les plus prodes hommes et les plus prochainz, et eels de qi Ton croit qi en sachent la verite, et qi ne soient soupeconnels a l'une partie ne a l'autre. Autresi doit l'om faire de eels qi sont com- munalment blasme de larrecin d'omicide, ou d'aucun autre crime de quoi U n'est qi les sieue. Du meffet qi a este fet a ceus qe Tom apele ne puet enqueste estre feite, fors par l'aisens a l'une partie eta l'autre. or his deputy. When a contestation has to be settled by the oath of jurors, it is essential that they are acquainted with the circumstances of the disputed matter, as with the parties to the dispute, the where, the why and the how. Neither an enemy, nor a close friend, nor a blood relation of either party, nor any about whom a confident suspicion of affection, famUy feeling or hate might be entertained should be admitted to the oath ; likewise those whose interests are involved in the dispute, the parties to the suit, pursuer or defender, he who is neither near nor neighbour to the property in dispute; and he who in point of time and place can know nothing about it must be barred of the oath, as those who have been convicted of perjury, and bearing of false witness. And for this reason, those summoned on juries must be the most, upright and the nearest, and those who are beheved to know the truth ami are not suspect to either party. The pro cedure is (he same in the case of men charged by common report with larceny, homicide or any other crime, when a prosecutor is not forthcoming. No inquest can be made into an offence committed against those who arc charged with felony, unless by consent of both parties. Proofs and Illustrations 271 Plusorz se seulent accorder, qe se ung homme apele ung p^t n, autre a mort, et cil qi est apelez veut soustenir l'enqueste opinion, given with some du pais, en la forme qe nous avons dite, il la doit avoir, et foThVriht'of'a^pdiel se il est atains par l'enqueste, il doit estre dampnez : et se to demand an inquest- l'enqueste le sauve, si soit defivrez, et se il est mis en non- savoir, l'apeleour puet revenir a la batadle, a ce seulent plusors acorder pur abatre les fauces plaintes, ja soit ce, qe plusorz ne veulent pas. Several authorities are wont to agree that if a man brings a capital charge against another, and the person charged desires to put himself upon the verdict of the country in the afore mentioned form, he has a right to it; and if he is attainted by such verdict, he must be condemned to death ; and if the verdict saves him, be acquitted accordingly ; but if the verdict is indeter minate, the appeUor has right to return to trial by battle : this view several are wont to take in order to abate false charges, although several do not accept it.] (2.) Notitia in quorum praesentia qui subter tenentur, 1 . , - r-t • 77 jy"*77 Mallum held before the quomodo venerunt monachi, Gonwoion abbas et Gomdelu Missus of Nominoe, Duke propositus, in MaUo publico ante Missum Nominoe, nomine conwoion, abbot of Rieux, Drewalon, interpeUantes Fetmer propter campum iUorum, fcynayianr^praposltus nomine Gam-dou-pont, quem habebat raptum, et malo afmeaundsd "a^uiV "ne ordine exaratum atque seminatum. Et venerunt in ratione, et non dedit Fetmer fidejussores, testificantibus omnibus quod inique et mendaciter egisset Fetmer rapere ipsam terram. Et testificaverunt duodecim viri franci, hi sunt, Testimony given by twelve Hobrit, Vurwal, Burg, Antrival, Omni, Gurgot, Vinwocon, sworn to the'truth Tutwallon, Roenheber, Fitber, Yarnwant, Risbart, quod plus esset, et supradicta terra ex tigranno Acun in Langon qui ad Conwenran Fitmer ; atque juraverunt in altare S. Petri quod sic esset verum. Et judicaverunt Scavini quod digni judgmentbytheEcnevins. erant supradicti viri ad testificandum et jurandum. Hi sunt Scavini, Branoc, Jiarnan, Arthuin, Catlowen, Wowcar, Benedic, Wathin. (Lobineau, Hist, de Bretaigne, vol. II. p. 74.) [Memorandum as to how, in the presence of the subjoined, the monks, abbot Conwoion and prior Gomdelu, came in open MaUum before the itinerant judge of Nominoe, Drewalon by name, charging Fetmer because of their field, caUed Cam-dou-pont, which he had seized and held, having in his evil course ploughed 272 Proofs and Illustrations Part II. and sown it. And they asked for a judgment, and Fetmer found no sureties, everyone bearing witness that Fetmer had acted unjustly and falsely in seizing that land. And twelve freemen, nameiy, Ilobrit, &c, bore witness in addition, the aforesaid land was a part of the territory of Acun in Langon [given] by Fitmer to Conwenran : and they swore on the altar of St. Peter that this was true. And the Assessors declared that the aforesaid men were fit to be witnesses and to be sworn. The Assessors were Branoc and six others. (Lobineau, History of Brittany, vol. II. p. 74.)] From the Cartulary of Redon. There are marked peculiarities in the barbarisms of the Latin employed by the Cymri ; and the Breton charters are exactly in the tone and style of the narrative grants contained in the Liber Landavensis. Nominoe is said to have been appointed Duke of Brittany, or rather of the Bretons, by Louis le Debonnaire, 824. He died in 851, and was succeeded by his son Erispoe. ICELANDIC COURTS. Ancient courts of the Icblajstd was colonized by the Norwegians before they p.°93)men (! e art " received Christianity, and the CivU constitution continued, in great measure, free from those innovations introduced in consequence of the increasing prerogatives of the Monarch in the Mother country. It may therefore be concluded, that the usages retained in this remote Island, almost beyond the verge of the habitable world, exhibit the prin ciples of Gothic jurisprudence and legislation in the purest form. The connexion between the religion and the pohcy Godordsmen, priests, and of the Icelanders is very remarkable. Priests and Magis- a^ef heredfta'r^ and tefri- trates, whilst the Islanders retained their ancient faith, torial magistrates, in the .. -. .. , . >~i 7 l " subsequent periods. afterwards, Hereditary Magistrates, the Godordsmen, aisofai.ed^he^iitting,' were the principal Functionaries in the territorial courts, or spring courts. whj(h ioTmcd tho basis of thc coumionweaitri . The Herred, or Hundred in Iceland, is stated to have contained three GodorTjsrnen^st1 a? the Godords, and tin' three Priests united together constituted areSd to have appointed the magistracy by which it was governed. Each Godords- the Echevins of the Free- , , , , „ , , xl,,, field court of corbey. man chose, or clcctcii, twelve Doomsmen, by whom tne Proofs and Illustrations 273 bench was fined, just as the Priests of the Eresberg named Part n. the Free Echevins of the Field Court of Corbey. This Court was caUed the Varthing, or Spring Court, from the time of its assembling. Each Quarter of the island contained nine ancient Fierding, or Quarte Godords; and in the Fierding, or Quarter Court, each Godordsman was attended by one Doomsman of his nomina tion. When, in after times, the Godord became divided by descent or alienation, stiU only one Suitor attended on its behalf, who was named conjointly by the owners. The idea of the indivisibility of tbe political unit was always retained in England. Whatever number of manors arose within the township, stiU the township was only one in the eye of the law. In the Fierding Court were decided aU causes which had not been settled in tbe court below, or when an appeal was made from its authority. The Quarter, or Fierding Courts, were subordinate in due Fimtardam, or supreme judicial court, in cases course to the Fimtardom, the last court of resort in cases °( ordinary jurisdiction, the "Logretta," (Part I., of ordinary jurisdiction; composed of nine Doomsmen, p. 93,) being the supreme ^ " A political court, having also from every Fierding, or thirty-six for the whole land, an extraordinary juris- A fourth bench, or branch, resulted from the nomination, or election of the Lords of the new "Godords" which had been created by the partition of the ancient districts. This species of representation must, from its nature, have been engrafted upon the older constitution; and it is the more remarkable, because the Godordsmen themselves are not expressly noticed as forming a part of the assembly. But causes decided in this , or j court> bT a select body of when a cause was to be decided by the "Thing," it was doomsmen six chosen J a' by the plaintiff, and six referred to a select Body. Six Doomsmen were chosen by °y the defendant. the Plaintiff, and six by the Defendant. These were to rise, and, separating themselves from the other Doomsmen, they took their station in the midst of the circle ; and their judgment was final and decisive. More regularly defined and reduced into system than our Anglo-Saxon jurisprudence, these proceedings throw great fight upon tbe course occa- sionafiy adopted in the Hundreds, when a select body was named by, and out of the members of the court, acting as a tribunal within a tribunal, and who, when an oath was more constantly imposed upon them, became the Jurors of the Hundred, or of the Shire a. a From Arnesen's "Islandske Rettergang." p. vn. 18 274 Proofs and Illustrations Part II. CHANCELLORS, &c. OF THE FRANKISH MONARCHS. chancellors and Referen- It appears to be the better opinion, that according to the darii of the Frankish rr r > 6 monarchs iSee Part i., establishment of the Frankish Monarchs, the Arch-Chaplain p. 144). r and the ChanceUor are to be identified a. OriginaUy, the " Refcrendarius " was the keeper of the royal signet ring. And this officer was so usuaUy invested with the office of ChanceUor, that the titles were used indiscriminately. a Quin et par est credere non ohm duntaxat, et prima stante regum nostrorum stirpe, sed etiam sub tertia, CapeUanos seu ArchicapeUanos et CanceUarios eodem functos munere, ita ut qui regum diplomata subscribebant, promiscue Archicapellanos et CanceUarios crebro sesc inscriberent. (Du Cange, n. 227.) [Moreover it is perfectly credible that not merely in days of long ago, when the first line of our kings existed, but also under the rule of the third line, C'fiaplains or Arch-chaplains and ChanceUors performed the same office; so much so, that those who signed the King's charters were frequently in the habit of signing themselves promiscuously, Arch-chaplains and ChanceUors.] Hincmar, in his very curious Epistle "de Ordine Palatii" [Concerning the grades of service in the Palace], certainly dis tinguishes the officers ; but this seems to have been a temporary separation : for the lists published by Du Cange shew that scarcely any instance can be found in which they are not united. — Apocrisiarius autem, quem nostrates CapeUanum vel Capelli custodem appellant, omnem Clerurn palath sub cura et dis position sua regebat. Cui sociabatur summus Cancellarius, qui A secretis ohm appeUabatur ; erantque UU subjecti prudentes et intelligentes ac fideles viri, qui praecepta regia absque immoderata cupiditatis venalitate scriberent, ct secreta Ulius fideliter custo- dirent. (Hincmar, ut supra, 17.) [Moreover the Chancellor, whom our forefathers used to call Chaplain or Keeper of the Chapel, used to rule aU the Clerks of the Palace under his care and disposition. With whom was associated the chief Chancellor, who was formerly called Secretary ; he had also under him prudent men of inteUigence and fidelity to write out the royal commands free from the unbridled venality of greed, and to faithfully safeguard his secrets. (Hincmar, as above, 17.)] Proofs and Illustrations 275 The practice of preserving writs or rescripts, "brevia," Part n. as they were even then caUed, in the Chapel, is noticed in the proceedings of the CouncU of Frankfort, A.D. 794. In Scotland, whose law is always the faithful mirror of antiquity, the Chancery was called by the name of the King's Chapel a, and the phrase is substantiaUy retained to the present day. And in Scotland, also, we find the possession of the Chapel-clerkships leading to the episcopal office, just as in our own ancient history. Besides the examples of these convenient promotions of 'Part '•• p- '«•) Royal Chaplains, which I have noticed in my text, I may add the instances of Walkelin of Winchester, and Thomas of York, who received their Sees from the Conqueror. And, in the foUowing reign, Flambard and Losinga, Ralph Lulla, and Johannes Medicus, aU being the king's chaplains, and the king's friends, received the best preferments of England". — The history of the Chancery must be reserved for another part of this work ; and it wiU be then seen how effectuaUy the King's Clerks worked and laboured in the great task of establishing the law, and in directing tbe course of jurisprudence ; they being placed at the fountain head of the stream. ANCIENT STATE OF THE BRITONS. The wild freedom of the Celtic tribes has always been Ancient state of the J Britons. represented with extreme bitterness by their more polished Archbishop Peckham's . J V Letter to Edw. I. AD. neighbours; and we may almost suspect, that the "Sas- 1284 (see Part i., P. 60). senach" at those periods, when they were reduced into decent order, secretly envied the happy license of the savage community. Archbishop Peckham's letter affords a valuable, though not an impartial, portrait of the Welsh at the time of the Engfish conquest. The rude barbarity which he reprobates plainly resulted from their unchanged adherence to the customs of their ancestors. No better praise could perhaps have been claimed by the Britons. As a political measure, Peckham's recommendation that a Thus saith Skeene (Quon. Attach, c. 53.) Gif the breeve is impetrat, and raised according to the form of the King's Chapell, the assize saU proceed. b Ord. Vit. 516, 764. 18—2 276 Proofs and Illustrations Part ii. the Welsh should be brought together in towns was wise and expedient ; and the Boroughs founded and incorporated by Edw. I. seem to owe their origin to this advice. The Archbishop's etymology of the name of the Burgundians, is grounded upon a passage in Orosius ; which, however, is somewhat cmbeUished by the prelate's ingenuity. Anno Domini M°. CC°. octag. quarto. A tres honurable Prince c Seygnur Edward, Deu grace Rey de Engletcrrc, Seygnur de Irlande e Due d'Aquitaine — Frcic Jan par la suffrance de Dieu, Prestre de Canterbyre, Primat de tut Engleterre, saluz en graunt reverence. Sire,- 11 me semble qe li poeple de Gales est trop sauvages e mahcius durement. quaunt a plusurs, e pou sachant de ben, e une gent perdue saunz profit au munde. E si U vus plest, vus i poez mettre conseil legierement en ceste manere, si Ten ne troeve meiUur. Primerement, Sire, lur sauvagine, ove autre maus, surt mut de 90 ke U ne habitent pas ensemble; eins meint chescun loinz de autre. E pur 90, Sire, si vus volez, ke Ten les puist enfurmer. sulum Dieu et sulum le munde, e oster lur sauvagine, comaundez ke U meynent ensemble en viUes. Issi le fist tins Empereres auncienement as Burgoynniuns, qui esteient larruns e murderieres, e habitoyent tuz severez e loinz cheskun d'autre, kar U les fist [Anno Domini 1284. To the Most Honourable Prince and Lord, Edward, by the grace of God. King of England, Lord of Ireland, and Duke of Aquitaine, Brother John, by the forbearance of God, Friest of Canterbury, Primate of All England, wishes health in great reverence. Sire, — It seems to me that the people of Wales are very wild and illwilled, that is to say. most of them, and have httle know ledge of what is good, and are a lost race without any profit in the world. And if it please you. you may easily try the following plan, if you cannot find a better. First, Sire, their savagery and other evils arise largely from their not dwelling together, but each lives far from the other. And for that reason, Sire, if you wish to reform them for God and for the world, and to take away their savagery, order that they dwell together in towns. Thus did one of the Emperors of old to the li'un/undiuus, who wore thieves and murderers and dwelt all separate and far from each other; for he made them live in company and dwell in boroughs, wherefore they are called Proofs and Illustrations 277 ensembler e habiter en burgs ; e de 90 sunt il apeles, Part 11. Burgoynniuns&. Ovek 90, Sire, la malice des Galeys surt mut de leur oysufte, kar il sunt oysus, e pur 90 pensent il tute malices. E pur 90, Sire, comaundez ke cheskun segun sun estate face chaskun jur aukune chose, issi ke Pen sache dunt chascun ad sun vivre. E jo ay comaunde d'autre part ke Ten sustreye les sacramenz de Seynte Eglise as oysus : pur 90 ke nul n'est en estat de salu qui aukun profit ne fet au munde. E pur 90, Sire, pur Dieu, la manere de vivre de Wysshanbighanh comaundez oster de tut. Oveke 90, Sire, Burgundians. Moreover, Sire, the malice of the Welsh arises greatly from their idleness, for they are idle and therefore meditate aU kinds of malice. And, therefore, Sire, order that each, according to his estate, do some work every day, so that it can be known whence each has his living. And I have on my part given command that the sacraments of Holy Church be withheld from those that are idle, for none is in a state of salvation who does no profit to the world. Wherefore, Sire, for God's sake, command that the manner of living of the " Young lads" cease entirely. Moreover, Sire, the people will a Hos quondam subacta interiori Germania a Tiberio et Drusone, per castra dispositos, aiunt in magnam coaluisse gentem : atque ita nomen ex opere praesumpsisse, quia crebra per limitem habitacula eonstituta Burgos vocant. (Orosius, fib. 7, c. 19.) [It is said that, at the time when the interior of Germany was subdued by Tiberius and Drusus, these peoples, scattered in various camps, were united into one great nation : and that thus they took their name from their act, because they give the name of Boroughs to groups of dweUing-places established throughout their territory.] " The "Gweison bychan," or "young lads," were juvenUe retainers of the Welsh Court, who, like most of the followers of the British Princes, were entitled to quarter themselves upon the Villains. The Welsh youth, as we learn from Giraldus, delighted in the sports of the field, and, possibly, the Archbishop, in his zeal for the amendment of the "savages," may have thought that an immunity which tended to encourage their roving and marauding disposition was likely to impede the civilization of Edward's newly-acquired and turbulent subjects. He recommends that the way of living of the "Boys" should be whoUy prohibited ; and, like aU the other customs connected with the policy and court of the British princes, it was very 278 Proofs and Illustrations Part ii. james le poeple ben ne savera, ne bon ne serra, deske a taunt ke il eyent genz, qui les sachent enseigner, e 90 ne poent estre, si Ten ne Its destreint de envoyer lur enfaunz en Engleterre pur apprendre clergie et maniere : kar ly clerc du pays ne sevent gere plus de lettre ke ly lay. Par la queu chose, Sire, a vus qui en estes Sires, jo defivere ma conscience en la foy ke jo vus doy, ke james cele gent ne serra en est at dc valur et de pes seure, ne profitable au munde, deske il meynent ensemble, et ke U oevrent sicume autre genz; e ke i) cyent enseygnement de genz qui les sachent e voyUent aprendre. Ovek 90 Sire, si U vus semble ke mun Seygnur Seynt Thomas deyve estre plaunte en vostre noveau conquest si come vous avez premys, si U vus sovient, fetes ent vostre pleysyr nun pas pur moy, kar tres ben me suffisent les tres graunt honeurs que vos genz unt fetes a moye a miens par tute la terre par vostre comaunde- ment. Sire, Dieu vus gard a tuz jurs. Ceste lettre fu escrite a Neuport lendeymen de la Translaciun Seynt Thomas. (Register Peckham, Lambeth Library, f. 446.) * never know what is right nor be good, untU they have people who know how to teach them, and that cannot be. if they are not forced to send their chUdren to England to learn letters and manners; for the clergy of that land has scarcely more learning than the laity. Wherefore, Sire, to you who are its Lord, I dehver my conscience in respect of the faith which I owe to you, that never will that race be in serviceable order or stable peace, or profitable to the world, until they dweU together and work like other men, and untU they have teaching from men who know how and are wiUing to teach them. Moreover, Sire, if it seem good to you that my lord, Saint Thomas, should be planted in your new conquest, as you have promised me, if you remember, do your pleasure in that matter, not for my sake, because I am more than satisfied by the very great honours which your people have done to me and mine throughout all your land by your command. Sire, may God keep you ever. This letter was written at Newport, on the morrow of the Translation of St. Thomas. (Peckham's Register, f. 446.)] speedily suppressed. Edward, however, was too good a financier fo grant a gratuitous release of this onerous prerogative, and the service of finding "hospitation" was commuted into a pecuniary payment. Thus, in the extent of Denbighshire, taken in 1342, amongst the various payments due from the Cantred of Ruveniog, are enumerated, " Pastus Pcnmackew, et waison baeghan ixs.iiiid.' Part II. Various Battle Trials- (see Part I., p. 180). Proofs and Illustrations 279 BATTLE TRIALS. The most whimsical of these conflicts is that described, in an ancient German Custumal, as having taken place when a Woman and a Man were engaged in single combat. In order to equafize the strength of the Combatants, the Battle between a male and . a female — how managed Male Hero was placed in a circular pit, in which he stood so as to put the parties on an equality. as low as his girdle, armed with an oaken club or staff, of the length of a good cloth ell. The Virago, on her part, was furnished with a sling or rope of equal measure, and at the end of the sling was tied a heavy stone ; with this weapon she endeavoured' to feU her Antagonist. He parried and shifted as weU as he could, striving to twist his club in the sling. If he succeeded, he would be in the way of winning the fight, for the sling was tied to the Woman's arm, and he could drag her easdy within reach of his fists and staff, and then she was at his mercy ; yet even with this advantage the victory might not always be an easy onea. Amongst the ancient Bavarians the weregeld for a woman was twice that of a man, on account of her feminine weak ness. But if she was such a Woman, as in the boldness of her heart would stand up, and fight like a man, then ber life was worth only as much as the lives of her brethren; she could protect herself, and did not require the additional safeguard of a double penalty. The ancient law of the Angles furnishes the incidents so often found in legends and in romance. If the Wife was Amongst the Angles a 7 f. , TT .7 , . , . . married woman, accused accused ot poisoning her Husband, or having otherwise of the murder of her compassed his death, her nearest Kinsman was to justify fended by her kinsman her in the field. But if no Champion was found, then like Queen Emma, she was to prove her innocence by treading with naked feet over burning ploughshares6. In this case the causes prompting the Battle Trial stUl appear with sufficient distinctness. If the Friends of the (Part L' pp' l81' l82-) Husband slew the Woman without cause, her Kinsmen would have attempted to avenge her death. Battle, when converted into a judicial process, compeUed aU parties to pause. The Kinsmen had an opportunity of forming some judgment upon the case. If they should think her innocent, a Dreyer, Sammlung vermischter Abhandlungen. Rostock, 1754, p. 159. b LL. Bajuv. Tit. iii. cap. 15. Lex Anglorum, Tit. xiv. 280 Proofs and Illustrations Part ii. they might legaUy take up her quarrel: if not, they aban doned her to her fate. Battle Trial, how em- In addition to the passages quoted in the text (Part I., Bavarians7 to' decid^'the p. 182), the laws of the Bavarians furnish other clear ex- wheVno proof could be amples of the original nature of Battle Trial. A controversy found of the contested . . 11 j • i 1 j Tx -7,1 boundaries, in which case miuht arise concerning allodial land. It might happen that the Bottle Trial is to be ° ° . n ° rr considered as the one com- the metes and bounds were unevidenced by any land-mark bat which was to settle the 1 i -ii 777 rights of aii parties. or march-range, -— neither by hiU nor dale, by the course of the stream, nor by the noted tree. — Each of the contending Parties asserted that the property had descended to him from his ancestor. If, under such circumstances, no other proof could be found, then the parties were to give gage of battle, not by Champions, but in their own proper persons, and to him unto whom the most strength was given, the disputed property was to belong8. a Quotiens de commarchanis contentio nascitur, ubievidentia signa non apparent in arboribus. aut in montibus, nee in fluminibus, et iste dicit : Hucusque antecessores mei tenuerant, et in alodem mihi reliquerunt, et ostendit secundum proprium arbitrium locum ; alter vero nibilominus in istius partem ingreditur, alium ostendit locum, secundum prioris verba suum et suorum ante cessorum semper fuisse usque in presens asserit. Et si aha probatio nusquam inveniri dinoscitur, nee utriusque invasionem compensare voluerint, tunc spondeant invicem Wehadinc, quod dicimus, et in campiones non sortiantur, sed cui Deus fortiam dederit et victoriam, ad ipsius partem designata pars, ut quaerit, pertineat. (Lex Bajuv. tit. xii. cap. 5.) [Whenever a dispute arises between two parties whose lands are adjacent and when no plain landmarks appear in the shape of trees or mountains or rivers and one of the parties de clares :— "Up to this point my ancestors held it and bequeathed it to me as allod" and points out a spot according to his own judgment ; but the other none the less proceeds to the former's part and points out another spot and asserts in the words of the former speaker that it has belonged to his ancestors and to him up to the present time ; and if no other proof can be found on inquiry and neither of them is willing to give compensation for the other's act of aggression, then let each in turn pledge himself to Wehadinc as we call it, and let them not take the field by means of eliampions but let the aUotted part under question be added to his part, to whom God shall give strength and victory. (Law of the Bavarians, tit. xii. cap. 5.)] upon a fraudulent title. Proofs and Illustrations 281 What was this, but a provision of the law, by which one Part n. conflict was substituted for an endless feud? To use a coUoquial expression, it was thought better that the dis putants should fairly fight the matter out and out, instead of keeping the country in a state of constant disturbance. The improving policy of the Lombard kings led them to Amongst the Lombards, discourage the judicial combat. Grimoald, repeating in thirty years possession 7 7 C 7". 7 ,• 7". 7 7 • £ ,- ^ 1 • Sha" ^ * ^^ t0 * ^^ substance the laws of Kothar (i.e. Red-hair, or Rufus), his trial. But Liutprand re- , , , 777 stores the battle, if such predecessor, enacted, that thirty years possession excluded possession was grounded the battle trial, and left the question to be decided by the compurgatory oath of the party a. By a subsequent law, a Leges Grimoaldi, §iv. Leges Liutprandi, Lib. vi. §115. The formula which is annexed to the latter, is a good example of the Lombard pleadings, which have a very strong affinity to the course of common law. Petre, te appeUat Martinus, quod tu tenes sibi malo ordine terram in tab loco. Mea propria est terra quam dicis. Quid tibi pertinet? Ecce carta, quam tu mihi fecisti. Et si non voluerit pugnam facere appeUator, tunc appellatus, postquam beUum factum est, quod possederit terram Ulam per xxx annos, non audiatur. Secundum quosdam ita igitur. Afii vero ita. Petre, te appeUat Martinus, quod terra quae in tali loco est, sit sua: tu sibi eam defines. Non ei respondeo, quia possedi per xxx annos. Vere possedisti, sed per chartam falsam, quam dixisti patrem meum fecisse tibi. Non est verum. Ita appro- babo. Vel ita. Vere possedisti sed malo ordine, et malo titulo. Non malo ordine, quia patruefis tuus mihi eam vendidit per chartam. IUa charta falsa est. [Martin makes his appeal against you, Peter, for that you do in evU course withhold from him land in such and such a place. The land which you mention is my own. Why does it belong to you? Behold the deed which you did give me. And if the appeUor is unwiUing to resort to battle, then the appellee, after a battle has been fought, may not be heard because he has held possession of the land for thirty years. According to some that was the mode of procedure. According to others as foUows : Martin makes his appeal against you, Peter, for that the land which is in such and such a place is his: you are keeping it from him. To this man I make no response, 282 Proofs and Illustrations Part ii. Liutprand restored the battle, if the possession had been grounded upon fraud. And the aUegation of forgery, when the title deed was produced, compeUed the tenant to enter the field . This was a concession to popular feeling. It was the opinion of the Nation prevailing against the opinion of the King. The Legislator was fully aware of the uncertainty of these appeals, which tempted Providence; and that many a good and righteous claim had been defeated by the chance of battle; but so inveterate was the custom of the Lombard Nation, that he could not prohibit this "impious law." The Lombard form of waging battle agrees with the practice of the common law ; and the Norman Custumal is to the same effect. And it is veryT difficult to beheve, that this purely Teutonic ceremonial was not introduced here until after the Conquest: and that, according to the usual opinion, the Anglo-Saxons were strangers to an institution which was known to aU their brethren. ANGLO-SAXON CHARTERS, &c. conveyances of land a- Conveyances of land, as emploved amongst the Teutonic mongst the barbarians r ° prepared by the clergy, by nations settled upon Roman ground, were almost, exclusively which means, a general x o -j Sd^ed °f style was PrePareci by the Clergy : and as the Clergy constituted but one body throughout aU Christendom, a general uniformity of style was soon introduced. AU the monks of Latin Europe were virtuaUy bred in the same coUege. The mem bers of the church were constantly in migration from province to kingdom ; and a good precedent carefully settled at Monte Cassino was rapidly transmitted to the "Scriptorium"' at Worcester or at Canterbury. Therefore we need not wonder if we find that, most of the Anglo-Saxon because I have held possession of it for thirty years. Quite true I You have held possession of it. but by false deeds, which you declare that my father gave to you. It is not true. I will prove it to be true. Or again as follows : You arc in truth in possession of the land, but in evil course and with bad title. It is not bad because your uncle sold it to me by deed. That deed is false.] Proofs and Illustrations 283 technical terms are translated from the vulgar Latin of the part ii. continental practitioners. Thus, the "land boc" was the "fibeUus," and "gebocian" was used like "libellare," to. grant or convey. Limited estates in land, — not descendible or trans- „ (See part i., P. 52.) Precanas, Prestanas, or missible, according to the rules of law — governed by the frastte, land solicited ' ° ° J from a superior, and agreement of the parties — and requiring a formal renewal, g™tedujirfi(5'^ld>yd^jj!l when the term, whether more or less extensive, for which finable estate. they had been granted, expired, were termed Precarice. They were obtained, not by right, but upon soficitation ; — and because only the occupation of land passed, — the estates so created were caUed Prestarice, or Prcestitce, which These lands caiied"La:na" the Anglo-Saxons termed "LEena," or Loans a. The Grantor saxonTs a For this assertion, we have sufficient authority in the very remarkable record, concerning the six soUens of land at Worldham or Wuldham (Text. Roff. 1 16, 1 17) . The land originaUy belonged to the Church of Rochester, and had been usurped, or resumed by the Crown. iElfstan bought the domain from King Edmund, and it was "geboced" to him and his heirs for ever. It appears, that the land must have been partible according to the gavel kind; but .Mfeh, his eldest son, kept possession of the whole, and excluded his brother, iElfric, from all right to the land. He was to stand in the situation of a stranger, and to have nothmg, except what he could earn, or deserve by his service. But at last, from natural affection, he granted certain lands to him, but for his life only; and as a "Lam" or "in prestito," and not as an inheritance. Upon the death of xElfric, his brother resumed the "Lsen," but he granted it out again to Eadric, the son of M]i ric. Eadric died in the life- time of Mli eh ' ' cwideleas ' ' leaving a widow, but no chUd. iElfeh then re-entered upon the land, and resumed the "Lain," but granted to the widow her "Morgen- gife," or dowry. It should seem, that although the "Lcen" was not transmissible to heirs, and that upon the determination of the life-estate, it reverted, by law, unconditionaUy to the Lord, still that the custom of allowing the son to succeed to his father's 'Lmn," and the widow to enjoy her dowry, began to prevaU. Cwideleas," in the old version, which accompanies the Saxon text, is translated "absque commendatione vel distributione rerum suarum" [intestate and without division of his goods], but in this case, it implies, as I apprehend, that Eadric did not in his life-time prefer any request to iElfeh, that the estate might be allowed to his relict. — "Lsen-land" not being transmissible, mous. 284 Proofs and Illustrations Part ii. had the property, the Grantee had only the usufruct. Such an estate was also considered as an Emphyteusis. The words Precarhe and Emphyteusis were employed as if they were synonymous. Thus a charter granted in the reign of Bcrengarius II. (!)f>0 — 901), contains the foUowing clause — "Non habent potestatem ipsum Xenodochium nemini in emphyteusis-, id est jjrecariam, dandi aut concedendi." [They have no power to grant or yield the guest-house itself to anyone as an Emphyteusis, that is Precaria.] Precana-aisotermedbenc- I'-reraric and I'rerstitep were Benefices ; the expressions used in ancient documents leave no doubt that originally the words denoted one and the same thing in the Romano- barbaric laws, and their legal incidents gave them much affinity to the military Benefices of the Lower Empire. lomfn bene'rices (Part'i e They were qualified cstatcs, held upon condition, and pp. 207, *"9, 2">). descending, when and if they did descend, not by the general law of inheritance, but in terms of their creation. fhT^rms weer"ins%or.y- "Praedictas res sub beneficio Prcpstarice cum omni integritate eo tenore concedimus, ut quamdiu prsefatus Artoldus et Adelizia futura ejus uxor et heredes ex eis nascituri vixerint, usumfructum exinde percipianta." [The aforesaid property we have granted, in aU integrity, by way of Benefice on this condition that so long as the afore said Artold and his future wife Adelizia and the heirs that may be born to them shaU live, they may enjoy the usufruct thereof. Archives of the Monastery of St. Andrew of Vienne. (Du Cange, I. p. 1118.)] The petition presented to Charles the Bald, by the Bishops, in the memorable great Council or Placitum held at Epernay, 846, contains the foUowing request: "A nulla, potestate quis cogatur facere precariam, de rebus proprie Deo et Sanctis illius; dicatis, cum ratio et usus obtineat, neminem cui non vult, contra utilitatcm et rationem prm- stitum de proprio facere beneficium." [Let no man be except at the will of the Lord, is distinguished from Bocland, held up for three lives ; in which case, the two nominees of the grantee took their est att1 under the power contained in this charter. (Heniingi Cartularium, 94, 158, 204, 205, and the Charters appended to this essay.) a Tabularium Monasterii Sancti Andrese Viennensis. (Bu Cange, I. p. 1118.) Proofs and Illustrations 285 compeUed by any power to make " precaria" of the things Part ii. that belong to God and his saints. We pray thee declare that no man who is unwilling, though reason and practice may sanction the case, be forced to make a benefice of what belongs to him contrary to the public benefit and reason.] In the precedents for regranting, as a Benefice, the lands which had been surrendered to a monastery, the transaction is thus described: "Postea ad petitionem tuam non denegavimus, nisi ut ipsas res ad prcestitum beneficium tibi prcestare deberemus." (Marculfi Formulae, App. 28.) [Furthermore we have not refused your petition, except in so far as we are bound to offer you the lands only as a benefice.] So of lands originally belonging to the monastery : "Dum tua fuit petitio vel supplicatio, et nostra decrevit voluntas, ut prcestitum beneficium de rebus nostris tibi facere deberemus." (Formulae Lindenbrog. 26.) [Seeing that the petition or supplication was yours and that our wiU deter mined that we ought out of our lands to create for you a benefice.] And for such Benefices also, the vassal prayed his temporal Lorda. It is not correct to suppose that the terms a The following Precept of Charles le Chauve, affords an instructive example of such a grant: A.D. 876. In nomine sanctae et individuae Trinitatis, Kaeolxts ejusdem Dei omnipotentis misericordia Imperator Augustus. Si petitionibus fidelium nostrorum justis et rationabfiibus assensum prsebemus, Imperialis celsitudinis operibus consuescimus, et exinde eos ad nostras celsitudinis obsequium fidefiores ac devotiores reddimus. Itaque notum sit omnibus fidelibus sancta? Dei ecclesiae et nostris, praesentibus scUicet ac futuris, quia quidani fidelis noster, nomine Hildebertus, culminis nostri adiens serenitatem, deprecatus est, ut ei quasdam villas, quae appellantur Cavaliacus et . . . quae sunt sitae in comitatu Lemo- vicensi, usufructuario et jure beneficiario omnibus diebus vitae suae, et filio suo post eum, per hoc praeceptum nostrae auctoritatis concederemus. Cujus precibus ob sui bene meritum famulatum assensum praebentes, hoc scriptum fieri jussimus, per quod concedimus ei jam dictas viUas, cum omni sua integritate, cum terris, vineis, sUvis, pratis, pascuis et cum hominibus desuper commanentibus, ut absque alicujus immutationis sive irnminu- tionis vel minorationis detrimentis, omnibus diebus vitae suae, et fifius ejus post eum, ut praediximus, jure beneficiario et 286 Proofs and Illustrations Part n. prcestitce and precarice were confined to church holdings; this impression has arisen merely from the circumstance that a greater mass of documentary information relating to the church has been preserved, than with respect to the temporalty. About the eleventh cen- It is generally admitted, by the best authorities, that auue the name of Fiefs from about the eleventh century, Benefices acquired the name of Fiefs or hYuds. An Emphyteusis was a Precaria, a Precaria a Benefice, a Benefice a Feudum, or rather Feodum, Feif or Feud, derived and no better ctymology can be found for this last term, Z™hUtZfs'is.ute''8111' "' than by supposing that it is a coUoquial abbreviation usufructuario habeant et possideant. Et ut haec nostrae auctori- tatis praeceptio pleniorem atque firmiorem in Dei nomine ob- tineat firmitatis vigorem, &c. (Recueil des Historiens, vol. VIII. p. 654.) [A.D. 876. In the name cf the holy and undivided Trinity, Charles by the mercy of the same Almighty God, Emperor and Caesar. If we give assent to the just and reasonable petitions of our faithful subjects, we do so in accordance with the usual practices of Imperial Highness and we forthwith render our subjects more faithful and more devoted to their bounden duty towards our Highness. Wherefore let it be known to all the faithful of the holy church of God and to our own subjects, present and future, that whereas a certain faithful subject of ours, by name Hildebert, approaching the serenity of our Eminence, has made petition that we should grant to him by this precept of our authority, all the days of his lffe and to his son after him, certain farm lands which are named Cavaliacus and which are situated in the county of Limoges according to the law of usufruct and benefice. Granting assent to his prayers because of the great merit of his services to us. we order this writ to be made, by which we grant to him the aforesaid farm-lands, entirely, with lands, vineyards, woodlands, meadows, pasture-lands and with the men thai abide thereon; so that without loss arising from any change, impairment or lessening, he may hold them and possess them according to the law of benefice and usufruct, as we have said before. aU the days of his life and his son also after him. And that this precept of our authority might have a fuller ami stronger measure of strength in the name of Cod, etc. (Bouquet. Recueil des Historiens, vol. VIII. p. f.r.l,)] Proofs and Illustrations 287 of " Emphyteusis a." This derivation may appear far- Part li. fetched ; but let those who object to it point out a better, and I wiU then give it up, but not tiU then, for I reaUy cannot find out one more satisfactory, amongst the numerous guesses and conjectures of Lexicographers and Antiquarians b. a From Emphyteusis (pronounced Emphytefsis) the Italians have formed "Fitto." I doubt if the word Fewdum ever existed. It cannot be too often recollected, that the u and the v are but one letter in ancient manuscripts, and that we owe the distinction between the vowel and the consonant, to the ingenuity of Trissino. The older form seems to have been Fevodium (Charpentier, vol. II. p. 420), and I suspect that Emphytefsis was first contracted into Phitef or Fitef, and then into Fiev or Fief, afterwards latinized into Fevodium, which some contracted into Fevdum, and others, by omitting the v, into Feodum. In the Scottish language the verb is to infeff, not to infeud. It is hardly necessary to observe, that the words — Alms, Obispo, Evesque, Vescovo, Don, Dom, Mossen, Vidame, Na, exhibit abbreviations and transformations quite as unlike tfie original root, as that for which I contend. b As may be fuUy seen by the foUowing enumeration of the sources in which the origin of the word has been sought. Some in the Latin language, from fides, or fcedus, or fidelitas (Obertus and Johannes de Janua). Matthias Berneggerus, from the Hungarian fceld, earth ; which, by the way, if reaUy a Magyaric word, is also good Norsk. Pontanus, Hottoman, and Sandius contend f or faida (Alem.),feide (Dan.), vehd (Germ.) — battle-feud or dissension. Grotius, Selden, Wachter, and Robertson tell us that feodum is compounded of od, possession or estate, and feo, wages or pay, intimating that it was stipendiary, and granted as a recompense for service. And Gundlingius, adopting the same syllables, takes feo in its sense of cattle, and expounds feodum as "bonum rusticum vel pecuarium." Upon aU the Teutonic etymologies it is sufficient to observe, that the theories are contradicted by the practice of the Teutonic tongues— a Fevd or Fief is not caUed by such a name, or by any name approaching thereto, in any Teutonic or Gothic language whatever. Lehn is the only corresponding Teutonic term. About the reign of Henry I. a knight's fee was caUed a Knyghtesmetehom (Shaftesbury Charters, Mon. II. p. 477), a knight's place or "home" of "meat" or maintenance. We have retained this term as applicable to ecclesiastical Benefices, and in Hampshire, the people caU any holding of land a Living, — John 288 Proofs and Illustrations Part n. HaUam observes, and truly, — "It cannot be doubted, but " that some word of barbarous original must have answered " in the vernacular languages to the Latin Beneficium." no word corresponding to Certainly. — And the word which does so answer, in all the fhe' Teuton™ linage"! Teutonic vocabularies — ancient and modern, living and cogna'te terms. "nd "s dead — Anglo-Saxon, Danish, Swedish, German, &c. is Laen, Len, Leon, or Lehna. The essential and fundamental principle of a territorial Fief or Feud, is, that the land is held by a limited or conditional estate, — the property being in the Lord, and the usufruct in the Tenant. Military service and territorial jurisdiction, and the bond of fidelity, present themselves as the most prominent features of feudality ; but we must reeoUect that they are not the foundation of the system, but adjuncts, which, however important they may have become at subsequent stages of its history, do not constitute its basis, or impart the essential character of the Tenure. Angio-sanon charters. In selecting the following Charters, I have endeavoured to give the preference to those which elucidate the constitu tional history of the Anglo-Saxon Kingdoms. Etheiberts foundation The series of these instruments begins with the Charter monastery. ueus s by which Ethelbert (A.D. 605) founded the monastery of St. Peter and St. Paul, afterwards caUed St. Augustine's Boundaries accurately de- abbey. The abuttals are accurately given ; and it may be Burh-gat (the borough- remarked, that the Burgate, the road or street named as the stm retains its ancient southern boundary of the land, retains the same identical name. 1 name, without any variation, after a lapse of twelve hundred years". Spong's Living is John Spong's farm. Not the large overgrown farm of a "capitalist," formed by uniting field to field, and acre to acre; but just such a hame or home as would give meat or maintenance to a yeoman ami his famUy. These Livings, unfortunately for landlord and for tenant, and stiU more for the country at, large, have been almost whoUy swept away by the march of agricultural improvement. The Workhouse wfil tell the consequence. 1 Sec Wachter, Srhilter, Halthaus, Hire, and Junius, in his Glossary appended to Ulphilas. b hxthclbcrt's Tower has recently been laid in ruins by the obstinacy of an ignorant mechanic; and in consequence of the supineness of the corporation, the same fate is preparing for the sumptuous portal, almost the only remaining relic of a pile whose Proofs and Illustrations 289 As the information obtained from Charters, when they part n. stand the test of criticism, is of the highest importance, it Angio-saxon charters becomes necessary to use much caution before we admit s°™ed™uspicioir un e" their validity. At the same time, however, that we subject them to critical examination, we must take into consideration those circumstances which may impart a character of sus picion to authentic documents. There are many Instruments copies of ancient charters in the shape and form of original charters, but which are thatisto say, upon meml branes, or pieces oi vellum, nrobablv copies, made long alter tbe Conquest, for use and and intended for ordinary x ^ x ^ A use, to prevent damage to perusal ; and to prevent the injury which might result to ««e ¦rfrige!dials' f|° "'^TS the ancient "Land-boc," if touched by rude or careless consequence ofthe charac- 3 -* ter of the handwriting not hands. OccasionaUy, the CaUigraphist attempted, not ^g^*tewith 4h0 °sten" merely to repeat the words, but to depicture the ancient characters; and as these imitations are easUy detected by the skilful Antiquary, he may be induced to condemn as a forgery, a document which was merely intended to be an innocent facsimile. The same reasons which occasioned the Clergy to make transcripts of their charters in detached schedules, or membranes, also induced them to enter such muniments in Chartularies or Registers. Great judgment and accuracy are sometimes displayed in these coUectionsa. But the indolence of the Monk would frequently induce him p™|fsK>ris.aud alterations x ^ in the copies arising from to omit the subscriptions of the charter. Successive copyists carelessness or ignorance. modernized the language, and reduced the pure Anglo-Saxon of Ethelred to the Anglo-Norman or English of the Plan- tagenets; — the ignorant Clerk corrupted the document, history is coeval with the establishment of Christianity in England. The example afforded to the corporation by the Dean and Chapter ought to shame them out of their Vandalism. The restoration of the cathedral, effected under the inspection of Dean Percy, now Bishop of Carlisle, without the aid of any professional architect, exhibits an union of skill, contrivance, and correct taste, which has been rarely equalled, and never surpassed. a In the most valuable chartulary of Worcester, from which many of the following documents are taken, for instance, the transcripts which we owe to the care of Hemingius leave nothing to he desired. This is also the case with the "Textus Roffensis." Some of the original charters which it contains are yet extant in the Museum, and they agree so closely with the printed text as to afford the strongest testimony of the care and accuracy of those to whose successive labours we owe the printed book — Ernulphus, Sir Edward Dering, and Hearne. p.m 19 290 Proofs and Illustrations Part n. uninteUigible to him, into the most barbarous jargon1; — and in some instances, a more skilful, but equaUy injudicious Scribe, has destroyed the credit of the "Land-boc," by trans lating its antique phraseology into terms which were more familiar to his contemporaries. c»s=s m which forgeries Interest may have tempted the monks to commit forgery; handwriting, and by the and they did not always resist this temptation so resolutely of the charters. as might be wished for the honour of their order. Yet in extenuation, if not in apology of this offence, it must be remembered that their falsifications were chiefly defensive. Lands which unquestionably belonged to the Church were frequently held merely by prescriptive possession, unaccom panied by deeds and charters. The right was lawful, hut there were no lawful means of proving the right. And when the monastery was troubled and impleaded by the Norman Justiciar, or the Soke invaded by the Norman Baron, the Abbot and his brethren would have recourse to the artifice of inventing a charter for the purpose of protecting property ; which, however lawfuUy acquired and honestly enjoyed, was like to be wrested from them by the captious niceties of the Norman jurisprudence, or the greedy tyranny of the Norman sword. These counterfeits are detected by the pains which were taken to give them currency. It is familiarly known, that the Anglo-Saxons confirmed their Deeds by subscribing the "Token" of the "Rood" ; and the charters are fairly but plainly engrossed upon vellum. Instead of imitating these unostentatious instruments, the elaborate forgers often endeavoured to obtain respect for their fabrications by divesting them with as much splendour as possible. But tbe Crosses of gold, vermilion, and azure, which dazzled the eyes and deceived the judgment of the Court, when produced before a Bench of credulous, honest, and unsuspecting Lawyers, now reveal the secret fraud to the shrewd Antiquary. According to Ingulphus these modes of adornment prevailed long before the reign of the croyiano diaiters mani- Confessor. The foundation charter of Croyland, purporting to have been granted by Ethelbald, is richly ornamented in " The exemplifications of Anglo-Saxon charters on the Tower Rolls are corrupted in the most extraordinary manner. Yet the clerks of the Chancery always attempted to copy these muni ments in an Anglo-Saxon character. festly spnriow 1 Proofs and Illustrations 291 the manner which I have described, whence it obtained the Part n. name of the "Golden Charter," and the ancient "Chiro graphs," gay with paintings and illuminations, and the charters of the Mercian kings covered with embellishments, are enumerated by Ingulphus amongst the treasures which were consumed, when the monastery was destroyed by fire in the year 1091. But I can state, upon the information of Mr. Petrie, the most competent living authority, that there is no charter of this description which is not manifestly spurious, and unless it be supposed that aU the genuine illuminated charters in England perished by sympathy, when those at Croyland felt tbe flame, we must infer that the monk who compiled the history attributed to Ingulphus erred, either through ignorance or design a. Monastic charters relating to exemptions from episcopal jurisdiction, fie under a general suspicion, not entirely undeserved. The proceedings between the Bishop of (See above, P. 3o, &c.) Chichester and the monks of Battle, wiU sufficiently exemplify the extreme eagerness with which the monks watched their real or supposed immunities. Papal Bulls were occasionaUy papai Buiis not infre- manufactured for this purpose. Of these fabrications we to ground claims of ex- have a remarkable testimony. A monk of the abbey of jurisdiction. St. Medard being on his death-bed, confessed, with great StteTby a°monfcSof0the contrition and repentance, that he had forged numerous confesses on hisedelth-bed° i n p . . . r (. , • ,i that he had thus attempted bulls of exemption m tavour ot various monasteries, — the to prejudice the rights of abbey of St. Ouen in Normandy, and of St. Augustine's, favoureo° s^Augustfne" Canterbury, being amongst the number, to the prejudice of the rights of their Ordinaries. Certificates of this acknowledgment were sent to the Archbishop of Canterbury, under the seals of the Archbishop of Rouen, and of the Bishop of Evreux, and the originals are extant in the archives of the Cathedral b. a The "Golden Charter" of Croyland has not been seen since the year 1734. It was then exhibited to the Society of Antiquaries by Mr. Lethieulfier, who obtained the loan of it from Robert Hunter, Esq., Lord of the Manor (Gough's Croy land, Pref. p. viii.). In the opinion of Humphrey Wanley, "it was not much older, if anything at aU, than Henry the Second's time." Prom the facsinnle pubhshed by Hickes (Diss. Epist. Tab. D.), I suspect that it is even of later date. " Anglia Sacra, Vol. II. Pref. p. v., and from the information of Mr. Petrie. 19—2 monastery. . 292 Proofs and Illustrations Part ii. From the time of Edgar, the style of the Anglo-Saxon Declamatory and turgid charters becomes extremely turgid. The recitals are couched SgIlr0aU^stuttc«srsorE REGAL' ADELPHE. (Hoare's Wilton Chartulary, Pref.) [The Seal of Edith the king's sister.] a In the treaty between Ethelred and Richard of Normandy, it was agreed that the two sovereigns shoidd not harbour each other's subjects, except provided with their respective seals, i.e. with passports, under seal. Et de hominibus regis, vel de inimicis suis. nullum Ricardus ncipiat, nee Rex de suis, sine sigiUo eorum. (Will. Malm, de Gestis Regum, bk. ii. c. 10.) [And with regard to the King's subjects or his enemies, let Richard harbour none of them, nor the King any of Richard's, without their respective seals. (William of Malmesbury, Acts of the Kings, ii. 10.)] " See above, p, 101. Proofs and Illustrations 297 for every Knightling to use a seal, which is fitting only for part n. Princes and Persons of rank and dignity. On the Continent, the Seal had been employed since the days of Dagobert; but the Confessor departed from the pattern of his contemporaries, the waxen impression being pendant to the charter, whilst the diplomatic etiquette of France required that the wax should be applied upon the parchment, like a modern wafer-seal a. William the Con- origin of the double im- r pression, or obverse and queror adhered to the fashion of the Anglo-Saxon Chancery ; «Te,rseT?.f the g«at seals x © ^ ' of the Kings of England: but he caused his effigy, as the mailed Duke of Normandy, the equestrian figure being 0,/ 7 -* ' originally mtended to re- mounted on his charger, and brandishing his lance, to be j^^*emnast°eu!^f impressed on the obverse of the wax; whilst the reverse figure as Kings of England. displays him in the character of King of England, bearing the crown and sceptre, arrayed in the robe of royalty, and seated on the throne1'. Hence the origin of the double portraiture of the Kings of England on their Great Seals, according to the usage which now prevaUs. For an analo gous reason, the seal of Odo, Bishop of Bayeux, and also Earl of Kent, exhibits him, on the obverse, clad in his pontificals; and on the reverse, in the martial garb of the Earldom. Louis VII., upon his marriage with Eleanor of Guyenne, caused an imitation to be made of the English seal, one side representing him as King of France, and the other as Duke of Aquitaine ; but when he lost that territory by his separation from his consort, he then used only the French die, and the reverse of the wax continued without any impress, until Philip Augustus stamped the blank with the counter seal of the Fleur-de-lys, being his privy signet, which pattern has continued to the present time0. a Pendant seals were afterwards adopted in France. b As is testified by the inscriptions — Hoc, Normannorum WiUielmum nosce patronum. Hoc, x\ngfis regem, signo fatearis eundem. [By this seal, know WiUiam, patron of the Normans. By this seal, ye may acknowledge the same, King of the Enghsh.] 0 The seals of the Confessor and the Conqueror have been repeatedly engraved, but never with sufficient exactness. Mabillon, De Re Diplomatica, is the best authority for the French 298 Proofs and Illustrations Partn- (i.) Ethelbert, King of Kent, jn nomine Domini nostri Jesu Christi. Omnem hominem grants a plot of land with. out the city of canterbury, qUj secundum Dcum vivit et remunerari a Deo snerat et to the end that a monastery * x may be erected^thereon. optat, oporl et ut piis precibus consensum hilariter ex animo pi.cbcat; (|iioniam ccrtum est, tanto facilius ea, quae ipse a Deo poposecrit, conscqui posse, quanto et ipse fibentius Deo aliquid eoneesserit. Quocirca ego Ethelberttjs, Hex Gantice, cum consensu vcnerabilis Archiepiscopi Augustini ac principum meorum, dono et concedo Deo, in honorem Sancti Petri aliquam partem terrae juris mei, qua3 jacet in oricntc civitatis Dorobernia?, ita duntaxat ut monasterium ibi construatur, ct res qua? infra memorantur in potestate abbatis sint qui ibi fuerit ordinatus. Igitur adjuro et praecipio in nomine Dei omnipotentis, qui est omnium rerum Judex Justus, ut prsefata terra subscripts donatione sempiternaliter sit confirmata, ita ut nee mini nee alicui successorum meorum, regum aut principum, sive cujus- libet conditionis dignitatibus et ecclesiastic-is gradibus, de ea aliquid fraudare liceat. Siquis vero de hac donatione (1.) [In the name of our Lord Jesus Christ. It behoves every man who lives according to the law of God and hopes and wishes to be rewarded by God, to offer a cheerful and whole-hearted consent to holj- prayers ; since it is certain that he wUl be able with the greater facility to obtain those things which he has asked of God the more readily he has given something to God. Wherefore do I, Ethelbert, King of Kent, with the consent of the venerable Archbishop Augustine and my princes, present and grant to God, in honour of Saint Peter, a certain part of the land in my right, which lies to the east of the city of Canterbury, on the sole condition that a monastery be erected thereon and that the privUeges, which are enumerated below, be in the possession of the abbot, who may be ordained to that place. Wherefore I adjure and com mand, in the name of Almighty God, who is a just Judge of all matters, that the aforesaid land, having been given under my hand as a gift,, be for ever confirmeil by this signed deed of gift so that neither I, nor any of my successors, kings or princes, nor any dignitary of any condition nor any rank of office in the Church should have the right to deprive it of anything. But Proofs and Illustrations 299 nostra afiquid minuere, aut irritum facere temptaverit, sit Part n. in praesenti separatus a sancta communione corporis et sanguinis Christi : et in die judicii ob meritum malitiae suae a consortio sanctorum omnium segregatus. Circumcincta est haec terra, his terminis; in oriente ecclesia Sancti Martini, in meridie via de Burhgate, in occidente et aquilone Boundaries. Druting -street. Acta in civitate Dorobernise, anno ab incar- natione Christi, dcv. indict, viii. Ego aETHBLBBRTUS Rex Cancice, sana mente integroque consilio, donacionem meam signo sanctae crucis propria manu roboravi confirmavi que. Ego Augustinus gratia Dei Archiepiscopus testis consentiens fibenter subscripsi. Edbaldus, Hamigisilus, Angemundus optimates of Kent referendarius, Hocca grafio, Tangil, Pinca, Geddi. (Somner's Canterbury, p. 47. )* A concurrent charter is signed and attested in the foUowing manner: Ego aETHELBEB,TTjs, Rex Anglorum. Edbaldus, Regis filius, favi. Ego Hamigisilus Dux, laudavi. Ego Hocca, if any man shall attempt to subtract anything from this our gift or seek to render it void, let him be severed from the holy communion of the body and blood of Christ in this present life ; and in the day of judgment let him be separated from the company of all the saints as the reward of his evU deed. The land is enclosed by these boundaries: on the East by the Church of St. Martin; on the South by the road of Burgate, on the West and North by Drouting Street. Done in the city of Canterbury, in the year 605 from the incarnation of Christ, in the eighth indiction. I, Ethelbert, King of Kent, being of sound mind and unimpaired inteUect, have corroborated and confirmed this my gift with my own hand and the sign of the holy cross. I, Augustine, by the grace of God Archbishop, have gladly subscribed my signature as a wUling witness. Eadbald, Hcemgils, Angemund Referendary, Hocca earl, Tangil, Pinca, Geddi. (Somner's Canterbury, p. 47.)] [I, Ethelbert, King of the Engfish. I, Eadbald, the King's son, have approved. I, Hcemgils, Duke, have a It may be necessary to mention, that to save room, and spare trouble to the printers, I have omitted the Crosses, which are invariably prefixed to all the Anglo-Saxon signatures. 300 Proofs and Illustrations Part n. Comes, conscnsi. Ego Angemundus, referendarius, approbavi. Ego Graphio, Comes, bene dixi. Ego Tangisilus, Regis optimas, confirmavi. Ego Pinca, consensi. Ego Geddi, corroboravi.1 (2.) Ego xEthilbaltii non solum Mercensium, sed et uni- versarum provinciarum quae communi vocabulo dicuntur Suthengli, divina largientc gratia Rex, reverentissimo Grant by Etheibaid, King Comiti mco mihiquc satis caro, filio quondam Huuicciorum of the Mercians and South Angiia, to his comes, regis Oosheres, xEthxlrictE , terram viginti cassatorum, in /Ethelric, son of Oshere, ° ' B > lMuf °tf 'b' Tid""1"' °' Possessionem ecclesiasticae rationis atque regulae, cum con- ecciesiasticai benefice, with sensu avel episcoporum, avel optimatum meorum larsa consent of the Bishops and v r r o optimates. mentis benivolentia donans concedo. Est autem idem ager, qui traditur, in regione, quae antiquitus nominatur Stop- pingas in loco qui vetusto vocabulo dicitur Uuidutuun juxta fluvium, quem priores nostri appeUare solebant, et adhuc nominatur Aeluuinnae. Omnem itaque hunc agrum intra terminos, ab antiquis possessoribus constitutes, cum campis, applauded. I, Hocca, Earl, have given my consent. I, Ange- mund, Referendary, have approved. I, Graphio, Earl, have commended. I, Tangisilus, noble of the King, have con firmed. I, Pinca, have given my consent. I, Geddi, have corroborated. (2.) I, Ethelbald, through the bountiful grace of God, King not only of the Mercians but of all the provinces which are commonly caUed South Anglia, do give and grant in the bountiful benevolence of my heart and with the consent as well of my bishops as of my nobles, to my most honoured Earl xEthelric, dearly beloved by me, son of Osheke, formerly King of the Hwiccas, the land of twenty households (hides), to be held as a benefice of an ecclesiastical nature and rule. Now this same land thus handed over lies in the district which is called from of old Stoppingas ( >. Stopping) in the spot which is called by its ancient name Widutun (Wootton-Wawen) hard by the river which our forefathers used to call, and which is still called xElwinnae (Aim?). Wherefore I dehver and bestow all this land within the boundaries which have a Sic. Proofs and Illustrations 301 et saltibus, et pratis, necnon et universis qui ex eo provenire Pan n. possint necessariis redituum usibus, ita nimirum praefato Comiti meo ¦ZEthtTiRIC.cE, in jus monasticae rationis rogatus ab eo tradens largior, ut et ipse, quamdiu vita comite voluerit, prospere possideat, et cuicumque placuerit, vel se vivente, vel obeunte, ea conditione qua sibi traditum acceperit, licenter omnino nobis concedentibus libens tradat. Ego ASthilbalth hanc donationem meam subscripsi. Ego consent of the members „ „ . • , i . . „ . , . , , of the Witenagemot Uuor, Episcopus, consensi et subscripsi. Piot, Abbas — Uuilfrith, Comes — Sigibed, Comes — 06a, Comes — Beorcol, Comes — Heardberht, Erater Regis — Eadberht, Comes — Tepra — Aduulf — Geoba — Stronglic — Beonna — Uuilfriht, Episcopus — Cuthred, Abbas — Eobe, Abbas — Mihiluuald, Abbas— Mlbred. (Heming. vol. I. p. 219.)1 (3.) Ego xEthtjlbalt, Domino donante Rex, non solum Etheibaid, King of Mercia . ., . . and South Anglia, taking Marcersium, sed et omnium provmciarum quae generale also the title of King of 7 . -, . 7 . . Britain, grants lands and nomine Sutanqh dicuntur, pro remedio animae meae et casUe near the stour, to his Comes, or Ealdorman, relaxatione piaculorum meorum, afiquam terrae particulam cyniberht. (A.D. 736.) been affixed by its former possessors, with the plains, glades, and meadows and likewise aU tfie appurtenant profits of payments which might accrue therefrom, to the aforesaid my Earl xEthelric, by minster right, at his request, on such terms of course that he too, as long as his life lasts, may possess it in prosperity, and by our unlimited grant may, without restriction and at his pleasure, deliver it to whomsoever he wUl, either during his lifetime or at his death, on the conditions on which he received it from us. I Mthelbald have affixed my signature to this my donation. I, Wor, Bishop, have assented and affixed my signature. Piot, Abbot — Wilfrith, Earl — Sigebed, Earl — Oba, Earl — Beorcol, Earl — Heardbeorht the King's Brother — Eadbeorht, Earl — Tepra — Eadwulf — Geoba — Stronglic — Beonna — Wilfrith, Bishop — Cuthred, Abbot — Eobe, Abbot — Mthelwald, Abbot— Mlbred. (Heming's Chartulary, vol. I. p. 219.) (3.) I, Ethelbalb, by God's gift, King, not only of the Mercians, but also of aU those provinces which are commonly called by the name of South Anglia, do hereby deliver and. bestow with aU kindly feeling, for the healing of my soul and 302 Proofs and Illustrations Part ii. id est x cassatorum venerando comiti meo Cyniberhtte, ad construendum ccenobium in provincia, cui ab antiquis nomen inditum est Husmerce, juxta fluvium vocabulo Stur, cum omnibus neccssariis ad eam pertinentibus, cum campis silvisque, cum piscariis pratisque in possessionem eccle- siasticam benigne largiendo trado ; ita ut quamdiu vixerit potestatem habeat tcnendi ac possidendi, cuicumque voluerit, vel eo vivo, vel ccrtc post obitum suum relinquendi Scripta confirmation by the mem. est haec cartula A.D. 736.... Ego xEtdilbalt, Rex Bri- bers of the witenagemot. iann^a,^ proprjam donationem confirmans subscripsi. Ego Uuor, Episcopus, consensi — Uuilfridus, Episcopus — xEthil- ric, Subregulus atque Comes gloriosissimi principis Mthilhaldi — I be, Abbas — Heardberht, Frater atque Dux praefati Regis — Ebbella — Onoc, Comes — Oba — Sigibed — Bercol — Ealduuft — Cusa — Pede. (Smith's Bede, App. p. 7S6.)1 (4) ccenuuif, King of the Regnante et adjuvante nos Deo et domino nostro Jhesu Mercians, and his brother, ° cuthred, vassal King, or Christo. Ego Cosn uTTLi-us, gratia Dei Rex Merciorum, anno Regulus of Kent, grant ° ' ° ' lands to swithin their y°. imperii nostri, una cum fratre meo Ctjthredo, Reee ' Minister or Thane. L 3 ° for the unbinding of my sins, a certain parcel of land to wit the land of ten households, to my honoured earl Cynebeorht, for the budding of a convent in the district on which the name of Husmere has been bestowed by men of former times, situated near the river caUed the Stour, with aU the appended privileges appertaining thereto, with plain and woodlands, fisheries and meadows to be held by Church right ; so that, as long as he shall hve, he may have power to possess and hold it and to bequeath it to whomsoever he wiU either during his lifetime or at any rate after his death. This charter was written in A.D. 736 1, xEthelbald, King of Britain, have appended my signature in confirmation of my own gift. I, Hor, Bishop, have assented — Wilfrid, Bishop, — .Ethelric, Under-King and Earl of the most Ulustrious prince JZihelbald — Ibe, Abbot— Heard-beorht, Brother and Duke of the aforesaid King — Ebbella —Onoc, Earl — Oba — Sigcbed — j5 frerulitersfoTthe King's ^e0 e^ Domino nostro popubs et tribubus prgeordinatus huntsmen, falconers, &c. m Regem ann0 imperii nostri xxv. (See Summary of the History of Mercia.) [Here foUows a confirmation of the possessions of Abingdon.] Mandamus in nomine Patris et Fifii et Sancti Spiritus ut nuUus superveniat hominum superbia inflatus, nee Rex suum pastum requirat vel habentes homines quos nos kings to the church of .S7. Andrew after his death: I, Swithhun, do bequeath after my death the land named in this book, for the healing of my soul to the Church of St. Andrew as a possession for ever, with aU the rights that appertain thereto. And if anyone shaU add to it, may God grant him eternal lite; but if any man shaU seek to diminish it, may he suffer death [and] eternal punishment with the DevU. (Rochester Text, pp. 94, 95.) (5.) In the name of God and Our Lord Jesus Christ, the true redeemer of the world, hi the year of Our Lord's Incarnation 821, in the fourteenth Indiction, I, Coenwulf, King of the Mercians, by the same God and Our Lord ordained King over these peoples and tribes, hi the twenty-fifth year of our rule. . . We hereby enjoin in the name of the Father, the Son and the Holy Ghost, that no man, inflated with pride, should violate them, nor any King seek entertainment for himself a Sic. :., p. 127.) Proofs and Illustrations 305 dicimus fcestingmen,1 nee eos qui accipitres portant, vel Part n. falcones, vel cabaUos ducunt sive canes, nee pcenam mittere super eos quoquomodo audeat. Nee princeps, nee graflio a, hanc lenitatem praefatam, in aficujus oneris molestiam mutare audeat, aut in diebus nostris vel successorum nostrorum. Si pro afiquo delicto accusatur homo Dei, ecclesiae iUse custos solus cum suo juramento, si audeat, iUum castiget. Sin autem ut recipiat aliam justitiam hujus vicissitudinis con ditioner!, praef atum delictum cum simplo precio componat. 2 Expeditionem cum xij Vasallis, et cum tantis scutis exerceant. service of twelve vassais L and twelve shields (or, in Antiquos pontes et arces renovent. Caeterum plena et integra ™ore modem language, 1 x x o twelve knight s fees) to Hbertate glorientur, maxime cum ipsi diebus dominicis vij. !j£berendered £rom the missas pro nobis saluberrimas offerant et armis spirituafibus ° > Metcia ° grStsd°oiiettnhidef J'set 1S an n^ ffi* hymeltune, sumum Cnihte pam is Wulf- iIwTtdo(wsrKx1i'gh0tfwuu- §eat noma, mid eaUum pingum ]>e pa?rto befimpao", freolice a^'aV^V^""^ hia dse§e forgeaf 7 seit(r his d^gei twsem yrfweardum 7 aft« 'which sthe sefter hiera forSsipe to haare halgan stowe into Wiogerna ceastre paem biscope to bryce. (Heming. pp. 151, 152. )2 two other lives, in sue. cession, same is to revert to, &c (13.) Archbishop Oswald, with Anno Dominica? incarnationis dcccclxxvii. Ego Os- the assent of King Edward and of Alfhere, Duke of wald, superni rectoris fultus iuvamine Archipresul, cum the Mercians, renews the grants of three hides of ficentia Edwardi Resris Anglorum, ac .Elfhere, Ducis land to his Thane, or ° " Minister, Eadric, to be held as a Lehn, Benefice, or Feud, for three lives, to two heirs only and after their deaths let it be restored to the church of God in Worcester. (A.D. 962.) (Heming's Chartulary, p. 145.) (12.) I, Oswold, by the grace of God Archbishop, with assent and leave of Edward, King of the English , and of .Elfhere, Duke of the Mercians, and of the community at Worcester, have bestowed on a knight named Wulfgeat, a portion of land, that is, a hide at Himbelton (Worees.) with all its appurtenances, freely for the term of his life, and after his day for two other lives, and after their departure, to the monastery at Worcester for the use of the bishop. (Heming's Chartulary, pp. 151, 152.) (13.) In the year of our Lord's incarnation 977. I, Oswald, Archbishop, supported by the aid of the ruler on high, with the permission of Edward, King of the English, and jElfheee Proofs and Illustrations 313 Merciorum, uni ministro meo fidelo, qui a gnosticis nota Part n. Eadric nuncupatur vocabulo, ob ejus fidele obsequium, quandam ruris particulam, iii videlicet mansas quod solito vocitatur nomine Tidingctun, cum omnibus ad se rite pertin- entibus liberaliter concessi, ut ipse, vita comite, fideliter perfruatur, et post vitae suae terminum, duobus quibus voluerit cleronomis derelinquat. Quibus etiam ex hac vita migratis, rus predictum, cum omnibus utensUibus, ad usum primatis ecclesiae Dei in Wiogorna ceastre restituatur immune, bonne is baes landes iii hida be Oswald arcebisceop bocaS Eadrice his begne, ge ner tune ge fyr, swa swa he hit aar hsefde to Ian lande mid baes heorodes gewitnesse on Wiogorna ceastre. (Heming. pp. 204, 205.)1 (14.) Alma et individua ubique inlocafiter regnante Trinitate, Archbishop Oswald, with x ° the assent of Ethelred, necne ^Ethelredo aUubescente ac favente, per aomni Emperor of Aiwon, and A Alfric, Comes of the parentis notum totius Albionis Basileo, ^xElfrici Mer- Mercians, grants Bishop's r ' Stoke to his Knight or ciorum Comite consentiente ; Ego Oswaldus largiflua, Dei s.°ldief. Ethelred, in con- 7 ° ° sideration of his service and vassalage, for three T\ i_ t> n/r *i e i x 7 x e 'xi x» 1 • • x c lives, as before mentioned. Duke of Mercia, have freely granted to a faithful minister of mine who by the skilled is caUed by the name of Eadric, for his faithful service, a certain parcel of land, to wit three hides, which is usuaUy caUed Teddington, with aU privileges that rightly appertain thereto, so that he, while he lives, might enjoy it in fealty, and after the end of his life bequeath the same to two heirs, whomsoever he wiU. And after they have departed this life, let the aforesaid land and its farm-stock be restored with aU its privueges to the use of the bishop of the church of God in Worcester. Now of this land there are three hides which archbishop Oswald conveys by charter to his thane Eadric, both nearer the homestead and farther from it, such as he formerly held on lease, with the cognisance of the community at Worcester. (Heming's Chartulary, pp. 204, 205.) (14.) WhUe the gracious and undivided Trinity reigns every where and in aU places, and with the indulgence and favour of xEthelred, by the decree of the Almighty Basileus of the whole of Albion, and with the assent of xEleric, Earl of the Mercians; I Oswald, by the bountiful mercy of God, Arch bishop, do hereby wUfingly grant a certain parcel of land, to a lege, omnipotentis nutum. b Sic. 314 Proofs and Illustrations Part ii. dementia archipresul, quandam ruriscufi partem, tres scificet mansas, in loco qui vocatur set bisceopes Stoce, libenti concedo animo, cum omnibus ad eum utilitatibus rite pertinentibus, cum consultu atque permissione vener abUis Weogernensivm familiae, Mihelredo meo videlicet Militi, pro ejus humifi subjectione atque famulatu, ut vita comite illo feliciter perfruatur absque ulfius refragatione, duobusque quibu.seumque dccrcvcrit, post metam proprii aevi, aclero nominis rclinquat, iinitoque Ulorum vita? curriculo, ad usum primatis in Weogorna ceastre redeat immunis ecclesiae. Anno a.d. 984. dominicaj incarnationis dcccclxxxiiu0 scripta est cartula ista, his testibus a'stipulantibus, quorum nomina infra caraxata ccrnuntur. (Heming. pp. 121, 122. )x (15.) £•?;. ".V r, , , x- ^ Anno Dominica' incarnationis dccccxci. Ego Dux Bnthnoth, Duke of East ° Anglia, being about to go Brihtnotus iturus contra paganos ad beUum, consentiente out to war against the " B ' Jandlo p.2urusls.allwiii Rege Athelredo, divisi omnes terras meas per ecclesias per whnichTeXq1xelths0toatihe Angliam, audiente Sirico, archiepiscopo; et optimatibus ni"esriteCtotChibsUwidow regis omnibusque id laudantibus et consentientibus. Ec- Aifleda is reserved. desise Salvatoris in civitate Dorobernice has terras contuli, wit, three hides, in a place which is caUed Bishop's Stoke, with aU the privileges which rightly appertain thereto, with the approval and permission of the venerable community at Worcester, to Mlhelred, to wit my Knight, in consideration of his humble dependence and vassalage, so that in his life he may enjoy it in all happiness, without chaUenge from any man, and after the goal of his own life may bequeath it to two heirs, whomsoever he shall decree ; and when the course of their lives shaU come to an end, let it revert with all its rights to the use of the bishop of the church at Worcester. This charter was written in the year of our Lord's Incarnation 984, with the consent of those witnesses whose names are seen affixed below. (Heming's Chartulary. pp. 121. 122.) (15.) In the year of Our Lord's Incarnation 991. I, Duke Rrylitnoth, being about to go to war against the heathen, have divided all my lands, with the consent of King xEtheleED, among the churches throughout England, in the hearing of Siric, the Archbishop, and with the approval and consent of all the King's optimates. The following lands, to wit Lolling, "¦ lege, cleronomis. Proofs and Illustrations 315 Lallinges, Illelege, et Hathlege, fiberas ab omni servitute part n. seculari, excepto communi labore expedicionis, pontis et arcis construccione. Haetlege tamen concessi Alflede uxori meae, tantum in diebus suis, postea redeat ad ecclesiam Xpi in eadem villa. (Bib. Lamb. no. 1212, f. 326.)1 (16.) Ego xEthelred totius Britannice BasUeus, quandam a.d. 999. teUuris particulam, xv videlicet cassatos, loco qui celebri Britain, 'grants ceme to „ 7 7 -r>. • t ^.7 . , tne Church of Abingdon. Mtceme nuncupatur vocabulo, Domino nostro Jesu Chnsto sanctaaque ejus ecclesia? beatae Dei genitricis Mariae, qui celebri Abbendona nuncupatur onomate, ad usus monachorum Dei inibi degentium, cum omnibus utensilibus, pratis vide licet, pascuis, aquarumque cursibus Uulfgaro obtinente abbate aeterna largitus sum hereditate. Sit autem praedictum rus omni terrenaa servitutis jugo fiberum, tribus exceptis, rata, videlicet expeditione, pontis arcisve restauratione. Est sane praefata Recital of the manner in terra Cyrne de Ufis viUufis quas pridem quidam Comes avoci- possessed of the land. x . im, . 7 t-,7/,7 ¦ 7... Earl Alfric forcibly dis- tamme Mlfric a quadam matrona Ealfled nomine diripuit, et seises the widow Earned, Mey and Hadleigh, I have bestowed on the Church of the Saviour in the town of Canterbury, free from aU secular duty, except the common task of nulitary service, and the budding of bridges and fortresses. However I have bestowed "Haetlege" on my wife Mlflced, but only during her lifetime; afterwards let it revert to tfie church of Christ in the same town. (Lambeth MS. no. 1212, f. 326.) (16.) I, Ethelred, Basileus of the whole of Britain, have pre sented in perpetuity a certain parcel of land, to wit fifteen households, in the place which is commonly caUed by the name Cerne (Charney), to our Lord Jesus Christ and to his holy church dedicated to the Blessed Mary, Mother of God, which is commonly caUed Abingdon, Wulfgar being now abbot, for the use of the monks of God who dwell there, with aU the advantages thereof, to wit meadow land, pasture land and water-courses. Moreover let the aforesaid land be free from every yoke of earthly service, with the exception of three, to wit sharing of mUitary service and the repairing of bridges and fortresses. Cyrne is indeed one of those small manors which in former times a certain Earl, whose name was Mlfric, had seized a Sic. 316 Proofs and Illustrations Part ii. sibi in propriam haereditatem usurpavit. Ac deinde temporum and then conspires against variantc vice, necne instigante humani generis perversissimo the King. He is outlawed , 7.77 x T-. t and banished by the temptatorc diabolo, contra Deum meumque regale lm- Witenagemot assembled at . . ... . i*tx ... Cirencester, and aii his penum multa et inaudita miserabihter committens piacula, possessions adjudged to . ._ . . . . the King. Episcoporum, Ducum ommumque hujus regni optimatum, At the prayer of the . , ,. •-,. • 7. • .-,, witan, Etheired restores unanimo lcgab consilio tequissimoque judicio, in viUa regia the land to Ealfled, to be . 7. ,, ,. .~. . . -.. ., held by her during the quae Anghca appellatione Girneceastre dicitur, ipso extra patriam in cxilium addicto, non solum iUae quas a praefata mulicrc abstraxit, sed ct caeterae omnes, quas jure possidebat hereditario, sibi ac omni sua: posteritati interdictae fuerunt, mihique in proprium jus habendi donandique firmiter et immobiliter sunt aternaliter deputatae. Ego quoque post ha>c cum consilio ct precatu optimatum meorum concessi, quatenus praefata vidua direpta sua resumeret ac vita comite possideret, quae humiliter suscipiens et rationabifiter fruens et in ultimo hujus labilis vitae termino, omnes mihi benevola mente in proprium jus restituit. Si autem tempore contigerit afiquo quempiam hominum afiquem UbeUum oh istarum apicum adnichilationem in palam producere, omni from a certain matron caUed Ealhflwd and took as his own property. And afterwards the Earl taking advantage of the change of the times and doubtless prompted by the devU, that perverse tempter of mankind, and having committed many vile and unheard-of deeds in his wickedness against God and my royal rule and being condemned to exile without the borders of the country by the unanimous and lawful approval and righteous verdict of the Bishops, Dukes and aU the optimates of this realm, in the royal township which is in English caUed Ciren cester, not only those lands which he seized from the aforesaid lady, but also aU the rest of the lands which he possessed by hereditary right were prohibited to him and aU his heirs and were assigned to me in my own right to hold and to grant firmly and unalterably for ever. 'Whereupon I also on the advice, and prayer of my optimates granted that the aforesaid widow should again resume the lands stolen from her and possess them during her lifetime, and she humbly accepting the same and reasonably enjoying the use thereof, restored all of them to me in my own right at the latter end of this fleeting life, with a mind deeply grateful to me. If however it shall come to pass at any time that any man openly pro duces any writing with intent impiously to annul these charters of ours, in the name of the Holy Trinity I utterly cut him off Witenagemot. Proofs and Illustrations 317 modo in nomine Sanctae Trinitatis ab omnibus Christianis Part n. interdico ; ita ut meum donum corroboratum sit cum signa- culo sanctae crucis, ut nee sibi nee afiis proficiat sed ain sempiterno graphio deleatur; denique vero si quis nostras dapsUitatis donum violari fraudulenter temptaverit, sciat se curses and imprecations c ..... -~ . , upon such as shall violate die ultima judicn coram Deo rationem redditurum, atque the grant. cum reprobis quibus dicitur, "Discedite a me, maledicti, in ignem aeternum," pcenis atrocibus se esse passurum, sine antea corporea lamentatione emendaverit. Praedicta siqui- dem teUus his terminis circumcincta clarescit. [Here follow tbe boundaries.] Acta est praefata donatio anno ab incarnatione Domini nostri Jesu Christi, dccccxcix, indictione xij, his testibus consentientibus, quorum inferius nomina karaxantur. Ego xEthelred, Rex Anglorum, hoc taumate agiae crucis confirmation by the roboravi. Ego Ealfric, Dorobemensis ecclesiae Archiepisco pus, ejusdem Regis benevolentiam subscripsi. Ego Ealdulf, Eboracensis ecclesiae Arcbipraesul, hilari vultu consensi. Ego Mlfheah, Praesul, sigiUum sanctae crucis impressi. Ego from the society of Christians; that my gift may be so con firmed with the sign of the holy cross, as not to profit him or any others, but let him be blotted out of the everlasting writing ; finally if any man should attempt to violate with fraud the gift of our bounty, let him know that on the last day of judgment he will render an account before God and that he wiU suffer grievous penalties with the rejected, to whom the words are spoken "Depart from me, ye cursed, into everlasting fire," unless he beforehand shaU have repented of his crime with lamentation of the body. The aforesaid land is surrounded by the following boundaries and is to be known therefrom. (Here foUow the boundaries.) The above-mentioned donation was made in the year of the incarnation of Our Lord Jesus Christ 999, in the twelfth indiction, with the consent of those witnesses whose names are written below. I, ./Ethelred, King of the English, have corroborated this with the sign of the holy cross. I, Mlfric, Archbishop of the Church of Canterbury, have subscribed the benevolence of this same King. I, Ealdwulf, Archbishop of the Church of York, have with joyful countenance given my assent thereto. I, * Sic. 318 Proofs and Illustrations Part ii. Uulfstan, Episcopus, corroboravi. Ego Mlfheah, Episcopus, consolidavi. Ego Mscuuig, Episcopus, confirmavi. Ego Athulf, Episcopus, depinxi. Ego Ordbriht, Episcopus, anno- tavi. Ego Goduuine, Episcopus, subscripsi. Ego Aihelstan, Episcopus, acquievi. Ego Uulfsie, Episcopus, consignavi. Ego Lyfingc, Episcopus, non renui. Ego Mlfuuold, Epi scopis, conclusi. Ego, Mlfthrida, mater ejusdem Regis, lautrix cxtiti. Ego .Ethelstan, fifius ejusdem Regis, non interdixi. Ego Mlfric, Dux. Ego Mlfhelm, Dux. Ego Leofsige, Dux . Ego Leofuuine, Dux. Ego Mlfuuerd, Abbas. Ego Uulfgar, Abbas, gaudens dictavi. Ego Mlfsige, Abbas. Ego Kenulf, Abbas. Ego Mlfsige, Abbas. Ego Mthelnodus, Abbas. Ego Mthelmcer, Minister. Ego Ordulf, Minister. Ego Brihtuuold, Minister. Ego Uulfheah, Minister. Ego Uulfgeat, Minister. Ego Mthelric, Minister. Ego Uulfric. Minister. (Bib. Cott. Claudius B vi, f. 91.)1 (17.) EthdrVdI2king of aii the Ego Ethelredus, Rex nationum totius gentis Brit- nations of the people of ^aMn^(E; pr0 adipiscenda ccelestis vitae praemia, cuidam Mlfheah, Bishop, have impressed thereon the seal of the holy cross. I, Wulfstan, Bishop, have corroborated it. I, Mlfheah, Bishop, have made it firm. I, Mscwig, Bishop, have con firmed it. I, Athulf, Bishop, have written my name thereon. I, Ordbriht, Bishop, have appended my sign. I, Godwine, Bishop, have written niy signature. I, Aihelstan, Bishop, have granted my consent. I, Wulfsige, Bishop, have joined in signing this. I, Lyfing, Bishop, have not withheld my consent. I, Mlf weald, Bishop, have joined in assenting there to. I, Mlfthryth, the mother of this same King, support it. I, Ethelstan, son of this same King, have not forbidden it. I, Mlfric, Duke. I, Mlfhelm, Duke. I, Leofsige, Duke. I, Leofwine, Duke. I, Mlfwerd, Abbot. I, Wulfgar, Abbot, have with joy assented. I, Mlfsige, Abbot. I, Kenulf, Ahbot. I, Mlfsige, Abbot. I. Mthelnoth, Abbot. I, Mthelmoer, Thane. I, Ordulf, Thane. I, Brihtwold, Thane. I, Wulfheah, Thane. I, Wulfgcat, Thane. I, Mthclric, Thane. I, Wulfric, Thane. (Cotton MS. Claudius B vi. f. 91.) (17.) I, Ethelred, King of the nations of the whole people of Britain, with a view to obtaining the reward of life in heaven, Proofs and Illustrations 319 devotissimo Dei famulo Goduuino, Hrofensis parrochiae part n. Episcopo michique oppidd familiariter ddecto, dono liberali Britain, grants stanton dextera xv mansas terrarum in vUla cet Stantun et cet Hiltun, ™S£aZ£*0 the Bishop cum omnibus appendiciis suis in pascuis et pratis, omni- Rre0ci^Lof his me t0 the busque quae hujusce villae sunt juris, ut possidens perhenniter possideat, et post se heredem cui sibi libuerit praeficiat, ea interposita ratione ut jugi deprecatione pro meae salutis integritate Dominum interpellando exoret. Erat autem eadem viUa cuidam matronae, nomine Mihelflcede, dereficta a viro suo, obeunte iUo, quae etiam habebat germanum quendam, vocabulo &Leofsinum, quem de satrapis nomine Leofsiue, or Leofsige, who t. ' ii had been advanced to the tuli ad celsions apicem dignitatis, dianum duxi promovere, dignity of a Duke by the x ° ° L King's grace and favour, ducem constituendo scilicet eum, unde humUiari magis treacherously murders ai- 0 fric, the King s High Gere- debuerat, sicut dicitur, "Principem te constituerunt, noli £¦ as a punishment for ' ' x ' his crime he is outlawed extolli"1 et caetera. Sed ipse hoc oblitus, cernens se in and banished together A witn his accomplices. His cuhnine majoris status bsub rogatu famulari sibi pestUentes htacouriSilnd^istenci5 spiritus promisit, superbiae scilicet et audaciae, quibus jj^ c°0nSe"ne ^"^1- nichUominus ipse se dedidit in tantum, ut flocci penderet perty- quin ofiensione multimoda me multoties graviter offenderet. with bountiful hand do bestow on Godwine, a most devoted servant of God, Bishop of the See of Rochester, dearly and intimately beloved by me, fifteen hides of land in the town ship of Stanton and Hilton with aU their appurtenances in pasture lands and meadow lands and aU that is of the right of this township, so that he may possess it for ever, and after him appoint heir thereto whomsoever he will, with this condition namely that by perpetual intercession and solicitation he may entreat God for the fulfilment of my salvation. Now this same manor once belonged to a certain matron by name Mihelflmd, having been bequeathed to her by her husband when he died; and she also had a brother, by name Leofsige, whom I raised from among the thanes by title to a pitch of loftier dignity, thinking him worthy of promotion, that is, by making him a duke, whereupon he ought to have shewn the greater humility, as it is said "They have appointed thee a Prince: be ye not lifted up," etc. But he forgetting this, and seeing himself on a pinnacle of a higher station in exchange for that of a servant, did produce for himself certain pestUent spirits, to wit of pride and audacity, to which he none the less delivered himself up, to such an extent that he thought it a light matter that he should time and again seriously offend me a lege, Leofsiwum. b Sic. 320 Proofs and Illustrations Part ii. Nam praefectum meum Mficum, quem Primatem inter primates meos taxavi, non cunctatus in propria domo ejus eo inscio perimerc, quod nefarium et peregrinum opus est apud Christianos et Gentiles. Peracto itaque scelere ab eo, inii consilium cum sapientibus regni mei, petens ut quid fieri placuissct de illo decernerent, placuitque in commune nobis eum cxulare et extorrem a nobis fieri cum complicibus suisa. Statuimus etiam inviolatum fcedus inter nos, quod qui praesumpsisset infringere, exhereditari se sciret omnibus habitis, hoc est, ut nemo nostrum aliquid humanitatis vel commoditatis ei sumministraret. Hanc optionis electionem posthabitam nichili habuit soror ejus Mthelflced, omnia quae possibilitatis ejus erant, et utilitatis fratris omnibus exercitiis studuit explere, et hac de causa aliarumque quam plurimarum exheredem se fecit omnibus. Sit ergo praedicta with offence of many a kind. For he did not hesitate to slay unawares, even in his own house, my praefect Mfic, whom I valued as highest among my high-reeves, a deed which is held to be wicked and foreign both among Christians and Gentiles. And so since this evU deed had been committed by him, I took counsel with the wdse men of my realm, asking them to decree what should be done to him, and it was unanimously decided by us that he should be exUed and banished from amongst us with his accomplices. We also did enact an inviolable agreement amongst ourselves (and he who shall presume to break this treaty shaU eome to the knowledge that he is declared forfeit of aU his possessions), which was that none of us should do him any service of human kindness or help. This deliberate decision his sister Mthelflced ignored and held of no account, and strove by ever)- effort to accomplish everything in her power which could advantage her brother; and for this and very many other reasons she forfeited a This event took place in 1002. Dux Leofsius (Sax. Chron. p. 175, Leofsige) nobilem virum Eafic, sumnium regis prav positum, occidit, unde Rex ira suceensus patria ilium expulit (Flor. Wigorn.). [Duke Leofsius (AS. Chronicle, p. 175, Leof sige) killed a noble earl Eafic, the King's high-reeve, where upon the King, moved to great anger, did banish him from the land. | In the Saxon Chronicle Mfic- is caUed the King's " II cab -gerefa." It will be recollected, that Leofsige appears in another of Ethelred's charters (see above, pp. 177 — 179). Burghs. Proofs and Illustrations 321 donatio ab omni amundiali servitio immunis, excepto quod Part n. omnibus est generale terris, pontis videlicet vel arcis recu- peratione et expeditione. . . . Anno ab incarnatione Domini MiUesimo xii. indictione x. caraxatum est hoc polipticum et signaculo crucis insignitum, his testibus magnifice firmiterque adamantino stilo firmanti- bus. Ego .ZEthelredtjs Rex Anglorum praefatam terram, pro amore Dei ejusque genitricis et perpetuae Virginis Mariae, Godwino episcopo cum vivificae crucis vexiUo impressam libens concessi. Ego Mlfgyfu, Regina, domini mei Regis dono arrisi. Ego Wulfstan, Archiepiscopus, cum coepiscopis nostris et fifiis Regis, et abbatibus et ducibus et militibus, quorum nomina inserta sunt corroboravi. Ego Eadnoth, confirmation by the Mem- x ° bers of the Witenagemot, Episcopus. Ego Athulf, Episcopus. Ego Mihelwoldus, Epis- am.on|f whoma5eSyfceh1fehf copus. Ego Mlfgar, Episcopus. Ego Godwinus, Episcopus. J13"" of the Danish Ego Mihelsie, Episcopus. Ego Brihtwoldus, Episcopus. Ego Leuing, Episcopus. Ego Mlfhun, Episcopus. Ego Mlmar, Episcopus. Ego Wulfgar, Abbas. Ego Mlfsi, Abbas. Ego Brihtmcer, Abbas. Ego Mlfwi, Abbas. Ego Mlfsi, Abbas. Ego Eadric, Abbas. Ego Brihstan, Abbas. everything. Let therefore the aforesaid gift be free from all earthly service, except that which is common to all lands, to wit the repairing of bridge or fortress and military service.. . . In the year after Our Lord's Incarnation 1012, in the tenth Indiction, this deed was written and signed with the sign of the cross, whUe the foUowing witnesses nobly and firmly with adamantine pen attested it : — I, Ethelred, King of the English, for the love of God and Mary his mother and ever Virgin, have wiUingly granted to Bishop Godwin the aforesaid land, impressed with the banner of the life-giving cross. I, Mlfgyfu, Queen, have approved of the gift of my Lord, the King. I, Wulfstan, Archbishop, with our fellow Bishops and with the King's Sons, and Abbots and Dukes and Knights, whose names are appended, have corroborated the gift. I, Eadnoth, Bishop. I, Athulf, Bishop. I, Mthelwold, Bishop. I, Mlfgar, Bishop. I, Godwin, Bishop. I, Mihelsie, Bishop. I, Brihtwold, Bishop. I, Lyuing, Bishop. I, Mlfhun, Bishop. I, Mlmar, Bishop. I, Wulfgar, Abbot. I, Mlfsi, Abbot. I, Brihtmcer, Abbot. I, Mlfwi, Abbot. I, Mlfsi, Abbot. I, Eadric, Abbot. I, Brihstan, a Sic. p. vn. 21 322 Proofs and Illustrations Part n. Ego Eadmcer, Abbas. Ego Oscytel, Abbas. Ego Eadric, Dux. Ego Uhtred, Dux. Ego Leofwine, Dux. Ego Mlfric, Dux. Ego Mthelmoer, MUes. Ego Syferth, MUes. Ego Mthelweard, MUes. Ego Godwine, MUes. Ego, Morcar, MUes. Ego Mlfgar, MUes. Ego Wada, MUes. Ego Ulf- kytel, Miles. Ego Thurkytel, Miles. Ego Mthelwine, MUes. Ego Mthelwold, MUes. Ego Mlfmar, MUes. (Textus Roffensis, pp. 136, 137, 138.)1 Abbot. I, Eadmcer, Abbot. I, Oscytel, Abbot. I, Eadric, Duke. I, Uhtred, Duke. I, Leofwine, Duke. I, Mlfric, Duke. I, Mthelmoer, Knight. I, Syferth, Knight. I, Mthelweard, Knight. I, Godwin, Knight. I, Morcar,' Knight. I, Mlfgar, Knight. I, Wada, Knight. I, Ulfkytel, Knight. I, Thurkytel, Knight. I, Mthelwine, Knight. I, Mthelwold, Knight. I, Mlfmar, Knight. (Rochester Text, pp. 136, 137, 138.)] (18.) Translation of a charter "it is witnessed in this writing, how King Canute by which Canute restores ° ° certain lands to Christ's gave up to Christ's Church, at Canterbury, that land at Church, Canterbury. 6 r ' J ' Folkstone, when Eadsi his priest turned monk there, upon this condition, that Eadsi the monk shaU have it during all his lifetime. But he may neither give it nor seU it, nor lose it by default, nor forfeit it2, so as to defeat the right of the convent. And after his days are ended, let the land go to the ministers who serve God in Christ's Church." "Canute so settled the land," the charter then states, "because his Witan informed him that the land had belonged to Christ's Church in the days of King Athel stane and Archbishop Odo, and had since been tortiously usurped." "This was done at Kingston, in Surrey, on the Holy Day of Pentecost, and the foUowing are the witnesses thereof: xElkgivuImma, the Lady. Archbishop Mgelnoth. Mlfuine, Bishop of London. Mlfsi, Bishop of Winchester. Mgelrie, Bishop of Susscr . Mlmar, Abbot of <$/. Augustine's. Wulnoth, Abbot of Westminster. Mlfwine, Abbot of New- minster, and Wulfsi, Abbot of Chertsey. Earl Ulf— Earl Eglaf—E&ti Lyftcinc—'Eavl Harold— Earl Trie. Thored, the Stallcr. Agamand. Osgod Clapa. Tosig. Mgeluine, the sou of Mlfhelm. Si ward- of Ohilham. Mgilric Bigga. Mlfward, tho Kentish Man, and Eadmer of Burham. And Proofs and Illustrations 323 all the King's CounseUors, Clerks, and Laymen, who were Part n. there assembled a. And of these writings there are three. One is kept in Christ's Church, another in the Abbey of St. Augustine, and the third is in the King's 'Halydome,' i.e. amongst the relics in his chapel." (Lambeth MS. no. 1212, f. 408.)1 (19.) Ego Lyfing, superni Rectoris fultus juvamine, in Wiogorna Lyvyngus, Bishop of . ._ tj-tt -i-.. Worcester, with the con- civitate ecclesiae praesul , cum hcentia Heardecnuti, Regis, sent of King Hardicanute, . ° and Leofric, Duke or Earl ac LEOFRICI, Ducis Merciorum, meo fideli homini qui of the Mercians, grants Elmley to his true man, a gnosticis noto Aegelric nuncupatur vocabulo ob ejus fidele -fcgeiric, for three lives. obsequium quandam ruris particulam, Duas videlicet mansas in loco quem illius terrae solicolae Elmlceh vocitant, libenti concedo animo, cum omnibus ad se rite pertinentibus ut ipse vita comite fideliter perfruatur. Et post vitae suae terminum (19.) [I, Lyfing, supported by the help of the Divine Ruler above, Head of the Church in the city of Worcester, with the consent of King Hardicanute and LEOFRIC, Duke of Mercia, do hereby grant with willing mind, to my faithful man who is called by the skiUed by the well-known name of Aegelric, for his faithful service, a certain parcel of land, to wit two hides in the place which the inhabitants of this land caU Elmley, with all the privUeges that rightly appertain thereto, so that during his life he may faithfuUy enjoy it. And after the end of his life he may bequeath it to two heirs whomsoever he will. a "EaUe Sees kyninges raedgyfan gehadode and larwede 5e >ser gesamnode wseron." [AU the king's CounseUors, clerks and laymen, who were there assembled.] I may here remark, that an ancient register of Canterbury cathedral contains many inedited documents of great interest and value. By another charter (Somner's Gavelkind, p. 213)2, Eadsi, styled the priest of Canute, King, and of Elgiva, the Lady, settled many other large possessions upon the Church of Canterbury, " and thereof are witnesses— the King and the Queen, Archbishop Mthelnoth, and Mlfstan, the Abbot, and Brihtric, ' geonga,' or the young, and Mihelric, the Husbandman, and Thorth, Thurkill's nephew, and Tofi, and Mlfwine, the priest, and all the King's raedes- men." 21—2 324 Proofs and Illustrations Part II. duobus quibus voluerit cleronomis derefinquat. Quibus etiam ex vita migratis, rus praedictum ad usum primatis ecclesia' in Wiogorna civitate restituatur immune. Sit autem praedicta terra libera ab omni seculari negotio, tribus exceptis, id est cxpeditione, pontis arcisve edificatione. confirmation by the Ego Heardecnut, Rex, pradatam donationem concessi. Ego Aelfric, Archiepiscopus, cum charactere sanctae crucis consignavi. Kgo Eatsie, Archiepiscopus, confirmavi. Ego Lyfing, Episcopus, dignum duxi. Ego Aethestan, Episcopus, addesco. Ego Duduc, Episcopus, adnuo. Ego Aelfweard, Episcopus. Ego GOD WINE, Dux. Ego LEOFRIC, Dux. Ego HARALD, Dux. Ego God wine, Abb. Ego Aelfric, Abb. Ego Aelfwine, Abb. Ego Aethelwine, Sacerd. Ego Eatstan, Sacerd. Ego Wulfwi, Sacerd. Ego Wulfweard, Sacerd. Ego Wilstan, Sacerd. Ego Wulfstan, Sacerd. Ego Leofwine, Diacon. Ego Eadwi, Diacon. Ego Odda, Miles. Ego Bryhtric, Miles. Ego Aelfric, MUes. Ego Bryhtric, Miles. Ego Bryhlicine, Min. Ego Leofric, Min. Ego Aeihd- ric, Min. Ego Dodda, Min. Ego Atsere, Min. Ego Aelewi, Min. Ego Eadwi, Min. Ego Thuri, Min. Ego Wigod, Min. Ego Godric, Min. (Smith's Bede, App. p. 780.) 1 And when they have departed this life, let the aforesaid land be restored intact to the use of the Bishop of the Church in the township of Worcester. Moreover let the aforesaid land he free from all secular duty, with the exception of three, to wit military service and bridge and fortress budding I, Hardicanute, King, have consented to the aforesaid donation. I, Mlfric, xArchbishop, have signed it with the mark of the holy cross. I, Eadsigc, Archbishop, have confirmed it. I, Lyfing, Bishop, have thought it worthy. I, MthelsUm, Bishop, add my signature thereto. I, Duduc, Bishop, assent. I, Mlfward, Bishop. I, GODWIN. Duke. I, LEOFRIC, Duke. I, HARALD, Duke. I, Godwin, Abbot. I, Mlfric, Abbot. I, Mlfwinc, Abbot. I, Mthelwine, Priest. I, Eatstan, Priest. I, Wulfwia. Priest. I, Wulfweard, Priest, I, Wilstan, Priest. I, Wulfstan, Priest. I, Leofwine, Deacon. I, Eadwig, Deacon. I, Odda, Knight. I. Bryhtric, Knight. I, Mlfric, Knight. T, Bryhtric, Knight. 1, Bryhtwine, Thane. I, Leofric, Thane. I, .Klhelric, Thane. I. Dodda, Thane. I, Atser, Thane. I, .Klewi, Thane. 1, Had wig. Thane. I, Thuri, Thane. I, Wigod, Thane. I, Godric, Thane. 1 Proofs and Illustrations 325 Part II. SYMBOLS OF INVESTITURE. In supposing that there was originaUy a consistent Application of symbols. system of symbols, by which land was transferred, we must bear in mind that these tokens would apply to the relative estate of the parties to the transaction. In Scotland, the vassal who alienates his feud, gives seisin to the grantee, by the delivery of earth and stone, — he transfers all the possession which he has. But when he resigns that same feud into the hands of his superior, the tradition of the usufruct is made "per fustem et baculum" [by delivery of Examples of seisin given wand and stick]. A remarkable instance of seisin given by by symbols- symbols is found in the fife of St. Birlanda1. The unkind, delicate and fastidious maiden refused to consort with her leprous father. Oidelardus revenged himself by disinheriting the undutiful child, and transferred aU his domains, with aU the vUleins thereupon, to St. Gertrude, by placing all the symbols of property upon her shrine,- — a turf, a twig, and a knife, — indicating that aU his estate was alienated to the monastery a. When TassUo submitted to Charlemagne, and renewed his vassalage, he surrendered his dominions by delivering a staff, at the head whereof was the image of a Man — perhaps an ancient idolb. Amongst the Danes, according to Kofod Ancher, the learned commentator upon the laws of that nation, the ceremony caUed "Skjodning," was indispensable to the transfer of property. A turf or clod was cast or "shot" by the Grantor into the cloak or hood of the Grantee. This act could only take place in full court, or in some assembly of equivalent publicity. Proof that the earth had been duly dehvered, was proof of the title to the land0. The knife, a Acta Sanct. Februarii I. p. 379. This transaction took place in the reign of Dagobert. The annotator remarks, that in many Beigic districts, the distinction which I have noticed (Part I., p. 114) was strictly observed. The soil was transferred by the delivery of the turf ; the usufruct, or qualified estate, by the staff. b Annales Nazariani, ad annum 787, RecueU des Historiens, V. p. 12. c Ancher's History of the Danish Law, II. p. 415. 326 Proofs and Illustrations Part ii. or rather a dagger, occurs not unfrequently in the con tinental grants a, — and the "smaU sUver sword," as it is called, by which Gillespie Moir received investiture from Culen, the Scoto-Pictish King (A.D. 965), is a weapon of this description b. The actual delivery of the symbols is rarely noticed in terms in the Anglo-Saxon "land-bocs"; but I may remark, that no argument whatever can be drawn from their silence. Livery of seisin is never mentioned in the early feoffments at Common Lawc, though the charter would have been whoUy inefficacious, if the ceremony had not been duly performed. » Du Cange, III. p. 1523 1 b Archaeologia. XI. p. 46. c In comparatively recent times, it became the practice to endorse a memorandum of livery of seisin on the deed. SUMMARIES OF ANGLO-SAXON HISTORY. Partn. The foUowing Summaries1 are intended to display the Difficulty of understanding succession of the Rulers who governed the several states less the student gains a composing Anglo-Saxon Britain ; together with an indication cession of each state. of the principal events connected with their progress or decay, their subjection or supremacy; and I hope these Tables will not be without their use, in enabling the reader to gain a clearer idea of the general course of Anglo-Saxon history, than can be obtained when the whole is blended into one narrative. From the complicated involution of the affairs relating to the different Kingdoms, it would be tedious to write complete histories of each state down to the time of the Norman Conquest ; for as they were almost always engaged in warfare with each other, every battle would become a twice told tale. Yet the streams, if I may use the expression, continue, in great measure, distinct to the last ; and it is very important that such their distinct and separate existence should be clearly understood and comprehended. One of the most important of the objects to be answered by these chronological abstracts is that, which, from the want of materials, can only be accomplished in the most imperfect manner. I mean, the display of the succession of the Subreguli, Ealdormen, Dukes, "Comites," and other Vassal-princes by whom the minor states of the Island were ruled. Of the very numerous Homagers included in this class, Few of the names of the and who composed the Witenagemot, or Great Council in and1 oaSer 'dependants, or 7 T7-. , . . , . , Vassal Princes, preserved each rungdom, scarcely any notices are preserved m the by the chroniclers. Chroniclers. The pious and powerful branch of the Royal R^ersSorClubrCeguii>of the House of Mercia, who governed the state of the "Hwiccas" rneifXrters. can only be traced hf their Charters and Donations; and' if one of them, "Ethelmund," is noticed in our annals, it is only the accidental mention of an obscure conflict which [327] 328 Proofs and Illustrations Part ii. has placed him in the page of history. And I believe that the great part of my readers wiU, for the first time in their lives, become acquainted with the existence of a state which must have been quite as important in Britain as the Kingdoms, equally dependent, of Essex and of East Anglia, so familiarly known as portions of the mis-caUed "Saxon Heptarchy." When Mr. Petrie's invaluable coUection shaU have appeared1, I do not doubt but that it wiU afford the most ample means for completing a task, which has cost much labour, however unsatisfactory the result, as here presented, may be. 1 trust, however, that this labour has not been Ul bestowed. Our opinions concerning the Anglo-Saxon Legis lature are extremely cloudy and indistinct, in consequence of the difficulty which we feel when we attempt to identify and localize the parties. They come like shadows and depart as shadows ; and though the Charter may put us in fuU possession of the roU of the Witenagemot, it does not convey any intelligible idea of the nature of the Senate. All we know is, that the King wore his crown in the midst of a crowd of Chieftains, as strange to us as the sons of Odin; but their uncouth names will not in the slightest degree enable us to estimate the influence which they may have possessed, or to appreciate the power of the Sovereign by whom they were convened. But if we can locate any of the Members on the map, or discover their ancestry, or point out the possessions of which they were seized, we can then realize the "Meeting of Sages" ; and the rank and station of those who can be identified, must be aUowed to vouch for the rank and station of their compeers, who enjoyed the same rights, and sat in the same assembly. By collecting, therefore, the fasti of the different minor states, and by bringing together the names of their rulers, we are enabled to elucidate the composition of the Supreme Councils of the Anglo-Saxons at different and distant periods, not from theory, but from strict evidence of the classes and orders of which they were composed. corruptions and altera- The Annals of Strath-Clyde and Cumbria and the Scots have compelled nic to enter slightly upon the verge of Celtic history. Amongst the many causes which entangle all inquiries concerning that ancient people, the great uncertainty of the orthography of their proper names is not tions of proper names. Proofs and Illustrations 329 the least. This source of difficulty has been extremely Part n. aggravated by the errors of transcribers ; and the monkish writers, in seeking to euphonize and ennoble the denomina tions of their heroes, have given them still greater distortion. The name of "Eochaa," when standing alone and without any affix, is found in nine several forms, — Eocha, Eachach, Ethach, Eochuid, Eoghuid, Eokal, Ethasi, Achajus and Achilaus. Eochoidh-Rinnemhail, or Eochol-habens-curvum- nasum, runs the changes through Heoghed-rinavel, Hecged- ronaval, Echdach, Echadach, Eoghed, and ultimately settles in the weU sounding Eugenius ; and Gairig becomes Girg, Girig and Greg, which last sorry monosyUable expands into Gregorius Magnus. It may be remarked that, though much less fluctuating than the Celtic, the Anglo-Saxon names have been varied by the different dialects of the language. Oedilberct, — Oidiluald, — Aelbfled, in the rude Northern speech of Bede, are softened by Alfred into Mthelbyrht, Mthelwold and Alfied. According to the idioms of different shires, the names of Beortnoih, Beornoth, or Bryhtnoth — Mthestan or Mihelstan — Athelwulf, Athulf or Adulf, applied to the same individuals, and usuaUy considered as various readings or corruptions of the Anglo-Saxon manuscripts, should be valued as elucidations of the different idioms that have prevaUed. And therefore there is great reason to doubt, whether any modern critic, however great his knowledge may be, can form a good Anglo-Saxon text, by inserting a word from one manuscript and altering the turn of a phrase upon the authority of another; for this process must inevitably produce a medley of the dialects of different periods and of different districts, which would have sounded as uncouth to the Anglo-Saxon ear, as the introduction, e.g. of the Scottish of Gawin Douglas into the verses of Dryden's VirgU. British names written by a Sassenach, or English names by a Briton, are reciprocaUy deformed by the pronunciation and by the orthography of the respective nations. The Britons, for example, generally add or substitute g or gu to or for the letter w. Thus, by the Cumbrian genealogist (appended to Nennius), Uffa, or Wuffa, the founder of the East Anglian dynasty, is converted into Gweccha. a Innes, 133. 330 Proofs and Illustrations Part ii. In all cases we are constantly liable to be led astray by the mistakes arising from the confusion of letters bearing the same form in ancient MSS., such as n and u; c and t, &c. Some of these corruptions have become so inveterately fixed in English history, that we hardly know how to remove them ; and we almost feel some scruples in expelling Anlaf the Dane, in order to make room for A#laf or Olave. These circumstances must be carefuUy kept in mind; as we may otherwise suppose that authorities contradict each other, though, in fact, they agree Thus Alfred's genealogies1 represent Cu.thi.rin as the son of Celm. not of Ceawlin. But Bede (ii. 5), informs us, that Ceawlin was also caUed Ccelin, and the error of the transcriber, who united the syUable "in" into the letter "m," has produced another name. A correction of a similar nature establishes the authen ticity of the record, testifying the submission of the Welsh Princes to the jurisdiction of the Anglo-Saxon Crown a. Another example may be given, of the hght derived from these corrections : Lambard and WUkins have pubhshed a Compact, of which they translate the first paragraph in the following manner: "Hoc est consilium quod Anglicaa nationis sapientes, et Walliae Consiliarii inter Montkdas constituerunt." [This is the decision which the wise men of the English nation and the CounseUors of Wales have determined upon between the dwellers in the mountains.]'- As, in the course of this document, a River is noticed as the boundary between the two nations, their local situation cannot be easUy reconciled with the title of the instrument; but by reading "Denisetan" instead of "'Deimsetan," all difficulties disappear, and we find that it is a treaty between the British and English Inhabitants of Devon, and which establishes the very important fact, that the Britons still existed as a people, unmingled with their conquerors. a See below. Summary of the History of Edward the Elder, pp. 362 it. Proofs and Illustrations 331 Part II. WESSEX. WESSEX. OLD SAXONS AND JUTES. (JEIIa, King of Sussex, was acknowledged as Bretwaldaa, from 477 to 514, or thereabouts, and, therefore, during this period, Wessex must be considered as being under his supremacy. (Bede, ii. 5.) UU1 CERDIC and CYNRIC, his son, "Ealdormen," or cerdic and Cr/Vn/u. Leaders of the "Old Saxons," land at the place afterwards called Cerdic's ore. 501 Port, Bieda, and Mcegla land at Llongborth : slay Geraint, the son of Erbin, Prince or Ruler of "Dyvnaint." 508 CERDIG and CYNRIC attack the Britons under Nazanleod, whom they slay, together with 5000 of his foUowers. - 514 Stuf and Wihtgar, nephews of CERDIC, land. 519 CERDIC and CYNRIC defeat the Britons at Cerdic's cerdic and L YNKIL. ford, and assume the government of the districts which they had conquered. 527 CERDIC and CYNRIC defeat the Britons at Cerdic's lea. 530 Isle of Wight taken, and given to STUF and WIHTGAR. 534 CERDIC ob. — CYNRIC succeeds to aU his dominions cynric. — Wight continues as a subordinate kingdom. 552 Sarum taken from the Britons. 556 Battle of Beranbyrig — Britons defeated by CYNRIC and CEAWLIN, bis son. 560 CEAWLIN2, son of CYNRIC, succeeds on the death ceawlin. of his father. a In this summary, the name of the Bretwalda, or other paramount Sovereign, is printed in Black Letter, and in the margin opposite to that which contains the names of the vassal kings or princes; the latter are in Italic Capitals. Eor those who are independent, but who did not enjoy any Imperial supremacy, Roman Capitals are used. 332 Proofs and Illustrations Part II. 56S WESSEX. Ccatolin. 571577 584589 CE A WLIN. CEOL, or CEOLRIC 591 CEOLWULF. 597 CEOLWULF. 607 CYNEGILS and C WW HELM. 611 614 ETHELBERT of Kent claims the supremacy of Britain — invades Wessex, but is defeated by CEAW LIN and CUTHWULF, his brother, also called CUT fl WIN or CUTHA. About this time ©eatolin attains the dignity of Bretwalda. Bedford, Lenbury, Bensington, Aylesbury and Eynsham, taken from the Britons by CUTHWIN and CUTH- WULF. Gloucester, Cirencester and Bath, taken from the Britons by CEAWLIN and CUTHWULF. Many towns are taken from the Britons, but CUTH WULF is slain. CEOL or CEOLRIC, son of CUTHWULF, receives a dependent kingdom ; perhaps some of the terri tories which his father had conquered. ©thcluctt of Kent becomes Bretwalda about this ^ time, which authority he retains tiU his death, 616. (Bede, in. 5.) CEOL, or CEOLRIC, aided by the Britons, and, as it is said, by the Scots, rises against his uncle CEAWLIN, defeats him at Wodnesburgh, and expels him from the kingdom. (WUl. Malm. Flor. Wigorn. Fordun, in. 29.) CEOLWULF, or CEOLF son of CUTHWULF, succeeds on the death of his brother. CEOLRIC — engaged in continued warfare with the English — the Britons — the Picts and Scots. CEOLWULF defeats the South Saxons. CYNEGILS and CW WHELM*, succeed— reign jointly. (Will. Malm.) Battle of Bcandune— Britons defeated by CYNEGILS and CWICHEI.M*. ,ett|ti< tat. a According to Malmesbury, Cynegils and Cwiehelm were the sons of (Vol, or Ccolric. Florence and the Chronicle represent Cieichelm as the son of Cynegils. " ilcotoa.0, of Kast Anglia, became Bretwalda after Ethelbert, but whether immediately upon the death of the latter, in 616, or at some other period, is uncertain. Proofs and Illustrations 333 626 Five Kings of the West Saxons killed in battle with part n. (Bfctofo, (617—633) Bretwalda. (Bede, ii. 9.) wessex. 628 PENDA, King of Mercia, or South-humbria, invades £J^'|is/wand Wessex. , 635 ©gfoallJ, King of Northumbria (whose sister was married to CWICHELM), becomes Bretwaldaa, (635, 642) — Wessex subject to his empire. Bishopric of Dorchester (Oxon) founded by the assent of CWICHELM. 638 CWICHELM dies— succeeded by CUTHRED, his son, cynegils aione. who, like his father, has the title of King, probably of some appanage, or dependant principality. 643 CENWEALH (son of CYNEGILS), succeeds on the cenwealh. death of his father — marries the sister of PENDA of Mercia, whom he afterwards repudiates, ©gtoto, Bretwalda, 642, 670. Wessex subject to his Empire. (Bede.) PENDA 645 CENWEALH expeUed by PENDA. cenwealh r J expelled. 648 CENWEALH, by the help of CUTHRED, son oi cenwealh CWICHELM, recovers his kingdom, and in return for this assistance, he makes a donation to CUTH RED, of 3000 hides, or townships, near Aescesdune* ', or, as it is otherwise expressed, of one third part of his kingdom. (WiU. Malm. H. Hunt.) 652) Britons of the West rise against CENWEALH, and 658/ endeavour to regain their ancient freedom. They are defeated at Bradanford on the Avon, and again at " Peonnum," and are driven as far as the river Pedrida. 660 Bishopric of Winchester founded. 661 CUTHRED dies : his portion of the kingdom prob ably reverts to CENWEALH— Death of CEN- BYRHT, a subregulus of Wessex0, being the grandson of Ceawlin, and the father of CeadwaUa. a ©Sfoalo ob. 642. b Which Carte supposes to have been North of the Thames. c In the Saxon Chronicle he is called Cenbyrht Cyning ; by Florence he is styled "Subregulus." 334 Proofs and Illustrations Part II. WESSEX. CENWEALH. SEAXBURGHA. 672 Interregnum. ESC WIN. CENTWIN. 674 675676681 661 Isle of Wight and "Meanwara Maigth,"1 in Hampshire, conquered by WULFHERE, of Mercia, and given to ETHELWALCH, or ATHELWOLD, King of the South Saxons. CENWEALH dies : SEAXBURGHA, his queen, suc ceeds in pursuance of the nomination of her husband, and governs for about a year. According to Bede, the reign of Seaxburgha was followed by an Interregnum, during which the subreguli, or Ealdormen, divided the kingdom, and held it for about ten years. (Bede.) ESC WIN, great grandson of Ceolwulf, acquires part of Wessex a. ESCWIN defeated by WULFHERE, of Mercia. CENTWIN, the son of Cynegils, succeeds" on the death of ESCWIN. CENTWIN defeats the Britons, and "drives" them to the sea, — Men of Gwent rebel against him, but are defeated and rendered tributary0. (Will. Malm.de Vita Aldhelmi.) a This period of the history of Wessex is remarkably obscure. Malmesbury, who states the succession of Escwin, attempts to reconcUe his authorities to Bede. b Perhaps he now took the whole by survivorship, as he seems to have reigned jointly with Escwin. 0 Post biennium Brittanos prosecutus est CENT WINE Rex de finibus eorum usque ad mare. — (Ethelwerd, ii. 9.) 681 — Britones qui olim totam terram, quam nunc Angfiam vocant, possidebant tunc Anglis famulabantur. . .quorum illi, qui North- waloes, id est Aquilonares Britones. dicebantur, parti West Saxonum Regum obvenerant. Illi, quondam consuetis servitiis seduli, diu nihil asperum retulere : sed tunc rebelhonem meditantes, Kent- uuin-us Rex tam anxia canle perdonmit, ut nihU ulterius sperarent. (Will. Malm, dc Vita Aldhelmi, p. 14.) [Two years later King CENTWINE drove the Britons from their territories to the sea. (Ethelwerd's Chronicle, ii. 9.) 681. Tho Britons, who once upon a time possessed the whole land, which they now call England, were then in servitude to the English. . . and of these those who were called Northwalas, that is to say Northern Britons, fell to the lot of the Kings of the West Saxons. Assiduous in the past at their accustomed tasks, Proofs and Illustrations 335 685) Death of CENTWIN.— CEADWALLA the son of Part n. 686 J Cenbyrht " of the royal race of the Gewissi," strives wessex. to acquire the kingdom of Wessex, and succeeds, ceadwalla. having conquered or expeUed the subreguli a. 686 CEADWALLA conquers Kent, Sussex, and the Isle of Wight. 688 CEADWALLA resigns his throne, and retires to Rome, where he dies (689). 689 INA the son of Cenredb succeeds to the kingdom1, but ina. rather by merit than by hereditary right — reigns 37 years. 692 WIHTRED and the men of Kent submit to INA. 710 INA, and Nunna his kinsman, engaged in battle with the Britons of the West, under Gerent, or Gerontius. 711 Bishopric of Selsea re-founded, and taken from Winchester, in which diocese Sussex was included, whence it appears that the country bad been subjected to the supremacy of Wessex. 715 Battle between INA and CEOLRED of Mercia at " Wodnesbeorh." 721 Cynewulf the Atheling slain. 722 Invasion of Sussex by INA, in the 32d year of his reign. Queen Ethelburgha besieged Taunton, which had been built by INA, and Ealdberht was driven from Wessex into Surrey. (Flor. Wigorn.) 725 War with the South Saxons — Ealdberht the Etheling slain. This Ealdberht may have been a competitor for the throne. they for a long time offered no violence in return ; but then having contemplated rebellion, King C entwine subdued them with such distressing slaughter as to put an end to all their hopes. (WUliam of Malmesbury, Life of St. Aldhelm, p. 14.)] a Thus Bede, iv. 12, and Sax. Chron. — Flor. Wigorn. states, that he succeeded on the death of Centwine. Before he became King of Wessex, he was engaged in war with Ethelwalch, King of the South Saxons, whom he slew, but he himsefi was immediately afterwards expeUed by "Berthun" and " Athelhun." (See Sussex.) The Britons claim him as a Briton, see Part I., pp. 339, 340. " For the difficulties attending tfie elucidation of his pedigree, see Part I., pp. 339, 340. 336 Proofs and Illustrations Part II. 726 INA resigns his throne a in favour of ETHELRED, or wessex ETHELHEARD, of the race of Cerdic, and brother- ethelheard. in-law of Inn, being the brother of his Queen — (WiU. Malm. Ant. Glast. p. 312) who succeeds accordingly by his nomination b. Osioald the Atheling, also of a Relicto imperio, ac Eihelheardo, de prosapia Cerdici Regis commendato. (Elor. Wigorn.) [When the throne had been resigned and Ethelheard, of the race of King Cerdic, had been nominated. (Florence of Worcester.)] b Ethelheard already enjoyed the title of a subregulus : — Ego INA, regali fretus dignitate a Domino, cum consilio Sexburgoe regime et hcencia lieorlhwaldi Dorobernensis ecclesiae Pontificis ct omnium sufTraganeorum suorum, necnon etiam hortatu BALDREDI et ATHELARDI subregulorum ... Scripta est autem hujus donationis et privfiegii pagina anno dominie* incarnationis septingentesimo vicesimo quinto, indictione quarta sub presencia INE Regis et Beorthwaldi Dorobernensis pontificis; venerandorumque antistitum Danielis atque Fordredis et aliorum quorum nomina inferius annotantur. Ego INA Rex proprie manus subscripcione hanc donationem et libertatem, sub sigiUo Sanctae crucis, ratam fieri decerno. Ego Edelburga, Regina, consensi. Ego BALDREDUS. Rex, confirmavi, Ego ADELARD, frater Reginae, consensi. Ego Beorthicaldus, Dorobernensis ecclesie Archiepiscopus, Ine Regis donacionem et hbertatem. sub sigillo sanctae crucis, corroboravi. Ego Daniel, plebis Dei inspector, adquievi. Ego Fordredus, Episcopus, signum crucis impressi. Waldehere, prefectus, Bruta, prefectus, Ethelheard, V mining prefectus, Winchelin, comes, cum presencia populacionis con- senserunt et firmaverunt. (Mon. I. 26.) 1 [I, INA, relying on the royal dignity received from the Lord, with the counsel of Sea.rburh, Queen, and wdth the licence of Beorhtweald, Archbishop of the Church of Canterbury, and of all his suffragans, and fuTthermore by the advice of BALDRED and ATHELARD, vassal Kings. . . .Moreover the charter of this donation and privilege was written in the vear 72o of Our Lord's incarnation, in the fourth Indiction, in the presence of King INA and of Beorhtweald, Archbishop of Canterbury, and of Daniel, and Forthhere, the venerable bishops and others, whose names are appended below. I, INA, the King, do hereby decree by this the signature of my own hand that this dona tion and immunity be ratified under the seal of the Holy Cross. I, .Kthelhurli , Queen, have given my assent thereto. I, 11 ALDRED, King, have confirmed the same. I, ADELARD, Proofs and Illustrations 337 the royal race of Cerdic a, opposes his succession, Part n. but he is put to flight, and defeated by ETHEL- wessex. HEARD, who thus secures himself upon tbe throne, ethelheard. The royal town of Somerton taken by ETHELBALD1. 7401 ETHELHEARD dies, and CUTHRED. his kinsman, cuthred. 741 J succeeds — reigns 14 years.2 743 CUTHRED, in alliance with ETHELBALD, King of Mercia, fights against the Wealas, whom they defeat with great slaughter. 748 Cynric, Atheling of tbe West Saxons, tbe son of CUTHRED, slain. (Hen. Hunt.) 750 CUTHRED, King of the West Saxons, engaged in war cuthred. against MTHELHUN, the "presumptuous Ealdor man," who, being probably a "subregulus," or vassal-king, attempted to free himself from the homage which he rendered to the Suzerain. CUTHRED obtained a hard-fought victory, and ETHELHUN, who had stood against him with a very inferior force, was borne wounded from the field, of which the King of the West Saxons remained the master, for at the same time CUTHRED is said to have risen against CEttjrlbaHj, the King of Mercia, who had reduced Wessex into a state of dependance. 752 The supremacy of (JEtfjribaftl over the West Saxons cuthred. was accompanied with so many acts of vexation and exaction, that CUTHRED and his people were resolved to make a desperate effort for the purpose of relieving themselves from a yoke which had become intolerable. ETHELHUN, so lately the the Queen's brother, have given my consent thereto. I, Beorhtweald, Archbishop of the Church of Canterbury, have corroborated the donation and immunity of Ina the King under the seal of the Holy Cross. I, Daniel, Overseer of God's people, have acquiesced. I, Forthhere, Bishop, have made thereon the sign of the Cross. Wealdhere, Prefect, Bruta, Prefect, Ethelheard, Umming, Prefect, Winchelin, Earl, have given their consent and confirmation thereto in the presence of the people.] Son of Ethelbald, son of Cynebald, son of Guthwin, son of lin. p. vn. 22 338 Proofs and Illustrations Part II. WESSEX. cuthred. sigeberht. enemy of the West-Saxon king, had now become his follower, and the hostile armies met at Beorgforda, in the Mercian territory. (Btfjelualu'S army con sisted of the Mercians, his own people, the men of Kent, the East Saxons, and the East Angles. The men of Wessex were led on by ETHELHUN, bearing the Golden Dragon, the ensign of that Kingdom. The conflict was extremely obstinate and bloody, and at length ETHELHUN and arrj causes the Host of 91 lj Wessex and of Mercia to march against them. 912 On the death of ETHELRED, Ealdorman of Mercia, (JBufcoatl, retains Oxford and London, with the territories belonging thereto. (See Mercia.) 915 Part of Essex submits to (JButuaro. 918) Earl THURKYTEL, and the Holdas of Bedford and 919] Nottingham, submit to ©atrjariJ. 920) ETHELFLEDA dies— £olrjar& assumes the govern- 921 J ment of Mercia, Earl THURFERTH and the Danes of Northampton, &c. submit to fiBufoaiu, and take him as their Lord and Protector. East Anglia and Essex submit to (JEufoartl, and the Danes of East Anglia do homage to him. The King of the Scots, and aU the Scots, submit to (EtifoarlJ, and choose him as their Lord. The King of the Britons of Strathclyde submits to him, to gether with REGINALD*, and E ALDRED, son of EADULF. of Bnmborough, and aU the North umbrians — Danes, Northmen, and English. Anno Dominicae incarnationis nongentesimo primo, regnum obtinuit Edwardus, filius Alfredi, ct tenuit viginti tribus annis; literarum scientia tt A King of Northumbria. This Reginald is afterwards found amongst the members of the Witenagemot of Athelstane. Proofs and Illustrations 359 multum inferior patre, sed regni potestate incom- Part n. parabUiter gloriosior. Siquidem Ule duo regna wessex. Merciorum, et West Saxonum conjunxerat, Mer- ffistrjari , , . the Elder. ciorum nomine tenus, quippe commendatum duci Eihelredo tenens. Iste primum mortuo Eihelredo, Mercios ornnifariam, mox Occidentales et Orientates Anglos et Northanimbros, qui cum Danis jam m unam gentem coaluerant, et Scottos, qui aquilonalem insulae partem inhabitant; Brittones omnes, quos nos Wallenses dicimus, bellis profligates, suae ditioni subegit, nee unquam in afiqua pugna humiliorem manum habuit. (WiU. Malm, de Gestis Regum, n. 5.) [In the nine hundred and first year of the Incarnation of our Lord, Edward the son of Alfred, ascended the throne and held it for twenty-three years. He was far inferior to his father in scholarship, but in the might of his rule attained to far greater glory. For he indeed had united the two Kingdoms of the Mercians and the West Saxons, but he ruled over that of the Mercians in name only, holding it in fact entrusted to Duke Ethelred. He, for the first time after the death of Ethelred, made the Mercians in every way subject to his sway, and soon after that the West and East Anglians and the Northumbrians, who had united into one nation with the Danes, and the Scots, who inhabited the northern part of the island, and all the Britons, whom we caU Welsh. AU these nations he had overcome in war, nor did he in any battle faU to gain the upper hand. (WUliam of Malmesbury, Acts of the Kings, ii. 5.)] Rex Edwardus vir mansuetus et pius, omnibus affabilis et amabilis, adeo omnium in se provocabat affectum, ut Scotti, Cumbri, Walenses, Norihumbri, et qui remanserunt Daci, eum, non tam in dominum et regem, quam in patrem, cum omni devotione eligerent. (Ethel. RievaU. de Gen. Regum, p. 356.) [King Edward, a man of a gentle and pious disposition, affable and amiable to aU men, drew the affection of aU men to him to such an extent that the Scots, Cumbrians, Welsh and North umbrians, and the Danes who remained, elected him with every feeling of devotion not only to be their lord and King but to be their father. (Ailred of Rievaulx, Genealogy of the Kings, p. 356.)] 360 Proofs and Illustrations Part II. WESSEX. (EDfoartj the Elder. Edward us cognomento senior, Scottorum, Cum- brorum, Stregleduualorum omnesque Occidentalium Brillovum rcges, in deditionem accepit. (Sim. Dunelm. de Gestis.) [Edward, known as the Elder, received the aUegiance of the Kings of the Scots, Cumbrians, the Britons of Strathclyde and all the Kings of the Western Britons. (Simeon of Durham.)] 1)21 Rex Sroltfjrum cum tota gente sua, et lleiiutldus. Rex Danoium Northumbriam inco- lentium, ct Rex Sihtrieus Edwardo regi fecerunt hominium. (Mailros.j [921 The King of the Scots, wdth all his subjects, and Reinald, King of the Danes who dwelt in Northumbria, and also the King Sihtric did homage to King Edward. (Chronicle of Melrose.)] 921 Rex Scottorum cum tota gente sua, et Regnaldus, Rex Danorum. cum Anglis et Danis Norihymbriam incolentibus, Rex etiam Streatgled- irallorum, cum suis, Regem Eadwardum seniorem, sibi in patrem et dominum elegerunt, firmumque fcedus cum eo pepigerunt. (Flor. Wigorn. Sim. Dunelm. de Gestis.) [921 The King of the Scots and aU his subjects and Regnald, King of the Danes, with the English and Danes that dwelt in Northumbria and also the King of the Britons of Strathclyde with his subjects, elected King Edward the Elder to be their father and lord and ratified an enduring treaty with him. (Florence of Worcester. Simeon of Durham.)] 921 Rex Scottorum. Reginaldus, Rex Northum- brorum ex natione Danorum, et Dux Galwalensium ad regem Edwardum venientes subjectionem fece runt. ct cum eo fcedus firmissimum pepigerunt. (Flores Hist.) [921 The King of the Scots, Reginald, the King of the Northumbrians of the nation of the Danes and the Duke of the Welsh came and did homage to King Edward and ratified with him a most binding treaty. (Flowers of the Histories.)] IVoeessu temporis prius Mercenses omnes, et Danos Merciam inhabitantes, deinceps tres Reges Proofs and Illustrations 361 Britonum, videlicet, Howelum, Clitwic et Juthwal, Part n. cum suis populis, in sui deditionem obtinuit. wessex. (Flor. Wigorn.) «to«£ [As time went on he received under his sway first aU the Mercians and the Danes who inhabit Mercia, and then the three Kings of the Britons to wit, Howel, Clitwic and Juthwal with their subjects. (Florence of Worcester.)] 921 Earl Thurferth, and the Holdas, and all the Host belonging to Northampton, north as far as the WeUand, turned to him, and sought him as their Lord and Mundhora.... And much people turned to him both of the East Angles and of the East Saxons, who were before under the power of the Danes.... And aU the Host that was in the country of the East Angles swore union with him, that they would aU that he would, and defend aU that he would defend, either on sea or on land.... And the Host that belonged to Cambridge chose him speciaUy for their Lord and Mundbora, and con firmed the same choice with oaths.... And aU the people of Mercia, who had before been subjected to Ethelfleda, turned to bim. — (922) And the Kings of the "North Wealas," (i.e. Wales north of the Severn), Howel and Cledauc and Jeoihwel, and aU the "Northweal-cyn," repaired to him as their lord. — (924) And the King of the Scots chose him as his father and lord, and aU the Scots did the like. And Reginald, and the sons of Eadulf, and aU that dweU in the country of the Northumbrians — whether English or Danish, or Northmen, or others. — And the King of the Britons of Strath-Clyde, and aU the Britons of Strath-Clyde also. (AS. Chronicle.) 924 Invictissimus Rex Anglorum, Danorum, Cumbrorum, Brittonum, Edwardus cognomento senior obiit, cui successit Aihelstanus filius ejus. (Mailros.) [924 The invincible King of the Angles, Danes, Cumbrians and Britons, Edward sumamed the Elder died, and his son Aihelstan reigned in his stead. (Chronicle of Melrose.)] Anno 924, invictissimus Rex Anglorum Eadwardus 362 Proofs and Illustrations Part ii. senior, qui cunctis Britanniam incolentibus, An- wessex. glorum, Scottorum, Cumbrorum, Danorum pariter et ftofoart Brittonum popubs gloriosissime praefuit, post multas th© Elder. *- res cgregie gestas, regni sui anno xxiv. in regia viUa quae Fearndun nominatur, Indictione xv. ex hac vita transiens, Eihelstano filio regni gubernacula reliquit. (Sim. Dunelm. de Gestis. Flor. Wigorn.) [In the year !i24, the invincible King of the Angles, Edward the Elder, after exercising a most glorious suzerainty over all the people that dwell in Britain, over the people of the Angles, Scots, CumJjrians and Danes as weU as over the people of the Britons, and after accomplishing many deeds of renown, passed from this life in the twenty-fourth year of his reign in the royal township which is known by the name of Faringdon, in the fifteenth Indiction, and left the reins of government to his son Aihelstan. (Simeon of Durham. Florence of Worcester.)] Anno 924 Rex Anglorum Edwardus, cogno- mento Senior, qui cunctis Britanniam incolentibus, Anglorum, Walanorum, Scotorum, Cumbrorum, Gal- walensium, et Danorum popubs potenter praefuit, post multas res egregie gestas... diem clausit ex- tremum. (Flores Hist.) [In the year 924 Edward, King of the Angles, whose surname was "the Elder," who exercised a powerful rule over all the peoples that dwelt in Britain, the Angles, the Britons of the West, the Scots, the Cumbrians, the Welsh and the Danes, after accomplishing many deeds of renown, came to the end of his life. (Flowers of the Histories.)] 922 The Mercians, both Danes and English, submit to <£ufoaru. HOWEL, CLYDAWC and IDWAL, Kings of the Britons, submit to (Sofoaru, and receive him as their Lord, and they arc subjected to the jurisdiction of 959J at the age of sixteen years, succeeds to the govern ment of Wessex. Mercia, and Northumbria, and becomes King over all Britain. Interea germanus ejusdem Edgari quia justa Dei sui judicia deviando dereliquit, novissimum flatum misera morte expiravit, et regnum illius ipse, velut aequus haeres ab utroque populo electus, suscepit, divisaque regnorum jura in unum sibi sceptrum subdendo copulavit. (Vita Dunstani, p. 354.) [Meanwhile the brother of tiiis Eadgar drew his last breath in a wretched death, because he had gone out of the way and departed from the just judgments of his God; and he, having been elected by both peoples as in equity heir, received his Kingdom and joined into one the divided rule of the two Kingdoms by assuming the authority himself. (Life of St. Dunstan, p. 354.)] 390 Proofs and Illustrations Part ii. Post paucos electionis suae dies, praecepit Edgarus wessex. dyarcha totius regni sui concilium celebrare in quo 4Pi>flsr. annihilatis omnibus qua? a fratre ejus iniquis fuerant legibus decreta, &c. (Osbernus in Vita Dunst. c. 7.) [A few days after his election, Eadgar, ruler of half the kingdom, ordered a councU of his united realm to be held in which, after annulling all that had been decreed by the unjust laws of his brother, &c. (Osbern, Life of St. Dunstan, c. 7.)] Rex Westsaxonum Eadwius quatuor annis regni sui peractis, defunctus Wintonie in novo monasterio est sepultus. Cujus regnum suus germanus Rex Mercensium Eadgarus ab omni Anglorum populo electus,...suscepit...divisaquc regna in unum copu- lavit. (Sim. Dunelm.) [Eadwy, the King of the West Saxons, after completing four years of his reign, died at Winchester and was buried in the new monastery. And his brother Eadgar, King of the Mercians, was elected King by all the people of the English and received his Kingdom, and joined into one the divided realms. (Simeon of Durham.)] 964 Sbgar about this time compels the Danish or Nor wegian chieftains of Ireland to acknowledge his supremacy. Edgar's conquest of Dublin, and the reduction of the isles, are not mentioned by the Chroniclers, and hence, the charter in which he claims these victories, has sometimes been stigmatized as a monkish forgery. But this document, being the instrument by which the married clerks are ejected from the church of AVorcester. does not contain any expression which can give rise to suspicion, and its tenor is entirely consistent with history. Altitonantis Dei largiflua dementia, qui est Rex regum et Dominus dominantium, ego Edgarus, Anglorum Basileus, omniumque regum insularum oceani, qua1 Britanniam circumjacent, cunctarum- que nationum, qua? infra earn includuntur Impera- tor ct Dominus, gratias ago ipsi Deo Omnipotenti, Regi mco, qui meum imperium sic ampfiavit et exaltavit super regnum patrum meorum, qui licet monarohiam totius Anglice adepti sint, a tempore Proofs and Illustrations 391 Aeihelstani, qui primus regum Anglorum omnes Part n. nationes quae Britanniam tncolunt sibi armis wessex. subegit ; nuUus tamen eorum ultra ejus fines ffi&gar. imperium suum dUatare aggressus est. Mihi autem concessit propitia Divinitas, cum Anglorum imperio, omnia regna insularum oceani, cum suis ferocissimis regibus, usque Norvegiam, maximamque partem Hibernice, cum sua nobilissima civitate Dublina, Anglorum regno subjugare, quos etiam omnes meis imperiis coUa subdere, Dei favente gratia, coegi.... Facta sunt ha?c Anno Dominicae Incarnationis 964, Indictione viii. Regni vero Edgari Anglorum. Regis sexto, in regia urbe quae ab incolis Gleaucestre nominatur, in natali Domini festivitate Sanctorum Innocenti um feria quarta. Ego Eadgar BasUeus Anglorum, et Imperator regum gentium ; cum consensu principum et Archiepiscoporum meorum hanc munificentiam signo crucis corroboro. Ego Mlfthryih, Regina, consensi, et signo crucis confirmavi. Ego Dunstan, Archiepiscopus Dorobernensis Ec clesiae Christi, consensi et subscripsi. Ego Oscytel, Archiepiscopus Eboracensis Ecclesiae, consensi et subscripsi. Ego Mlfere, Dux. Ego Brihtnoth, Dux. Ego Ordgar, Dux. (Concilia, I. 239.)1 [Through the copious clemency of high-thundering God, who is King of Kings and Lord of Lords, I, Edgar, BasUeus of the English and of aU the Kings of the isles of the sea, which lie around Britain, and of aU the nations which are inoluded under it Emperor and Lord, do hereby give thanks to Almighty God, my King, who has so greatly increased my empire and exalted it above the Kingdom of my fathers, for although they had obtained the monarchy of the whole of England, from the time of Aihelstan, who was the first King of the English to subdue by force of arms aU the nations that inhabit Britain ; yet none of them ever made an attempt to extend their rule beyond its boundaries. The favour of God has however granted to me in addition to the rule of the English, to make subject to the Kingdom of the English aU the Kingdoms of the isles of the sea together with their fierce Kings as far as Norway 392 Proofs and Illustrations Part II. and the greater part of Ireland, including its most noble city wessex. of Dublin. And all these I have, through the favour of God's ffiipr. grace, forced to submit their necks to my authority This was given in the year of Our Lord's Incarnation 964, in the 8th Indiction, and also in the sixth year of the reign of Edgar, King of the English, in the royal city which is called by its inhabitants Gloucester, within the festival of the Birth of Our Lord, on the fourth day of the week, being the feast of the Holy Innocents. I. Edgar, Basileus of the English and Emperor of the Kings of the nations, with the consent of my nobles and Archbishops, do hereby corroborate this gift w ith the sign of the cross. I, Mlfthryth, Queen, have consented thereto and confirmed with the sign of the cross. I, Dunstan, Archbishop of the Church of Christ at Canterbury, have consented thereto and written my signature. I, Oscytel, Archbishop of the Church of York, have con sented thereto and written my signature. I, Mlfere, Duke. I, Brihtnoth, Duke. I, Ordgar, Duke, (WUkins, Councils, I. 239.)] According to our computation the Indiction for 964 is 7. But Innocents feU on Wednesday in that year, by which the date is fixed. 965 Not long after the country of Northwales was crueUy wasted by the army of Edgar, King of England, the occasion of which invasion was the nonpayment of the tribute which the King of Aberfraw, by the laws of Howel Dda, was obhged to pay to the King of London, but at length a peace was concluded upon these conditions, that the Prince of Northwales. instead of money, should pay to the King of England the tribute of three hundred wolves yearly. (Wynne's Caradoc.) 970 (Sijgar holds a great Council, attended by MALCOLM, a Scottish Subregulus. As appears from the following Ely charter : — Ego Rex Edgarus, BasUeus dUectae insulae Albionis, subditis nobis sceptris Scottorum, Cam- brorumque atque Briton um, et omnium circumcirca regionum.... Hoc privUegium hujus donationis et libertatis Proofs and Illustrations 393 scribi fecimus, Anno Incarnationis Domini nostri part li. Jesu Christi nongentessimo septuagessimo, Indie- wessex. tione tertia decima, anno regni mei aeque tertio ffi&gat. decimo, in viUa regali, quae famoso vocabulo a solicolis Wlfamere nominatur, non clam in angulo sed sub divo palam evidentissime, scientibus totius regni mei primatibus, quorum quaedam nomina hic infra inseri ad testimonium in posterum man- davimus. Ego Mdgarus animo benigno hoc largiendo Deo coneessi, et regia sublimitate corroboravi. Ego Dunstan, Archiepiscopus, corroboravi. Ego Oscytel, Archiepiscopus, corroboravi. Ego Mthelwold, Epsc. confirmavi. Ego Mlfstan, Epsc. consignavi. Ego Osulf, Epsc. confirmavi. Ego Wulfric, Epsc. adquievi. Ego Winsige, Epsc. corroboravi. Ego Alfwold, Epsc. consolidavi. Os- wold, Epsc. adquievi. Ego Byrhthelm, Epsc. con firmavi. Ego Eadelm, Epsc. consignavi. Ego Mlric, Epsc. consolidavi. Ego Wlsige, Epsc. corroboravi. Mlfthryth, Regina. Mlfric, Abbas. Mscwig, Abbas. Osgar, Abbas. Mlstan, Abbas. Mthelgar, Abbas. Cyneweard, Abbas. Thurcytel, Abbas. Ealdred, Abbas. Ord briht, Abbas. Siferth, Abbas. Martin, Abbas. Mihelstan, Dux. Mlfhere, Dux. Mlfeah, Dux. Ordgar, Dux. Mthelwine, Dux. Oslac, Dux. Mal colm, Dux. Brihtnoth, Dux. Eadulf, Dux. Bridferth, Miles. Mlfwine, MUes. Mthelweard, Miles. Oslac, Miles. Frena, Miles. Siferth, Miles. Leofric, Miles. Edric, Miles. Wlfnoth, MUes. Mlsige, MUes. Ulfcytel, MUes. Hroold, MUes. Thurston, MUes. Osgod, Miles. Gota, Miles. Frithegist, Miles. Thurferth, MUes. Thurgod, MUes. Osferth, Miles. Oscytel, Miles. Siferth, MUes. Thurcytel, Miles. Forne, Miles. Cnut, MUes. Thurston, Miles. Thurcytel, Miles. (Hist. Eliensis, p. 517.)1 [I, King Edgar, BasUeus of the beloved island of Albion, after having subjected to our rule the Kingdoms of the Scots, Cambrians and Britons and aU the regions round about.. . . We have caused this privilege of this gift and franchise to be 394 Proofs and Illustrations Part II. written in the year 970 of the Incarnation of our Lord, Jesus wessex. Christ, in the 13th Indiction, also the 13th year of my reign, (JEBpr. in the royal town, which is caUed by its inhabitants by the well- known name of W aimer (Kent), not clandestinely in a corner, but openly and most clearly beneath the sky, with the knowledge of all the nobles of my realm, some of whose names we have ordered to be inserted here below as a witness for future times. I, Eadgar, by bestowing this gift out of good-wiU have granted it to God and with royal dignity have corroborated it. I, Dunstan, Archbishop, have corroborated. I, Oscytel, Archbishop, have corroborated. I, Mthelwold, bishop, have confirmed. I, Mlfstan, Bishop, have signed. I, Osulf, Bishop, have confirmed. I, Wulfric, Bishop, have agreed thereto. I, Winsige, Bishop, have corro borated. I, Mlfwold, Bishop, have confirmed. I, Oswold, Bishop, have agreed thereto. I, Byrhthelm, Bishop, have confirmed. I, Eadelm, Bishop, have signed. I, Mlric, Bishop, have confirmed. I, Wulfsige, Bishop, have corroborated. Mlfthryth, Queen. Mlfric, Abbot. Mscwig, Abbot. Osgar, Abbot. Mlstan, Abbot. Mthelgar, Abbot. Cyneweard, Abbot. Thurcytel, Abbot. Ealdred, Abbot. Ordbriht, Abbot. Siferth, Abbot. Martin, Abbot. Mihelstan, Duke. Mlfhere, Duke. Mlfeah, Duke. Ordgar, Duke. Mthelwine, Duke. Oslac, Duke. Malcolm, Duke. Brihtnoth, Duke. Eadulf, Duke. Bridferth, Knight. Mlfwine, Knight. Mthehceard, Knight. Oslac, Knight. Frena, Knight. Sifert h, Knight. Leofric, Knight. Edric, Knight. Wulfnoth, Knight. Mlsige, Knight, &c, &c. (Hist, of Ely, p. 517.)] 971 A great CouncU or Witenagemot held at London — attended by KENNETH, King of Albania, or of the Scots, and MACCUS. King of Man, or of the Isles. The charter which proves this council has been suspected, on account of the insertion of the name of Osteoid, as Archbishop of York, though, according to the usual computation, he did not hold the see till the following year. But the repeated instances of these irregularities are quite sufficient to over throw any such grounds of distrust. Proofs and Illustrations 395 Ego Edgar, divina disposicione Rex Anglorum, Part II. ceterarumque gencium in circuitu persistencium wessex. gubemator et rector.... Acta est hee privUegii ffiBflar. pagina, et confirmata apud Londoniam, communi consilio omnium primatum meorum, anno ab Incarnacione Domini nostri Jesu Christi non- gentesimo septimo primo, indictione quarta decimo. Hujus doni constipulatores fuerunt, quorum nomina inferius carexari videntur. Ego Edgar, Rex tocius Britannie, prefatam Hbertatem cum sigiUo sanctae crucis confirmavi. Ego Eilfgiva, ejusdem regis mater, cum gaudio consensi. Ego Edward, clito, patris mei donum cum triumpho sanctae crucis impressi. Ego Kinaditts Rex Albania adquievi. Ego Masctjsius, Archipirata, confortavi. Ego Dunstanus, Dorobernensis Ecclesiae Archi episcopus, cum tropheo sanctae crucis et cum suffraganeis presulibus regis donum corroboravi. Ego Oswald, Eboracensis Ecclesiae Primas, con- senciens subscripsi. Ego Ethelwold, Wintoniensis Ecclesiae Minister et Glastonice monachus, signum sanctae crucis impressi. Ego Briihelm, Fontanensis Episcopus, consenciens corroboravi. Ego Elstan, Episcopus, confirmavi. Ego Oswold, Episcopus, concessi. Ego Elfwold, Episcopus, concessi. Ego Winsige, Episcopus, cum signo sanctae crucis con- clusi. Ego Sigegar, Abbas, confirmavi, vexiUum sanctae crucis impressi. Ego Ordgar, Abbas, corro boravi. Ego Ethelgar, Abbas, consensi. Ego Kine- wold, Abbas, consensi. Ego Sideman, Abbas, consolidavi. Ego Elfheh, Abbas, subscripsi. Ego Athulf, Herefordensis Ecclesiae catascopus, corro boravi. Ego Elfhere, Dux, dominae meae Sanctae Marice Glastoniensis Ecclesiae hbertatem omni devocione cum sigiUo sanctae crucis confirmavi. Ego Oslac, Dux, concessi. Ego Eihelwine, Dux, hoc donum triumphale agie crucis proprie manus depictione impressi. Ego Oswald, Minister, confirmavi. Ego Elfward, Minister, corroboravi. Ego Eihelsie, Minis ter, consensi. Ego Elfsie, Minister, consensi. Hanc privUegii paginam Rex Edgarus, duodecimo anno wessex. 396 Proofs and Illustrations Part 11. regni sui, sacro scripto apud Londoniam communi consilio optimatum suorum confirmavit. (Mon. I. 27.) ! [I, Edgar, by divine dispensation King of tfie English, and governor and ruler of the other peoples existing in the circuit.... This script of privilege was done and confirmed at London, with the common counsel of aU my primates in the year 971 from the birth of Our Lord Jesus Christ and in the 14th indiction. The co-signatories of this gift were those whose names appear written below. I, Edgar, King of all Britain, have confirmed the above-mentioned liberty with the sign of the Holy Cross. I, Mlfgifv., the mother of the said King, have joyfully consented thereto. I, Edward, prince, have impressed the gift of my father with the triumph of the Holy Cross. I, Kinadixts, King of Alban, have consented thereto. I, Mascusius, arch- pirate, have strengthened it. I, Dunstan, Archbishop of the Church of Canterbury, with the trophy of the holy cross and along with the suffragan bishops, have corroborated the King's gift. I, Oswald, Primate of the Church of York, have subscribed my consent thereto. I, Mthelwold, Minister of the Church of Winchester and monk of Glastonbury, have impressed thereon the sign of the Holy Cross. I, Brihthelm, Bishop of Wells, have consented and corroborated. I, Mlfstan, Bishop, have confirmed it. I, Oswold, Bishop, have granted my consent. I, Mlfwold, Bishop, have granted my consent. I, Winsige, Bishop, have affixed the sign of the Holy Cross at the end. I, Sigegar, Abbot, have confirmed it and have impressed the seal of the Holy Cross. I. Ordgar, Abbot, have corroborated. I, Mthelgar, Abbot, have consented. I, Kinewold, Abbot, have consented. I. Sidtman, Abbot, have confirmed it. I, Mlfheh, Abbot, have added my signature. I, Athulf, Inspector (i.e. Archdeacon) of the Church of Here ford, have corroborated. I, Mlfhere, Duke, in all devotion have confirmed with the sign of the Holy Cross the liberty of the Church of Glastonbury of my Lady St. Mai-y. I. Oslac, Duke, have granted my consent. I, Mthelwine, Duke, have impressed this triumphal gift of the Holy Cross with my own hand. I, Oswald, Mhiister, have confirmed it. I, Mlfward, Minister, have corroborated. I, Mthelsigc, Minister, have consented. I, Mlfsige, Minister, have granted my consent. This writing of privilege King Edgar, in the 12th year of his reign, confirmed with the holy script at Proofs and Illustrations 397 London with the common counsel of his nobles. (Mon. Part II. I. 27.)] WESSEX. 971 Rex Eadgarus barones Northumbrenses in ffiugar. consUium convocans apud Eborocum, capitula multa ad regni negotia spectantia bene ordinavit. Inter quae etiam Osulfi comitatum, quem avunculus ejus Edredus toti Northumbrian sub nomine comitis praefecerat, in duos divisit comitatus. Ipso Osulfo jam mortuo, noluit sub nomine haereditatis Rex earn partem terrae alicui provenire soli, ne ad antiquam libertatem aspirantes * * Northumbrian, hoc est, ab Humbria usque ad Theisam, Oslach, et comitis gladio eum cinxit. A Theisa vero usque ad Mireforih sub nomine etiam comitatus, partem videlicet maritimam Deirce dedit Eadulf cogno- mento Ewelchild. Sicque duo regna ad duos comitatus devenernnt, permanseruntque omni tem pore regum Anglorum sub ditione et donatione eorundem. Louihion vero semper patuit excursibus Scotorum et Pictorum, et idcirco parum curae fuit regibus haec pars terrae. Porro Rex Scotorum Kineth, audiens ex fama et commendatione duorum comitum Oslach et Eadulf, et Episcopi Dunelmi, Elfsi, Eadgari regis magnificentiam, desiderio videndi petivit conductum veniendi Londoniam, ut cum eodem coUoqueretur, et impetravit : con- duxeruntque eum ex praecepto regis duo comites praedicti et episcopus. Venit Londonias Kineth Rex Scotorum, ubi a rege Eadgaro honorifice susceptus est, et honori habitus; cumque amice familiariter et jocunde coUoquerentur ; suggessit Rex Kineth regi Eadgaro Louihion ad suum jus debere pertinere, et haereditarie a regibus Scotorum possideri. Rex nolens aliquid abrupte facere, ne , post factum pceniteret, regis Kineth causam curiae suae intimavit. Proceres vero qui a progenitoribus erant eruditi, nisi sub nomine homagii regi Anglorum a rege Scotorum inpensi * * et praecipue quia ad tuendum terram iUam difficUis est accessus, et parum proficua ejus dominatio, * * assensit autem * * Corrupted or mutUated passages. Part II. 398 Proofs and Illustrations assertioni huic Kineth, et sub nomine homagii eam wessex. petiit et accepit, fecitque regi Eadgaro homagium ffiugar. sub cautione multa promittens, quod populo partis illius antiquas consuetudines non negaret, et sub nomine et lingua Anglicana permanerent. Quod usque hodie firmum manet. Sicque determinata est vetus querela de Louihion, et adhuc nova saepe intentatur. Subjectus est ergo Eadgaro Rex prae dictus, praedicta causa, sed et Rex Cumbrorum Malcolm, et Oriccus [Maceus] plurimarum Rex insularum, et Orcadum diversi reges. Qui omnes Eadgaro homagii nomine tenebantur. (Waiiingford, p. 545.) [971 King Edgar, summoning the Barons of Northumbria to councU at York, did decree many ordinances relating to the business of his Kingdom. Among these was his division of the Earldom of Osulf, which his uncle Edred had enjoyed under the title of Earl of the whole of Northumbria, into two Earldoms. But now when Osulf was dead, the King did not wish that that part of the land should accrue to any single person under the title of hereditary land, lest those who laid claim to the ancient liberty. . .Northumbria, that is from the Humber to the Tees,. . . Oslach and girded him with the sword of an Earl. However he gave Eadwulf, sumamed Yfelcild, a portion of land stretching from the Tees as far as Mireforth, to wit the littoral of Deira, also under the title of an Earldom. In this way two kingdoms turned into two Earldoms and remained for ever under the rule and gift of these same Kings of England. Lothian, indeed, was always exposed to the raids of the Scots and Picts, and on that account this portion of their lands was httle cared for by the Kings. Furthermore, Kenneth, the King of the Scots, hearing of the magnificence of King Edgar from the reports and praises of the two Earls, Oslach and Eadwulf, and also of Elf si, Bishop of Durham, in his desire to see him asked for and obtained safe-conduct to London, so that, he might confer with him. In accordance with the King's command the two aforesaid Earls and the Bishop conducted him thither. Kenneth, King of the Scots, came to London, where he was honourably received by King Edgar and held in great honour; and when they had talked together in a friendly, familiar and merry fashion, King Kenneth suggested to King Edgar that Lothian rightfuUy belonged to his jurisdiction, and was a hereditary possession of the Kings Proofs and Illustrations 399 of Scotland. The King who did not wish to do anything rashly part II. lest he should repent of his actions later, introduced the plea of WESSEX. King Kenneth to his Court. The nobles indeed, who had been ffiBgat. taught by their fathers that a King of Scotland had not been in the habit of making any return (read impendi solere) to an English King save under the title of homage, and especiaUy because access to that country is difficult for the purpose of guarding it and the lordship of it was of very little benefit . . . ; Kenneth on his part asserted his assent thereto and asked for it and obtained it under the title of homage and did his homage to King Edgar, making many promises and giving security that he would not refuse to the people of that part their ancient customs and that they should remain English in name and tongue. And thus it remains fixed unto this day. In this way was the old quarrel concerning Lothian brought to a conclusion; up to this date several new quarrels have been attempted. The above-mentioned King was therefore subject to King Edgar for the reason mentioned above; and so were also Malcolm, King of the Cumbrians and Maccus, King of the multitude of isles and the several Kings of the Orkneys. All these were held under the title of homage to Edgar. (John of Waiiingford, p. 545.)] 973— May 11. ffiijgar consecrated at Bath, or "Ake-man- ceastre," in the thirteenth year of his reign. 974 Celebrates his triumph on the Dee — receives the homage of the Kings of the Scots, the Cumbrians, the Northmen, the GaUovegians, and the Britons. This act was probably only a renewal of their homage, for the foUowing charter, which testifies their attendance at his court, must have been executed before 971, in which year Oscytel, Arch bishop of York, died. In nomine sanctae et individuae Trinitatis. Ego Edgarus Rex et BasUeus totius Anglice divino in- stinctus admonitu, et sanctae Dorobernensis Eccle siae antistitis Dunstani precibus saepius exhortatus, reddo et concedo sanctae Dorobernensi ecclesiae et monachis ibi Deo serventibus, in pura elemosina, portum et villam de Sandwich, eisdem monachis olim ablatam, cum omnibus libertatibus et con- suetudinibus regiis ad Sandwich pertinentibus quae 400 Proofs and Illustrations Part ii. ego aliquando habui, ex utraque parte aquae, wessex. cujuscunque terra hinc vel inde fuerit. Confirmo CFBgat. eis omnes mansiones quas habent in viUa de Sandwich quae eis coUatae sunt in pura elemosina a fidclibus. Unde volo ut nuUus ibidem habeat aliquod jus nisi tantum monachi nostri de Doro- bernia. Quicunque hanc meam largifluam munifi- centiam interrumpere aut violare praesumpserit, indignationem domini nostri et sanctae Mariae et sanctorum omnium qui in Dorobernensi ecclesia requicscunt, sentiant, nisi ante mortem emendati fuerint. Ego Edgarus, Rex totius Anglice, huic codiciUo meo signum sancta? crucis propria manu apposui. Ego KINATH, Rex Scotoroi, subscripsi. Ego MACCUS. Rex insularum, vidi. Ego Dunstan, Dorobernensis Archiepiscopus, sub scripsi. Ego Ethelwoldus, W intoniensis Antistes, consensi. Ego MALCOL3I, Rex Cumbrorum, subscripsi. Ego DUFNAL, vidi. Ego Oskitellus Ebor' Archiepiscopus, subscripsi. Ego Oswaldus, Wigornice Episcopus, consensi. Ego Kineuuardus, xAbbas, subscripsi. Ego JACOBUS. Subregulus, signum posui. Ego IUKIL, Subregulus, subscripsi. Ego SIFERD. Subregulus, signum crucis apposui in festo Pentecostes in civitate Achamanni. (Bib. Cott. Augustus II 67.)1 [In the name of the Holy and Undivided Trinity. I, Edgar, King and BasUeus of the whole of England, moved by the admonition of Heaven, and often exhorted thereto by the prayers of Dunstan, the Bishop of the Holy Church of Canter bury, do restore and grant to the Holy Church of Canterbury and to the Monks that serve God in that place, in pure alms, the harbour and township of Sandwich, which had in times past been taken from these same monks, together with all the liberties and royal customs which appertain to Sandwich, all of which I sometimes held, on both sides of the water, to whomsoever the land may belong on this side or that. I confirm to them aU the mansions whith tbey hold in the township of Sandwich, which have been bestowed on them in pure alms by the faithful. Proofs and Illustrations 401 Wherefore it is my wiU that no one should there have any right part II. save only our monks of Canterbury. Whosoever shall presume wessex. to break or violate this my copious munificence, may they feel (EBpr. the anger of Our Lord and Saint Mary and of all the saints who repose in the Church at Canterbury, unless they expiate their fault before death. I, Edgar, King of the whole of England, have added to this my charter, with my own hand, the sign of the Holy Cross. I, KENNETH, King of the Scots, have signed. I, MACCUS, King of the Islands, have seen it. I, Dunstan, Archbishop of Canterbury, have appended my signature. I, Mthelwold, Bishop of Winchester, have given my consent. I, MALCOLM, King of the Cumbrians, have appended my signature. I, DUFNAL, have seen it. I, Oskitell, Archbishop of York, have signed. I, Oswald, Bishop of Worcester, have consented thereto. I, Kineward, Abbot, have signed. I, JAMES, Vassal-prince, have placed my sign. I, JUKIL, Vassal-prince, have signed. I, SIFERTH, Vassal-prince, have placed thereto the sign of the Cross on the Feast of Pentecost in the town of Bath. (Cotton Charter, Augustus II 67.)] Multarum linguarum gentes unius fcedere legis conjunxit. (Ethel. Rievall. p. 359.) [He united peoples of many tongues in the bond of one law. (Ailred of Rievaulx, Genealogy of the Kings, p. 359.)] 973 Rex Anglorum pacificus Eadgarus, aetatis suae anno 30, Indict, prima, quinto Idus Man, die Pentecostes, a beatis praesulibus Dunstano et Oswaldo, et a caeteris totius Anglice antistibus, in civitate Acamanni benedicitur, et cum maximo honore et gloria consecratur, et in Regem ungitur. Inter jecto deinde tempore, Ule cum ingenti classe septentrionali Britannia circumnavigata, ad Legio- num civitatem appufit. Cui subreguli ejus octo, Kynaihus scilicet Rex Scotorum, Malcolmus Rex Cumbrorum, Maccus plurimarum Rex insularum, et alii quinque, Duffnallus, Siferihus, Huwallus, Jacobus, Iuchillus (vel Ullcillus), ut mandaverat occurrerunt, et quod sibi fideles et terra et mari p. vn. 26 402 Proofs and Illustrations Part ii. cooperatores esse veUent, juraverunt. Cum quibus, wessex. die quadam, scapham ascendit, illisque ad remos SFugar. locatis, ipse clavum gubernaculi arripiens, eam per cursum fluminis Dece perite gubernavit, omnique turba Ducum et procerum simili navigio comitante, a palatio ad monasterium Sancti Johannis Baptista? navigavit. Ubi facta oratione, eadem pompa ad palatium remeavit. Quod dum intraret, opti matibus fertur dixisse, tunc demum quemque suorum successorum se gloriari posse regem An glorum fore, cum tot regibus sibi subsequentibus potiretur pompa talium honorum. (Flor. Wigorn. Mailros. See also Ethelwerd, as quoted above p. 292.) [973 The King of the English, Edgar the Peaceful, in the 30th year of his age, in the first Indiction, on Whitsunday, the 11th day of May, was blessed by the blessed prelates Dunstan and Oswald and the other bishops of aU England in the town of Bath and was consecrated with much honour and glory and anointed King. Thereupon after an interval, he came to the town of Chester, having saUed round the North of Britain with a large fleet. Eight vassal Kings came to meet him, as he had commanded, to wit, Kenneth, King of the Scots, Malcolm, King of the Cumbrians, Maccus, King of the multitude of isles and five others, Duff nail, Siferth, Huwall, James. Jukill (or Ulkill), and they took an oath that they were willing to be faithful to him and to aid him on land and sea. On a certain day, he embarked with them on a boat, and placing them at the oars while he himself took hold of the handle of the rudder, he steered it with skUl along the course of the river Dee, and with the whole crowd of Dukes and nobles accompanying them in a simUar boat, he saUed from the palace to the Monastery of St. John the Baptist. And when he had made a speech there, he was rowed back with the same state to the palace. When he was entering the palace, it is reported that he said to his nobles that from that day each of his successors would be able to pride himself on being King of England since he himself had enjoyed the dignity of such state, with so many Kings following in his train. (Florence of Worcester. Chronicle of Melrose. See also Ethelwcrd's Chronicle.)] 973 Soon afterwards the King led all his ship force to Chester, and six kings came to meet him, Proofs and Illustrations 403 and covenanted that they would be his "efen- Part ii. wyrhtan" by sea and by land. (Sax. Chron.) wessex. Anno gratiae 973, Rex Anglorum Eadgarus ®lflar. pacificus, anno aetatis suae trigesimo die Pentecostes, praesentibus praesulibus Dunstano et Oswaldo, caeter- isque totius Anglice pontificibus, ac magnatibus universis, apud Akemanecestre, quae latine Bathonia dicitur, coronam portavit, et ibidem cum gloria et honore regaliter consecratur, datis singulis donariis consuetis, quae in coronationibus dari magnatibus consuescunt. 974 Rex pacificus Eadgarus, ad urbem Legionum veniens, ab octo subregulis suis, Kinedo scilicet rege Scotorum, Malcolmo Cumbrorum, Macone rege Monce et plurimarum insularum, Dufnal rege Demetice, Sifertho et Howel regibus Wallice, Jacobo rege Galwallice, et Iukil, Westimarice, juramentum fideli tatis accepit. Et in crastino cum illis navem ascendens, subregulis ad remos locatis, ipse guber- naculum arripuit, naviculamque per cursum numinis petite dirigens, multis admirantibus, simili navigio sequentibus magnatibus universis, a palatio usque ad monasterium Sancti Johannis Baptista? navigavit, ubi divinis expletis ministeriis, eadem pompa ad palatium remeavit, quod dum intraret, optimatibus dixisse fertur, tunc demum quemque suorum successorum se posse gloriari regem fore Anglorum, cum tot regibus sibi obsequentibus, talium pompa potiretur honorum. (Flores Hist.) [In the year of Grace 973, the King of the English, Edgar the Peaceful, in the 30th year of his age, on Whitsunday, in the presence of Dunstan and Oswald, the Archbishops, and the other bishops of the whole of England, and aU the magnates, wore the crown at Akemanceaster, which in Latin is caUed Bathonia, and there he was consecrated king with glory and honour, when he had given to each the usual gifts, that were wont to be given to the magnates at coronations. 974 The peaceful King Edgar coming to the town of Chester, received the oath of fidelity from eight of his vassal kings, to wit, Kenneth, King of the Scots, Malcolm of the Cumbrians, Macon, King of Mono and of the many isles, Dufnal, King of Demetia, Siferth and Howel, Kings of Wales, James, King of 26—2 404 Proofs and Illustrations Part ii. Galloway, and lukil, King of Westmoreland. And on the morrow wessex. embarking with them on a ship and placing the vassal kings at ffiogat. the oars, he himsefi took hold of the rudder, and skilfully steering the boat along the course of the river, to the admiration of many, while all the magnates foUowed in a simUar vessel, he sailed from tho palace as far as the monastery of St. John the Baptist; and when the divine mysteries were aU accomplished, he rowed back with the same state to the palace, and while he was entering it, it is reported that he said to his nobles that from that day each of his successors would be able to pride himself on being King of the English, since he himself had enjoyed the dignit\' of such state, with so many Kings following in his train. (Flowers of the Histories.)] Regem Scottorum, Kinadium, Cumbrorum Mal- colmum, Archipiratam Maccu-sium, omnesque reges Wallensiu?n, quorum nomina fuerunt, Dufnal, Sifreth, Huval, Jacob, Judethil, ad curiam coactos, uno et perpetuo sacramento sibi obfigavit. Adeo ut apud civitatem Legionem sibi occurrentes in pompam triumphi, per nuviuin Dee Ulos deduceret. Una enim navi impositos ipse ad proram sedens remigare cogebat per hoc ostentans regalem mag- nificentiam, qui subjectam haberet tot regum potentiam. Denique fertur dixisse tunc demum posse successores suos gloriari se reges Anglorum esse, cum tanta prerogativa honorum fruerentur. (Will. Malm, de Gestis Regum, ii. 8.) [He bound to himself by the same abiding oath, the King of the Scots, Kenneth, Malcolm, King of the Cumbrians, Maccus, the Arch-Pirate ; and aU the Kings of the ITeM, whose names were, Dufnal, Sifreth, Huval, Jacob, Judethil, after they had been summoned to his court. To such an extent were they subject to him, that when they met him at the city of Chester he led them in triumphal procession down the river Dee. Sitting himself by the prow- hi a boat, on which he had caused them to embark, he compelled them to row, in this way shewing his royal splendour, in having the might of so many Kings subject to him. Finally it is reported that he said that hereafter his successors could pride themselves on being Kings of the English, seeing that they enjoyed so great a prerogative of honours. (William of Malmesbury, Acts of the Kings, ii. 8.)] Proofs and Illustrations 405 Edgarus Rex tertio decimo anno regni sui Part n. sacratus est in die Pentecostes, apud Bathun ; wessex. inde vero post Pentecostem duxit exercitum suum ffiBsar. ad Legecestre ubi venerunt contra eum sex reges, qui omnes ditione ejus subjecti sunt: et omnes illi domino debitam dederunt fidem se- terra et mari servituros ei ad ejus imperium. Edgarus pacificus, Rex magnificus, Salomon secundus, cujus tempore nunquam exercitus ad- venarum venit in Angliam, cujus dominio reges et principes Anglice sunt subjecti, cujus potentia? Scotti etiam coUa dedere; cum regnasset sedecim annis et duobus mensis feliciter vivens feliciter obiit. (Hen. Hunt.) [King Edgar in tfie 13th year of his reign was consecrated on the day of Pentecost at Bath; thence, after Pentecost, he led his army to Chester where six Kings came to meet him who were all subject to his rule ; and they all gave him, their lord, their dutiful assurance that they would serve him on land and sea according to his command. Edgar the peaceful, a King magnifical, a second Solomon, in whose time no army of foreign invaders ever came into England, to whose lordship the Kings and princes of England were subject, to whose power even the Scots bowed their necks, after reigning for sixteen years and two months, died as happUy as he had lived. (Henry of Huntingdon.)] Tanta enim in verbis, in vultu, in moribus, interioris suavitatis indicia praeferebat, ut Deo co-operante, tota ei insula, sine sanguine manus daret, et ad subdendum se ei Scotia, Cumbria, Wallia, libens accurrerit. (Ethel. Rievall. de Gen. Regum, p. 359.) [In speech, looks and bearing he exhibited such marks of a kindly disposition that with God's help, the whole island sub mitted to him without bloodshed; and Scotland, Cumbria, Wales gladly ran to submit to him. (Ailred of Rievaulx, Genealogy of the Kings, p. 359.)] 975 Eodem quoque tempore Mlfsius Episcopus, et Comes Eadulfus Kinedum regem Scotorum, ad regem Eadgarum conduxerunt. Quem cum per- duxissent ad regem, multa donaria a regia largitate 406 Proofs and Illustrations Part ii. suscepit, inter quae contulit ei centum uncias auri wessex. purissimi, cum multis sericis ornamentis, et annulis ®UBBr. cum lapidibus preciosis. Dedit praeterea eidem regi, terram totam, quae Laudian patria lingua nuncupatur, hac conditione, ut annis singulis in festivitatibus praecipuis, quando Rex et ejus successores diadema portarent, venirent ad curiam, et cum caeteris regni principibus festum cum laetitia celebrarent. Dedit insuper ei Rex mansiones in itinere plurimas, ut ipse et ejus successores ad festum venientes, ac denuo revertentes, hospitari valuissent, qua? usque in tempora regis Henrici secundi in potestate regum Scotice remanserunt. (Flores Hist.) [975 At this time also Mlfsige, the Bishop, and Earl Eadulf escorted Kenneth, the King of the Scots, to King Edgar. And when they had brought him to the King, he received many gifts of the royal bounty, and among these the King bestowed on him one hundred ounces of purest gold, with many silken ornaments and rings with precious stones. Furthermore, he gave to this same King the whole of the land which is called in the native tongue Lothian, on this condition, that every year at the chief festivals, when the King and his successors were wearing the diadem, they should come to court and with the other chiefs of the kingdom celebrate the festival with joy. In addition the King gave him very many houses on the way, so that he and his successors, w hen coming to the festival and returning again, might receive hospitality — privileges which remained in the power of the Kings of Scotland up to the time of King Henry the Second. (Flowers of the Histories.)] Successit Culeno Kenedus secundus, Malcolmi filius, frater Regis Duffi, vir fortis et prudens... eo quoque statim coronato, Malcolmum fifium Duffi. successione proximum si vixisset, in regulum Cumbria? fibenter Eadgarus recepit, sub sacramento fidelitatis consueto. (Scotichron. iv. 30.) [Kenneth the Second, son of Malcolm, brother of King Duff, succeeded Culen; a man strong and wise ; immediately after his coronation, Edgar gladly accepted Malcolm, son of Duff (the next in the succession should he live), as vassal King of Cumbria, under the accustomed oath of fidelity. (Fordun, iv. 30.)] Proofs and Illustrations 407 Ipsius Kenedi, circa vicesimum annum, postquam Part n. successionis statuta firmasset, defuncto Malcolmo wessex. filio Duffi Cambrian Regulo, fifium suum Malcolmum GEHgat. ejusdem dominii regulum efiicere volens, Anglorum Eihelredo Regi misit, a quo sub praetactis, ut supra, fidelitatis et hominn conditionibus, sponte susceptus est. (Scotichron. iv. 36.) [About the 20th year of Kenneth himself, after he had established the statutes of succession, on the death of Malcolm, son of Duff, vassal king of Cumbria, wishing to make his son Malcolm vassal king of the same principality, he sent him to Ethelred, King of the English, by whom he was willingly received, under the conditions previously referred to, as above, to wit fidelity and homage. (Fordun, iv. 36.)] Ante parum et his diebus, Anglici Danis tributa pro pace dederunt, primo decem millia, deinde sexdecim, mox viginti quatuor, et ultimo triginta millia librarum. Unde Rex Ethelredus Regulo Cumbrian supraclicto Malcolmo scribens, per nun- cium mandavit, quod suos Cumbrenses tributa solvere cogeret, sicut ceteri faciunt comprovinciales. Quod Ule protinus contradicens rescripsit, suos aliud nullatenus debere vectigal, praeterquam ad edictum regium, quandocumque sibi placuerit, cum ceteris semper fore paratos ad bellandum : nam pulcbrius esse dicebat ac multo praestantius, viriliter, gladio quam auro, defendere hbertatem. Hac causa quidem, et sicut Rex in ira motus asseruit, et eo quod regulus, contra sacramentum sibi debitum, Danis favebat, maximam ex Cumbria praedam arripuit. Postea tamen Concordes per omnia statim effecti, pace firma de cetero convenerunt. (Scotichron. iv. 38.) [A short whUe before and in these days the English gave the Danes tribute for the preservation of peace, at first ten thousand, then sixteen thousand, soon afterwards twenty-four thousand and finaUy thirty thousand pounds. Whereupon King Ethdred, writing to Malcolm, the above-mentioned Kinglet of Cumbria, ordered him by a message to compel his Cumbrians to pay their tribute, just as the rest of their feUow-provincials were doing. But he wrote back forthwith protesting that his 408 Proofs and Illustrations Part II. subjects owed no other tribute than that, in accordance with WESSEX. the King's edict whenever it should be bis good pleasure, «EBgar. they would always be ready to go to war with the rest ; for he said that it was more beautiful and much more exceUent to defend their liberty with the sword than with gold. For this reason and also because the vassal King, as the King, moved to anger, asserted, shewed favour to the Danes in contravention of his bounden oath, he seized much plunder from Cumbria. However at a later date when they had at once come to an agreement on all points, they were at one henceforth in steadfast amity. (Fordun, iv. 38.)] Danis atque Northumbris, qui tunc velut una gens coierant, Cumbriam vastantibus, adventus eorum afiquando per nepotem Duncanum Rex praevisus occurrens, magnam exercitus partem misere ca?de prostravit. Dederat enim ei Cumbriam antea, Regis Ethelredi consensu nondum obtento, quia transitus ad regem per regnum securus non erat, tum ob me tum Danorum.... tum ob indigenarum proditionem. (Scotichron. iv. 44.) [When the Danes and Northumbrians, who at that time had united, as it were, into one tribe, were devastating Cumbria, the King having received warning of their arrival by means of his nephew Duncan, went to meet them and overwhelmed and miserably slaughtered a large part of their army. For he had given Cumbria to him previously without obtaining the consent of King Ethelred, because the journey across the kingdom to the King was fraught with danger, at one time because of fear of the Danes. . ., at another on account of the treachery of the inhabitants. (Fordun, iv. 44.)] "It is my pleasure," Edgar declares, (Wilkins, p. 80), "that the civU law (woruldgerihta) shaU continue established amongst the Danes, under such good statutes as thev may best choose. Amongst the Engfish, let that stand for law which I and my Witan have added to the judgments of our ancestors, for the benefit of all the people. Yet, nevertheless, let this counsel be equaUy adopted by all the people, whether English, Danes, or Britons, in every part of my Empire." — Sy heahhwaeSere hes rsed gemaene eaUum leod- Proofs and Illustrations 409 scipe, a?gi5er ge Englum ge Denum ge Bryttum, on Part n. selcum ende mines anwealdes1. wessex. [Nevertheless let this ordinance be common to aU the nation, ^S31* whether Engfish, Danes or British, in every region of my dominion.] The regulations then foUow, enacting that every one should be put under "borh," and for the appointment of jurats, by whose testimony sales of property were to be legalized. He concludes, "and let this also be common to aU of us who dweU in this island.... Let it be observed by Earl Oslac, and all the Host that dweUeth in his government. Many copies are to be made of this original statute, and they are to be sent to Ealdorman Elfhere, and to Ealdorman Egelwine, or Aylwin. And they are to disperse or promulgate them in such manner that the counsel be known to aU, rich and poor." 7 Sas eaca sy us eallum gemaene pe on Sissum iglandum wuniaS. ponne fyrSrige Oslac eorl 7 eal here, J?e on his ealdordome wunaS.... 7 write man manega gewrita be Sisum 7 sende aegSer ge to Mlfere, ealdormen ge to Mgelwine ealdormen, 7 hi gehwyder paet pes raed cuS sy aegper ge earmum ge eadigum.2 [And let this supplement be common to aU of us who live in these islands. Wherefore let Earl Oslac and aU the army who dwell within his jurisdiction promote [the maintenance of this law].. ..And let many copies of this be prepared, and be sent as well to Alderman Aelfere as to Alderman Aegelwine, and let these in turn circulate them, so that this ordinance be known to poor and rich.] It was in this manner that statutes were after wards promulgated by Writ of Proclamation addressed to the Sheriff or Vicecomes, as here to the Earl or Alderman. Such instances of the con tinuance of legal usages subsisting through the period of the conquest, may lead us to suspect that many portions of the constitution and jurisprudence of the Anglo-Norman age are really much more ancient than they appear to be, — or than we can venture to affirm. 975 ©bgar dies in the nineteenth year of his reign in 410 Proofs and Illustrations Part II. WESSEX.The Martyr ffifitoati. Mercia and Northumbria, and in the second year of his reign over aU England. 975 (£bfoar&, eldest son of (!Buqar, and Ethelred, his second son, severaUy chosen to succeed him by the nobles, amongst whom great dissensions arise, but the former having been designated by Edgar as his successor, he is accepted as King in a great councU, and consecrated accordingly, being about thirteen years old. At Rex Edgarus immatura morte praereptus, Edwardum filium suum et regni et morum haeredem reliquit. In cujus electione dum quidam principes palatini acquiescere noUent, Dunstanus correpto crucis vexillo, . . .Edwardum illis ostendit, elegit, sacravit, &c. (Osbernus in Vita Dunst. c. 8.) [But King Edgar, cut off by an early death, left Edward his son heir both to his throne and to his character. But while some leading men at the Court refused to acquiesce in his election, Dunstan, seizing the standard of the Cross, shewed Edward to them, elected him, consecrated him, &c. (Osbem, Life of St. Dunstan, c. 8.)] De rege eligendo magna inter primores regni oborta est dissensio. Quidam namque regis fifium Edwardum. quidam vero fratrem Ulius elegerunt Mthelredum, quam ob causam, Archiepraesules Dunstanus et Oswald us cum Chorepiscopis, Abbati- bus, Ducibusque quam plurimis in unum convenerunt et Eadwardum. ut pater ejus praeceperat, elegerunt; electum eonsecraverunt. et in regem unxerunt. (Flor. Wigorn.) [A great dissension arose among the noblemen of the Kingdom regarding the election of a King. For some chose Edward, the King's son, others again chose his brother Ethelred; wherefore Archbishops Dunstan and Oswald together with the suffragan bishops and .abbots and a great many Dukes met together and eleoted Edward, as his father had ordered, and having elected bim, consecrated and anointed him King. (Florence of Worcester.)] I Hum Dunstanus, et ca?teri Episcopi consentanei, regali culmine sublimarunt, contra voluntatem quorundam, ut aiunt, optimatum et noverca?. (Will. Malm, de Gestis Regum, ii. 9.) Proofs and Illustrations 411 [Him Dunstan and the other Bishops in agreement with him, Part II. raised to the royal throne, contrary to the wishes of some of wessex. the nobles, it is said, and also of his step-mother. (WiUiam of ©jfoatU. Malmesbury, Acts of the Kings, ii. 9.)] 978 — March 18. (£btoartl killed at Corfe by the commands of Elfrida. (SBtyeltttl Atheling, his brother, succeeds to the kingdom ffittjelrrtj. — consecrated at Kingston. Indictione sexta, die Dominica xviu Kal. Man, post paschalem festivitatem a Sanctis Archipraesufis Dunstano et Osiualdo, et decem Episcopis in Kinge- stune ad regni fastigium est consecratus. (Sim. Dunelm.) [In the sixth indiction, on Sunday April 14th, after the festival of Easter, he was consecrated to the throne of the Kingdom by the holy Archbishops Dunstan and Oswald and by ten Bishops, at Kingston. (Simeon of Durham.)] 1007 Edric Streona appointed "Prefect" of Mercia by ©thelitis. 1013 Northumbria, which up to this time appears to have sweyne. continued subject to Ethelred, submits to SWEYNE, together with Lindesey and the five Burghs, and all the Host north of Watling-street, and receive him as "full king." Sweyne advances to the West — Eihelmar, the Alderman of Devon, and aU the Western Thanes, submit to bim, and the Burhwaru of London also. Ethelred takes refuge in Normandy with the Ethelings, aet he heom hold hlaford beon wolde. 7 aelc baera pinga betan pe hi eaUe ascunedon. 7 aelc paera binga forgif an beon sceolde pe him gedon oSSe gecweften waere. wis bam pe hi eaUe anraedlice buton swicdome to him gecyrdon. [Then the King sent his son Eadward hither with his messen gers, and bade them greet aU his people, and said that he would be to them a gracious lord ; and reform aU those things which they abhorred, and aU things which had been done or spoken against him should be forgiven, if only they aU with one consent sincerely turned to him.] 1015 Canute ravages Wessex, of which the greater part appears to have submitted to him. 1016 War throughout the kingdom between Edmund and Canute. Northumbria submits to tbe latter. ffitfielWu' dies. The Burgesses of London and part of the Witan choose ©tftttutlh' as their King, edmund. 414 Proofs and Illustrations Part n. CANUTE elected by the rest of the Kingdom. wessex. Wessex submits to Edmund — Battle of Ashingdon edmund. - -EDMUND becomes King of Wessex— CANUTE of Mercia and the North a. Edmundus, inde pene solus pedem referens, Glocestriam venit, ut ibi recoUectis viribus, hostes recenti victoria otiosos sicut putabat, aggrederetur. Nee Onutoni audacia defuit, quin fugientem in- sequeretur. Ita, cum infestis signis constitissent, Edmundus singularem pugnam petiit, ne duo homunculi propter ambitionem regnandi tot sub- jectorum sanguine culparentur, cum possent sine dispendio fidelium suorum fortunam experiri. Magnam utrilibet laudem futuram, qui suo potissi- mum periculo tantum regnum nancisceretur. Haac cum Cnutoni renunciarentur, abnuit prorsus, pro- nuncians, animo se quidem exceUere, sed contra tam ingentis mobs hominem corpusculo diffidere; verum, quia ambo non indebite regnum efflagitent, quod patres amborum tenuerint, convenire pru- dentiae, ut depositis animositatibus Angliam par- tiantur. Susceptum est hoc dictum ab utroque exercitu, et magno assensu firmatum, quod et aequitati conquadraret, et mortalium paci tot miseriis defatigatorum placide consuleret. Ita Edmundus unanimi clamore omnium superatus. concordie indulsit, fcedusque cum Cnutone per- cussit, sibi W estsaxoniam , illi concedens Merciam. (Will. Malm, de Gestis Regum, ii. 10.) [Edmund returning thence almost alone came to Glou cester, so that, having reassembled his forces there, he might attack his enemies who, as he thought, had become leisurely in consequence of their recent victory. Nor did Canute prove deficient in boldness in pursuit of his enemy. Accordingly when they were drawn up in hostile array, Edmund demanded a single combat, so that two mere mortals, through their ambitious designs on the throne, should not be held responsible for the blood of so many subjects, when it was possible to try the a Simeon of Durham's narrative of Canute's accession contains many important particulars, which he detaUs more clearly than the other chroniclers. Proofs and Illustrations 415 issue without the loss of their own faithful followers. He Part II. assured him that great praise would be showered on whichever wessex. of the two won so great a Kingdom chiefly at his own risk. EDMUND- When this message had been conveyed „ to Canute, he flatly refused, saying that he was far from wanting in courage, but that against a man of such bulk he did not place any confidence in his puny frame, but, as both of them demanded the throne not without some show of right, seeing that the fathers of them both had held it, it was only compatible with prudence that they should lay aside their quarrels and divide England between them. This speech was taken up by both armies and received approval with loud shouts, because it both squared with equity and calmly consulted the peaceful interests of mortals worn out by so many miseries. Thus Edmund overcome by the unanimous shouts of all, gave way to concord and struck a treaty with Canute, taking to himself Wessex, and conceding to Canute Mercia. (WiUiam of Malmesbury, Acts of the Kings, ii. 10.)] Florence, who places the scene of the pacification on the site of Olney1, thus describes the partition : — West Saxoniam, East Angliam, East Saxoniam, cum Lundonia civitate et totam terram ad australem partem Thamesis fluminis obtinuit Edmundus, Canuto aquUonares partes Anglian obtinente ; corona tamen Regi Edmundo remansit. [Edmund held Wessex, East Anglia, Essex with the town of London and aU the land on the southern side of the river Thames, while Canute held the northern portions of England ; the crown however remained with King Edmund.] So that Canute was to be considered as subject to Edmund's supremacy. 10161— Nov. 30. SiMunr; dies, Canute, by the assent of Canute. 1017] the Witan, takes the whole of the kingdom, which he divides into four governments, viz. Wessex, which he retains to himself, and East Anglia, Mercia, and Northumbria, respectively given to THURKYLL, EDRIC and ERIC. (See Northumbria.) 1033 The Scots rebel. Canute marches into Scotland, and MALCOLM, MMLBMTHA, and J EH MARC, become his vassals. 1031 This year King Cnute traveUed to Rome — and as soon as he came home he proceeded to 416 Proofs and Illustrations Part ii. Scotland, and Malcolm, King of the Scots, submitted wessex. to him, and became bis mana — [and Scotta Cyng Canute, him to beah Maelcolm and wearth his mann] and two other Kings, Manlbonthe and Iehmarc, also. (Sax, Chron.) 1033 [Cnui] Roma rediens perrexit in Scotiam et Melcolm Rex Scotice subditus est ei, et duo alii reges, Melbeathe et Jermarc. (Hen. Hunt.) [1033 Canute, returning from Rome, proceeded to Scotland and MalceAm, King of Scotland, was made subject to him, and two other Kings, Melbeathe and Jehmarc. (Hemy of Hunting don.)] 1033 Cnuto Rex potentissimus, a Roma rediens, contra Scotos rebellantes hostUem expeditionem duxit, et Malcolmum regem cum duobus afiis regibus levi negotio superavit. (Flores Hist.) [1033 The most powerful King Canute, returning from Rome, led an hostUe expedition against the rebellious Scots, and with little difficulty overcame Malcolm the King with two other Kings. (Flowers of the Histories.)] Canutus erat autem dux totius Dacice, totius Anglice, totius Norwagice, simul et Scotia?. (Diceto.) [Canute was however the Head of the whole of Dacia, of the whole of England, of the whole of Norway, as well as of Scotland. (Ralph of Diss.)] 1033 Non enim hactenus Anglorum regi Cnutoni, quia regnum invaserat.pro Cu mbria Duncanus,qu&n- quam iterum et iterum ab eo summonitus, hominium fecerat : quia non inde sibi de jure, sed regibus Angligenis fidem deberi, rescripsit. Qua propter, a Romana peregrinatione rediens. confestim magna cum armatorum potentia, Cumbriam suo subdendam dominio pedetentim advenit. Cui Rex Malcolmus, forti pnvsidio suffultus. obviam perrexit, aeque per omnia paratus ad pugnam : sed Deo volente, pnvsidum ac ceterorum interventu proborum ad banc qiuv scquitur adducti sententiam conveniunt, ut videlicet regis nepos Duncanus Cumbrice dominio a One manuscript, employed by Dr. Ingram, adds, "ac he that lytle hwile heold."1 Proofs and Illustrations 417 hbere, sicut predecessorum afiquis liberius tenuit Part n. de cetero gaudeat in futurum : dum tamen ipse, wessex. futurorumque regum heredes, qui pro tempore Canute. fuerint, regi Cnutoni ceterisque suis successoribus Anglorum regibus, fidem consuetam faciant. Et sic ab invicem in pace discedunt per omnia con- cordati. (Scotichron. iv. 46.) [1033 For up to that time Duncan had not done homage to Canute, the King of the English, because he had usurped his Kingdom, on behalf of Cumbria, although he had been sum moned by him again and again; because he wrote in reply that he did not owe allegiance rightly to him but to English- bom Kings. Wherefore, immediately on his return from a pilgrimage to Rome, he came gradually with a large force of armed men to Cumbria to subdue it to his lordship. King Malcolm went to meet him, supported by a strong guard in every way equally prepared to fight ; but by the wiU of God and guided by the intervention of the Bishops and the other good men, they arrive at this decision, namely that Duncan the King's nephew should enjoy in the future the lordship of Cumbria, just as one of his predecessors had most freely enjoyed it; provided only that he himself and the heirs of the future Kings, which should reign from time to time, should perform to Canute the King and to his successors, the other Kings of Eng land, the accustomed allegiance. And thus they depart in peace, each his own way, in absolute agreement. (Fordun, iv. 46.)] 1033 Genuit autem Duncanus avi sui diebus, ex consanguinea Siwardi Comitis, duos fifios Malcolmum scilicet Canmore, latine vero, Grossum Caput, et Donaldum Bane. Cui Malcolmo Cumbrian regionem, pater, statim ut coronatus est, donavit. (Scotichron. iv. 49.) [1033 Duncan however begat two sons in the life of fiis grandfather, their mother being of the kindred of Earl Siward —Malcolm to wit Canmore, in the Lathi tongue, Grossum Caput (Big-head), and Donaldbane. And to this Malcolm, his father, immediately after his coronation, presented the province of Cumbria. (Fordun, iv. 49.)] 1035 CANUTE dies, having appointed Harold Harefoot, harold^ his son by Alfwen, the daughter of Elfhelm, Ealdor man of Hampshire, to succeed him in England — Great CouncU or Meeting of aU the Witan held at p. vn. 27 418 Proofs and Illustrations Part ii. Oxford. Leofric, Earl of Mercia, and the Thanes wessex. north of Thames, and the Lithsmen of London, hardacnute. choose HAROLD, but Godwin and the Nobles of Wessex oppose this choice, and choose HARDA CNUTE, whom Canute had appointed King of Denmark and of the Danes in England. A com promise is effected, HARDACNUTE is appointed King of Wessex1. Anno Dominicae Incarnationis mUlesimo tricesimo sexto Haroldus, quem fama fifium Cnutonis ex filia Elfelmi Comitis loquebatur, regnavit annis quatuor et mensibus totidem. Elegerunt eum Dani et Lon doniae cives, qui jam pene in barbarorum mores propter frequentem convictum transierant. Angli diu obstiterunt; magis unum ex filiis Ethelredi, qui in Normannia morabantur, vel Hardecnutum filium Cnutonis ex Emma, qui tunc in Danemarchia erat, regem fiabere volentes . Maximus tunc propugnator justitiae fuit Godwinus Comes, qui etiam pupUlorum tutorem se professus, Reginam Emmam et regias gazas custodiens, resistentes umbone nominis sui afiquamdiu dispulit, sed tandem, vi et numero impar, cessit violentia?. Haroldus, sceptro con- firmato, novercam exifiavit. (WiU. Malm, de Gestis Regum, ii. 12.) [In the year 1036 of our Lord's Incarnation Harold, who report says was the son of Canute by the daughter of Earl Mlfhelm, reigned for four years and as many months. The Danes and the citizens of London chose him, for the latter had almost by this time been transformed into the manners of the barbarians through constant intercourse. For a long time the English stood out, preferring to have as King one of the sons of Ethelred, who were in Normandy, or Hardacnute, the son of Canute by Emma, who was then in Denmark. At that time the greatest champion of justice was Earl Godwin, who also pro fessed himself to be the tutor of the orphans and at the same time the guardian of Queen Emma and the royal treasures; with the shield of his name he for some time put to rout his opponents, but at length proving unequal to force of numbers, he yielded to violence. Harold, when his rule was established, exiled his step- mother. (William of Malmesbury, Acts of the Kings, ii. 12.)] Proofs and Illustrations 419 1037 HAROLD, King of Mercia and Northumbria, chosen Part II. to be King over aU England. wessex. 1040 HAROLD dies. HARDACNUTE invited by the barefoot. "Proceres," and acknowledged as King of all ^££CNUTE England by Danes and English. 1042 HARDACNUTE dies at Lambeth. 4Bufoat& the (rates Confessor chosen by tbe Clergy and Proceres, but the Confessor- chiefly by the influence of Earl GODWIN, and of Livingus, Bishop of Worcester. According to the Saxon Chronicle, before Harda cnute was buried, "eall folc geceas Eadward to Cynge " [the whole people chose Edward for King]. The interpretation of this expression is found in Malmesbury, and the other authorities. Archbishop Eadsie consecrated him. — [7 toforan eaUum }?am folce hine wel iaerde. 7 to his agenre neode 7 eaUes folces wel manude. — And in the presence of aU the people gave him good instruction, and for his own and all the people's need well admonished him]. The influence exercised by Godwin is ascertained from other authorities. Hardecnuto mortuo, Eadwardus, tam tristi nuncio accepto, incertumque fluctuans quid ageret, quo se verteret nesciebat. Multa volventi potior sen tentia visa, ut Godwini consilio fortunas suas trutinaret. Conventus Ule per legataries ut pace pra?fata coUoquerentur, diu hesitabundus et cogi- tans, tandem non abnuit : venientem ad se conan- temque ad genua procumbere allevat, Hardecnuti mortem exponentem orantemque in Normanniam reditus auxilium, ingentibus promissis onerat ; melius esse, ut vivat gloriosus in imperio, quam ignominiosus moriatur in exilio ; ilium Ethelrecli filium, Eadgari nepotem ; jure ei competere regnum aevo maturo, laboribus defaecato, scienti administrare principatum per aetatem severe, miserias provin- cialium pro pristina egestate temperare ; id quo minus fiat nihil obstare, si sibi credendum putet; suam auctoritatem plurimum in Anglia ponderari ; quo se pronior incfinaverit, eo fortunam vergere ; si auxilietur, neminem ausurum obstrepere, et e 27—2 420 Proofs and Illustrations Part II. WESSEX. eEUtoarti the Confessor. converse. Paciscatur ergo sibi amicitiam solidam, fifiis honores integros, filia? matrimonium; brevi futurum ut se regem videat, qui nunc vita? nau- fragus, exul spei, alterius opem implorat. Nihil erat, quod Edwardus pro necessitate temporis non polliceretur ; ita, utrinque fide data, quicquid petebatur sacramento firmavit. Nee mora, Gilingeham congregate concilio, rationibus suis explicitis regem effecit, hominio palam omnibus dato. Homo affectati leporis, et ingenue gentilitia lingua eloquens, mirus dicere, mirus populo persuadere qua? placerent. Quidam auctoritatem ejus sequuti, quidam muneribus flexi, quidam etiam debitum Edwardi amplexi, pauci qui praeter aequum et bonum re-titere, et tunc censorie notati et post modum ab Anglia expulsi. (Will. Malm, de Gestis Regum, ii. 13.) [Hardacnute being dead, Edward on receipt of such sad news wavered in perplexity as to how he should act, and did not know whither to turn, x^fter much pondering, the best course seemed to direct his fortunes by Godwin's advice. When the latter had been summoned by messengers to a conference on a friendly understanding, he did not in the long run refuse, though he remained for a long time in hesitation and dehberation. On Edward's coming to him and attempting to throw himself at Godwin's knees, he raises him up, and when he dwelt on Harda- cnute's death and implored his help in securing a return to Normandy, he loads him with large promises. Better, he said, to live famous as a King than to die an obscure exde ; he was the son of Ethdred, the grandson of Edgar : the Kingly office was coming to him by right in his maturity, purified by his sufferings and by his years knowing how to exercise supreme authority in all seriousness, and out of his former experience of poverty to alleviate the wretchedness of Ins subjects : there was nothing to prevent this being done if only he thought fit to put his trust in him ; his influence had the greatest weight in England, on whatever side he threw it, success would incline that way; if he but lent his aid, none would venture to raise his voice agamst it, and the converse. He should therefore bargain for a sub stantial friendship for himself, for Godwin's sons new honours, for Codw in's daughter a marriage; in a short time it would be brought to pass that he should see himself King, who now was Proofs and Illustrations 421 imploring the aid of another, shipwrecked in life and exUed part II. from hope. wessex. There was nothing that Edward would not promise to meet ffilirjatS the need of the moment; and so, when both of them had given security, he guaranteed by an oath whatever was asked. Without delay a councU was convened at Gillingham and after all his reasons had been explained, he made him King, aU men openly rendering him homage. Godwin was a man of studied wit and spoke his native tongue nobly ; a wonderful speaker, wonderful in guiding the decisions of the people. Some bowed to his influence, some were persuaded by his gifts, some also embraced the rightful cause of Edward; a few there were who resisted him contrary to justice and right, and these, who were then noted down with displeasure, were afterwards banished from England. (WUliam of Malmesbury, Acts of the Kings, ii. 13.)] 1042 Rex Anglorum Hardecanutus, dum in convivio in quo Osgodus Clapa, magna? vir potentiae, filiam suam Githam, Danico et praepotenti viro Tovio, Prudan cognomento, in loco qui dicitur Lamhithe, magna cum laetitia tradebat nuptui, laetus, sospes, et hilaris cum sponsa praedicta, et quibusdam viris, bibens staret, repente inter bibendum miserabili casu ad terram corruit, et sic mutus permanens, sexto idus Junii, feria tertia, expiravit, et Wintoniam delatus, juxta patrem suum regem Canutum, est tumulatus. Cujus frater Eadwardus, annitentibus maxime Comite Godwino, et Wigornensi praesule Livingo, Lundonice levatur in regem. Cujus pater Mihelredus, cujus pater Eadgarus, cujus pater Eadmundus, cujus pater Eadwardus Senior, cujus pater Alfredus. (Flor. Wigorn.) [1042 Hardacnute King of the English, while he stood at his drink at a feast in which Osgod Clapa, a man of great power, was with great joy giving the hand of his daughter Gytha in marriage to Tofig the Proud, a very powerful Dane, in the place which is caUed Lambeth — hUarious, full of health and joking with the aforesaid bride and with certain men — suddenly while he was in the act of drinking, collapsed to the ground in a fearful attack, and so remaining speechless, died on Tuesday, the 7th of June, and having been brought to Win- 422 Proofs and Illustrations Part II. Chester was buried by the side of his father King Canute. And WESSEX. his brother Edward, principaUy through the support of Earl (tEBtonvli Godwin and Lyving, the Bishop of Winchester, was raised to the the Confessor. throne at London. And his father was Ethelred, the son of Edgar, the son of Eadmund, the son of Edward the Elder, the son of Alfred. (Florence of Worcester.)] The narrative in Flores Histor. is nearer to the Chronicle than Florence of Worcester : — Cujus frater Eadwardus, annuente clero et populo, Londonis in regem eligitur, et ab Arcbiepiscopis Cantuariensi Eadsio et Ebor. Mlfrico, cum sibi subjectis episcopis, prima die Paschon, in regem apud Win toniam consecratur. [And his brother Edward with the concurrence of the clergy and people was elected King at London and was consecrated King at Winchester by Eadsige and Mlfric, the Archbishops of Canterbury and York, with aU the bishops under their authority, on the first day of Easter.] The Ramsey Chronicle (cap. 102) seems to contain an independent account, perhaps written by a con temporary. The omission of the name of the Archbishop of York was probably occasioned by bis being considered merely as an assistant. Igitur post Hardecnutum, praedictus frater ipsius ex matre Mdivardus a proceribus Anglice in regem electus, prima die solemnis Pascha?, ab Edsio Dorobernice Archiepiscopo apud Wintoniam sacratus est et coronatus. Erat autem vir simplex et rectus, in Dei rebus strenuus ; vir, qui propter -mansue- tudinem innatam, vix etiam injuriis impetitus nosset irasci, unde, quia sine severitate causali nullum congrue regi potest imperium, pluribus propter indulgentiam ejus et simpficitatem parum idoneum eum ad tractanda regni negotia arbi- trantibus, Deus tamen opera ejus dirigens, et imperium timeri ct majestatem ejus ab omnibus fecit adorari. (Hist. Rams, ut supra.) [AiterH a rda canute therefore, his above-mentioned brother by the same mother, Edward, was elected King by the nobles of England, on the first, day of tfie feast of Easter, and was con- seorated and crowned at Winchester by Eadsige, Archbishop of Proofs and Illustrations 423 Canterbury. Moreover he was a simple and upright man, zealous Part n. in God's service, a man who through his natural clemency WESSEX. scarcely knew how to be angry even when injuriously attacked ; ffi&inarl! 7 , , r. . 7 7 x • , the Confessor. wherefore, because no rule befitting a king can be sustamed properly without severity befitting tfie case, many men thought that he was little suited to carry on tfie business of government on account of his indulgence and simplicity, but God however was the director of his acts and made his rule feared and his majesty adored by aU. (Chronicle of Ramsey, as above.)] 1043 ©ufoartl consecrated at Winchester on Easter Day. 1043 Quamvis Edwardus vel deses, vel simplex putaretur, habebat comites, qui eum ex humUi in altum conantem erigerent: Siwardum North- animbrensium, qui ejus jussu cum Scottorum rege Makbetha congressus, vita regnoque spoliavit; ibidemque Malcolmum filium regis Cumbrorum regem instituit. Leofricum Herefordensium, qui eum contra simultates Godwini favore magnifico tutabatur, quod iUe fidente conscientia meritorum minus regem revereretur, Leofricus cum conjuge sua Godifa in Dei rebus munificens monasteria multa constituit; Coventrian Sanctae Marian, Stow, Wenelok, Leonense, et nonnuUa alia; caeteris ornamenta et predia, Coventrian corpus suum cum maximo apparatu auri et argenti delegavit. Haroldum Westsaxonum filium Godwini, qui duos fratres reges Wallensium, Ris et Griffinum, soUertia sua in mortem egerit ; omnemque iUam barbariem • ad statum provincia? sub regis fide redegerit. (WiU. Malm, de Gest. Regum, ii. 13.) [1043 Although Edward was considered either sluggish or simple, he had Earls to set him on his feet, when he made an effort to erect himself, namely Siward, Earl of the North umbrians, who at his command had attacked Macbeth King of the Scots and spoUed him of life and kingdom; and in the same place made Malcolm, the King's son, King of the Cumbrians; Leofric also, Earl of Hereford, who with a high- minded goodwill used to safeguard him against the rivalry of Godwin, because he, with a conscious trust in his good deeds, shewed too httle respect for the King. Leofric, with his wife Oodiva, was bountiful in aU the works of God and founded 424 Proofs and Illustrations Part II. WESSEX. tfDbwti the Confessor. many monasteries; Saint Mary at Coventry, Stow, Wenlock, Leominster and some others. To the others he gave ornaments and lands, to Coventry his own body with much provision of silver and gold; likewise Harold, Earl of the West Saxons, the son of Godwin, who, with his usual astuteness, had driven to death the two brother Kings of the Welsh, Rhys and Griffin; and he reduced all that barbarous country to the status of a province under the King's allegiance. (William of Malmesbury. Acts of the Kings, ii. 13.)] 1054 MALCOLM appointed King of Scots by ©ofoatu'S aid and authority. 11)54 Strenuus Dux N orihanhimbrorum Siwardus, jussu regis, cum equestri exercitu et classe valida Scotiam adiit, et cum rege Scotorum Macbeoiha praelium commisit, ac multis millibus Scotorum et Normannis omnibus, quorum supra mentionem fecimus, occisis, iUum fugavit, et Malcolmum regis Cumbrorum filium, ut Rex jusserat, regem con- stituit. In eo tamen praelio suus filius et multi Anglorum et Danorum ceciderunt. (Flor. Wigorn.) [1054 Siward, the vigorous Duke of the Northumbrians, at the King's command, went to Scotland with an army of horse men and a strong fleet, and joined battle with Macbdh, King of the Scots; and after many thousands of the Scottish soldiers and aU the Normans (whom we have mentioned above) had been kUled, he routed him and established Malcolm, the son of the King of the Cumbrians, on the throne, in accordance with the King's orders. In that battle however his own son apd many English and Danes fell. (Florence of Worcester.)] 1054 Dux Northanimbrorum Siwardus, jussu regis Edirardi, Scotiam cum multo exercitu intrans, praelium cum rege Scottorum, Macbeth, committens, ilium fugavit, et Malcolmum, ut Rex jusserat, Regem constituit. (Mailros.) [1054 Siward, the Duke of the Northumbrians, at the bidding of King Edward, entered Scotland with a large army and joining battle with Macbeth, King of the Scots, routed him and set up Malcolm as King, as the King had ordered. (Chroniole of Melrose.)] Proofs and Illustrations 425 1054 Eodem anno, ex praecepto regis Edwardi, Part n. strenuus Dux Northanhumbrorum Siwardus, exer- wessex. citum grandem in Scotiam ducens, regem Machbo- ^foaiS ' & the Confegsor. turn de regno suo fugavit, multis Scottorum milbbus interfectis, cum Normannis omnibus. Rex igitur Eadwardus regnum Scotice dedit Malcolmo, filio regis Cumbrorum, de se tenendum. (Flores Hist.) [1054 In the same year, in accordance with the command of King Edward, Siward, the vigorous Duke of the Northumbrians, led a large army into Scotland and drove Macbeth the King in flight from his Kingdom, after slaying many thousands of Scots together with aU the Normans. King Edward therefore gave the throne of Scotland to Malcolm, the son of the King of the Cumbrians, to be held of himself. (Flowers of the Histories.)] 1056 "GRIFFIN," King of tbe Welsh, becomes ffiuroartTs vassal. 1056 " Earl Leofric and Earl Harold, and " Bishop Ealdred, came against the Welsh, and " concluded a settlement between them and the " English. So that Griffin swore oaths that he " would behave himself towards King Edward, " as a true ' Under-King,' and without deceit. "a (Sax. Chron.) Swa pat Griffin swor aSas pat be wolde beon Eadwarde Kinge hold underkinge 7 unswicigende. [So that Griffin swore oaths, that he would be to King Edward a devoted and loyal under-king.] 1063) BLETHYN and RYWALLON, Kings of the Welsh, 1064] become the vassals of , and also of HAROLD, as Earl of Wessex. 1063 In this year, about harvest time, King Griffin was slain, "on nonas Augusti," by bis own subjects (fram his agenum mannum). He was King over all "Weal cyn," and tbey brought his head to Earl Harold, and Earl Harold brought it to the King and King Edward bestowed the a That is to say, in the form and to the effect of the customary oath of fealty. 426 Proofs and Illustrations Part II. WESSEX. (Fotoarti the Confessor. land upon his two brothers, Blethgente and Rigwat- lana. And they swore oaths, and gave hostages to the King and to the Earl, that they would be faithful to them in aU things, and everywhere ready to aid them by sea and land, and they would perform such obfigations in respect of the country, as ever was done before to other kings. (Sax. Chron.) 1064 Rex Norwalanorum Griffinus a suis inter- ficitur, ct caput ejus caputque navis illius cum ornatura1 Comiti Haroldo mittitur,; qua? mox Ule regi Edwardo detulit. Rex vero Edwardus terram regis occisi, duobus fratribus suis Bleothgenti et Rithwalano, ea conditione concessit, ut fideles illi semper existerent. quod et per sacramentum et obsidibus datis confirmarunt. (MaUros.) [1064 Griffin, King of the North Wdsh, was put to death by his own subjects and his head and the beak of his ship were sent to Earl Harold with its ornament ; who soon brought them to King Edward. King Edward granted the land of the murdered King to his two brothers, Bleotkgent and Rithwalan, on condition that they should always remain faithful to him. And in confirmation of this they swore oaths and gave hostages. (Chronicle of Melrose.)] 1064 Rex Walanorum Griffinus non. Augusti a suis interficitur, et caput ejus caputque navis ipsius cum ornatura Comiti Haroldo mittitur, qui mox ilia regi detidit Eadwardo. Quibus gestis, suis fratribus Blethgento et Rithwalano Rex terram Walanorum dedit. Cui, et Haroldo comiti fideli- tatcm illi juraverunt, et ad imperium Ulorum man terraque se fore paratos. ac omnia qua? prius de terra ilia regibus anterioribus fuerant pensa, obedient er sc pensuros spoponderunt. (Flor. Wigorn. Sim. Dunelm. de Gestis.) [1064 Griffin, King of the Welsh, was put to death by his own subjects on the 5th of August, and his head and the beak 1 Blelhyn and Eywallon, the sons of Cenfyn, half brothers to Griffin or Gruffydh. (Wynne's Caradoc, p. 96.) Proofs and Illustrations 427 of his ship were sent to Earl Harold with its ornament, and he Part II. soon "conveyed them to King Edward. Whereupon, the King WESSEX. gave the land of the Welsh to his brothers, Blethgent and ffiStoatB Bithwalon. And they swore fidelity to him and to Earl Harold and promised that they would be ready to perform their commands both on land and sea and obediently pay aU the obligations concerning that land, that had been paid by the former Kings. (Florence of Worcester. Simeon of Durham, History of the Kings.)] 1064 Gens Wallanorum, nonas Augusti, inter- fecto Rege suo Griffino, caput ejus Duci Haroldo miserunt, quod mox Haroldus ad regem Eadwardum transmittens alium Wallensibus regem praefecit, qui Eadwardo regi fidelitatem praestito faciens juramento, omnia quae regibus Anglorum solvi consueverant ipse fideliter se pensurum spopondit. (Flores Hist.) [1064 The people of Wales put their King Griffin to death on the 5th of August, and sent his head to Earl Harold, and when Harold had soon sent it on to King Edward, he appointed another King over the Welsh, who, tendering fealty to the King and taking an oath, promised that he would faithfuUy discharge every obligation which had usuaUy been paid to the Kings of the English. (Flowers of the Histories.)] 1064 Griffinus Rex Wallensium a suis occiditur, et caput ejus cum rostro navis ipsius Haroldo destinatur, cujus fratribus Blithgento et Ruihis Rex Edwardus dedit, et fidelitate jurata pro servitio regno Anglice debito singulis annis praesto persolvendo Walliam tenendam sibi et posteris suis pacifice concessit. (Ingulphus, p. 68.) [1064 Griffin, King of the Welsh, was slain by his own subjects and his head together with the beak of his ship was despatched to Harold, and King Edward gave the land to Griffin's brothers, Blethgent and Ruthis, and granted Wales to them to be peacefuUy held by them and their heirs, when they had sworn to perform forthwith their bounden service annuaUy to the throne of England. (Ingulphus, p. 68.)] The Welsh laws and Triads acknowledge the tribute rendered to tbe King of England, or of "London." 428 Proofs and Illustrations Part II. WESSEX. fftrmarS the Confessor. HAROLD. Si quis de aliena patria fecerit regi Aberffraw injuriam, i.e. Sarhaed1, reddat ei lxiii libras, et de hac causa quod tantum est Mechdeyrnged, quod debet Rex Aberffraw reddere semel regi Londonice cum acceperit terram suam ab eo. (LL. Wallica?, Pref.) [If anyone of a foreign country shaU do harm to the King of Aberffraw, i.e. Saraad, let him pay him sixty-three pounds and, for this cause, namely that that sum is as much as the Mechdei/rue/ed which the King of Aberffraw was bound to pay once to the King of London when he accepted his land from him. (Laws of the Welsh, Preface.)] Tria sunt in tota Ca inbria tributa regalia ; primum Aberfraeia accipiet a Dimvora, meUe solvendum. Secundum tritico solvendum, accipiet a Maihra- vala, tertium est lxiii fibra? quae a rege Aberfravic? regi Anglice solvenda? sunt. (LL. Wallica?, ut supra.) [There are three royal tributes in the whole of Cambria ; the first — Aberffraw shaU receive tribute from Dynevor, to be paid in honey. The second, to be paid in wheat, it shall receive from Mathraval ; the third is sixty-three pounds, which must be paid by the King of Abtrjfraw to the King of England. (Laws of the Welsh, as above.)] 1066 Death of (Sofoaru. HAROLD consecrated as King. The mode of Harold's accession is stated with great diversity. Malmesbury is the strongest authority for asserting that Harold obtained the throne against the will of the legislature. And it must be recollected, that this writer was the contemporary of Edgar Atheling. — Recenti adhuc regalis funeris luctu, Haroldus, ipso Theophania? die, extort a a principibus fide, arripuit diadema, quamvis Angli dicunt, a rege concessum: quod tamen magis benevolentia quam judicio allegan cxistimo, ut illi haereditatem transfunderet suam cujus semper suspect am habuerat potentiam. Quamvis ut non celetur Veritas, pro persona quam gcrcbat regnum prudentia et fortitudine gubernaret, si legitime suscepisset. (Will. Malm, de Gestis Regum, ii. 13.) Proofs and Illustrations 429 [WhUe the mourning for the death of the King was stUl Part n. fresh, Harold, on the very day of Epiphany, forcing allegiance wessex. from the nobles, seized the crown, although the English declare harold. that it had aheady been granted him by the King; but this allegation I consider to be more the result of benevolence than of judgment, that he should transfer his heritage to one whose power he had always held in suspicion. However, not to conceal the truth, his personal worth was such that he would have governed the Kingdom with prudence and fortitude had he but received it in a legitimate fashion. (WUliam of Malmes bury, Acts of the Kings, ii. 13.)] Ordericus Vitalis foUows on the same side (iii. p. 492)1; and his statement must be taken as pro ceeding from an Engfishman, who, though dwelling in Normandy, retained all his national feeling. Post aliquot temporis, pia? memoriae Rex Eduar- dus, xxiv0 anno regni sui, nonas Januarii Lundonice defunctus est, et in novo monasterio, quod ipse in occidentali parte urbis condiderat, et tunc praecedenti septimana dedicari fecerat, prope altare quod beatus Petrus Apostolus tempore Melfiti Episcopi cum ostensione signorum consecraverat, sepultus est. Tunc Heraldus, ipso tumulationis die, dum plebs in exequiis ddecti regis adhuc maderet fletibus, a solo Stigando2 Archiepiscopo (quem Romanus Papa suspenderat a divinis officns pro quibusdam criminibus) sine communi consensu aliorum praesulum et comitum procerumque con secrates, furtim praeripuit diadematis et purpura? decus. Audientes autem Angli temerariam in- vasionem, quam Heraldus fecerat, irati sunt: et potentiorum nonnulli fortiter obsistere parati a subjectione ejus omnino abstinuerunt. Alii vero nescientes qualiter tyrannidem ejus (qua? jam super eos nimis excreverat) evaderent, et e contra considerantes quod nee Ulum dejicere, nee alium regem ipso regnante ad utilitatem regni substituere valerent, coUa ejus jugo submiserunt, viresque facinori, quod inchoaverat, auxerunt. [After some time King Edward, of pious memory, died in the 24th year of his reign, on the 5th of January at London, and was buried in the new monastery which he himself had buUt in 430 Proofs and Illustrations Part II. the western quarter of the city and had caused to be dedicated WESSEX. in the preceding week near the altar which the blessed Apostle harold. Peter, in the days of Bishop Mellitus, fiad consecrated with a shewing of signs. Then Harold, on the very day of his burial, while the people were stUl wet with tears at the funeral of their beloved King, consecrated by Archbishop Stigand alone (whom the Pope of Home had suspended from his sacred functions for certain charges) without the general consent of the other bishops and earls and nobles, seized by stealth the honour of the crown and purple. The English people, however, when they heard of the rash intrusion that Harold had made, were angry; and some of the more powerful nobles, ready to present a brave resistance, entirely refrained from making any subjection to him. Others, however, when they could not see how they could possibly escape his tyranny (which aheady had grown exceedingly over them) and considering on the other hand that they were neither strong enough to depose him. nor while he reigned, to substitute any other King to the profit of the Kingdom, bowed their necks to his yoke and increased his strength in prosecuting the evil deed which he had begun. (Ordericus Vitalis, in. p. 402.)] With these, in substance, agrees the account preserved in Flores Hist. Defuncto Eadwardo, Anglorum rege sanctissimo, ***** fluctuabant proceres regni, quem sibi regem praeficerent et rectorem. Quidam enim Gulielmo Normannorum Duci, quidam Comiti Haroldo, Godwini filio, alii autem favebant Eadgaro filio Eadwardi. Eadmundus vero, Latus- ferreum, rex naturahs de stirpe regum, genuit Eadwardum, Eadwardus Eadgarum. cui de jure debebatur regnum Anglorum. Sed Haraldus, vir callidus et astutus, intelligens quia nocuit semper differre paratis, in die Epiphaniae, qua Rex Ead wardus sepultus est, extorta fide a majoribus, capiti proprio imposuit diadema. (Flores Hist. p. 221.) [On the death of Edward, the most saintly King of the English .... the nobles of the Kingdom were in doubt as to whom they should make King and rider over them. For some favoured William, Duke of Normandy; some Earl Harold, the son of Godwin, while others favoured Eadgar, the son oi Eadward. Eadmund indeed. Iron-side, a rightful King descended Proofs and Illustrations 431 from Kings, begat Eadward, Eadward begat Eadgar, to whom part II. the Kingdom of the English rightfuUy belonged. But Harold, WESSEX. a cunning and astute man, knowing how harmful it always is harold. to delay when things are ready, on the day of Epiphany, when Edward the King was buried, forcing aUegiance from some nobles, placed the crown on his own head. (Flowers of the Histories, p. 221.)] An elegy on the death of the Confessor, inserted in the Anglo-Saxon Chronicle (it appears for the first time in Dr. Ingram's valuable edition), intimates that Harold was designated by Edward as his successor. It has been stated by a respectable cotemporary, that, according to the Saxon Chronicle, a part, if not all of the nobles chose him; but the text merely says, "Her wearth Harold Eorl eac to cynge gehalgod." [In this year also Earl Harold was haUowed king.] Such a choice, how ever, is affirmed by Florence of Worcester. Quo tumulato, Subregulus Haroldus, Godwini ducis filius, quem Rex ante suam decessionem regni successorem elegerat, a totius Anglian prima- tibus ad regale culmen electus, die eodem ab Aldredo Eboracensi Archiepiscopo in regem est honorifice consecratus. Qui mox, ut regni guber- nacula susceperat, leges niiquas destruere, aequas ccepit condere, Ecclesiarum ac monasteriorum patronus fieri, Episcopos, abbates, monachos, clericos colere simul ac venerari, pium, humilem, affabUemque se bonis omnibus exhibere, male- factores exosos habere. Nam ducibus, satrapis, vicecomitibus, et suis in commune praecepit minis- tris, fures, regni disturbatores comprehendere, et pro patriae defensione ipsemet et terra marique desudare. (Flor. Wigorn.) [After his burial, Harold, the King's deputy, son of Duke Godwin, whom the King had chosen as his successor before his death, was elected by the nobles of the whole of England to the summit of royal power and on the same day was consecrated King with due honour by Aldred, Archbishop of York. And he, soon after he had undertaken the reins of government, began to destroy the unjust laws and to institute just laws, to 432 Proofs and Illustrations Part ii. become a benefactor of Churches and monasteries, to befriend WESSEX. Bishops, Abbots, Monks, clergy and at the same time to honour harold. them, to shew himself pious, humble and affable to all good men and to hold all malefactors in detestation. He gave orders to all his high officers, Governors and Sheriffs and to all his ministers generaUy, to apprehend thieves, the disturbers of his Kingdom, and he himself laboured in the defence of the country, both on land and sea. (Florence of Worcester.)] Battle of Hastings. HAROLD is slain. Archbishop Aldred, and the "Burh-waru"of London, endeavour to secure the throne for Edgar Atheling, the legiti mate heir. William prevails against aU opposition. On Christmas day he is consecrated as King, at Westminster, by Archbishop Aldred; but before he is crowned, he promises to govern the community as weU as any king had best done before him, if they would on their part be faithful to him. On midwintres daeg hine halgode to kynge Ealdred arcebiscop on West mynstre, 7 he sealde him on hand mid Cristes bee. 7 eac swor, a?r pan pe he wolde pa corona him on heafode settan, hat he wolde bisne beodscipe swa wel haldan, swa a?nig Kynge astforan him betst dyde gif hi him holde beon woldon. [On Midwinter's day, archbishop Ealdred baUowed him King at Westminster, and he promised him on the Gospels, and also swore, before he would set the crown on his head, that he would rule this people as well as any king who before him had ruled best, if they would be faithful to him. (AS. Chronicle.)] I have given the sense in the text, but no modern equivalent can be found for the emphatic peod- scipe. Florence explains some of the obscurities of the vernacular chronicle. Aldredus autem Eboracensis Archiepiscopus, et Comites Eadwin us et Morearus cum civibus Lundon- iensilius ct butsccarlis1 Clitonem Eadgarum, Ead- inundi Fcrrci latcris nepotem, in regem levare voluerunt, ct cum eo se pugnam inituros pro- niiscrunt: sed dum ad pugnam descendere niulti sc paravcrunt, Comit es suum auxilium ab eis Proofs and Illustrations 433 retraxerunt, et cum suo exercitu domum redierunt. part n. Interea Comes Gulielmus Suthsaxoniam, Cantiam, wessex. Suihamtunensem provinciam, Suthregiam, Middel- saxoniam, Heortfordensem provinciam devastabat, et vUlas cremare, hominesque interficere non cessabat, donee ad vUlam, qua? Beorcham1 nominatur, veniret. Ubi Aldredus Archiepiscopus, Wulstanus Wigorn- ensis Episcopus, Cfito Eadgarus, Comites Eadwinus et Morcarus, et de Lundonia quique nobiliores, cum multis afiis ad eum venerunt, et datis obsidibus illi deditionem fecerunt, fidelitatemque juraverunt. Cum quibus et ipse fcedus pepigit, et nihilominus exercitui suo villas cremare, et rapinas agere per misit. Appropinquante igitur Dominicae Nativitatis festivitate, cum omni exercitu Lundoniam, ut ibi in regem sublimaretur, adiit. Et quia Stigandus Primas totius Anglice, ab Apostolico Papa calum niatus est pallium non suscepisse canonice, ipsa nativitatis die, qua? Ulo anno feria secunda evenit, ab Aldredo Eboracensium Archiepiscopo in West- monasterio consecratus est honorifice, prius (ut idem Archipraesul ab eo exigeb'at) ante altare Sancti Petri Apostoli coram clero et populo jure- jurando promittens, se veUe sanctas Dei ecclesias ac rectores illarum defendere, necnon et cunctum populum sibi subjectum juste et regali providentia regere, rectam legem statuere et tenere, rapinas injustaque judicia penitus interdicere. (Flor. Wigorn.) [However Aldred, Archbishop of York, and Earls Edwin and Morcar with the citizens of London and butsecarls wished to raise Edgar, the Atheling, the grandson of Edmund Ironside, to the throne ancl promised that they would fight on his behalf; but when many had got ready to go to battle, the Earls withdrew their help from them and returned home with their armies. MeanwhUe Duke William was laying waste Sussex, Kent, the region of Southampton, Surrey, Middlesex and the province of Hertford, and continued to burn towns and to slay men until he came to the township which is caUed Berk- hampstead. And here Archbishop Aldred, Wulstan, Bishop of Worcester, Edgar the Atheling and the Earls Edwin and Morcar and some notables from London with many others, came to p. vn. 28 434 Proofs and Illustrations Part II. him and surrendered to him, giving hostages and swearing WESSEX. fidelity. And he ratified a truce with them and in spite of this aUowed his army to burn towns and plunder. And so, on the approach of the Feast of our Lord's Nativity, he came with his whole army to London to be raised to the throne there. And because Stigand the Primate of the whole of England had been accused by the Apostolic Pope that he had received his pallium irregularly, on the very day of the Nativity, which in that year happened to be on Monday, he was consecrated with due honour by Aldred xArchbishop of York at Westminster, having first promised and sworn (as the Archbishop demanded of him) before the altar of St. Peter the Apostle in the presence of the clergy and the people, that he was willing to defend the holy churches of God and their rulers, and likewise to rule the whole people subject to him justly and with kingly providence, to institute and uphold just laws and to utterly put a stop to all rapine and unjust judgments. (Florence of Worcester.)] Interempto Heraldo, Stigandus Contuariensis Archiepiscopus. et praeclari Coniites Eduinus et Morcarus, aliique Primates Anglorum, qui Senlacio beUo non interfuerunt, Edgar um Clitonem, filium Eduardi ... filii Edmundi Irneside, id est Ferrei- lateris, regem statuerunt ; et cum eo contra externos hostes pro patria et gente se fortiter pugnaturos minati sunt. Porro Guillermus Dux ubi frequentiorem conventum eorum audivit, cum valida manu appropians non procul a Lundonia consedit; equitesque quingentos Ulo praemisit. Qui egressam de urbe contra se aciem refugere intra mcenia conipulerunt : et multa strage filiorum et amicorum facta, civibus ingentem luctum intulerunt. Incendiurn etiam urbana? cadi addi- derunt, et quidquid a?dificiorum citra flumen erat, cremaverunt. Dux autem Tamesim fluvium trans- meavit, et ad oppidum Guarengefort pervenit. Blue Stigandus Archiepiscopus, aliique nobiles Angli advenerunt; Edgarum abrogantes, pacem cum Guillelmo fecerunt, ipsumque sibi dominum suscepcrunt: et ipsi ab eo benigniter suscepti, pristinas dignitates et honores receperunt. Lun- douienses nihilominus utile consifium percipientes scsc in obsequium Ducis tradiderunt, et obsides Proofs and Illustrations 435 quos et quot imperarat adduxerunt. Edgarus Part II. Adelinus, qui Rex fuerat constitutus ab Anglis, wessex. resistere diffidens, humiliter Guillelmo se regnumque contulit. Hie vero, quia idem puer mitis et sincerus erat, et consobrinus Eduardi Magni Regis (filius scilicet nepotis ejus erat), amicabiliter eum am- plexatus est, et omni vita sua inter filios suos honorabiliter veneratus est. Omnia, disponente Deo, in spatio trium mensium per Angliam pacata sunt, cunctique praesules regni- que proceres cum Guillelmo concordiam fecerunt, ac ut diadema regium sumeret (sicut mos Anglici principatus exigit) oraverunt. Hoc summbpere flagitabant Normanni, qui pro fasce regafi nancis- cendo suo principi subierunt ingens discrimen maris et praelii. Hoc etiam divino nutu subacti optabant indigena? regni, qui nisi coronato regi 'servire hactenus erant soliti. (Ord. Vit. in. p. 503. )x [After the death of Harold, Stigand, Archbishop of Canter bury, and the illustrious Earls Edwin and Morcar and other leading men of the English, who had not taken part in the battle of Senlac, appointed as King, Edgar the Atheling, son of Edward, son of Edmund Ironside; and threatened that they would fight with him bravely on behalf of their country and people against foreign foes. Furthermore when Duke William heard that their assemblage was passing numerous, he, approach ing with a strong force, encamped not far from London, and sent forward five hundred horsemen to that place. And they drove the force that came out of the city against them to take refuge behind the walls, and, effecting a great slaughter of their sons and friends, brought great grief on the citizens. They also added fire to the slaughter of the citizens and burnt aU the buildings on this side of the river. The Duke however crossed the river Thames and came to the town of Waiiingford. To that place Stigand the Archbishop and the other English nobles repaired and rejecting Edgar, made peace with William and received him as their lord. And they, having been kindly received by him, recovered their former dignities and honours. The citizens of London perceiving no less that this was a wise plan, tendered the Duke obedience and brought him the hostages to the number he had ordered. Edgar the Atheling, who had been appointed King by the English, placing no reliance in 28—2 436 Proofs and Illustrations Part II. resistance, offered himself and his Kingdom in aU humility to WESSEX. William. And he, because the lad was of a mild and sincere disposition and a relative of King Edward the Great (for he was in fact the son of his nephew), embraced him in all kindliness; and throughout all his life he held a position of honour and affection among his own sons. Peace having been completely restored through God's will throughout England in the space of three months, all the Bishops and nobles of the Kingdom made concord with William and begged him to assume the royal diadem (as the custom of the English principate demanded). This the Normans demanded vehemently, who had undergone a great risk on sea and in battle, in obtaining for their chieftain the royal sceptre. This also the inhabitants of the Kingdom, submitting to the will of God, longed for, who had not been accustomed to obey anyone but a crowned King. (Ordericus Vitalis, iii. p. 503.)] EARLDOM OF WESSEX. Upon the accession of Canute, when Earls were appointed over East Anglia, Mercia, and Northum bria, the Kingdom of Wessex was retained by him in his own hands. But before the close of his reign, the territory of Wessex, together with Kent and Sussex (to which must be added the dependant Surrey, or "Suthrige"), became the Earldom of Godwin. 1020 GODWIN, son of Wulnoth. -ChUd'' of the South Saxons, and nephew of Edric Streone. (See Mercia.) He appears to have obtained his appointment from ©artutr, as the reward for his services against the Swedes". a Cnuto. . . .martem in Suevos transtidit primo exceptus insidiis, midtos ex suis amisit. . . postremd reparatis viribus resistentes in fugam vertit. Reges gentis, Ulf et Eiglaf, ad deditionem pacis adduxit. Prornptissimis in ea pugna Anglis,. hortante Godwino Comite incubuere igitur viribus Angli, et victoria ni consummantes, comitatum Duci, sibi laudem para- verunt. (Malm. ii. 11.) [Canute transferred his valour against the Swedes, and, at the outset being caught in an ambush, lost, many of his men:... later when he had recovered his Proofs and Illustrations 437 1051 GODWIN banished. The western part of his Earl- Part II. dom, including the "Wealh kyn," granted to Odda wessex. (See below, p. 443). . G0DWIN- 1052 GODWIN restored. 1053— Apr. 15. Death of GODWIN*. He is succeeded in his Earldom of Wessex, and its dependancies, by his son HAROLD, whose Earldom of East Anglia, &c. harold. devolves upon Earl Algar. strength he put his adversaries to flight. The Kings of this people, Ulf and Eglaf, he induced to surrender peacefuUy. The English showed great readiness in this battle, at the exhorta tion of Earl Godwin. . .the English therefore feU on with all their might and main and, bringing about a victory, acquired an earldom for their leader and much praise for themselves. (William of Malmesbury, Acts of the Kings, ii. 11.)] This is the first notice of Godwin. The territories composing the Earldoms of Godwin and his sons are enumerated in the narrative of the gathering against Edward the Confessor. (1051.) Taha geri in suo comitatu Comes Godwinus graviter ferens, de toto suo comitatu, scilicet de Gantia, Suth-Saxonia, et West Saxonia; et filius ejus primogenitus Swanus de suo, id est de Oxnafordensi, Glawornensi, Herefordensi, Sumer- seatunensi, Bearrucscirensi provincns ; alterque filius Haroldus de suo comitatu videlicet de East Saxonia, East Anglia, Huntedunensi, et Grantebricgensi provinciis, innumerabUem con- gregaverunt exercitum. (Flor. Wigorn.) [1051. Earl Godwin being very angry that such things should be done in his Earldom, coUected an innumerable army, he from the whole of his Earldom, to wit from Kent, Sussex and Wessex; and his eldest son, Sweyn, from his, namely Oxfordshire, Gloucestershire, Herefordshire, Somersetshire and Berkshire, and his second son Harold from his Earldom, to wit from Essex, East Anglia, Huntingdonshire and Cambridgeshire. (Florence of Worcester.)] a • . cujus ducatum suscepit filius ejus Haroldus; et ejus comitatus datus est Algaro, Leofrici comitis filio. (Flor. Wigorn.) [...whose dukedom his son Harold received; and his Earl dom was given to Algar, son of Earl Leofric. (Florence of Worcester.)] 438 Proofs and Illustrations Part II. WESSEX. WIGHT. STUF and WIHTGAR. DOMINIONS INCLUDED IN THE KINGDOM OP THE WEST SAXONS. WIGHT. JUTES OR GOTHS. 530 CERDIC and CYNRIC take the Island— slay many of the Britons in " Wihtgara byrig"1 and bestow the Island on STUF and WIHTGAR, the nephews of CERDIC*. (See above, p. 331.) a Huntingdon2 has a fuU account of the prowess of Stuf and Wihtgar : — Sexto namque anno post beUum praedictum, venerunt nepotes Gertie, Stuf et Witgar, cum tribus navibus apud Certicesore. Primo autem mane duces Brittannorum acies in eos secundum belli leges pulcherrime construxerunt; cumque pars eorum in montibus, pars eorum in vaUe progrederetur caute et excogitate, apparuit sol oriens, offenderuntque radu cfipeis deauratis, et resplenduerunt colles ab eis, aerque finitimus claims refulsit, timueruntque Saxones timore magno, et appropinquaverunt ad praalium ; dum autem colhderentur exercitus fortissimi, fortitudo Brittannorum dissipate est, quia Deus spreverat Ulos, et facta est victoria patens, et adquisierunt duces praedicti regiones non paucas, et per eos fortitudo Certici terribilis facta est, pertransiitque terram in fortitudine gravi. (ii. p. 179. )2 [For in the sixth year after the aforesaid war, Stuf and Wihtgar, nephews of Certic, came to Certicesore with three ships. Early however in the morning the leaders of the Britons drew up their lines in beautiful fashion to resist them according to the laws of warfare, and when some of them were advancing on the mountains and some in the valley with caution and with deliberation, the rising sun appeared and its rays smote upon their gilded shields and the hills gleamed with them and the air around shone brighter, and the Saxons were afraid with a great fear and drew near to battle. But when these two brave armies met in the shock of battle, the bravery of the Britons ebbed away because God had rejected them and a de cisive victory ensued, and the above-mentioned leaders acquired territories not a few, and through them the bravery of Certic became terrible and be overran the land with his crushing bravery, (ii. p. 179.)] Acoording to Malmesbury, the island was bestowed upon Proofs and Illustrations 439 544 Death of WIHTGAR — he is buried at Wihtgara-byrig. Part n. 661 Wight conquered by WULFERE, of Mercia, and WES^e//7\ granted by bim to ETHELWOLD, King of Sussex, wihtgar. (See Sussex.) 686 ARVALD, King of Wight. Tbe Island is attacked arva ld. by CEADWALL and Mollo. The Brethren of Arvald are cruelly slain a. - ASTULPH, King of the Vectian Jutes, of whom only astulph. the name | is known6. 900 ALBERT, or MLBERT, son of ASTULPH, reigned albert. about the time of SUfteu', after whose death the succession of Kings ceased, and the Vectians, or men of Wight, submitted to (Sofoatu the Elder6. HAMPSHIRE. SAXONS, AND JUTES OR GOTHS. HAMPSHIRE. 755 SIGEBERHT, King of Wessex, retains this Province sigeberht. after his deposition. (See above, p. 338.) Wihtgar only, whom he describes as the son of Cerdic's sister; and he also extols the prowess of the Jutish warrior. — Is cum sanguinis propinquitate tum beUandi artibus avunculo juxta charus (ejus enim ex sorore nepos erat) celebrem in eadem insula primo principatum, post etiam sepulturam, accepit. [This man equaUy dear to his uncle, as weU by nearness of blood as for his skiU in warfare (for he was his sister's son), received in the first instance a distinguished position as chief in that island and afterwards burial in the same.] (i. 2.) Obscure as these leaders now appear, they evidently held a pro minent station in Anglo-Saxon tradition; and the grant made to them by Cerdic explains the formation of the dependant appanages held by the junior branches of the Royal famifies. Of their kin was Oslac, "Pincema" of King Ethelwulf, and father of Osburgh, mother of Alfred. (Asser, p. 5.) Huntingdon probably translated an historical poem simUar to that which commemorates the deeds of Brithnoth, Ealdorman of Essex. a Bede (iv. 16) is extremely succinct in his narrative. The 'Fratres Regis Arvaldi" were afterwards canonized, but their legend conveys no further information. b Waiiingford, p. 538. 440 Proofs and Illustrations Part II. WESSEX— HAMPSHIRE. OSRIC. WULFRED. ELFEG. ETHELWARD. [ELFRIC ?] ELFHELM. 860 OSRIC, Ealdorman or Dux of Hamtunscire, resists the Danes. 897 Death of WULFRED, Ealdorman of this Shire. 971 Death of ALFEAG, or ELFEG, "Dux Suthantunen- siuma." 982 Death of MTHELMAR, Ealdorman of Hampshire. 994)995] 1003 ETHELWARD*. !Fyrd," or general array, of Hampshire under the command of Ealdorman ELFRIC. 1006 ELFHELM, slain by the procurement of EDRIC STREONE*. WIN CHESTER. WINCHESTER. 897 Death of Beornwulf, "Wicgerefa," or Praepositus of this city. "Hamtunscire" was the first seat of the West Saxons, but it was peopled also by a colony of Jutes, who settled in the Isle of Wight, and on the opposite coast, where they were considered as a distinct nation tiU the time of Bede. De Jutarum origine sunt Cantuarii et Yictuarii, hoc est ea gens qua? Vectam tenet insulam, et ea, qua? usque hodie a Flor. Wigorn. only. When not otherwise expressed, the authority is the Saxon Chronicle. b This "nobUis Dux Ethelward us1," or " Ethdward, Ealdor man," was charged to meet Anlaf, in conjunction with Alfeg, Bishop of Winchester, and they afterwards escorted the Danish Prince to Andovcr. It is therefore probable that he held office in this Province. Ethclurard the King's '"Heah-gerefa," who headed the Fyrd or levy of Hampshire, in the battle of Alton (1001), on which occasion he was slain, may be the same individual, unless the lleah-gerefa be considered as the Etheheard, son of Ethelmar, slain by Canute in 1013. (Flor. Wigorn. and Chron.) 0 lie was the father of Elfgiva, or Mlfwin, the mother of Harold. The first name is given to her by the Chroniclers— the last, by the Book of Ramsey (p. 447). According to Flor. Wigorn. he was Dux of North -Hampton. Proofs and Illustrations 441 in Provincia Occidentalium Saxonum, Jutarum Part n. natio nominatur, posita contra ipsam insulam wessex— rr x /t> j fe» mi t x'i • ¦ ,, WINCHESTER Vectam. (Beda, 1. 15.) [Of Jutish origin are the Cantuarii and Vectuarii, that is the people that hold the island of Fecto (Wic/fa), and that people which in the province of the West Saxons tiU this day is caUed the nation of the Jutes, situated opposite the island of Vecta itself. (Bede, i. 15.)] The river "Homelea," or Hamble, ran through "Eota land," as it is caUed by Alfred, and a place caUed "ad lapidem," or "Mt Stane,"1 was within the boundaries of this Engfish Jut-land. BERKS. BERKS. 860 ETHELWULF, ADULF, or ATHULF, Ealdorman ethelwulf. of Berkshire, " Bearroccensis Paga? Comes" (Asser), defeats the Danes. (Dux Provincia? Bearrucscire — Ethelwerd, iv. 1.) 871 ETHELWULF, slain by the Danes, at Reading. (Asser, p. 21. Ethelwerd, iv. 2.) WILTS. WILTS. i 800 WEOXTAN, Alderman of the Wilscettum about weoxtan. this time. Battle between him and ETHELM UND, starting from the Hwiccas. 887 ATHELHELM, or ETHELM, "Comes Wiltunen- athelhelm. sium" about this timea. 893 ATHELHELM, Ealdorman of Wiltshire, dies. 1003 "Fyrd" of Wiltshire under the command of Ealdor man ELFRIC. [ELFRIC?] a For the variations of his name see Sax. Chron., Asser, P- 55, and Ethelwerd, iv. 3. 442 Proofs and Illustrations Part II. wessex- SOMERSET. SOMERSET. hun. 823 HUN, Duke of Somerset, kUled in battle a against the Mercians at EUendune (see above, p. 345). Buried at Winchester. eanwulf. 845 EAN W ULF, with the Sumersantun, defeats the Danes. 854) EANWULF, " Summurtunensis paga? Comes," con- ATHELNOTH. SWEYNE. ODDA. 855i8G7 878 spires against ETHELWULF. see above, p. 354.) Death of EANWULF* (Asser, p. 9, and ATHELNOTH, Dux of Somerset about this time, continues faithful to ALFRED0. 1013 Somerset and Dorset included in SWEYNE's Earl dom. (See above, p. 437.) 1051 Upon the banishment of SWEYNE, Somerset is included in ODDA's Earldom d. BATH. BATH. 906 Death of Alfred, "Wic Gerefa" of Bath. a Hun ibi occiditur, Dux provincia? Sumorsceton, requiescit- que nunc in urbe Wintana. (Ethelwerd, iii. 2.) [At this place Hun was slain, the Duke of the province of Somerset, and reposes in the city of Winchester. (Ethelwerd's Chronicle, iii. 2.)] The other chroniclers notice the battle, but omit the name of the leader. » In eodem anno migravit Eanwulf, Dux Provincia? Sumer- selun. (Ethelwerd. iv. 2.) [In the same year Eanwulf, the Duke of the province of Somerset, passed away. (Ethelwerd's Chronicle, iv. 2.)] o This notice of Alhelnoth is found only in Ethelwerd (iv. 3). o And man settc ]ui Oddan to Eorle ofer Defena-scire, and ofer Sumcr-sozton. and ofer Dor-seton, and ofer If eate1 [And Odda was appointed Earl then, over Devonshire and over the men of Somerset and Dorset, and over the Welsh. 1 Proofs and Illustrations 443 Part II. DORNSETTAS. (DORSET.) wessex- DORSET. — EGELWARD, or ETHELWARD, Dux Dorsetensis ethelward. in the reign of Edgar, founder of the Monastery of Pershorea. 837 Ealdorman ATHELHELM, or ETHELM, defeats athelhelm. the Danes at Portland. 845 OSRIC, Ealdorman, with the Dornsettas, defeats the osric. Danes at "Pedridan-mutha," i.e. the Mouth of the Parrett. — Dorset included in GODWIN'S Earldom of Wessex. godwin. 1051 Dorset included in ODDA's Earldom b. 0DDA- WEST W ALES— DAMNONIA or DYVNAINT0 (after- WEST wards Devonshire) and CERNAU or CORNWALL. 530 GERAINT, the son of ERBIN, Prince of Dyvnaint, geraint. a Malm, de Gestis Pontificum (p. 162). Perscora? fundavit et perfecit cenobium, tempore Regis Eadgari, Egelwardus, Dux Dprsatensis, minime parous animo, sed effuso in largitatem studio. [Egelward, Duke of Dorset, founded and completed a convent at Pershore in the time of King Eadgar, a man not at aU of a stingy mind, but rather inclined to a profuse liberality. (William of Malmesbury, Acts of the Bishops.)] b See note d on p. 442. 0 This province in the British period included Cornwall. The Anglo-Saxon or English settlers acquired the name of Defensaettas. The Britons are known by the usual denomina tion of Wealh. And it seems, from the language employed in Alfred's wUl (p. 17), that Cornwall, Devon, Somerset, Dorset, and perhaps WUts, were then collectively known by the name or designation of the Wealh-cynn, from the number of British inhabitants. The foUowing passages from Asser may shew the maimer in which the double nomenclature of places, British and Anglo-Saxon, prevaUed in this district: "Saltus qui dicitur Selwdu (Selwood), Britannice, Coitmaur" (p. 33). [A forest which is caUed Selwood, in the British tongue, Coitmaur. (Asser, Life of Alfred, p. 33.)] "In paga qua? dicitur Britannice Durngueis, Saxonice autem Thornsceta1" (p. 27). [In a district 444 Proofs and Illustrations Part II. wessex— west wales. CONSTANTINE.GERAINT II. GERAINT III. killed by the Saxons at Llongbortha. (See above, p. 331.) CONSTANTINE b. 589 GERAINT II c. From this period the Britons of the West seem to have been compelled to submit to the supremacy of the Engfish. 6521 Britons of the West endeavour to recover their (i58j liberty, they are defeated by CENWEALH. (See above, p. 333.) 681 Britons driven to the sea by CEXTWIN. (See above, p. 334.) 710 GERAINT III'1. which is caUed in the British tongue Durngueis, in the Anglo- Saxon tongue Thornsceta. (Asser, Life of Alfred, p. 27.)] a That Geraint I. was reaUy a Prince of Damnonia, is one of the best attested facts of British history : and it should seem, from the elegy of Llywarch Hen, that he had long withstood the Saxon power. b Immunda? lea?nae Damnoniae tyrannicus catulus, Con stantinus. (GUda? Ep., p. 10.) [Constantine, the tyrannical cub of the impure lioness of Damnonia. (Letter of Gildas, p. 10.)] The British histories or traditions represent him as the son of Cador. The Ulster xAnnals, 5SS. notice the "conversio Constantini ad Dominum" [conversion of Constantine to the Lord]. This individual is supposed to have been the King of Damnonia, who, after abdicating his throne, became a monk in Ireland. 0 By whom St. Teliau was hospitably received, when migrating to Armorica. (Uss. p. 290.) d To whom Aldhelm addressed his Epistle on the observance of Easter. This curious document is printed by Afford, II. 408, and in other coUections. This Geraint, or Gerontius, with whom Ina fought (see above, p. 335), is considered by Dr. Owen Pugh as the last of the three Geraiuts. The style given to Geraint by Aldhelm, may lead to the supposition that he was the cliief of the Princes of the Wealas. "Domino gloriosissinio, Occidentahs regni sceptra gubernanti, quem ego. . .fra tenia charitate ampleetor, GERUNTIO Begi, simulque cunctis Dei sacerdotibus per Damnoniam conversantibus Aldhclm-us, sine nieritorum praerogativa abbatis officio functus, Proofs and Illustrations 445 730 BLEDERIC , said to have been Prince of Cornwall. Part II. (Wynne's Caradoc.) wessex- v J ' WEST WALES. 755 Accession of CYNEWULF, who, in 766, was engaged blederic in many wars with the Britons of the West. (See above, p. 341.) 809 EGBERT subdues tbe Britons of Cornwall. (See above, p. 344.) EGBERT herries West Wales. (See above, p. 345.) 813 814 823 Battle of Gavelford, between the Britons and the Dena, i.e. the Anglo-Saxon settlers of Damnonia, who appear, about this era, to have gained the dominion of the soil. (See above, p. 345.) 835 Danes land in West Wales, and are joined by the Britons. 872 DONGERTH, King of Damnonia, drowned a. dongerth. 897 Death of Wulfric, tbe " Weal-Gerefa," probably tbe officer by whom such of the British Provinces as were in the King's hands were administered. 917) HUGANUS, Lord of West Wales about this time", owen, orHUQANus. 938J perhaps only of a part of the country to the West of the Tamar. optabfiem in Domino salutem." (Alford, II. 408. )x [To the most glorious lord that wields the sceptre of the Western Kingdom, whom I embrace in brotherly love, to King GERUNT and at the same time to all the priests of God dwelling throughout Damnonia, I, Aldhelm, performing without any claim to merit the office of Abbot, do. give welcome greeting in the Lord. (Alford, Annals, II. 408.)] This is the epistle concerning the due observance of Easter, to which Bede aUudes (v. 19), and from its tenor we can collect that the Bishop of Sherborne did not then assume any episcopal authority over the Britons of Damnonia; he exhorts them as brethren, and advises them, not as their pastor, but as their friend. a According to Carew (p. 78) and Cressy, in his Church History (p. 746). A stone pillar, standing at Pen-nant, in the County of CornwaU, is supposed to have been erected to his memory. (Camden, I. 21.) " According to Wynne's Caradoc (p. 46), this Huganus was 446 Proofs and Illustrations Part II. 926 WESSEX- WEST WALES. 938 HOWELL.ODDA. 1051 HOWELL, King of West Wales, becomes the vassal of ati)ElStanca. ODDA appointed Earl over the " Wealas," who had been hitherto included in GODWIN'S Earldom. (See above, p. 442, note d.) The notices of West Wales do not enable us to distinguish accurately between Devon and Corn wall. Many of the Ealdormen, and other rulers of Devon, are also ascribed to CornwaU. Asser's diocese of Sherborne, or, as he writes it, Exeter, extended into CornwaU and 'Saxony." "Dedit mihi Exanceastre, cum omni parochia qua? ad se pertinebat, in Saxonia et in Cornubia." (p. 51.) [He gave me Exeter with all the parish that appertained to it, in Saxony and in Cornwall. (Asser, Life of Alfred, p. 51.)] Somewhat earlier than this period the compact between the Britons and the English seems to have been concluded. — Dis is seo geraednes \e Angelcynnes witan, and WealhSeode Ra?dboran, betweox Dunsetan gesetton1. [This is the agree ment which the Witan of the English and the counseUors of the Welsh people established between the men of Devonshire.] — It appears that the boundary between the "Wyliscland" and the defeated by Elfleda, at Brecknock. Our chroniclers only notice the capture of the wife of the British King : and it is by no means certain that Bricenanmere is Brecknock. Mgelfleda, Merciorum Domina, in terrain Britonum ad expugnandam arcem apud Bricenanmere niisit excreitum, qui. expugnata arce, uxorem Regis Britonum, et triginta quatuor homines captivos in Merciam adduxcrunt. (Flor. Wigorn.) [Mthelflced, Lady of the Mercians, sent an army into the land of the Britons to take by assault the citadel at Bricenanmere, and this array after taking the citadel, led the wife of the King of the Britons and thirty-four men captive to Mercia. (Florence of Worcester.)] Huganus is evidently the Eugenius (i.e. Owen) who attended the Witenage mot of Athelstane in 93S. (See above, p. 375.) » Sec above, p. 366 This Howel also attended the Witena- immot in 93S. Proofs and Illustrations 447 "Englisc-land" was a river, and I conclude that part n. river to be the Exe, and not the Tamar, because wessex— the treaty is expressed to have been made between the Devnsaettan, that is to say, between the "Wylisc" Devonshire men, and the "Englisc" Devonshire men. If it had been an agreement between the Cornish Britons and the Englishmen of Devonshire, instead of being agreed upon betwixt the Devnsettas, it would naturaUy, and according to the usual forms of speech which then prevailed, have been expressed as made betwixt the Cornwealas and the Devnsettas. (WU kins, Concilia, p. 125.) ANGLO-SAXON EALDORMEN OF DEVONSHIRE. DEVONSHIRE. 851 CEORL, Comes Domnanice (Asser) or CEORL, Ealdor- ceorl man of Devonshire, gains a great victory over the Danes. 878 ODDA, "Dux Provincia? Defenum" (Flor. Wigorn.), odda. besieged by Half done. 8991 MTHERED, or EDRED, Ealdorman of Defenum, /ethered, or edred. 900/ dies one month before the death of ALFRED a. 926 Britons expeUed by gUhtdstanr from Exeter, which they had hitherto inhabited in common witb the English. (Part I., p. 342.) 971 ORDGAR or ARIDGAR, Dux Devonensium, dies— ordgar, or aridgar. father of Elfrida, Elfthrida, or Elfrida, the queen of ©ttpr". (Flor. Wigorn.) 1 Eodem anno obierat Edred Dux Davenescyre, uno mense ante obitum Mlfredi Regis, qui cum eo multa fidelis et fortis gesserat beUa. (Hen. Hunt.) [In the same year Edred, Duke of Devonshire, had died, one month before the death of King Alfred, who, faithful and brave, had carried on with Alfred many wars. (Henry of Huntingdon.)] * The history of Ordgar is probably taken in part from popular ballads. Malmesbury (de Gestis Regum, ii. 8) is more concise than Brompton (p. 886) in his narrative of Elfrida' s adventures, 448 Proofs and Illustrations Part II. WESSEX— DEVONSHIRE. ORDWULF./ethelmar. GODWIN. — ORDWULF, EDULF ot EADULF, son of ORDGAR*, Dux of Devonshire. 1013 MTHELMAR, "Comes Domnanice" (Flor. Wigorn.), and the Western Thanes (Sax. Chron.) or "Occi- dentales Ministri," submit to SWEYNE6. 1020 Devonshire included in GODWIN'S Earldom of Wessex. 1051 Devon included in ODDA' 8 Earldom. (Goda.) 988 Goda, "Satrapa Domnanice" (Flor. Wigorn.), or the Thane of Devon (Sax. Chron.), slain by the Danes, and his greater brevity is probably occasioned by the more critical use of his materials ; Edgar was married to Elfrida in 964 — 965. Rex Anglorum pacificus Eadgarus, Ordgari Ducis Domnanim filiam post mortem Ethelwoldi [Elfwoldi, S.D.] viri sui gloriosi Ducis Orientalium Anglorum in matrimonium accepit, ex qua duos filios Eadmundum et Mthelredum suscepit. Habuit etiam prius, ex Egelfleda Candida, Ordmeari Ducis fifia, Ead- wardum postea regem et martwrum. (Flor. Wigorn. and Sim. Dunelm.) Ordgar founded the monasters* of Tavistock in 961. [Eadgar the Peaceful, King of the English, after the death of her husband Ethelwald [Elf wold, S.D.] the glorious Duke of the East Saxons, took to wife the daughter of Ordgar, Duke of Domnania, and by her he had two sons Eadmund and Ethelred. He also had before this, by Egelfleda the Fair, the daughter of Duke Ordmer, Edward, afterwards King and Martyr. (Florence of Worcester and Simeon of Durham.)] a This "venerabUis Comes" (Cartidariurn de Tavistoke, Mon. III. 4!)4) is reported to have been of gigantic size, and of strength corresponding to his magnitude. The drowsy warder of Exeter delaying to open the gates, he burst them open, demolishing also a part of the stone jambs on which they hung. (Will. Malm, de Gestis Pontificum.) Ordwulf was such a bounteous benefactor to the monastery of Tavistock, that he was considered as a founder. » Ethelmar, or A dinar, is supposed to be the founder or benefactor of Eynsham. If so, he was the son of a "Dux Ethehveard," as appears from Ethelred's charter. (Mon. III. 12.) Proofs and Illustrations 449 Strenwold, a valiant knight or soldier, feU in the Part II. same battle a. wessex— DEVONSHIRE. 1001 Cola, the King's Heah-gerefa, leads the Fyrd of (Coia.) Devon against the Danes. 1003 Hugh the Norman, Gerefa of Devon about this (Hugh.) time6. 1017 Brihtric, tbe son of Alfheg, Satrap of Devon, slain by (Brihtm.) the orders of Canute0. a et MUes fortissimus Strenwoldus cum afiis nonnuUis perimuntur — sed tamen ex Danis plurioribus occisis, Angli loco funeris dominantur. (Flor. Wigorn. and Sim. Dunelm.) [...and Strenwold, a very brave soldier, perished with some others — but as the majority of the Danes had been slain — the English were masters of the place of death. (Florence of Worcester and Simeon of Durham.)] This passage is not in the existing Saxon Chronicles. b Hoc anno Rex Danorum Suuein, per insUium, incuriam et traditionem Nortmannici Comitis Hugonis, quem Regina Emma Domnanice praefecerat, civitatem Eaxancestriam infregit. (Flor. Wigorn.) [In this year Sweyn, King of the Danes, through the imprudence, carelessness and treachery of Earl Hugo, the Norman, whom Queen Emma had appointed over Devon, broke into the town of Exeter. (Florence of Worcester.)] Her waes Eaxancestre abrocen hurh )>one Frenciscan Ceorl Hugon, te seo Hlaefdige heafde hire gesett to gerefan. [In this year Exeter was stormed through [the fault of] the French churl Hugo, whom the Lady (Emma) had made reeve.] c 1017 Dux Normannus filius Leofwini Ducis, frater scUicet Leofwini Comitis et Mthelwardus filius Agelmari Ducis et Brih- tricus fifius Alphegi Domnaniensis Satrapa? sine culpa interfecti sunt. (Flor. Wigorn.) [1017 Duke Northman son of Duke Leof wine, to wit the brother of Earl Leofwine, and Mthelward, the son of Duke Agelmar and Brihtric, son of Alphege, Satrap of Devon, were kUled without fault. (Florence of Worcester.)] Norhman Leofwines sunu Ealdormannes, and xEhelweard JEfyel- ma?res sunu >a?s graetan, and Brihtric iElfeges sunu on Befenascire. [Northman, son of Leofwine the Alderman, and Mthelweard, son of iEthelmaer the Stout, and Brihtric, son of Mlfeah, in Devonshire [were slain]. (AS. Chronicle.)] p. vn. 29 450 Part II. WESSEX— CORNWALL. GOODRICH. Proofs and Illustrations CERNAU, or CORNWALL. — GOODRICH*. kent. KENT JUTES. 446 Hengist and Horsa, Duces, or "Heretogas," of the Jutes, land at Ipwines Fleet — obtain the Isle of Thanet, which, in the British tongue, was caUed Ruim. 455 Battle between the Saxons and Britons near the river Dereuent. (Nennius, c. 46.) — -A second battle between Hengist and Horsa and WYRTGEORN, or VORTIGERX, at Epsford, which, in the British tongue, was afterwards caUed Saessenaeg habail1, or, the Slaughter of the Saxons. CATIGERN, the son of VORTIGERX, feU in this battle, but Horsa was killed, and the Britons claim the victory6. a Earl Godrich of CornwaU : — Wis man of red, wis man of dede, And men haveden of him mikel drede, [Wise man of counsel, wise man of deed | Men held him in great awe.] appears in the Romance of Havelok. Ii this redoubtable per sonage ever existed, we must place him towards the middle of the ninth century. b The Dereuent seems to be the Darent, a stream which gives its name to Dartford. I find the correction of " Saessenhaeg habaiU in Langhorne (p. 13), who appears to have used a better manuscript of Nennius than that which has been printed by Gale. A copy in my possession containing notes, selected or transcribed from Archbishop Usher's coUections, reads "Saeth yn y gafael." Whatever credit may be given to Nennius, it is clear that be is here repeating traditions, current amongst the Britons, concerning a country which had long been alienated from their power, though not from their recoUection. And though I will not absolutely maintain that there were any Britons in Kent at, that period, who gave this British name to Epsford, still it shews that the British tonsrue must have continued to Proofs and Illustrations 451 — A third battle was fought on the shores of the Part n. Channel, the result whereof, according to the kent. British authorities, proved so unfavourable to the Jutes, that the "barbarians" were compelled to return to tbeir "keels." 457 Battle of Creccanford, in which 4000 Britons are slain. The Britons forsake "Kent land," and fly to London. As it is stated, that the Britons "now abandoned Kent," it is evident that up to this period the Saxons had only a partial possession. But hence forth the dominion of the country was vested in Hengist and Msc&. be spoken in Kent for a period sufficiently long after the Saxon conquest, to have fixed tfie appeUation to tfie scene of battle. And, as late as 694, the British name of Ruym is added to that of Thanet, in a Saxon charter. — (Thorn, 2234. J1 According to the authority of Florence of Worcester, the Saxons gained the battle. But there is no improbabUity whatever in admitting that the invaders may have sustained great fluctuations of fortune before and after each victory. The very remarkable monument called Kit Coity's house, is traditionaUy supposed to mark the grave of Catigern. a Their joint succession is placed by some authorities in 455, but the Saxon Chronicle only states that this event happened after the death of Horsa. Langhorne supposes this battle of Qreccanfwd or Grayford to be the battle on the Darent mentioned by Nennius. Huntingdon has a detailed and curious narrative, in which the expressions betray the feeling of the Anglo-Saxon Scald, whose verse he translates. Thus, in the "Drapa," in the battle of Brunnaburgh — Myrce ne wyrndon heardes hond plegan Ha?leba nanum. [The Mercians refused not the hard handplay to any of the heroes.] Anno vero sequenti, regnante Leone imperatore, qui regnavit septem decim annis, morbo periit flos juvenum Gortimerus, cum quo simul spes et victoria Brittonum exstincta est. Hengist igitur et Esc filius suus, receptis auxifiis a patria sua, et morte juvenis freti, beUo se praeparant apud Creganford. Britanni vero quatuor phalanges maximas, quatuor ducibus munitas fortissimis, beUo prostituunt. Sed cum ludum belli Brittones missent, numerum Saxonum majorem solito male ferebant; recentes quippe, qui supervenerant, et viri electi erant, securibus et gladiis horribifiter corpora Brittonum findebant: nee tamen 29—2 452 Proofs and Illustrations Part ii. 465 Battle between HENGIST and xESC and the Britons ; kent. of the latter, twelve chiefs or Ealdormen are slain. ericCI« ksc. From the death of Wypped, a Saxon Theyn, who fell in this battle, the place was afterwards caUed Wyppedes-fleot. 473 HENGIST and xESC fight with the Britons, and take immense plunder. The Britons "fly from them like fire." 488 HENGIST dies3. ERIC, or MSC, succeeds to the government of aU Kent, and he was King of the "Cantwara" during twenty-five years, and from him the Kings cesserunt donee quatuor duces eorum prostrates et ca?sos viderunt : tunc vero ultra quam credi potest perterriti, a Cent usque in Londoniam fugerunt, et nunquam in Cantiam postea gratia pugnandi venire ausi sunt : exinde regnavit Hengist et Esc fifius suus in Cantuaria. (Hen. Hunt, i.) [In the foUowing year indeed, during the reign of the Emperor Leo, who reigned seventeen years, there died of disease Gortimer, the flower of youth, with whom were extinguished together the hope and victory of the Britons. Hengist therefore and Esc his son, having received reinforcements from their country and relying on the death of the young man, get ready for war at Crayford. The Britons however put in the battle- line four very large phalanxes, all four strengthened by very brave leaders. But when the Britons entered upon the game of war, they made a feeble stand against the numbers of the Saxons which were greater than usual; in fact the reinforce ments who had appeared on the scene and who were chosen men, carved the bodies of the Britons in a horrible manner with their axes and swords. Yet did they not yield until they saw their four leaders prostrate and slain. Then indeed terrified beyond belief, they fled from Kent as far as London and never afterwards did they dare to come to Kent for the sake of fighting. Henceforward Hengist and his son Esc reigned at Canterbury. (Henry of Huntingdon, i.)] 11 From 477 to 514, l£Ua enjoyed the dignity of Bretwalda, and Kent must therefore be considered as subjected to his supremacy, unless exempted in consequence of its anterior settlement. Proofs and Illustrations 453 of Kent, his descendants, acquired the name of Part li. Mscingas*. Kent. — OCHA, or OCHTA, said to be the son of MSCb. ocha. — ERMERIC, son of OCHA, or of MSC. ermeric 560 ETHELBERT, son of ERMERIC. ethelbert. 568 ETHELBERT engages in war with yCeatolin and CUTHA, probably for the purpose of asserting his supremacy, but he is defeated at " Wibbandun," and two of the Kentish Ealdormen, Oslac and Cnebba, are slain. a According to Nennius (c. 63) Msc, whom he calls Ocha, returned to Kent from the left or northern parts of Britain . . . . et de ipso orti sunt Reges Ulius patriae. [ . . . and the Kings of that country sprang from him.] Ethelwerd omits one link in the genealogy, inasmuch as he represents Ermeric to be the grandson of Hengist. Erat autem idem Mdilberct filius Irminrici, cujus pater Octa, cujus pater Oeric cognomento Oisc, a quo Reges Cantuariorum soient Oiscingas cognominare. (Beda, ii. 5.) [Now this Mdil berct was the son of Ermeric, whose father was Octa, whose father was Oeric, sumamed Oisc, from whom the Kings of Kent are wont to be called Oiscingas. (Bede, ii. 5.)] " Malmesbury doubts whether they reigned singly or con jointly. His observations on the variations of the authorities which he is unable to reconcfie, are worthy of remark: — Hengistus reliquit filium Eisc, qui magis tuendo quam am- pliando regno intentus, paternos limites nunquam excessit. Consumptisque annis viginti quatuor, filium Otham (Ocham vel Ochtam) ejusdemque filium Ermericum habuit successores, sibi quam avo aut proavo simfiiores ; amborum temporibus quin quaginta et tres anni deputantur in Chronicis; caeterum, si singillatim vel communiter regnaverunt, non discernitur. (WiU. Malm, de Gestis Regum, i. 1.) [Hengist left a son Eisc, who, more intent on guarding than increasing his Kingdom, never left his father's borders. And after a lapse of twenty-four years, he had his son Otha (Ocha or Ochta) and his grandson Ermeric as successors, who resembled him more than their grandfather and great-grandfather. In the Chronicles fifty-three years are attributed to the reigns of both ; but it is by no means clear whether they reigned singly or conjointly. (William of Malmesbury, Acts of the Kings, i. 1.)] 454 Proofs and Illustrations Part II. KENT. ffitljclbctt. EADBALD. ERCONBERT. EGBERT. 589596 597604 616 640 664 About this time (JEthelbert had acquired the dignity of Bretwaldaa. (See above, p. 332.) Arrival of Augustine. The East Saxons subjected to ffituHuftt as Bretwalda, SMBRYHT, or SEBERCT, bis nephew, being their King, under his supremacy. (See Essex.) (Slljclbcit founds the Bishoprics of London and Rochester. Death of (!rtl)clber(, who is succeeded by his son, EADBALD — the " Reguli," who had been subjected to bis father, withdraw their obedience b. Death of EADBALD— ERCONBERT, his second^ son, succeeds, to the prejudice of Ermenred, his elder brother0. Death of ERCONBERT. who is succeeded by his son, ECGBRYHT, or EGBERT. Ermenred had left two sons, Ethelbert and Ethelred, who were murdered, after the accession of EGBERT, by his Thane, Thunor. It is said, that Thunor com mitted this act, either by bis directions, or in the hope of pleasing his master"1. a It is to this period that we must refer the remarkable coin (Ruding, III. 1), the reverse whereof is impressed with the Roman emblem, the Wolf and Twins. Buding has ascribed this coin to the second Ethelbert, but without any sufficient authority. b When tvcutoalr. of East Anglia, became Bretwalda— whether in Ethelbert's lifetime, or afterwards, is uncertain — it is most probable that Kent was subjected to him. Ipfctoitt (Bretwalda. 617 — 633) exempted Kent from subjection, in con sideration of his marriage with the daughter of Ethelbert. (Bede, ii. 5.) c According to Flores Hist. — Eodem anno Eadbaldus Rex Cantuariorum tandem ex hne vita transiens, duos filios Ermen- redum et Erconbertum regni temporalis reliquit haeredes, sed junior Erconbert us callide regnum fratri surripiens Ulum regno privavit. [In the same year, Eadbald, King of Kent, at length passing from this life, left his two sons Ermenred and Erconbert as heirs of his temporal kingdom, but the younger, Erconbert, craftily stealing the kingdom from his brother, deprived him of it.] * The legendary account, of these two young princes (Thorn, 635- 64J-I. Proofs and Illustrations 455 673— July. EGBERT dies. HLOTHERE, or LOTHAR, Part n. his brother, succeeds, to the prejudice of his nephew, kent. EADRIC, son of ECGBERT, whom he attempts HL^H/RRE' to exclude from the succession8. p. 1906) has the poetical machinery which usually accompanies similar narratives. Yet it probably gives us as true an account of the fate which befel the Saxon Athelings, as Shakspeare's historical play affords of the death of Arthur. Malmesbury glances at the misdeed : — Quicquid boni potest diebus Ecgberti ascribi, attenuat facinus quo Elberhtum et Egilbrightum fifios patrui aut interemit aut interimi aequanimiter passus fuit. [Whatever good can be attributed to the reign of Ecgbert, the deed by which he slew or suffered with equanimity to be slain, the sons of his uncle, Ethelberht and Egilbright, detracts from it.] » Successit Egberto frater Lotharius, alite mala regnum ingressus, quippe qui per undecim annos infestante Edrico filio Egberti frequenter et varia sorte civfiibus beUis conflictatus, novissimeque jaculo corpus trajectus, ipso vulnere inter meden- dum vitam effudit. Sunt qui non taceant fratres ambos cita morte merito crudelitatis absumptos, quod Egbertus fifios patrui innocentes, ut dixi, occiderit : Lotharius martyres propalatos iiTiserit, quamvis prior et factum ingemuerit, et matri fratuelium partem insula? Thanatos ad a?dificandum monasterium concesserit. (Will. Malm, de Gestis Regum, i. 1.) [His brother Hlothhere succeeded Egbert, entering upon his reign with an evU omen, seeing that, through the hostility of Edric, son of Egbert, he had frequently during eleven years and with varying fortune to contend with internal dissensions, and finafiy, having been pierced in the body by a javelin, poured forth his life from this wound whUe under treatment. There are some who do not refrain from stating that both these brothers were cut off by this sudden death as a just reward for a deed of cruelty, because Egbert, as I have said, slew the innocent sons of his uncle, and Hlothhere laughed at their being held up as martyrs, although he had formerly deeply bemoaned the deed, and had granted to the mother of his cousins a portion of the isle of Thanet for the purpose of building a monastery. (WUliam of Malmesbury, Acts of the Kings, i. 1.)] 685 Hloiheri, Cantuariorum Rex, cum post Ecgbertum fratrem suum, qui novem annis regnaverat, ipse duodecim annis regnasset, mortuus erat octavo Idus Februarias; vulneratus namque est 456 Proofs and Illustrations Part II. KENT. HLOTHERE mi EADRIC. EADRIC. 676 CBtljclrcfJ of Mercia invades Kent. HLOTHERE flies before him — the conqueror ravages the country, and destroys Rochester "-. — It appears from the laws jointly enacted by HLO THERE and EADRIC, that the latter had obtained a share in the sovereignty — great dissensions however prevaded between them, and it is said that HLOTHERE attempted to nominate his own son, Richard, as his associate on the throne. EADRIC obtains the assistance of the South Saxons, who invade Kent — a battle takes place, in which HLOTHERE received a wound, of which he died, Feb. 6th, 685 b. 685 EADRIC succeeded to the whole of the Kingdom, and reigned for about a year and a half, after which he came to an evU death, and a troubled period ensued, during which Kent became a prey to strange or intrusive Kings, until the accession of tbe "legitimate King," WIHTRED*: but the in pugna Australium Saxonum, quos contra eum Edric Alius Ecgberti adgregarat, et inter medendum defunctus. (Beda, iv. 26.) [685 When Hlothhere, King of Kent, had himself reigned twelve years after the death of his brother Egbert who had reigned nine years, he died on the 6th of February, for he was wounded in a battle with the South Saxons, whom Edric, the son of Ecgbert, coUected against him, and whUe under treatment died. (Bede, iv. 26.)] a Kent appears to have been under the supremacy of JHlTCta from this period, until it was reduced by lEgfjrrt. b Bede, iv. 2o. c Bede's expressions are of great importance, inasmuch as they shew his opinion of the royal dignity: — Edric anno uno ac dimidio regnavit: quo defuncto, regnum iUud per aliquod temporis spatium Reges dubii vel extend disperdiderunt ; donee legitimus Rex Diet red, id est fifius Ecgbercti, confortatus in regno, religione simul ct industria, gentcm suam ab extranea invasione liberarct. (iv. 20.) [. . .Edric reigned for one year and a half; and after his death for some space of time Kings of doubtful title or foreigners ravaged that Kingdom, untU the lawful King Uictred, that is the son of Ecgbert, being established in the Proofs and Illustrations 457 country never appears to have recovered its Part II. political independence. Kent. 6861 CEADWALLA, and his brother Mollo, or Wolf, ceadwalla. 687) avaUing themselves of the internal dissensions of the country, invade Kent, which they spoU. Mollo, though on other occasions he was mild and humane, ravages the country witb extreme ferocity. The men of Kent rally, and surprize Mollo, who takes refuge in a hut, where he is burnt, with twelve of his foUowers. CEADWALLA, however, appears to have retained possession of the country tUl his abdication in 688a. (See above, p. 335.) 6901 WIHTRED and WMBHARD, or SWMBHARD, w"™*™* 693 J were Kings of Kent about this time". Kingdom, by his piety and energy freed his people from foreign invasion, (iv. 26.)] Malmesbury notices the violent death of Eadric in the passage above quoted. Richard, the son of Lothar, is said to have survived his father, and to have died a monk, at Lucca. (Alford, I. 588.) a Malmesbury and Huntingdon have abridged materials not to he found in the existing chronicles. b ]>a, waeron ii cyninges on Cent Wihtred and Wcebheard. [At that time there were two kings in Kent, Wihtred and Wcebheard.] Eo tempore erant duo Reges in Cent, non tam secundum stirpem regiam, quam secundum invasionem; scilicet Uihtred1 et Webhard. (Hen. Hunt.) [At that time there were two Kings in Kent, not of royal succession, but by intrusion, to wit Uihtred and Webhard. (Henry of Huntingdon.)] If this latter state ment be correct, this Wihtred is not to be identified witfi the legitimate Wihtred. These two kings were both reigning when Beortwald, Bishop of Rochester, was placed in that see, A.D. 693. Electus est, regnantibus in Cantia Uictredo et Swabhardo. (Beda, ii. 5.) Thorn describes Wcebheard, or Swebhardus, as an ifiegal intruder (p. 1770). Flor. Wigorn. alludes to him as holding part of the kingdom with Wihtrced : — Wihtred, filius Egberti, confortatus in regno, religione simul et industria gentem suam ab extranea invasione libera vit. Cum quo Rex Suebhardus partem regni tenuit. [Wihtred the son of Egbert, being established in the Kingdom, by bis piety as weU as by his energy, freed his people from foreign invasion. And with him King Suebhard held a part of the Kingdom.] In 458 Proofs and Illustrations Part ii. 694 WIHTRED, the legitimate King, assumes the govern- kent. menta, and reigns 33 years. INA invades Kent wihtred. in or(jer to avenge the death of Mollo, but WIH TRED averts bis vengeance by submission, and by payment of a heavy were, or blood fine. WIH TRED soon after his accession holds a great Council at Baccanceld, wherein laws are enacted for the protection of ecclesiastical property6. 096— Aug. 6. WIHTRED holds a Witenagemot at Berg- itamstead, in which his laws, now extant, were enacted. 725— April 23. Death of WIHTRED. The kingdom" descends to his sons, ETHELBERT, EADBERT, Flores Hist, the latter is said to have been the brother of Wihtred. a The accession of Wihtred in this year is positively stated by the Saxon Chronicle, And Wihtred feng to Cantwara rice and heold xxxiii wintra. [And Wihtred succeeded to the kingdom of the Kentish people and held it thirty-three winters] Perhaps the Chronicle only intended to notice the devolution of the whole kingdom to him on the death of Webheard. For the particulars of Wihtred's submission, see Huntingdon. b La this statute he takes the title of Withrcedus gloriosus, Rex Cantice, or Cantwara Cyng. (Sax. Chron.) It was a mixed councU, and the enactments are made by the advice of the Archbishop of Canterbury, and Tobias, Bishop of Rochester— cum Abbatibus, Abbatissis. Presbyteris, Diaconibus, Ducibus, et Satrapis. (ConcUia, I. p. 47. j1 [. . .with the Abbots, Abbesses, Presbyters, Deacons, Dukes and Satraps. (WUkins, Councils, I. p. 47.)] 0 Wiclred filius Egbercti, Rex Cantuariorum, defunctus est nono die Kalendarum Maiarum, et regni quod per viginta quatuor semis annos tencbat, filios tres .Edilbercium, Eadberctum, et Alricum, reliquit haTedcs. (Beda, v. 23.) [Wihtred, son of Egberct, King of Kent, died on the 23rd of April, and he left as heirs to the throne, which he had held for twenty-four and a half years, his three sons, Mdilberct, Eadberct and Alric. (Hole, v. 23.) Ego xETHlLBERHT, Rex Cantuariorum. . . .A.D. 741. Ego xETHlLBERHTUS, Rex Cantice. Cuthbertus, Archie piscopus. Balthard — Duunuuallen — Mihelhun — Aldberht, Proofs and Illustrations 459 and ALRIC— EADBERT being considered as Part n. possessing the supremacy11. kent. - EADBERT*, ETHELBERT II. and ALRIC— sdl ethI^Irt ii. under the supremacy of JUercta. Eadbert died in 748 — Ethelbert in 762 — Alric is supposed to have alric survived, and to have died without issue, for in him ended the line of the Mscingas. (Will. Malm. de Gestis.) 752 Kentish men form a part of the army of (KtftclijalU. 762 SIGERED, King of haK of Kent about this sigered. time0. Prsefectus. Dunuualhus, Pincerna — Mihelnoih. (Mon. I. 453.) [I, iETHILBERHT, King of Kent. . .A.D. 741. I, xETHILBERHT, King of Kent. Cuthbert, Archbishop. Balthard, Dunwallen, Mthelhun, Aldberht, Prefect. Dunweaih, Cupbearer— Mihelnoih. (Mon. I. 453.)] From his name, we may conjecture that the Chief Butler was a Briton. 4 At least this is the only supposition by which Bede, v. 23, can be reconcUed to the Chronicle1. In this case we must consider that the dates assigned by the latter, as the accessions of Ethel bert and Alric, are the periods when further portions of the divided kingdom were made over to them. Malmesbury adds, that Eadbert reigned 23 — Ethelbert 11— and Alric 34. But the whole theory of the succession is extremely dubious ; and it is much more probable, that they, and perhaps their chUdren, divided the kingdom according to gavelkind custom. b In 741 he grants a charter, using the appeUation of "Ead- brith Eating." (Thorn, 2209.) Names ending in "ing" are usuaUy considered as indicating descent — was Eata the name of his mother? c Sighled, Rex Cantice, A.D. 762 Ego Eadbeeht, Rex Cantiai, consentiens propria manu confirmavi. Bregouuine, Archiepiscopus. Aldhuun, Abbas. Suuithuun — Mthiihuun — Esne—Egbald—Wighaad—Bunan—Heabeorhtr—Tiidheah. (Text. Roff. pp. 69, 70.)2 [SioiEiED, King of Kent, A.D. 762 I, Eadbeeht, King of Kent, consenting have confirmed with my own hand. Brego- wine, Archbishop. Aldhun, Abbot. Swithhun— Mthelhun— Esne 460 Proofs and Illustrations Part II KENT. EARDULF. EGBERT and HEAHBYRHT. 770 763 779 About this time EARDULF, supposed to be the son of EADBERT, was also King of Kent, or part thereof, together with ETHELBERT*. About this time EGBERT and HEAHBYRHT are Kings of Kentb. — Egbald — Wighard — Bunan — Heahbeorht — Tidheah. (Rochester Text, pp. 69, 70.)] Sigeeedtjs Rex dimidiae partis provincia? Cantuariorum. Bregouuinus, Archiepiscopus. Hereberht, Abbas. Baere, Abbas. Bruno, Abbas. Mscuuald, Presbyter. Ecgbald, Comes atque Praefectus. Ealdhuun — Esne — Badohard — Mth-elnod. (Text. Roff. p. 76.)i [Sigie.ed, King of half of the province of Kent. Bregowine, Archbishop. Henlxrht, Abbot. Baere, Abbot. Bruno, Abbot. Mscwald, Presbyter. Ecgbald, Earl and Prefect. Ealdhun — Esne — Beadohard — Mihelnoih. (Rochester Text, p. 76.)] a His charters are extant, and he joins in a letter, addressed by Eardulf, Bishop of Rochester, to Lullus, Archbishop of Mentz. (Inter Ep. Bonifacii, 36. )2 There may be some inaccuracy in the date of Eardulf s charter, as Cuthbert, according to the received succession, is supposed to have been dead in 762, but possibly, Cuthberchtus is an error for Jaenberchtus who then filled the see, and whose name is written with extraordinary variations. "EabduuIxFUS, Rex Cantuariorum," grants Holanspic to the Church of Rochester, A.D. 762. Confirmed by Cuthberchtus, Archiepiscopus. xEthtlbeechtus. Rex Cantice. Balthard — Duunwalla — Mthelhun — Alidberht — Ruta — Folaeine — Uuioht- brord — Balthhard — Badoheard — Beagnoth — Uualhhun. (Text. Roff. p. 71.)» b There are three charters of " Ecgberhtus, Rex Cantim" preserved in the Textus Roffensis (p. 77, 79, 83) of which the first is dated 765, and the last in 77S, and which is confirmed by— -Jaenberht, Archiepiscopus. Escwald, Presbyter. Uban — Boban — Unalhard—Ubban— Aldhun — Sigired—Esni—EaniardA Heaberht reigned in and during the reign of Egbert — one perhaps in East Kent, and the other hi West Kent. Kgo OFFA, Rex Merciorum. regali prosapia Merciorum oriundus cum consensu ct ficentia Archiepiscopi nostn Hregowi-ni atque Heabeehti, Regis Cantice, et principum nostrorum, A.D. 764. — Ego Heaberht us. Rex, consensi et sub scripsi. Botwin, Abbas. Esne — Uhtred — Broerda — Eadbald— Proofs and Illustrations 461 784 ALCHMUND, father of Egbert, afterwards King of Part n. Wessex, reigned about this timea. kent. Bertwald — Bobba — Gee — Huuithyse — Esne, frater ejus. Badoheard ALCHMUND- —Egbald — Swithhun — Eangesl. (Text. Roff. p. 74.) J [I, OFFA, King of the Mercians, descended from the royal line of the Mercians, . . . with the consent and license of our Archbishop Bregowine and Heabeeht, King of Kent, and of our nobles. A.D. 764. — I, Heabert, King, have consented and ap pended my signature. Botwin, Abbot. Esne, Uhtred, Broerda, Eadbald, Bertwald, Bobba, Gee, Hwithyse, Esne, his brother. Beado- heard — Ecgbald, Swithhun, Eangisl. (Rochester Text, p. 74.)] a To Jjysan timan rixode Eahlmund Cyng innon Cent; pes Eahlmund Cing wees Egberhtes faeder. Egberht was ASulfes faeder. [At this time King Ealhmund ruled in Kent ; this King Eahlmund was Egbert's father. Egbert was Athulf's father.] The time of his accession is unknown, but the subsequent events shew, that the Kentish men considered him as a rightful king. Perhaps he descended from Hengist by the female line. In 784 he grants a charter by the style of "Ealmundus Rex Gancim." (Mon. I. 455. )2 He seems to have been also known by the name of Eanmund, or rather Eaumund. Ego Eanmtjndtjs Rex hanc piam donationem suprascriptam propria manu roborandam hoc signaculo sanctae crucis expressi, in loco cujus vocabulum est Godgeocesham, prassente venerabUi Archiepiscopo Bregouuino et consentiente, consilio quippe atque consensu omnium optimatum et principum gentis Can tuariorum. Ego Jaenberhtus, Abbas, consentiens testis affui et subscripsi. Ego Huuaetred, Abbas, consensi et subscripsi. Signum manus Egesnofti. Signum manus Balthhardi. Signum manus Aldhuni. Signum manus Uda. Signum manus Puda. (Text. Roff. pp. 76, 77.)3 [I, Eaxmtjnd, King, have impressed with this sign of the holy Cross this pious donation written above to be confirmed by my own hand in the place caUed Godgeocesham, in the presence of and with the consent of the venerable Archbishop, Bregowine, also with the consent and counsel of aU the optimates and nobles of the people of Kent. I, Jaenberht, Abbot, was present as a consenting witness and subscribed. I Huucetred, Abbot, have consented thereto and have subscribed. The mark of the hand of Egesnoth. The mark of the hand of Bealdhard. The mark of the hand of Aldhun. The mark of the hand of Uda. The mark of the hand of Puda. (Rochester Text, pp. 76, 77.)] Bregwine filled the archiepiscopal chair between 759 and 462 Proofs and Illustrations Part II. KENT. EADBERTPR/EN. CUTHRED. 796) About this time Kent was governed by EADBERT, 797j or Ethelbert (Thorn, 2238), surnamed Pram. CEN WULF invaded the country, which he ravaged. The Merscware, or inhabitants of Romney, &c. rebelling against Preen, deliver him into the power of his enemies, by whom he was treated with great severity. According to some accounts (Sim. Dunelm. and Sax. Chron.) CEXWULF "hadPrcen's eyes put outa and his hands carved off." CEN WULF assumed the supremacy of Kent, which he united to his empire : he took the crown and placed it on his own head, and grasped the sceptre in his hand, and having done so, he granted the kingdom to his brother, C UTHRED, who governed the same as a Subregulus, and under the supremacy of Mercia. (See above, pp. 302, 303.) 805) Death of CUTHRED. CEXWULF resumes the 81 li direct government of Kentb. ' 762, and Eanmund probably reigned over a part of the kingdom. a We coUect from Florence of Worcester and Malmesbury, that Pram was led captive into Mercia, and the latter writer adds that upon the dedication of the church of Winchcomb, Cenwulf delivered him from captivity. Eadbert was the "cognatus'' of Egbert (Hunt. 197), and he appears to have been thus cruelly mutUated by his own subjects, probably the Merscware, who surrendered him into the hands of his enemies. Fraud and tyranny were laid to his charge. Carte, who retained no agreeable impression concerning the name of Praen or Prynne, derives the surname from Pregan, to preach, and concludes that he was therefore a preacher, one of those "impudent tongue pads by whom the throne of Kent was usurped." b But still as a distinct kingdom, administered by its own Witenagemot, as appears from the foUowing charter: — In nomine Altithroni 1 Vi summi Regis aeterni. Ego Ceonulfus, Christi gracia Rex Merciorum atque Provincial Cancice, dabo et concedo viro venerando Uulfredo metropolitans? sancta? Salvatoris eoeleshc Archiepiscopo aliquam partem terra? juris mei a Deo data mihi potestate in propriam hereditariam, hoc est vii aratrorum in loco qui dicitur Beoreham pro estimacione pecunia? ejus, xxx libras, cum omnibus usis ad se rite pertinentibus vel Proofs and Illustrations 463 — SIGERED about this time became King of "half of Part n. Kent" under the Mercian supremacy. kent. 819 Death of CENWULF, King of Kent and Mercia— SIGERED- succeeded by CEOLWULF. in sese habentes, sUvis, campis, pascuis, pratis, venacionibus fontanisque, perpetua? fibertatis munificencia? tibi perfruendo concessum sit. — Et post obitum tuum cuicumque tibi com- placuerit in eandem condicionem semper fieredibus tuis, qua a me concessum est tibi. Ita per omnia sine afiqua lesionis injuria eternafiter permaneat. [The description of the land foUows.] Actum est Dominicae Incarnationis Anno D ccc° viiu0. Indict. ii. juxta monasterium qui dicitur Crogedena coram hiis testibus quorum infra nomina caraxata digesta sunt. Ego Uulfredus, gracia Dei Archiepiscopus, consensiens sub scripsi. Ego Deneberhtus, Episcopus. Ego Heaberht, Dux. Ego Beornod, Dux. Ego Ceolward, Dux. Ego Cynhelm, Dux. Ego Wisheard, Dux. Ego Eatferd, Dux. Ego Wulfred, Dux. Ego Ploesa, Dux. Ego Eadberht, Dux. Ego Ecguulf, Dux. Ego Wigheard, Pincerna. Hanc predictam donaciqnem scripserunt Satrapes Cantuari orum Anno Dominica? Incarnationis dccc°x°. Indictionis iii. in civitate famosa quae antiquo vocabulo Dorovernia dicitur. Eciam eorum nomina subternotata ascribuntur. Ego Uulfredus, gracia Dei Archiepiscopus canonice, consensi et subscripsi. Ego Esne, Comes. Ego Aldberht. Ego Wethere. Ego Sigheard. Ego Esne. Ego Eadberht. Ego HereferS. Ego JSUred. Ego Wihtred. Ego Escberth. Ego Oscberht. Ego BeraoS. (Bib. Lamb. no. 1212, f. 404.)1 [In the name of God, high-throned, supreme, the everlasting King. I Kenulf, by the grace of Christ King of the Mercians and of ihe Province of Kent, wiU give and do grant to the venerable Wulfred, Archbishop of the metropolitan church of the holy Saviour, a plot of land in my possession (since God has granted me the right), for his hereditary ownership, namely seven ploughlands in the place called Berham, in exchange for its value of his money, thirty pounds; with aU rights duly pertaining thereto or possessing [read habentibus] in itself; in woods, open fields, pastures, meadows, huntings and springs, —let it be granted to you to be enjoyed in the bounteous gift [read munificencia. . . perfruendum] of a perpetual freedom from services. — And after your death to whomsoever you wiU, on the 464 Proofs and Illustrations Part II. KENT. BALDRED. ETHELWULF. 823 About this time BALDRED was King of Kenta; perhaps he succeeded immediately on the death of Cuthred — he is attacked and expeUed by ©gbert, whom the Kentish men consider as their rightful sovereign. (See above, Wessex, p. 345.) 825 CBgbcrt appoints his son ETHELWULF as King of Kent, under his supremacy (see above, p. 306), and from this period Kent formed an integral portion of the Empire of (SStmex, but, nevertheless, as forming (together with Sussex and Surrey) an apanage which might be held by the heir apparent to the crown, the eastern part of Wessex (see above, Asser, p. 354) being by right subordinate to the western part. same conditions to your heirs, as those on which I have granted it to you. And so may it remain for ever without any wrongful breach. . . This was done in the year of our Lord's Incarnation 809, in the second Indiction, near the monastery which is called Croydon, in the presence of these witnesses, whose names are detaUed in writing below. I, Wulfred, by the grace of God Archbishop, have subscribed my assent thereto. I, Deneberht, Bishop. I, Heaberht, Duke. I, Beornoth, Duke. I, Ceolward, Duke. I, Cynhelm, Duke. I, Wisheard, Duke. I, Eatferd, Duke. I, Wulfred, Duke. I, Ploesa, Duke. I, Eadberht, Duke. I, Ecguulf, Duke. I, Wig- heard, Cupbearer. This above-mentioned donation the Satraps of Kent recorded, in the year of our Lord's Incarnation 810, in the third Indiction, in that famous city which in the ancient tongue is called Dorovernia (Canterbury). Their names also are appended below : — I, Wulfred, by the grace of God Archbishop, have in due form consented thereto and appended my signature. I, Esne, Earl. T, Aldberht. I, Wethere. I, Sigheard. I, Esne. I, Eadberht. I, Hcreferth. I, Mldred. I. Wihtred. I, Escberth. I, Oscberht. I, Bcrnoth. (Lambeth MS. no. 1212, f. 404.)] n Probably under Mercian supremacy. — According to Thorn (p. 223S) his intrusion took place upon the death of Cuthred. Thorn had access in his own monastery to information which other chroniclers did not possess, and we may therefore reconcile his account with the charters, by assuming that Baldred began by obtaining one of the portions of the kingdom. Proofs and Illustrations 465 836) ETHELWULF, on succeeding to the crown of Wessex, part ii. 837 j grants Kent to his eldest son, ATHELSTANE, to wessex— be held under bis supremacy51. r J ATHELSTANE. 852 ATHELSTANE dies without issue, upon which the ethelbert. *¦ Obiit Ecgbyrih Rex potentissimus. Porro post obitum, Athulf successit in regnum Ecgbyrhti patris sui, regnumque Cantuariorum tradidit filio suo Ethestano et East-Sexena et Suth-Sexena et Suihrie, fioc est, orientalem partem, australem et mediam. (Ethelwerd, iii. 3.) [King Egbert the most powerful King died Forthwith after his death Athulf succeeded to the throne of his father Egbert, and handed over the kingdom of Kent to his son, Ethestan, and Essex, Sussex and Surrey, that is the Eastern, South and Middle provinces. (Ethelwerd's Chronicle, iii. 3.)] On the whole it seems most probable, that Athelstane was the son of Ethelwulf, and not of Egbert. He is thus again denominated by Asser: — 852 Eodem anno Mihelstan Rex, filius Mthelwulfi Regis, et Ealhere Comes magnum paganorum exercitum in Cantio, in loco qui dicitur Santwic occiderunt. (Asser, p. 6.) [852 In the same year, King Mihelstan, son of King Mthelwulf, and Earl Ealhere, slew a great army of pagans in Kent, in a place which is caUed Sandwich. (Asser, Life of Alfred, p. 6.)] Ethelwerd, in his account of the famUy of Ethelwulf (iv. 2), which may be compared with the other statements (see above, p. 351), agrees with Asser. Fuere numero fratres quinque, primus Ethelstanus, qui et regnum obtinuerat simul cum patre suo; secundus Ethelbald, qui et occidentalium Anglorum Rex. Tertius Eihelbyrht Rex Cantuariorum. Quartus Ethered qui post obitum Edelbyrhti successit in regnum, qui et meus atavus. Quintus Elfred post omnes successor principatus totius, qui et atavus vester, amata consobrina Mahtildis. [They were in number five brothers, first Ethelstan, who had held the throne conjointly with his father, the second Ethelbald, who also was King of the Western English. The third was Ethelbyrht, King of Kent. The fourth was Ethered, who after the death of Eddbyrht, succeeded to the kingdom; who is also my grand- sire. The fifth, Elfred, who was the successor to the whole Kingdom after the others and who is your grand-sire, beloved cousin Mathild.] See also the charters granted by Athelstan jointly with Ethelwulf. (See above, pp. 307, 308.) p. vu. 30 466 Proofs and Illustrations Part ii. kingdom reverts to (Stteltoulf, who grants the same wessex- to ETHELBERT. KENT. ethelbert. 855 ffitftdtoulf uses the title of King of Kent — ETHEL BERT being also "King" under his supremacy a. 857 ETHELBERT, King of Kent (and also of Essex, Surrey, and Sussex b) under the supremacy of his brother <2Btbelbaltr. a The Chronicle states, that Ethelbert became King of Kent &c. on the death of Ethelwulf, in 857, but it appears from the following charter, that he was certainly in possession of the royal title in 855, and, according to the Chronicle of the Abbot of Peterborough (p. 15), he succeeded on the death of Athelstane. In nomine trino divino. Ego xETHELLTJLFUS Rex Occi dentalium Saxonum necnon et Cantuariorum pro decimatione agrorum quam Deo donante caeteris ministris meis facere decrevi, tibi Dunne, ministro meo, dabo unam viUam quod nos Saxonice, an haga dicimus in meridie castelli Hrobi A.D. 855. xETHELUTJLF, Rex. Ceolnoth, Archiepiscopus. JETHEL- BERHT, Rex. Lullede, Dux. Mthelmod, Dux. Mlfred, films Regis. Eadred, Dux. Mthelric, Dux. Cineheh, MUes. Miked, MUes. Ceolmund, MUes. Lulla, MUes. Mthelred, Miles. Wulflaf, MUes. Mthelred, MUes. Wcehtgar, MUes. Duduc, MUes. Osberht, MUes. Sigenoth, Miles. (Text. Roff. pp. 102. 103.)1 [Li the name of the divine Trinity. I, xETHELWULF, King of the West Saxons and also of Kent, in respect (or place) of the tithing of lands which by the bounty of God I have decided to make to my other thanes, to thee, Dunne, my thane, I wiU give one township which we caU in the Saxon tongue, an haga, situated to the south of Rochester castle. ...A.D. 855 xETHULWULF, King. Ceolnoth, Archbishop. MTHELBERHT, King. Lullede, Duke. Mthelmod, Duke. Mlfred, the King's son. Eadred, Duke. Mthelric, Duke. Cineheah, Knight. Mildred. Knight. Ceolmund, Knight. Lulla, Knight. Mthelred, Knight. Wulflaf, Knight. Mthelred, Knight. Wihtgar, Knight. Duduc, Knight. Osberht, Knight. Sigenoth, Knight. (Rochester Text. pp. 102, 103.)] h Interea post obitum Athulfi Regis, ordinati sunt filii ejus in regnum : Ethelbald videlicet, super Occidentales Anglos, et Jilhelbyrht super Canluarios ct Orientates, Australes quoque et inedios Anglos. (Ethelwerd, iv. 1.) [Meanwhile after the death of Athulf, the King, his sons were appointed to the throne: to wit, Ethelbald to the throne Proofs and Illustrations 467 860 ffithelbett succeeds to Wessex upon the death of Part n. (!BttjelbaUla. wessex— KENT. 866 (JBttjCteil, King of Wessex and of Kentb. ethelbert. 900 "Juti Cantiani" said to have been subdued by (S&foatD the Elder. (Waiiingford, p. 538.) 925 Under gjtljelstanf, Kent continues as a separate, though subordinate kingdom, accepting the laws of Wessex upon such terms as appeared expedient to its own legislature. (See above, p. 170.) of the West Saxons, and Mthelbert to the throne of Kent and the East Saxons, also the Southern and the Middle Saxons. (Ethelwerd's Chronicle, iv. 1.)] a Mlhelbald, Occidentalium Saxonum Rex def unctus est, . . . et Mthelberht frater suus Gantium et Suthrigam, Suthseaxam quoque suo dominio ut justum erat subjunxit. (Asser, p. 24.) [Mihelhald, King of the West Saxons, died; and Mthelberht, his brother, annexed Kent, Surrey and Sussex to his lordship, as was right. (Asser, Life of Alfred, p. 24.)] b Ego xEtheeed Rex Occidentalium Saxonum necnon Can tuariorum, A.D. 868. (Text. Roff. p. 104.)1 [I, jEtheeed, King of the West Saxons and likewise of Kent, A.D. 868. (Rochester Text, p. 104.)] Ego Etheleed, Rex Occidentalium Saxonum non et Gantwari- orum, cum consensu ac ficentia meorum optimatum .... Actum est anno ab Incarnatione Domini dccclxvii, Indictione xv. in Dorobernia cibitate. Ego Etheleed, Rex. Ego Eastmund, Dux, consensi et subscripsi. Ego Ealhheard, Abbas. Ego Heremod, Presb. Ego Mucel, Min. Ego Beorhtnoth, Min. Ego Forthred, Min. Ego Ethelwulf, Min. Ego Ethelred, Min. Ego Acca, Min. Ego Biarhtwulf, Min. Ego Mannel, Min. (Bib. Cott. Ves pasian B xxiv, f. 95.) 2 [I, Etheleed, King of the West Saxons and likewise (read necnon) of Kent, witfi the consent and license of my optimates. ...This was done in the year after our Lord's Incarnation, 867, in the fifteenth Indiction, in the city of Canterbury. I, Etheleed, King. I, Eastmund, Duke, have consented thereto and added my signature. I, Ealhheard, Abbot. I, Heremod, Presb. I, Mucel, Thane. I, Beorhtnoth, Thane. I, Forthred, Thane. I, Mthelwulf, Thane. I, Mthelred, Thane. I, Acca, Thane. I, Biarhtwulf, Thane. I, M annel, Thane. (Cotton MS. Vespasian B xxiv, f. 95.)] 30—2 468 Proofs and Illustrations Part II. WESSEX— KENT. EALCHERE. CEOLMUND. SIGEWULF and SIGEHELM. [XQELMAR?] GODWIN. EALDORMEN, COMITES, AND EARLS OF KENT, 568 Oslac. Cnebba. (See above, p. 453.) 851 897 1007)1012 1035 "Osuulf, Duxa." EALCHERE, or EALHERE, Ealdorman of Kent about this time. (Asser, p. 6.) Death of CEOLMUND, Ealdorman of Kent. 904) SIGEWULF and SIGEHELM, who appear to have 905) been Ealdormen of Kent, who, together with Sigebryht, the son of SIGEWULF, and Eadbald, the King's Thane, were aU killed in the battle of the Holme. (Ethelwerd.) HAROLD. About this time one of the brothers of EDRIC STREONAb appears to have acted as Earl of Kent0. — Slain by the "nobility" of the country. GODWIN has been considered as Earl of Kent. (Thorn, p. 1779.— Flores Hist, ad An. 1035, 1036.) It was included in his Earldom, but there is no decided evidence to shew that he ever took his title from this shire in particular. Kent was afterwards included in HAROLD'S Earldom. 975 Wulfsige was "Scirig-man," "Scirman," or "Judex Provincia?" [Judge of the province], about this timed. a In an original but undated grant of land made by him to the monastery of Liming, in the County of Kent, he is thus described. The donation notices his wife, Beornthryth. (Mon. 1. 453.)1 » Perhaps Mgelmar", the grandfather of Godwin. In Osbern's Life of St. Alphcgc (p. 232) he is called the Praefect. He is stated to have governed the province with great tyranny, despoiling the nobles of their inheritance — hence their vengeance. (See below, p. 511.) >• Sec Domesday — Kent, and see above, p. 436. ¦> Textus Roffensis, pp. 116, 120. 3 Proofs and Illustrations 469 MERSCWARE. Part "• WESSEX— 838 HEREBRYHT, Ealdorman or Comes of this district, herebrwtNT' slain by the Danes. The frontier of Kent does not appear to have sustained any alteration since the foundation of the Kingdom. The division of the country into East and West Kent, or rather into the Countries of the East Kentishmen and West Kentishmen (Text. Roff. p. 116, Sax. Chron. ad An. 999), has existed from immemorial antiquity, though pro bably not exactly according to the modern boundarya. SOUTH SAXONS. Sussex 477 ELLA, and his three sons, CYMEN, WLENCING, ella. or PLENTING, and CISSA, land, with three vessels, at the place afterwards caUed Cymenesore. Many Britons were slain by them — others driven into the forest caUed Andredesleage. 485 Battle between ELLA and the united forces of the Britons, who assemble under their "kings and tyrants" near "Mearcredes bum stede." 4901 Fresh reinforcements arrive — Andredesceastre stormed 491/ by ELLA and CISSA — aU the inhabitants put to the sword b. From this period the kingdom of a Originally, the division appears to have been conterminous with the dioceses of Canterbury and Rochester. The Merscware are thought to have been the inhabitants of Romney Lathe. b Huntingdon has many detaUs concerning these battles, not extant in the other chroniclers. They are important because they tend to explain how Ella, the sovereign of this smaU state, acquired the title of Bretwalda. He was opposed by a con federacy of British princes, whom he ultimately defeated, and 470 Proofs and Illustrations Part ii. Sussex was considered as established in the person Sussex. of (JEIla, the first Bretwalda or Emperor of Britain ®lta. of Saxon race. it is therefore possible, that from this confederacy, representing the British nations, he obtained the supreme dignity. Igitur Dux Aelle, cum fifiis suis et classe mifitaribus copiis instruetissima, in Brittannia ad Cymenesore appulerunt. Egre- dientibus autem Saxonibus de mari, Brittanni clamorem excita- runt, et a circumadjacentibus locis innumeri convolarunt, et statim bellum initum est . Saxones vero statura et vigore maximi, impudenter eos recipiebant ; illi vero imprudenter veniebant : nam sparsim et per intervalla venientes a conglomeratis interficiebantur, et ut quique attoniti veniebant, rumores sinistros ex improviso sentiebant. Fugati sunt igitur Brittanni usque ad proximum nemus, quod vocatur Andredesleige. Saxones autem occuparunt littora maris Sudsexe, magis magisque sibi regionis spatia capessentes usque ad nonum annum adventus eorum. Tunc veto, cum audacius regionem in longinquam capes- serent, convenerunt reges et tyranni Brittonum apud Mercredes- burne, et pugnaverunt contra Aelle et filios suos, et fere dubia fuit victoria; uterque enim exercitus valde laesus et minoratus, alterius congressum devovens, ad propria remearunt : misit igitur Aelle ad compatriotas suos, auxilium flagitans. (Hen. Hunt, ii.) [Duke Mile therefore, with his sons and with a fleet fully manned by warhke forces, landed at Keynor (or Shoreham) in Britain. As the Saxons, however, were disembarking from their ships, the Britons raised a shout and, from the places close by, flocked together in countless numbers, and immediately a battle was begun. Tfie Saxons indeed, who are of immense stature and vigour, received them with impudent assurance, whUe they advanced imprudently ; for coming on as they did dispersedly and hi open order, they were slain by their massed enemy; and as each body came up in astonishment, they suddenly became aware of the disastrous confusion. The Britons therefore were repulsed as far as a forest near by, which is called the Andred Weald. The Saxons on the other hand seized the sea, shore of Sussex, taking for themselves more and more of the territory of that district until the ninth year from their arrival. Then indeed, when increasing in boldness they at tempted to capture a district at a greater distance, the Kings and rulers of the Britons assembled at Mercredesburn and fought against Mile and his sons, and the victory was very Proofs and Illustrations 471 518 CISSA succeeds to the kingdom about this time. Part n. wolfhere. 648) ETHELWALD, MDILUALCH , or ETHELWALCH , SUSSEX' 661 1 King of the South Saxons about this time — in 661 Ethelwalch. he submitted to the supremacy of WULFHERE of Mercia, from whom he obtained a grant of the iffitacta. Isle of Wight, and of the " Meanwara Maegth," conquered from tbe kingdom of Wessex. (See above, p. 334.) Married to Eaba, daughter of Eanfrid— brother of EANHERE, King of the Hwiccians3-. ieadwaixa. 683 About this time ETHELWALCH appears as a ethelwalch. Subregulus of CEADWALLA b. much in doubt; for both armies were severely crippled and reduced and each declining an encounter with the other, they returned to their respective homes; Mile therefore sent a message to his compatriots, begging for help. (Henry of Huntingdon, ii.)] a Bede, iv. 13. Flores Hist. b The charters of the ancient see of Selsey, preserved in the register of the Bishopric of Chichester, from whence they have been published by Dugdale, are, as they appear in the Monasticon (VI. 1162, &c), fuU of the most extraordinary corruptions. The register cannot be very ancient, it is perhaps later than the reign of Edw. I., and it may be supposed that such corruptions arise from the oscitancy and ignorance of the monkish transcriber, who could not read the character of the originals. It is rather singular, that excepting in this instance of Selsey, none of the dioceses, such as Sherborne, Elmham, Crediton, and Dorchester, whose sees were removed from their ancient seats to other cities, possess any of their ancient muniments. With respect to the Selsey charters, I quote them as they now appear, without attempting to explain the difficulties which they offer. According to the Chronicles, Ethelwalch was slain by Ceadwalla, before the latter obtained the throne of Wessex, yet it is very possible that Ceadwalla may have taken the royal title at an earlier period. CEADWALLA Rex, cum consensu WILFRIDI Archi episcopi, et Eihelwaldi Subreguli, caeterorumque cum eis Episco porum, Ducum, Optimatumque Anglice1 [King CEADWALLA, with the approval of WILFRID the Archbishop and Ethelwald, the sub-king, and of the other bishops, dukes and nobles of England with them] — grants the land of fifty-five tributarii in Selsey, for the foundation of a monastery. Amongst the 472 Proofs and Illustrations Part II. SUSSEX. berthun. athelhun. 685 686 BJEtssei. CEADWALLA invades the country of the South Saxons— ETHELWALCH is slain— CEADWALLA is expelled for a short time by the two Ealdormen or Duces, BERTHUN and HUNE (or ATHEL HUN), who appear to have assumed the govern ment of the kingdoma ; yet it seems from this time to have continued under the supremacy of Jfflcsse* until the conquests of OFFA. signatures appears that of Ealdvlfus, Dux Suthsaxonum. — Wilfrid probably continued to take the style of an archbishop, as rightfully belonging to his person, though he had been unlawfuUy deprived of his see of York. (Mon. ut supra.) a Interea superveniens cum exercitu Caedualla, juvenis strenuissimus de regio genere Geuissorum, cum exularet a patria sua, interfecit Regem Aedilualch, ac provinciam Ulam saeva caede ac depopulatione attrivit; sed mox expulsus est a Ducibus Regis, Bercthuno et Andhuno, qui deinceps regnum provincia? tenuerunt : quorum prior postea ab eodem Caedualla, cum esset Rex Geuissorum, occisus est, et provincia graviore servitio subacta. Sed et Ini qui post CaeduaUam regnavit, simili pro vinciam iUam adflictione plurimo annorum tempore mancipavit. Quare factum est ut toto Ulo tempore Episcopum proprium habere nequiret ; sed revocato domum Uilfrido primo suo An- tistite, ipsi Episcopo Geuissorum. id est, Occidentalium Saxonum qui essent in Venta civitate, subjacerent. (Beda, iv. 15.) [MeanwhUe Ceadwalla coming up with his army, a very vigorous young man of the royal race of the Geuissi, when he was in exfie from his country, slew King Aedilualch and wasted his province with savage bloodshed and ravage, but soon after wards he was driven out by the King's Dukes, Bercthun and Andhun, who in succession held the government of the province. The former of these was later killed by this same Ceadwalla, when he was King of the Geuissi, and the province was reduced under a stricter rule. But Ini too, who reigned after Ceadwalla, kept this province under similar oppression for a great number of years. Wherefore it came to pass that during aU that time it could have no Bishop of its own, but after its first Bishop Wilfrid had been called home, they were subject to the Bishop of the Geuissi, that is, of the West Saxons, who were in the city of Winchester. (Bede, iv. 15.)] By Alfred, in his version, the Ealdormen are caUed Berhthune and Hunc1, an important variation. The expressions employed Proofs and Illustrations 473 686 BERTHUN slain by CEADWALLA. Part n. SUSSEX. 693 INA continues to exercise the rights of sovereignty HUNA or in Sussex, in which three kings, — HUNA, NUMA, wattus or NUNNA— NOTHELM — and WATTUS*, N0THElJ'- govern under his supremacy. by Bede and Florence imply, that Berthun and Hune assumed the royal power, and this circumstance lessens tfie apparent incongruity of so many concurrent "kings" in so smaU a compass. a The foUowing charters (Mon. ut supra), which relate to these obscure regufi, must, in the mercantfie phrase, be quoted ' ' errors excepted " : — In nomine Domini nostri Salvatoris. Ego Bruny, Dux Suthsax, partem agri juris mei, &c. concedo Eadbyrto, Abbati. Ego NUMA, Rex, hanc donationem consensi et subscripsi. Ego Wattus, Rex, consensi et propria manu scripsi1. [In the name of the Lord our Saviour. I, Bruny, Duke of the South Saxons, grant to Abbot Eadbert a portion of land in my possession. I NUMA, King, have consented to this gift and have signed. I Wattus, King, have consented and signed with my own hand.] In nomine Domini, &c. Ego Nothelmus, Rex Suthsex, pro remedio anima? mea?, &c. tibi Nothgidce sorori meae afiquam terra? partem fibenter dabo, ad construendum in ea monasterium, &c. Ego Numa2, Rex Sussex, consensi et subscripsi. Ego Wattus, Rex, consensi et subscripsi. Ego COENREDUS, Rex West Sax., consensi et subscripsi. Ego Ine, consensi et propria manu scripsi3. [In the name of the Lord, &c. I, Nothelm, King of the South Saxons, for the healing of my soul, &c. wiU freely give to you, Nothgithe, my sister, a portion of land to build a monastery on. I, Numa, King of the South Saxons, have consented and signed. I, Wattus, King, have consented and signed. I, COENRED, King of the West Saxons, have con sented and signed. I, Ine, have consented and signed with my own hand.] Wattus is perhaps a latinization of Wada, a name which often occurs. As there was no King of Wessex named Cenred, it is possible that the transcriber has been deceived by a practice very common in ancient transcripts, viz. of turning the line upwards when the writer was pressed for room; by which 474 Part II. 758) Proofs and Illustrations OSMUND reigned in Sussex3. Sussex. 772 °ethelbDert. — ETHELBERT, King of Sussex b. sigebert. 796 SIGEBERT c. teimt arrangement, the end of a lower line appears to form a part of the preceding, thus — subscripai. Ego Coenredus | Rex West Sax. consensi et subscripsi. Ego Ine consensi et propria manu, &c. It is not, however, impossible, that this Cenred may have been the father of Ina, to whom his son granted some part of Wessex, with the title of King, and that hence he joined in Ina's enactments. This observation did not occur to me when writing the Note (Part I. pp. 339—340.) It is stated in the new edition of the Monasticon (VI. 1159) that a copy of Numa's Charter of 714 has been found, in which the name of Numa is written Nunna — possibly Nunna, the kinsman of Ina (see above, p. 335). I stUl continue to believe that the name is Hun, or Hunna, the capital X, in very early manuscripts, approaching so nearly to the form of an H as to render it extremely probable that the letters may have been confounded. a See Flor. Wigorn. ad an. 75S. Two charters granted by Osmund, though offering many difficulties, are supported by the testimony of Florence. He takes the title of "Osmundus Rex," — the first is dated a.d. dclxu (by mistake for dcclxii)1. The other is confirmed by Off a, and also by Brodda, Dux. Berth- wald, Dux. Eadbald, Dux. Esne. Dux, &c.2 In 771 Offa conquered the "gens Hestingiorum," sometimes placed in Sussex (but see below, p. 485, note b). b Of him there is one charter without date, in which he assumes the style of Ethelbcrtus Rex Sussaxonum. It is con firmed by Offa, Rex, and Osendred (i.e. Cwendred) Regina. (Mon. ut supra.)3 He is perhaps the Ethelbert who takes the title of "Rex Occidentalium (Australium) Saxonum seu Cantuariorum, in two charters, dated 7S1 and 790, but which offer many difficulties. (Text. Roff. pp. 85. 92.) 0 According to Waiiingford, Sigebert- was King of the South Saxons for one year, previous to the conquest of the country by Cenwulf, an event which he places about the period of the conquest of Kent. Proofs and Illustrations 475 Abut 828 Sussex submits to (Herbert. (See above, p. 345.) Part II. From this period Sussex and Surrey appear to Sussex. have been considered as integral portions of the Empire of Wessex, but as annexed to the Kingdom of Kent, and passing with it. 836 ATHELSTANE, King of Sussex, under the supremacy of his father, ETHELWULF. (See above, pp. 351, 465.) DUCES AND EALDORMEN, &c. OF THE SOUTH SAXONS. — BERTHUN and ATHELHUN. (See above, p. 472.) ™j* 693 BRUNY. (See above, p. 473, note a.) bruny. 780 OSLAC 'a. oslac. — ALDWULF, or EADWULFb. aldwulf. 982 Death of EDWIN, Ealdorman or Dux of the South edwin. Saxons. 897 Death of Eadulf, the King's Thane in Sussex0. (Eadui/j Cyninges Thegn on Sutb Seaxum. 1007 Wulfnoth "Cild"d or Thane of the South Saxons (Wuifnoth.) (father of Godwin) about this time. a Ego Oslac Dux Suthsax, confirmed by "Offa, Deo donante Rex Merciorum," and by "Eadwlf." (Mon. ut supra.)1 [I, Oslac, Duke of Sussex,. . ."Offa, by the gift of God King of the Mercians "... "Eadulf." (Mon. as above.)] b Of him there are two charters, in which he assumes the title of "Dux Suthsaxonum," making such grants with the consent of Offa. (Mon. ut supra.)2 0 Eadulf in Suih Saxonia, Regis Minister. (Flor. Wigorn.) He was one of the "Custodes" appointed by Alfred to defend the kingdom against the Danes. (Flores Hist.) d Suih Saxonum Minister Wulnoth. (Flor. Wigorn. and see below, p. 511.) 476 Proofs and Illustrations Part II. mercia- SURREY*. frithewald. FRITHEWALDb, Subregulus of Surrey, under the supremacy of WULFHERE, King of Mercia. Married to Welburga, daughter of Penda. u No notices of the first settlement of "Suthrige," or the Southern Kingdom (so caUed with respect to Middlesex) are preserved ; but it seems to have belonged to Wessex from a very early period, as it was included in the original Diocese of Winchester. b Restorer of the Abbey of Chertsey, to which monastery he granted a charter, containing the foUowing passages: — Ego FRITHEUU ALDUS Provincial Surrianorum Subregulus Regis WLFARII Mercianorum. . . . Et Ego FRITHEUU ALDU S , qui donator sum una cum Erlcenuualdo Abbate, signum sancta? crucis pro ignorantia literarum expressi. Signum manus Frithurici testis. Signum manus Ebbi testis. Signum manus Eguualdi testis. Signum manus Baduualdi testis. Signum manus Ceaddi testis. Similiter Hum- fridus Episcopus rogatus ab Abbate Erlcenuualdo manu propria subscripsit. — Et isti sunt Subreguli qui omnes sub signo suo subscripserunt. Signum manus Fritheuuoldi testis. Signum manus Osrici testis. Signum manus Wigherdi testis. Signum manus Mtheluuoldi testis. Et ut firma sit haec donatio, et con- firmacio stabilis, a Wlfario Rege Mercianorum confirmata est haec cartula : nam et super altare posuit manum suam in villa quae vocatur Thamu, et manu sua signo sancta? crucis subscripsit. Acta sunt haec juxta villain Fritheuuoldi, juxta supradictam fossatam Fullingadich. (Mon. I. 426. )x [I, FRITHEWALD, of the Province of Surrey sub-King of King WULFHERE of the Mercians... . And I, FRITHEWALD. who am the donor together with Erkenwald, Abbot, have formed the sign of the holy Cross because of my ignorance of writing. The mark of the hand of Frith-uric, witness. The mark of the hand of Ebbi, witness. The mark of the hand of Egwald, witness. The mark of the hand of Bead u weald, witness. The mark of the hand of Ceadda, witness. In a simUar way Humfrid, Bishop, when asked by Abbot, Erkenwald, subscribed with his own hand. And these are the sub-Kings, all of whom have subscribed after their mark. The mark of the hand of Frithewald, witness. The Proofs and Illustrations 477 823 Men of Surrey submit to (Egbert as their rightful Part II. sovereign. wessex— SURREY 836 ATHELSTANE, son of ETHELWULF— King of athelstane. Surrey, under the supremacy of bis father. (See above, pp. 351, 465.) 853 HUDA, or WADA, Ealdorman of Surrey, slaina. huda. (Sax. Chron. Asser. Sim. Dunelm.) 857 ETHELBERT succeeds to Surrey upon the division ethelbert. of the dominions of ETHELWULF. (See above, p. 354.) MERCIA. ANGLES. mercia. 585 Kingdom of the Mercians said to have begun under grid a. CREODA, or CRIDAb. mark &c. of Osric, witness. The mark &c. of Wigheard, witness. The mark &c. of Mthelwold, witness. And in order that this donation may be firm and its confirmation lasting, this charter has been confirmed by Wulfhere, King of tfie Mercians ; for he placed his hand on the altar in the town which is caUed Thame and besides subscribed with his own hand with the sign of the holy cross. This was done near the town of Frithewald, near the above-mentioned ditch of Fullingadich. (Mon. I. 426.)] Wulfhere confirms the donation of " Fritheuualdus Sub regulus," by another charter without date1- And there is a third charter2 of Frithewald, with the date of dccxxvn, which is probably an error for dclxvii, as the history of the monastery places its foundation in 666. a Asser, p. 7, and Hoveden. b According to Huntingdon, the first settlement of East Anglia and Mercia took place about the time that Cerdic and Cynric gained the victory of Cerdicesford : — Ea tempestate venerunt multi et saepe de Germania, et occupaverunt East Angle et Merce, sed necdum sub uno rege redacti erant; plures autem proceres certatim regiones occupa- bant, unde innumerabilia bella fiebant. Proceres vero, quia multi erant, nomine carent. (Hen. Hunt.) [At that time many men came and at frequent intervals from Germany and occupied East Anglia and Mercia, but they 478 Proofs and Illustrations Part II. MERCIA. WIBBA. CEORL. 593 Death of CRIDA (Sax. Chron.) first King of the Mercians. WIBBA, son of CRIDA a, reigned three years. (Flores Hist.) CEORL*, or CHARLES, kinsman of WIBBA, King were not yet reduced under one King; several nobles on the contrary vied with one another in seizing these regions, whence arose wars innumerable. Indeed the nobles, because they were many, are not mentioned by name. (Henry of Huntingdon.)] According to blores Hist, these settlements were concurrent with the occupation of Essex: — Anno gratias 527, Justinianus Romanum suscipiens imperium, annis 38 imperavit. Eodem anno venerunt de Germania pagani, et occupaverunt Estangliam, id est, regionem Ulam, quae orien- talium Anglorum regio dicitur, quorum quidam Merciam invadentes, beUa cum Britonibus plurima peregerunt. Sed quoniam proceres eorum erant multi, nomine carent. Eodem anno, regnum Oricntalium Saxonum, quod modo Estsaxia dicitur, originem sumpsit, quod primus, ut creditur, tenuit Erkenwinus, qui fuit fifius Offce, qui fuit Bredecani, qui fuit Sigeuulf, qui fuit Spetuce, qui fuit Gesac, qui fuit Andessc, qui fuit Saxnad, qui fuit Woden. (Flor. Hist. p. 99.)1 [In the year of grace 527, Justinian receiving the Roman Empire, reigned for 3S years. In the same year pagans came from Germany and seized East Anglia, that is that region, which is caUed the region of the Eastern Anglians, some of whom invading Mercia, carried on very many wars with the Britons. But since their nobles were numerous, they are not mentioned by name. In the same year the Kingdom of the Eastern Saxons, which is now caUed Estsaxia, had its origin, because, as is believed, the first to rule it was Erhnwine, who was the son of Offa, who was the son of Bedeca, who was the son of Sigcivulf, who was the son of Spetua, who was the son of Gesac, who was the son of Andessc, who was the son of Saxnad, w ho was the son of Woden.. (Flowers of the Histories.)] a Wibba, or Wippa, reigned in Mercia about the period when Ethelbert was converted. (Hunt.) » "Ccarl, Rex Merciorum" [Cearl, King of the Mercians], is incidentally mentioned by Bede (ii. 14), but his name does not appear in the Saxon Chronicle or Malmesbury. According lo Huntingdon (p. 181), he was the "consanguineus" [blood relation] of "Wibba." Proofs and Illustrations 479 • of Mercia. His daughter, Qucenburga, married to Part n. Edwin of Northumbria. Reigned 10 years. mercia. 626 PENDA1, son of WYBBA, separates Mercia from penda. Northumbrian. Reigns 30 years. 633 PENDA, in alliance with CADWALLA, and other British kings, wages war against Northumbria. (Bede, ii. 12.) 645 Cenwealh expelled from Wessex by PENDA. 653 PEADA, the son of PENDA, and "Ealdorman" of the Middle Angles, baptized b. a Malmesbury and the Genealogist seem to consider Penda as the first King of the Mercians, but Ceorl certainly bore that title before him : Penda fifius Pibba (Wibba) regnavit decem annis; ipse primus separavit regnum Merciorum a regno Nordorum et Onnan regem Easter-Anglorum, et Sanctum Osuualdam regem Nordorum occidit per dolum ipse fuit victor per diaboficam artem. Non erat baptizatus, et nunquam Deo credidit. (Geneal. appended to Nennius, p. 117.) [Penda the son of Pibba (Wibba) reigned for 10 years; he was the first to separate the Kingdom of the Mercians from the Kingdom of the Northmen, and slew by treachery Onna, King of the East Angles, and St. Oswald, King of the North men — he himself gained the victory by his diabolical plot. He was not baptized and never believed in God. (Geneal. appended to Nennius, p. 117.)] . . . . Anno Dominicae Incarnationis 626, post mortem Hengisti anno 139, Penda quidam filius Wibbce a Wodenio decimus, stirpe inclytus, bellis industrius, idemque phanaticus et impius, apud Mercios regis nomen praesumpsit. (WiU. Malm, de Gestis Regum, i. 4.) [...In the year of Our Lord's Incarnation 626, being the one hundred and thirty-ninth year after the death of Hengist, one Penda, son of Wibba, the tenth in descent from Woden, of illustrious stock and zealous in warlike matters, and at the same time fanatical and unbelieving, assumed the title of King among the Mercians. (WiUiam of Malmesbury, Acts of the Kmgs, i. 4.)] b Huntingdon seems to consider the names of Middle Anglia and Mercia as synonymous. 480 Proofs and Illustrations Part H. MERCIA.PENDA. READ A. WULFHERE. 655 PENDA, and thirty Duces, his allies, amongst whom is Mdilhere, brother of ANNA, King of the East Angles, defeated on the banks of the Winwid"- by ©Stot'o, King of Northumbria— PENDA is slain, and ©statu governs Mercia for about three years. (Bede, iii. 24.) PEADA, son of PENDA, and brother-in-law of (Dstoio, receives from the latter the Kingdom of South Mercia, separated by the Trent from North Mercia b. 656 PEADA slain by the treachery of his wife. ©stoto becomes direct sovereign of the whole country. 656 The Mercian Duces, or Ealdormen, I MM IN, EAFA, and EADBERT c, rebel against ©StatO — expel the Ealdormen of the "strange king"; and WULF HERE, son of Penda, whom they had concealed ) a The translator of Huntingdon has preserved the sense of a traditionary stave relating to this battle : — In Winwed amne vindictus est caedes Annas, Caedes regum Sigbert et Ecgrice, Csedes regum Osu-ald et Edvrine. [At the river Winwced the slaying of Anna was avenged, The slaying of the Kings Sigebert and Ecgric, The slaying of tbe Kings Osieald and Edvrin.] b Quo tempore donavit prcefato Peada, filio Regis Pendan, eo quod esset cognatus suus, regnum Australium Merciorum qui sunt, ut dicunt, famibarum quinque mUliuni. (Beda, hi. 24.) [And at this time he presented to the aforesaid Peada, son of King Penda, because he was his relative, the Kingdom of the South Mercians, who are composed, it is said, of five thousand families. (Bede, hi. 24.)] Tha seondon, thses the menn cwethath, fif thusendo folces, and tha synd tosceadenne mid Treontan stream c with North Mercurn, thara londes is seofon thusendo. (Alfred's Version.) [They are, as men say, five thousand families, and they are divided by the river Trent from the North Mercians whose land has seven thousand. (Alfred's Version of Bede.)] 0 Two of these Ealdormen, I m m in and Eadbert, are amongst the King's "Theoncst-men" (Retainers), who with other members of (he Witenagemot, confirm the foundation charter of Medham- sfede. (Sax. Chron. p. 45.) Proofs and Illustrations 481 (probably to save his life), succeeds to the King- Part li. doms of the Mercians and Middle Angles*. (Bede, mercia. iii. 24.) 661 War between WULFHERE and CENWALH. 2@Eulf= wulfhere. here conquers the Isle of Wight from Wessex (see above, p. 334) which he bestows upon ETHEL WALD, King of the South Saxons (Bede, iv. 13), and he adds to his style, the title of King of the Southern Kingdoms. 661 About this time FRITHEWALD was Subregulus of Surrey, under (KSuliljere. (See above, p. 476.) 666 (USEulffiete promotes Uini (Wine) to tbe see of London. (Bede, in. .7.) 672 Wynfred ordained Bishop of Mercia, Middle Anglia, and Lindesay, aU subject to S5Sulft)ere. (Bede, iv. 3.) MERWALD, King of the "Western part of Mercia" (i.e. Westhecana or Herefordshire) about this time b — also caUed King of Mercia. (Sim. Dunelm. p. 89.) » He assumed the style of "WULFHERE Dei beneficio Rex Merciorum et Mediterraneorum Anglorum, Australiumque regnoram.— A.D. 664." (Mon. I. 378.)1 [WULFHERE, by the favour of God, King of the Mercians and of the Middle Angles and of the Kingdoms of the South. (Mon. I. 378.)] Mercia and Middle x^nglia were considered as being two distinct nations. Bede remarks upon the induction of Diuma (658) to be Bishop of the Mercians and Middle Angles : — "Paucitas enim sacerdotum cogebat unum antistitem duobus populis praefici." (iii. 21.) [For the scarcity of priests made it obligatory that one bishop should be appointed over the two peoples.] b Fuerunt germani regis Wulfere, Etheldredus qui post eum gubernavit, Penda qui Australium Anglorum regnum tenuit, et Merwald qui in occidentali plaga Merciorum regnum tenuit. Cui Regina sua Ermenburga, Regis Ermenredi fifia, peperit tres filias, Milburgam, Milgidam, et Mildridam, unumque fifium Merewinum. (Acta Sanct. Junii IV. p. 510, and Flor. Wigorn. P- 691.) [These were the brothers of King Wulfhere, Ethelred who reigned after him, Penda, who held the throne of the South r.vn. 31 482 Proofs and Illustrations Part II. MERCIA. €tl)rtttl. CENRED. CE0LRED. 675 OTulfhcte dies— ETHELRED, son of $ enrja, suc ceeds. 697 Ostrytha, ETHELRED's Queen, and sister of ECG FRITH of Northumbria, slain by the South- humbriansa. 702 CENRED succeeds to Southhumbria. 704 ETHELRED resigns in favour of CENRED*, his "patruelis " [see below], who succeeds to aU Mercia, and in whose days there were many battles with the Britons0. 709 CENRED d resigns his crown, and is succeeded by 709 CEOLRED. 715 Battle between CEOLRED and INA, at Wodnes- burgh. Angles, and Merivald, who held the throne in the western region of ihe Mercians. And his Queen Ermenburga, daughter of King Ermenred, gave birth to three daughters, Mildburga, Mildgida and Mildred, and one son Merewine. (Acts of the Saints, June, IV p. 510, &c.)] a The Southhumbrians are particularly noticed as having kiUed their queen. (Flores Hist. Flor. Wigorn. Bede, v. 24.) b Mthelredus Merciorum Rex. . .monachus factus, Kenredo suo patrueli regnum dedit. (Flor. Wigorn.) [Mthelred, King of the Mercians, became a monk and handed over the Kingdom to Kenred, his "patruelis."1 (Florence of Worcester.)] 0 Contigit itaque in diebus Coinredi Merciorum Regis, cum Brittones infesti hostes Saxon ici gentis, bellis, prasdis, publicisque vastationibus Anglorum gentein deturbarent, &c. (Vita Sei. Guthlaci, Acta Sanct. Aprilis II. p. 39.) [And so it happened in the days of Coenred, King of the Mercians, when the British, the deadly enemies of the Saxon race, were harassing the English people with wars, plunderings, and general devastation. (Life of St. Guthlac, Acts of the Saints, April, II. p. 39.)] i According to Waiiingford (p. 527), Cenred only reigned as Regent,; the Crown having been entrusted to him during the minority of Ccolrcd, the son of Ethelric. This writer also con siders him as the father of Ina. Proofs and Illustrations 483 716 lEthelbaluA son of Alweo, son of Eawa, son of Wybba, Part n. succeeds upon the death of CEOLRED — reigns mercia. 41 years, and obtains the supremacy over all the (!Ht^Kmll,• Kings of the English. 728 lEt&eluaUf invades the British territories. 728 Battle of Mount Carno, of which, according to the Welsh (Wynne's Caradoc, p. 16), the result was dubious, and there can therefore be Uttle doubt but that they were worsted. 733 Somerton taken by lEtfjelbaUl. 742 Great CouncU held at Clofesho, in which OFFA attends as "PatriciusV » Ethelbald superbus pragdavit Norihumbre, vicitque gentem e, praefuitque Regibus omnibus Anglice. (Hen. Hunt. p. 198.— For his titles, see above, pp. 300, 301.) [Ethelbald, the proud, ravaged Northumbria and conquered the people of Wales and was sovereign over aU the Kings of England. (Henry of Huntingdon, p. 198.)] 11 A.D. 742. Congregatum est magnum concilium apud Clofesho, praesidente eidem concfiio xETHELBALDO, Rege Merciorum .... Ego xETHELBALD, Rex. Ego Cuthbertus, Archiepsc. Ego Wita, Epsc. Ego Torhthelm, Epsc. Ego Wilfred, Epsc. Ego Cuthberht, Epsc. Ego Hueilac, Epsc. Ego Eanfrith, Epsc. Ego Egclaf, Epsc. Ego Aluuig, Epsc. Ego Hunwald, Epsc. Ego Daniel, Epsc. Ego Aldwulf, Epsc. Ego Mthelfrith, Epsc. Ego Herewald, Epsc. Ego Sicga, Epsc. Ego Redwulf, Epsc. Ego OF A, Patricius. Ego Aldwulf, Dux. Ego Mthelmod, indolis Merc. Ego Heardberht, Dux. Ego Eadbald, Dux. Ego Bercul, Dux. Ego Cyneberht. Ego Freothoriic. Ego Wermund, Abbas. Ego Cuihrasd, Abbas. Ego Buna, Abbas. (Concilia I. p. 87.)1 [A.D. 742. A great CouncU was assembled at Clovesho, under the presidency of xETHELBALD, King of the Mercians. . . . I, ETHELBALD, King. I, Cuthbeorht, Archbishop. I, Wita, Bishop. I, Torhthelm, Bishop. I, Wilfred, Bishop. I, Cuth beorht, Bishop. I, Hweilac, Bishop. I, Eanfrith, Bishop. I, Ecglaf, Bishop. I, Alwig, Bishop. I, Hunwald, Bishop. I, Daniel, Bishop. I, Ealdwulf, Bishop. I, Mthelfrith, Bishop. 31—2 Part II. MERCIA. ffttjtlbalti. BEORNRED, 484 743750752 757 Proofs and Illustrations lEtfjrlbalu at war with the Wealas. lEttjdbalrJ defeated by CUTHRED at Burford. ETHELBALD treacherously kiUed at "Secandune," "a suis tutoribus" [by bis guards] (Sim. Dunelm. de Gestis) and buried at Repton. BEORNRED the Tyrant succeeds, but is deposed by the Mercians*. I, Herewald, Bishop. I, Sicga, Bishop. I, Redwulf, Bishop. I, OFFA, Patricius. I, Ealdwulf, Duke. I, Mthelmod, boy prince of Mercia. I, Heardberht, Duke. I, Eadbald, Duke. I, Bercol, Duke. I, Cyneberht. I, Freothoric. I, Wermund, Abbot. I, Cuthred, Abbot. I, Buna, Abbot. (WUkins, CouncUs, I. p. 87.)] I see no reason to doubt but that this Offa is the same who was afterwards king. In a charter granted by Eanbert of the Hwiccas (Hem. 37)1 and, as it is supposed, before 742, he is caUed Puer, that is to say, " CUd," or "ChUd," as a title of honour. a Mercu inter se beUum civile inierunt, Beornred in fugam verso, Offa Rex victor extitit. (Sim. Dunelm. de Gestis.) [The Mercians entered upon civil war and after Beornred had been put to flight, King Offa remained the victor. (Simeon of Durham, History of the Kings.)] Rex Merciorum Ethelbaldus occiditur. . .cujus regnum Beorn- redus tyrannus invasit et per modicum tempus in parva laetitia et jocunditate tenens, regnum cum vita perdidit; quo mortuo, successit in regnum nepos patruelis Mthelbaldi Regis Merciorum, Offa. (Flor. Wigorn.) [Ethelbald, King of the Mercians, is kUled . . . and his kingdom was invaded by the tyrant Beornred, who after holding it for a short time with but little joy and gladness, lost it and his life with it. .After his death Offa, the nephew of Ethelbald, King of the Mercians, succeeded to the throne. (Florence of Worcester.)] Gens de regno Merciorum, contra regem suum Beornredum insurgcns, pro eo quod populum non aequis legibus, sed per tyrannidem gubernaret, convenerunt in unum omnes, tam nobiles quam ignobiles, et Offa duce, adolescente strenuissimo, ipsum h regno cxpulcrunt. Quo facto, unanimi omnium consensu pncdiotum Offam in regem, tam clerus quam populus coronarunt. (Flores Hist.) [The people of the Kingdom of Mercia, rising against their Proofs and Illustrations 485 757 OFFA, who had hitherto ranked as a "Patricius," Part n. of the royal line of Wibba, raised to the throne, mercia. ©ita acknowledged as King by the Clergy and Laity. Kent becomes subject to bis supremacy. (See above, p. 460.) 769 Beornred, who appears to have retained some portion of the kingdom, makes war against the Northum brians — burns Catterick, but in the course of the year, he himself meets with his death by violence a. 771 ©ffa subdues the "Gens Hestingorum* ." 775 ©ffa takes the town of Bynsyntun — defeats CYNE WULF of Wessex. 776 War between the Mercians and the men of Kent — the latter are defeated by ©ffa in the battle of Ottford. 777 ©ffa wars against the Britons — conquers the greater part of the tract between the Severn and the Wye, or Powys — causes the dyke, which still bears bis King Beornred, because he governed his people not with laws that were just, but in a tyrannical fashion, assembled together, nobles as weU as commons, and under the leadership of Offa, a very vigorous youth, drove him from the kingdom. Where upon they, the clergy and the people, crowned the aforesaid Offa, amid universal consent. (Flowers of the Histories.)] 0 Cateracta civitas igne cremata est a Beornredo tyranno rege Merciorum deposito. Sed ipse infelix, eodem anno, justo Dei judicio incendio perfit. (Flores Hist.) [The town of Catterick was burned by Beornred, the tyrannical King of the Mercians, after his deposition. But the hapless man in that same year perished by fire, in accordance with the just judg ment of God. (Flowers of the Histories.)] By Simeon of Durham (de Gestis) he is caUed "Earnredus Tyrannus." It is to be observed, that Florence of Worcester is the only authority by whom the death of Beornred is placed in 757, the others merely speak of his deposition by Offa. 11 Sim. Dunelm. and Mailros — Gens Anglorum. — Flores- Hist. It is not easy to ascertain what people are meant1- The name has inclined many writers to suppose that they were the inhabitants of Hastings, but they could scarcely be of sufficient importance. Perhaps we should read East Anglorum. 486 Proofs and Illustrations Part II. MERCIA.\v gcrc gebeon .E^lred Alderman aUe Mercna weotan tosomne to Gleaweceastre, biscopas 7 aldermen 7 all his duguSe 7 o'aet dyde be xElfredes cyninges gewitnesse 7 leafe. [Then in that year .Ethelred the alderman summoned aU the Witan of the Mercians together to Gloucester, bishops and aldermen, and all the nobility, and did that with the cognisance and leave of King Alfred.] Alderman ETHELRED summoned aU the Witan of Mercia together at Gloucester — Bishops and Aldermen, and all his Nobility— and this he did with the knowledge and permission of King ALFRED. (Heming. p. 93.) Proofs and Illustrations 501 918) Earl THURKYTEL and Danes of Northampton and Part n. 919] Bedford submit to 1ElJtoatl3a. mercia. a Danicus Comes Thurferthus, quia Regis diutius strenuitati resistere non valebat, cum civibus et provincialibus Noriham- tunensibus Danis et Anglis, regi se dedebat. His gestis, Rex domum rediit, aliumque exercitum ad Huntandun e vestigio misit, ut civitatem resarcirent et renovarent, et in ea custodes ponerent. Quibus peractis, omnes provinciales ilfi, qui Danorum supererant crudelitati, se manibus iUorum evasisse gaudentes, pacem et patroeinium regis petebant Paucis vero interjectis diebus, Westsaxonico coadunato exercitu, ad Goleceastram Rex abiit, et murum Ulius redintegravit, virosque in ea belficosos cum stipendio posuit. Interim de Eastanglia et Eastsaxonia multi Anglorum, qui ferme triginta annos feritati Paganorum sub- jacebant, laeto animo se regi subjiciebant. Ad quem etiam Dani Eastangliam incolentes venerunt, et se mari terraque nU quod regem offenderet penitus acturos, sacramento firmaverunt. Venit et Danorum exercitus de Grantebricgeie, et Ulum in dominum et patronum delegit ; et hoc juramentis, ut ipse voluit, roboravit. (Flor. Wigorn. and see above, p. 358.) [Thurferth, the Danish Earl, because he was not strong enough to make any further resistance against the energy of the king, with the citizens and countryfolk of Northampton, both Danes and English, submitted to the king. After this the king returned home and sent another army immediately to Huntingdon, to repair the city and renovate it and to place a garrison in it. Upon the completion of this, aU the men of that province, who had survived the cruelty of the Danes, rejoicing that they had escaped from their hands, sought the peace and protection of the king. After an interval of a few days, when the West Saxon army had assembled, the King departed to Colchester, and repaired its waU and placed in the town a paid force of fighting men. MeanwhUe many of the English from East Anglia and East Saxony, who for nearly thirty years had been exposed to the ferocity of the Pagans, gladly submitted to the king. And to him also came the Danes who lived in East Anglia, and bound themselves with an oath that they would do nothing whatever by sea or land which would harm the king. And an army of the Danes came from Cambridge and chose bim as their lord and patron, and with their oaths corroborated this, as he wished. (Florence of Worcester, and see above, p. 358.)] 502 Proofs and Illustrations Part ii. 920 "Legraceastre," or Chester, taken by ETHELFLEDA. •> Harefoot influence of Earl LEOFRIC and the Thanes North of the Thames0. s Angli et Dani apud Oxenefordam de lege Regis Edgari tenenda Concordes sunt effecti. (Flor. Wigorn.) [The English and Danes came to complete agreement at Oxford concerning the keeping of the law of King Edgar. (Florence of Worcester.)] * 1022 Angli et Dani in coUoquio apud Oxoniam celebrate de legibus Edwardi primi tenendis concordi effecti sunt. Unde eisdem legibus jubente Rege Cnutone ab Anglica lingua in Latinam translatis, tam in Dania quam in Anglia propter eorum aequitatem, a regi preefato observari jubentur. (Flores Hist.) [1022 The English and Danes in a conference which was held at Oxford concerning the keeping of the laws of Edward the First, came to complete agreement. Whereupon when these same laws at the command of King Canute were translated from the English tongue into Latin, they were ordered by the aforesaid king to be observed in the country of the Danes as well as in the country of the English, on account of their equity. (Flowers of the Histories.)] These conventions seem to have been particularly held for Mercia. 0 He is not expressly designated as King of Mercia in the account of this transaction as contained in the Saxon Chronicle, but he is so caUed on his accession to the government of aU Eng- !and. (Sim. Dunelm. 179. Flor. Wigom. 622. See Northumbria.) Part n. MERCIA. MIDDLE ANGLES. PEADA. 506 Proofs and Illustrations MIDDLE ANGLES. 653 PEADA , Ealdorman of the Middle Angles (see above, p. 480). thoreo. 1 04 1 THORED, Comes or Earl of Middle Anglia about this time (see below, pp. 525, 526). MERCIA. ethelred, EALDORMEN AND EARLS OF MERCIA, After the final subjection of the Kingdom to the Imperial Supremacy of 92Sf;SSEXa. 883 ETHELRED, ETHERED, or EADRED, ruler of Mercia under the supremacy of ALFRED about this time"— married to ETHELFLEDA, daughter a Ethelred and Ethelfleda appear to have possessed the usual authority of the "under-Kings." Edric Streone appears rather in the character of a viceroy. Such portions of Mercia as are included in Danelaghe do not seem to have been subjected to these rulers. b I use the expression, because the style of the charter whence we coUeot this fact is singular and guarded, as if he wished to assert a fuU title to the sovereignty, without taking the title of King. Ego Mthelred, divina largiente gratia principatu et dominio gentis Merciorum subfultus. Ego Aihelred Merciorum gentis ducatum gubernans. A.D. 884. [I, Mthelred, by the bounteous grace of God, elevated to the principate and lordship of the people of the Mercians. I, Mthelred, directing the command of the people of the Mercians- A.D. 884. (Smith's Bede, App. p. 771.)] Then follow the names of the Optimates of Mercia, from whence we may eoUect that the Kingdom then contained at least five subordinate Earldoms. Wit If red — Werfrith — Deorlaf. Bishops. Mthel weald — Mthulf — Beornhmth — Mthelferih — Ealhhdm. Ealdormen. Eardwulf— Mlfwald — Eadnoth — Mlfred — and Mthelmund. (Smith's Bede, App. p. 771. J1 Ethelred's ancestry is unknown: but as bis daughter was Proofs and Illustrations 507 of ALFRED, by his wife Ealhswitha, of the royal Part II. line of Mercia. mercia. 886 London granted to ETHELRED by ALFRED, to " be held in fealtya. 912 ETHELRED, "Patricius, Dux, Dominator, Ealdor man, or Subregulusb" of Mercia, under ALFRED, dies— ETHELFLEDA, his widow, daughter of considered as lawful heir by inheritance, it is probable that she had a lawful hereditary right transmitted to her. a In fidelitatem concessit. (WUl. Malm, de Gestis Regum.) [Granted it to be held in fealty. (WiUiam of Malmesbury, Acts of the Kings.)] Eihelredo comiti Merciorum commendavit servandam. (Asser, p. 52.) [Entrusted it to the keeping of Ethelred, Earl of the Mercians. (Asser, Life of Alfred, p. 52.)] 6 Mthelred, Dux et Patricius gentis Merciorum cum ficentia, et impositione manus Mlfredi Regis una cum testimonio et consensu seniorum ejusdem gentis, episcoporum vel principum. 880. (Heming. p. 60.)1 [Mthelred, Duke and Patrician of the people of the Mercians, with the hcense and laying on of the hands of King Alfred, together with the testimony and consent of the Elders of that same people, of the bishops and the princes. 880. (Heming's Chartulary, p. 60.)] ALFRED, Rex Anglorum et Saxonum, et MTHELRED, Subregulus et Patricius Merciorum cum testimonio et ficentia seu consensu senatorum, episcoporum seu ducum utriusque gentis. 889. (Heming. p. 41.) 2 [xELFRED, King of tfie Angles and Saxons, and MTHEL RED, Vassal King and Patrician of tfie Mercians, with the testimony and license or consent of the senators, the bishops or leaders of both peoples. 889. (Heming's Chartulary, p. 41.)] EADWERD Rex Mthelred Dux Merciorum et Mthel- flade, senatoresque eorum. 907. . . .Mthelred Dux et Dominator Merciorum necnon quoque et Mthelflcede cum testimonio episcoporum et principum aliquorumque senatorum sibi sub- jectorum3 (and see above, p. 310). [EADWARD, King Mthdred, Duke of the Mercians and Mthelflced and their senators. Nil.... Mthelred, Duke and Master of the Mercians and Mihel- flad also, with the testimony of the bishops and princes and other Senators subject to him.] Ethelred is inserted amongst, and concludes the list of Mercian kings (Heming, p. 242). 508 Proofs and Illustrations Part II. MERCIA. ETHELFLEDA. Ealhswitha, the Lady of Merciaa, stUl continues to govern the country, with the exception of London and Oxford, retained by EDWARD. 919) ETHELFLEDA, "Domina Merciorum," dies at 920) Tamworth, having held the government of Mercia, by legitimate authority, during eight years, leaving Elf win or Alwin, her only daughter by Ethelred, heiress of the Kingdom. lErjfoariJ takes possession of the country15. He and his wife are caUed "Mercna Hlafordes." A.D. 904. (Heming. p. 13.) a Mthelfied Eadredo Merciorum comiti copulate est. (Asser, p. 42.) [Mthelflced was wedded to Eadred, Earl of the Mercians. (Asser, Life of Alfred, p. 42.)] Eximiae vir probitatis, Dux et Patricius, Dominus et Sub regulus Merciorum Mthelredus, post nonnuUa quas egerat bona decessit. Post cujus mortem uxor Ulius Mgelfleda, regis Alfredi fifia, regnum Merciorum, exceptis Lundonia et Oxeneforda, quas suus germanus Rex Eadwardus sibi retinuit, haud brevi tempore strenuissime tenuit. (Flor. Wigrorn ) [Mthelred, Duke and Patrician. Lord and Vassal King of the Mercians, a man of surpassing worth, died after a life spent in well-doing. After his death his wife Mthelflad. daughter of King Alfred, held with great vigour for no short time the kingdom of the Mercians, with the exception of London and Oxford, which her brother King Edunrd retained for himself. (Florence of Worcester.)] b Mgelfleda Merciorum Domina, in principio anni, cum auxifio Dei, Leogereceastram pacifice acquisivit, et exercitum Danorum, qui ad Ulam pertinebat, ferine totum in deditionem accepit. Cui etiam Dani qui Eboraca- prassidebant, quidam pacto, quidam juramento, firmaverunt se ipsius voluntati et consUio in omnibus consensuros. Rex Eadwardus, invictissimus Senior, post Rogationes cum exercitu Stanfordam prefectus est. firmamque in australi plaga amnis Welund areem munivit, et non solum Danos, qui in scptontrionali plaga ejusdem amnis arcem tenebant, sed et omnes qui ad illam pertincbant, in deditionem accepit. Dum hsec aguntur, soror illius Mgelfleda Merciorum Domina, insigms prudentiax ct justitkw virtutisque eximiae faemina, octavo anno ex quo sola regnum Merciorum strenuo justoquerexit moderamine 19 Cnlend. Julii obiit, et unicam filiam suam Mlfwinnam ex Proofs and Illustrations 509 Mtheredo Subregulo susceptam, haeredem regni reliquit. Cujus pa^ n. corpus Glavornam delatum, in Ecclesia Sancti Petri est honorifice MERCIA tumulatum. Quod ut regi nunciatum est, Tomweorthige mox ethelfleda. properavit, eamque suo dominio subjugavit. Inde movens exercitum, ad Snotingaham profectus est, captamque urbem resarcire jussit, et in ea Anglos simul et Danos collocavit. Pro- cessu vero temporis prius Mer censes omnes, et Danos Merciam inhabitantes, deinceps tres reges Britonum videlicet Howelum, Clitwic, et Juthwal, cum suis populis in sui deditionem obtinuit 920 Post hasc, ab Mlfwinna nepte sua omnem potestatem regni Merciorum penitus ademit, et in West Saxoniam duci praecepit. (Flor. Wigorn.) [Mthelfimd, the Lady of the Mercians, at the beginning of the year, with the aid of God, peacefufiy acquired Leicester, and received the surrender of almost the whole of the Danish army which belonged to that place. Moreover the Danes stationed at York, some by pledge, others by oath, assured her that they would bow to her wiU and counsel in aU matters. After the Rogations (May 31st) the invincible King Eadward the Elder set out with his army for Stamford and fortified a strong place in the country to the south of the river Welland, and received the submission not only of the Danes who held the fort on the northern side of the same river, but aU those that belonged to it. WhUe these things were being done, his sister Mthelflced, Lady of the Mercians, a woman distinguished for her foresight and justice as weU as for her surpassing virtue, in the eighth year after she had undertaken the undivided rule of the kingdom of the Mercians with strong and just govern ment, died on the nineteenth of the Calends of July1 and left as heiress to the throne her only daughter Mlfwynn by Mthelred, the Vassal King. And her body was brought to Gloucester and honourably buried in the church of St. Peter. And when this news was brought to the King, he at once hastened to Tamworih and subjugated it to his rule. Moving his army thence, he proceeded to Nottingham, and after capturing the city ordered it to be repaired, and he stationed Angles and Danes together in it. In process of time indeed he obtained the surrender first of all the Mercians and aU the Danes who dwelt in Mercia, and then the three Kings of the Britons, to wit Howel, Clitwic and Juthwal, with all their subjects. 920 After this he took entirely from Mlfwynn his niece aU the power of the Kingdom of the Mercians, and ordered that she should be taken into Wessex. (Florence of Worcester.) Partii. 962 MERCIA— 983 /ELFERE. 983 510 Proofs and Illustrations MLFERE, a Kinsman of lEJjgar, "Dux, Ealdorman, or Heretogaa" of Mercia about this timeb. MLFERE, Ealdorman of Mercia, dies. EDWIN, or AGILWIN, afterwards caUed Odda, succeeds as heir of MLFERE, but immediately resigns his inheritance, and becomes a monk at Pershore — died 1056, and was buried0 in the monastery. a Ic Oswald }mrh godes giefe Bisceop, mid ge^afunge and leafe EADGARES Angul cyninges and MLFERES Myrcna Heretogan. A.D. 962. (Heming. 125.) [I, Oswald, by God's gift Bishop, with assent and permission of EADGAR, King of the English, and MLFHERE, .Duke of the Mercians. (Heming's Chartulary, p. 125.)] b 983 Dux Merciorum ELFERUS, propinquus Regis Edgari obiit. Ducatumque ejus ALFRICUS fifius ejus suscepit. (Mailros. Flor. Wigorn.) [983 MLFHERE, Duke of the Mercians, a relative of King Edgar died. And MLFRIC his son succeeded to his government. (Chronicle of Melrose. Florence of Worcester.)] According to the tradition he was eaten up by vermin. (Will. Malm, de Gestis Regum, ii. 9.) 0 In 1259 his remains were discovered, together with a leaden plate, bearing the foUowing inscription: "Odda, Dux quondam, priscis temporibus Mdiv-inus vocatus in baptismo, cultor Dei, monachus effectus fuit ante mortem, hic requiescit. Sit ei gaudium in pace cum Christo Deo. xVmen." (Lei. Coll. I. p. 286.) [Here rests Odda, whilom Duke, in former times caUed Edwin at baptism, a worshipper of God, became a monk before his death. May he have joy in peace with Christ the God. Amen. (Leland, CoUectanea, I. p. 286.)] The Saxon Chronicle says, "he was a good man, and pure, and very noble,'' — but does not mention the name of his father. Flor. Wigorn. describes him as " Agilwin, id est Odda." The Chronicle used by Leland states, that he took the monastic habit in order to atone for the sins of his father Mlfhere, and as the accession of ALFRIC took place in the same year with the death of Ail fere, it follows that Odda immediately abdicated in favour of his brother. In the printed text of Leland, Alfere is called "Delfere," a mistake of the transcriber — the A and the D being scarcely distinguishable from each other in manuscripts. Proofs and Illustrations 511 985 MLFRIC, "Comes, Heretoga, or Ealdorman" of the Part n. Mercians (p. 313), another son of Mlfere, succeeds, mercia. but is banished from England". (Lib. Abb.) /elfric. 992 MLFRIC, Ealdorman about this time. Probably the same as the preceding. 1007 EDRIC STREONA, a man of low birth, who had edricstreona. married Egitha, daughter of Utfjelttil, appointed Dux, Prcefectus, or Ealdorman over the whole Kingdom of Mercia'0 . 1016] EDRIC STREONA re-appointed Earl of Mercia by 1017] ©anute (see above, p. 504). » 986 ALFRICUS, Dux Merciorum filius ELFERI Ducis Anglia}, expelfitur. (MaUros. Chron. Johannis Abb. S. Petri de Burgo, p. 31, and see above, pp. 313, 316.) [986 MLFRIC, Duke of the Mercians, son of MLFHERE, Duke of Anglia, is driven out. (Chronicle of Melrose. Chronicle of John, Abbot of Peterborough, p. 31.)] b On thissum geare waes Eadric gesett to Ealdorman on eal Myrcena rice. [This year Eadric was appointed Alderman over all the kingdom of Mercia. (AS. Chronicle.)] Rex, Eadricum, Mgelrici fifium, hominem humili quidem genere, sed cui lingua divitias ac nobfiitatem comparaverat, callentem ingenio, suavem eloquio, et qui omnes id temporis mortales tum invidia atque perfidia, tum superbia et crudelitate superavit, Merciorum constituit Ducem. Cujus fratres extiterunt Brihtricus, Alfricus, Goda, Agelwinus, Agelwardus, Agelmerus pater Wulnothi, patris Westsaxonum Ducis Godwini. (Flor. Wigorn.) [The King appointed Duke of the Mercians, Eadric, the son of Mgelric ; a man indeed of lowly birth, but whose tongue had acquired for himself both wealth and nobUity, a man of ready wit, and of persuasive eloquence and one who surpassed his contemporaries in malice and treachery as weU as in arrogance and cruelty. And his brothers were, Brihtric, Mlfric, Goda, Mgelwine, Mgelward, Mgelmcer the father of Wulfnoth, the father of Qodwine, Duke of the West Saxons. (Florence of Worcester.)] 512 Proofs and Illustrations Part II. MERCIA. HWICCAS. EANFRID.EANHERE. OSRIC. OSWALD. KEN FRITH MERCIA. HWICCAS, or " MAGESETANIA." — EANFRID, and EANHERE his brother, Kings or Rulers of the HWICCAS*. 676) OSRIC, or OSTRIC (supposed to be nephew of 689] lEthclren, King of Mercia — Mon. I. 541) appointed King or Subregulus of part of the Hwiccas, after wards caUed Gloucestershire, and OSWALD in like manner, appointed Ruler of Worcestershire*. (Mon. I. 541.) 680) KENFRITH, the kinsman of lEHjelteO, Comes 685) Merciorum about this time0. a Eoba, the Queen of Ethelwalh, of Sussex, who was aheady married, in 678, was the daughter of Eanfrid, and it should seem that Eanfrid and Eanhere must have ruled before Osric and Oswald. They had received Christianity. (Bede, iv. 13.) b Osric assumed the royal title in his charter (Mon. H. 264), and he is caUed King of the "Provincia Huicciorum," by Bede (iv. 23) ; it is therefore probable that he enjoyed the supremacy of the country, and that Oswald held his territory as an appanage. One chronicler erroneously identifies this Osric (Mon. I. 542) with Osric of Northumbria. 0 Kenfrith, Comes Merciorum, regii affinis sanguinis; vir corpore seculo, mente mihtans Deo1. . . . [Kenfrith, Earl of the Mercians, who was of the royal blood; a man warring with his body for the world, with his spirit for God.] Ego Ethelred us rex Merciorum rogatus a patricio meo ac propinquo Kenfritho.. . .A.D. 681- [I, Ethelred, king of the Mercians, having been requested by my patrician and kinsman Kenfrith.... A.D. 6SL] Another charter, dated 685, is thus subscribed : — Berthivaldus, Subregulus. Kenfrithus, Patricius. Theodorus, Archiepiscopus. Saxuulfus, Licitfeld, et BoselWigorniai, Episcopi. (Vita Aldhelmi, p. 10. )3 [Beithwald, Vassal King, Kenfrith, Patrician. Theodore, .Archbishop. Seaxumlf, Bishop of Lichfield and Bosel, Bishop of Worcester. (WiUiam of Malmes bury, Life of St. Aldhelm, p. 10.)] Berhtwald was the son of Wu If ere— "now quidem Rex potestate sed Subregulus in quadam regni parte" [not indeed with the authority of a King, but a vassal king in a certain part of the Kingdom], It is Proofs and Illustrations 513 - BERHTWALD? Partii. TVTERGIA 680 OSHERE, King of the Hwiccas*. berhtwald. O 'iHFRF 706 MTHELWARD, ETHEL ARD, or AILWARD*, ethelward, King or Subregulus of the Hwiccas, son of Oshere. AILRIC, E ALRIC, or ETHELRIC, another son ethelric, of Oshere (see above, p. 300), reigned about the that these princes may have governed part of the Hwiccas — but they are only inserted hypotheticaUy. a OSHERE Rex, cum ficentia praestantissimi Regis Britannice, Domini mei, nomine Mthelred. 680. (Heming. p. 46.) [King OSHERE, with the license of the most exceUent King of Britain, my Lord, by name Mthelred. 680. (Heming's Chartulary, p. 46.)] Hwicciorum Subregulus Osherus, qui dignitate regia praasidebat. (Flor. Wigorn. p. 685.) [Oshere, Vassal King of the Hwiccas, who ruled -with the dignity of King. (Florence of Worcester, p. 685.)] In another charter we find a "Subregulus Hwicciorum Of here" (Heming. p. 54), [Of here, Vassal King of the Hwiccas], probably the same person. b Ego MTHELWARD Subregulus, OSHERI quondam Regis Wicciorum fifius Ego COENREDUS, Dei dono Rex Mer ciorum eandem donationem teUuris quam MTHELWARD, Sub regulus Wicciorum, me concedente donavit, signo crucis munio. Ego Bertwald, Arcfiiepsc. Ego Eadda, Epsc. Ego Tobias, Epsc. Ego Eadgar, Epsc. Ego Nothberht, Epsc. Ego CUTHBERHT, Comes Wicciorum, consensi. Ego Eadbert, Comes. Ego Eoppa, Comes. Ego Cuihberht, Comes. Ego Omulung, Abbas. Ego Wecta, Abbas. Ego Truttuc. Ego Wada. (Bib. Cott. Vespasian B xxiv, f. 23.)1 [I, MTHELWARD, Vassal King, son of OSHERE, once King of the Hwiccas I, GOENRED by the gift of God King of the Mercians, do hereby fortify with the sign of the cross that same donation of land which MTHELWARD, Vassal King of the Hwiccas, did confer, with my sanction. I, Berhtwald, Arch bishop. I, Eadda, Bishop. I, Tobias, Bishop. I, Eadgar, Bishop. I, Nothberht, Bishop. I, CUTHBERHT, Earl of the Hwiccas, have consented thereto. I, Eadberht, Earl. I, Eoppa, Earl. I, Cuihberht, Earl. I, Omulung, Abbot. I, Wecta, Abbot. I, Truttuc. I, Wada. (Cotton MS. Vespasian B xxiv, f. 23.)] P.vn. 33 514 Proofs and Illustrations Part II. MERCIA.CUTHBERT.EANBERHT, UHTRED, ALDRED. 742 758 same timea, there being also CUTHBERT, bearing the title of Comes Wicciorum^. EANBERHT, UHTRED, and ALDRED, brothers, and Subregufi of the "gens Huicciorum^." a Ego Ailricus, Oseri Regis fifius, consentiente Rege Kenredo, domino meo. A.D. 706. (Bib. Cott. Vespasian B xxiv, f. 29.)1 [I, Ailric, son of King Osere, with the consent of King Kenred, my lord. A.D. 706. (Cotton MS. Vespasian B xxiv, f. 29.) » For Ethelric, see also above, p. 300, and Leland, CoUectanea, I. p. 299. c UHTREDUS, Deo donante, Regulus Huuicciorum.. .cum consensu et hcentia OFF AN I Regis Merciorum simulque episco porum ac principum ejus. A.D. 770. Ego OFFA, Dei dono Rex Merciorum, hanc donationem Subreguli mei consensi. Ego UHTREDUS, Regulus propriae gentis. Ego ALDREDUS, Subregulus Huuicciorum huic dona tione fratris mei consentiendo subscribo. Ego Mildredus, Huuicciorum Episcopus. Ego Eada. Ego Brorda. Ego Ead bald. Ego Cynethryth, Regina Merciorum. Ego Etferdus, films amborum. (Heming. p. 323. )2 [UHTRED, by the gift of God under-King of the Hwiccas . . .with the consent and hcense of OFFA, King of the Mercians, and at the same time of his bishops and princes. A.D. 770. I, OFFA, by the gift of God King of the Mercians, have consented to this donation of my under-King. I, UHTRED, under-King of the people concerned. I, ALDRED, under- King of the Hwiccas, do hereby consent and subscribe to this donation of my brother. I, Mildred, Bishop of the Hwiccas. I, Eada. I, Brorda. I, Eadbald, and I, Cynethryth, Queen of the Mercians. I, Ecgfrith, son of both. (Heming's Chartulary, p. 323.)] UHTREDUS, Dei dono Subregulus Huuicciorum secundum licentiani et permissionem domini mei excellentissimi OFFANI, Regis Merciorum et ducum ejus ac principum....... Ego OFFA, Merciorum- Rex. Ego UHTREDUS, Subregulus. Ego ALDREDUS frater UMredi atque Subregulus Huicciorum. Kgo Mildredus, Episcopus. Ego Eadbertus, Episcopus. Eala, Princeps. Esne, Dux. Brorda, Princeps. Eamberht, Dux. Berhtwald, Princeps. Eadbald, Dux. (Heming. p. 324.)3 [UHTRED, by the gift of God under-King of the Hwiccas, according to the license and permission of my most Proofs and Illustrations 515 excellent lord, OFFA, King of the Mercians, and of his dukes Part n. and princes mercia. I, OFFA, King of the Mercians. I, UHTRED, under-King. UAHNTBREERDHT- I, ALDRED, brother of Uhtred, equaUy under-King of the aldi>ed. Hwiccas. I, Mildred, Bishop. I, Eadberht, Bishop. Eata, Prince. Esne, Duke. Brorda, Prince. Eanberht, Duke. Berhtwald, Prince. Eadbald, Duke. (Heming's Chartulary, p. 324.)] Nos tres germani uno patre editi, EANBERHT, atque UHTRED, necnon et ALDRED, cum ficentia et permissione piissimi Regis OFFANI Merciorum. Ego OFFA, Rex Merciorum, fiuic donationi consensi et subscripsi. Ego EANBERHT, Regulus, consensi. Ego UHT RED, Regulus, consensi. Ego ALDRED, Regulus, consensi. AD. 759. (Heming. p. 53.)1 [We three brothers sprung from one father, EANBERHT and UHTRED and also ALDRED, with the license and per mission of the most pious OFFA, King of the Mercians. I, OFFA, King of the Mercians, have consented and sub scribed to this donation. I, EANBERHT, under-King, have consented. I, UHTRED, under-King, have consented. I, ALDRED, under-King, have consented. A.D. 759. (Heming's Chartulary, p. 53.)] EANBERHTUS, Deo praedestinante Regulus propriae gentis Huicciorum simulque germani mei mecum UHTREDUS et ALDREDUS eadem vocabuli dignitate et imperio fungentes. 757. (Heming. p. 37.)2 [EANBERHT, by the predestination of God under-King of my own people of the Hwiccas, and at the same time my brothers with me, UHTRED and ALDRED, enjoying the same dignity and rule of that title. (Heming's Chartulary, p. 37.)] OFFA, divina? dispensationis gratia Rex Merciorum Ego quoque ALDREDUS, Subregulus Wigomice civitatis, haec eadem confirmo. [OFFA, by the grace of divine dispensation King of the Mercians I also, ALDRED, under-King of Worcester, do hereby confirm the same.] Ic ALDRED Wigracestres under cining. A.D. 786. (Heming. P- 27.) [I, ALDRED, under-King of Worcester.] Osred, a noble minister or thane of this royal f amfiy, is noticed in one of Ethelbald's charters :— Osred, qui est de stirpe non ignobili prosapia regali gentis 33—2 516 Proofs and Illustrations Part II. mercia. brorda.HUGH. ETHELMUND. 799 BRORDA, otherwise HIDEGILS, Prince of the Mercians, diesa. 800 HUGO, "Magnus" Dux, said to have flourished in Merciab. 800 ETHELMUND, Ealdorman of the Hwiccians, also called Duke of Mercia0 and "King of the March" (Wilton Chron. Mon. II. 1315), gives battle to the Wiltsceitan. Huicciorum, Minister Mthelbaldi Regis. A.D. 743 (Heming. p. 56.)1 [Osred, who is of no ignoble stock but of the royal line of the people of the Hwiccas, a Thane of King Mthelbald. A.D. 743. (Heming's Chartulary, p. 56.)] These princes reigned at the same time. There is one charter granted by Aldred and Uhtred (Hem. p. 106) and another by Aldred (Heming. p. 115); but the absence of dates, and other particulars, renders it impossible to ascertain whether they reigned over different districts, or whether they are to be con sidered as possessed of a joint dominion. a Brorda Merciorum princeps, qui et Hildegils. (Sim. Dunelm. and Hoveden.) [Brorda, Prince of the Mercians, who is also called Hildegils. (Simeon of Durham and Roger of Hoveden.)] b So designated in the Chronicle of Tewkesbury (Bib. Cott. Cleopatra C in, f . 220). I suspect that this Hugo is no other than Hildegils or Brorda. c It wUl be seen from the foUowing passages that these titles were considered equivalent to each other. Edelmundus consul recessit a W tecum et veniens Kinemeresford, obviavit Wicstano consuli cum Wilsatis, et illico pugnaverunt, et ambo consules oceisi sunt, et Wilsates vicerunt. (Hoveden, 236.) [The Ealdorman Mthelmund, departed from the country of the Hwiccas and coming to Kempsford, met the Ealdorman Wihstan with the men of Wiltshire, and they fought in that place and both Ealdormen were slain and the men of Wilts conquered. (Roger of Hoveden, 236.)] Ordinal ur Ecgbyrht super Occidentales Anglos in regnum; in ipso vero die transeunte Mthelmund duce per quoddam prasdium quod H nice u in nuncupatur, veniens ad vadum quod dicitur C ynemwresforda, ibique ei occurrit Uuextan Dux, cum centunas Proofs and Illustrations 517 825 WIGLAF, Dux Wicciorum, advanced to the throne Part II. of Mercia (see above, p. 491). mercia. 855 ATHELWULF, Dux (probably of the Hwiccas) about Ethelwulf? this time, married to Wulfritha3-. The Hwiccas, properly so caUed, were conterminous with the ancient Bishopric of Worcester. The name of populi provinciae Uulsoetan; ambo cadunt illic inita pugna, Uulsaitai tamen victores existunt. (Ethelwerd, iii. 2.) [Ecgbyrht was ordained to reign over tfie Western Angles, and on that very day as Duke Mthelmund was passing through the country of the Hwiccas and came to a ford which is called Eempsford, there he was met by Duke Wihstan with the hundreds of the people of Wiltshire. After joining battle both of them fall, but the people of Wiltshire were the conquerors. (Ethelwerd's Chronicle, iii. 2.)] And thy Ucan daag rad Mthcelmund, Ealdorman, of Hwiccum ofer aet Cynemmres forda ; tha gemette hine Weohstan, Ealdorman, mid Wilsaitum. [And on the same day, the Ealdorman Mthel mund rode over from the Hwiccas at Kempsford: then the Ealdorman Weohstan with the Wiltshire men met him. (AS. Chronicle.)] — Eodem vero anno quo Rex Brihtricus decessit, contigit Merciorum ducem Mihelmundum de Mercia cum suis exiisse, vadumque quod lingua Anglorum Gynmeresford nominatur transisse. Cujus adventu cognito, Wiltoniensium Dux Weohestanus cum Wiltoniensibus ascendit contra eum. (Flor. Wigorn.) [In the same year indeed as that in which King Brihtric died it came to pass that Mthelmund, Duke of the Mercians, set out with his men from Mercia and came to a ford which in the tongue of the Angles is caUed Kinmeresford. And when his arrival was made known to Wihstan, Duke of the Wiltshiremen, he went up against him with the Wiltshiremen. (Florence of Worcester.)] a "MTHELWULF Dux," also caUed "MTHELWULF Princeps," and his wife, Wulfthryth, obtain a grant of lands from Ealhhrun, Bishop of Worcester, A.D. 855. (Smith's Bede, App. p. 769.)1 In 887, "MTHELWULF Dux" enters into a concord "cum testimonio ELFREDI Regis et ETHELRED I Ducis Merciorum" [with the testimony of King ALFRED and ETHELRED, Duke of the Mercians] concerning lands claimed by the see of Worcester. (Heming. p. 30.) 518 Proofs and Illustrations Part n. " Magescete" was given to the people who inhabited mercia. this district, and also to the inhabitants of the ancient Bishopric of Hereford, West-Hecana, or Hecana, the Fferregs of the Britons (Flor. Wigorn. 684, 685) ; and it is probable, that the West-Hecana may always have been a dependant member of the Hwiccian State. But Florence clearly considered both Bishoprics as parts of Magesetania, though modern writers restrict that name to Hereford. After the Danish invasions, the Hwiccas formed the nucleus of Ethelred 's kingdom, Worcester being his capital. But from this period no individual is styled "Dux" or "Comes" of the "Hwiccas," though the name continued to be applied to the Bishopric of Worcester, in documents relating to ecclesiastical jurisdiction. WORCESTER. WORCESTER. haco. 1029 HACO, Earl of Worcester 1 son of Eric, Earl of Nor thumberland, by Githa, sister of King CANUTE, compeUed to leave England*. a Hacun, who, with the title of Dux, frequently appears as a member of Canute's Witenagemot, is speciaUy addressed as an Earl, in Worcestershire, in the foUowing writ. But it is possible that he was also Earl of other shires : for his power was so great, that Canute dreaded lest he should deprive him of his life or kingdom. Post festivitatem Sancti Martini, Danicum Comitem Hacun, qui nobfiem matronam Gunildam. sororis suae et Wyrtgeorni Regis Winidorum filiam in matrimonio habuit, quasi legationis causa,, in exilium misit. Timebat enim ab illo vel vita privari vel regno expelli. (Flor. Wigorn. Sim. Dunelm. Flores Hist.) [After the festival of St. Martin, he sent into exile, ostensibly for the purpose of an embassy, the Danish Earl Hakon, who had married a noble matron Gunhild, a daughter of his sister and Wyrtgeorn, King of the Wends. For he feared that he would either be deprived of his life by him or else be driven out of his kingdom. (Florence of Worcester. Simeon of Durham. Flowers of the Histories.)] The Saxon Chronicle omits the statement, but mentions the death of the doughty Earl in the foUowing year. Sim. Dunelm. Proofs and Illustrations 519 1041 RAULF, grandson of lEtfielteb (being tbe son of his Part n. daughter Goda, by Walter de Mantes), Earl of the mercia. RAULF. adds, that some say he was kiUed in the Orcades. Haco was doubly allied to Canute, as his nephew and as the husband of his niece. CNUT Rex salutat Leofwinum Episcopum, et Hacun, Comi tem, et Leovricum, Vicecomitem, et omnes Barones in Wyre- ceastrescire amicabiliter. Et ego manifesto vobis, quod ipse concedo Brihtwyno meo Baroni Ulas quinque hydas apud Benyng- wurthe in suis diebus, propterea quod ipsa terra ad meam manum fuit forisfacta. Nunc habet ipse meam amicitiam adquisitam, sicut nos concordamus, ea conventione ut post suos dies eat ipsa terra in sancto monasterio de Eovesham, illis Dei servis ad victum semper in perpetuum. Et si quis fioc perverterit habeat sibi cum Deo judicium et cum Sancta Maria et cum omnibus Sanctis ante Dominum in die judicn. Valete. (Bib. Cott. Vespasian B xxiv, f. 30.) [CANUTE the King salutes in all friendship Bishop Leof wine and Earl Hakon and Sheriff Leofric and aU the Barons in Worcestershire. And I do hereby declare to you that I concede to Brihtwine, my Baron, those five fiides of land at Bengworth in his life-time, because that land was forfeit to my hand. Now he has obtained my friendship, even as we are agreed, on these terms that after his days that land should go to the holy monastery at Evesham, to those servants of God for their perpetual maintenance. And if anyone shaU alter this, may he have to answer for it with God and with the Holy Mary and with all the Saints before the Lord on the day of judgment. Fare ye weU. (Cotton MS. Vespasian B xxiv, f . 30.)] Haco appears as a member of the Witenagemot in the foUowing charter : — Ego CNUT, Rex totius Albionis insulae afiarumque nationum plurimarum in cathedra regali promotes, cum consiho et decreto Archiepiscoporum, Episcoporum, Abbatum, Comitem, aliorumque omnium meorum fidefium Ego CNUT Rex gentis Anglorum afiarumque nichUominus hoc privUegium jussi componere et compositum cum signo Dominicae crucis confirmando impressi. Ego Alfgifa, Regina, omni alacritate mentis hoc confirmavi. Ego Uulstanus, Archiepsc . consensi. Ego Adelnodus, Archiepsc. confirmavi. Ego Godwinus, Epsc. corroboravi. Ego Alfwinus, Epsc. assensum dedi. Ego Alfsinus, Epsc. consignavi. Ego Aihericus, 520 Proofs and Illustrations Part n. Magesaetea (Flor. Wigorn. Hoveden); he was mercia. afterwards banished. RAULF. Epsc. conclusi. Ego Alfwius, Epsc. roboravi. Ego Brihtwaldus, Epsc. Ego Iric, Dux. Ego Godwinus, Dux. Ego Ulf, Dux. Ego Eglaf, Dux. Ego Hacun, Dux. Ego Leofwinus, Dux. Ego Godricus, Dux. Ego Oslacus, MUes. Ego The/red, MUes. Ego Thurkill, Miles. Ego Thrym, MUes. Ego Brosor, MUes. Ego Alfricus, Miles, Ego Alfwynus, Miles. Ego Leofricus, Abbas. Ego Alfwardus, Abbas. Ego Athel- stanus, Abbas. Ego Alfsius, Abbas. Ego Leofwinus, Abbas. Ego Wulfredus, Abbas. Ego Ofkytelus, Abbas. Ego Alfwinus. Ego Alfricus. Ego Leofsius. Ego Leofricus (Mon. III. 138.) [I, CANUTE, King of the whole of the island of Albion and of very many other peoples, raised to the royal seat, with the counsel and decree of the Archbishops, Bishops, Abbots, Earls and aU others of my faithful foUowers I, CANUTE, King of the people of the English and of other peoples, have never the less ordered this grant to be drawn up, and in confirmation thereof have impressed it when drawn up with the sign of the cross of our Lord. I, Mlfgifu, Queen, with aU alacrity of mind have confirmed this. I, Wulfstan, Archbishop, have consented thereto. I, Mthehwth, Archbishop, have con firmed it. I, Godwine, Bishop, have corroborated. I, Mlfwine, Bishop, have given my assent. I, Mlfsige, Bishop, have appended my signature with the others. I, Mthelric, Bishop, have concluded it. I, Mlfwig, Bishop, have corroborated. I, Brihtwald, Bishop. I, Iric, Duke. I, God-wine, Duke. I, Ulf, Duke. I, Eglaf, Duke. I, Hakon, Duke. I, Leofwine, Duke. I, Godric, Duke. I, Oslac, Knight. I, Thored, Knight. I, Thurkill, Knight. I, Thrym, Knight. I, Brosor, Knight. I, Mlfric, Knight. I, Ailfwyn, Knight. I, Leofric, Abbot. I, Mlfward, Abbot. I, Aihelstan, Abbot. I, Mlfsige, Abbot, I, Leofwine, Abbot. I, Wulfred, Abbot. I, Ofcytel, Abbot. I, Mlfwin. I, Mlfric. I, Leofsige. I, Leofric. (Mon. IH. 138.)] a In the printed text he is caUed Roni, by mistake for Rou, or Rami.1 Proofs and Illustrations 521 1051 RAULF, Earl, about this time, having been restored Part n. to his Earldom by the Confessor. mercia. 1057 Death of Earl RAULF3-. a Ralph has been considered as Earl of Hereford, and he is called "Comes Herefordensis" by Malmesbury (ii. 13), but Hereford was at that time included in Sweyne 's Earldom, and the texts (Flor. Wigorn. &c. 1055) upon which this opinion is founded, only say that the "timid Duke Ralph" met Algar and his Welsh allies within two mUes of the city of Hereford. The exUe of Earl Ralph is stated in the History of Ramsey. He obtained a prozstaria, Lcen or Loan of certain lands belonging to the monas tery. The history of the transaction may be compared with the preceding examples. (See above, p. 283 &c.) Postquam igitur laboris sui Abbas Alfwinus votivo gaudens proventu, in praedictorum de Regis beneficio missus est possessionem praediorum. Comes quidam Radulphus nomine, Nor- mannus natione, quem Rex Edwardus, de taediosi latibulis exilii olim revertens, secum in Angliam adduxerat, sicut in quodam cyrographo vetustissimo Anglice scriptum reperimus, ab Abbate et Fratribus Ramesiensibus, viUam de Crancfeld in vita sua tenendam postulavit. Videntes itaque abbas et fratres nobili- tatem viri, et eum in domo Regis, et in tota curia, inter caeteros honoratos plurimum posse perpendentes, ex ficentia Regis prsefatum ei manerium, nomine ecclesiae, sicut petierat, tenendum sub ea conditione concesserunt, ut eo defuncto, ecclesia Ramesi- ensis jus suum hbere cum instauramento et omni mefioratione, nullo prohibente, reacciperet, et de terra ejusdem comitis Cherle- tonam et Brunstanethorp pro anima ipsius in perpetuam eleemo- synam possideret. In haec vota coram Rege partes alterutrae convenerunt, et sub multorum testimonio hoc inter se fcedus, facto triplici chirographo, firmaverunt, una pars scripti, jubente Rege, in ejus Capella cum reliqmis, quas habebat, sanctorum remansit, alteram comes, tertiam vero fratres apud se in pignus securitatis retinuerunt : haec ergo universa eorundem indicio cyrographorum, quae Anglice exarata, et pene vetustate invenimus consumpta, utrumque cognoscentes, huic opusculo non incongrue, ad lectoris notitiam, censuimus inserenda. Quomodo autem omnes has terras, praeter Crancfeld solam, amiserimus, nee scripti nee alicujus relatoris habuimus documentum ; ut tamen creditur, in adventu Normannorum, alienigenis aliena licenter invadentibus, in alienae sortem haereditatis omnes sorte nobis flebUi concesserunt. (Hist. Rams. p. 458.) 522 Proofs and Illustrations Part II. MERCIA. HEREFORD. MERWALD. HEREFORD, or H EC AN A. This Province seems to have constituted the Kingdom of — MERWALD, the brother of WULFHERE (see above, p. 4S]). [Afterwards therefore Abbot Ailfwine, rejoicing in the longed- for result of his labours, was sent to take possession of the aforesaid estates in accordance with the King's bounty. A certain Earl, by name Ralph, a Norman by birth, whom King Edward, when he was formerly returning from the retreat of his weary exde, had brought with him to England, asked (as we find written in English in a certain very old indenture) the Abbot and brethren of Ramsey for the township of Cranfield to be held by him in his lifetime. And so the Abbot and the brethren seeing the rank of the man and considering that he was a man of the greatest influence in the King's household and in the whole court among those who were held in honour, with the King's license, conceded to him the aforesaid manor in the name of the community, as he had asked, to be held by him on this condition : — that when he died, the community of Ramsey should recover freely the right thereof, without let or hindrance, together with the stock and aU improvements, and that it should have possession of Cherleton and Brunstanethorp out of the Earl's lands in perpetual alms for his soul's sake. In this engagement all the parties agreed in the presence of the King, and with the witness of many, established this agreement between themselves by the writing of a threefold indenture. One part of this writing at the King's orders remained in his Chapel with the relics of the Saints which it contained, another part the Earl held, the third the brethren retained for them selves for a safeguard. The whole of this therefore on the evidence of these same indentures, which are written down in English and which we found almost consumed with age, we, having regard to both facts, have thought might with pro priety be inserted in this work, for the information of the reader. In what way however we have lost aU those lands, save Cranfield alone, we have no evidence either in writing or by word of mouth ; as is the common belief however, on the arrival of the Normans, as foreigners entering without restraint on the property of strangers, they granted and aUotted them all to be the heritage of another — a sorrowful mischance for us. (Chronicle of Ramsey, p. 458.)] Proofs and Illustrations 523 Sanctus Merwaldus West-Hecanorum Rex (Flor. Part II. Wigorn. 691) [Saint Merwald, King of the West- mercia. Hecani]. HEREFORD. 1056 Alfnoth, Scir-gerefa or Sheriff of Hereford. WARWICK. WARWICK. :, , 962 Huva, or Uva the White, or Fair, Vicecomes of Huva, Warwick about this timea. CHESTER and COVENTRY*. CHESTER and COVENTRY. — LEOFRIC I c. LEOFRICI. a By the name and style of " Vua the hwede Vicecomes Warwichice" [Uva the Hwede, Sheriff of Warwick], he makes a grant to Evesham, — "consentiente Domino meo Eadgaro" (Bib. Harl. 3763)1, [with the consent of my Lord Edgar (Harleian MS. no. 3763)]. A note in the margin of the manu script, "Huva Vicecomes Warevic," leads to the division of the epithet from the name, though the orthography of the latter is uncertain. The same chartulary contains a charter granted by "Ceolred," concerning lands "in plaga Warwicensi" [in the district of Warwick] — perhaps the earliest notice of the province. b These princes were bounteous benefactors to the monastery of Coventry, as weU as to other churches, and the materials of their history are principaUy found only in connexion with the history of these foundations. To a manuscript of Florence of Worcester, quoted by Dugdale (Mon. III. 192) as belonging to the Archbishop of Armagh, is appended their genealogy. The earlier descents are somewhat dubious — the subsequent portion is more trustworthy — there is so little improbability in the marriage of Lucia, the last heiress of the line, with a Norman noble, that I am not inclined to throw any doubt upon the statement. The author of the genealogy appears to have used the same materials as the chroniclers of Croyland and Peter borough. I am afraid that the historical reputation of Leofric III. has been somewhat damaged by Peeping Tom ; but the earlier writers c For note see p. 524. Part II. MERCIA.ALGAR I. ALGAR II. LEOFRIC II. LEOFWINE,NORTHMAN, 524 Proofs and Illustrations — ALGAR I. son of Leofric I. — ALGAR II. son of Algar I. — LEOFRIC II. son of Algar II. — LEOFWINE, son of Leofric II. 1017) NORTHMAN kiUed by the orders of Canute; he is 1018] succeeded by his brother, LEOFRIC a. know nothing of the adventures of the fair Godiva. From the insertion of the story in Brompton (p. 949) and Knyghton (p. 2223) we can only ascertain that the tale was current at an early period, and that it did not lose ground in pubhc estimation. " In memory of this fact," furthermore says Dugdale, "the pictures of Earl Leofric and his lady were set up in a south window of Trinity Church in Coventry, about the time of Richard H. ; the Earl holding a charter in his right hand, on which was -written, I Luriche, for the love of thee, Doe make Coventre tol-free." But notwithstanding this venerable testimony, it may be questioned whether the franchise would have stood the test of a quo warranto. Leofric I. I Algar I. I Algar II. I Leofric II. Leofwine. Wulfric Spott. Aylwine. Northman. Leofrio HI. = Godiva. Godwin, f Edwin, ob. 1039.* Algar HI. Aylwine. f Edwin. Morcar. Algitha = Harold. Lucia = Yvo Tailboys = Roger = Ranulf, Earl Fitzgerald of Chester.1 c Leuricus Comes Leycestrias appears as one of the magnates whose signatures arc affixed to a charter purporting to have been granted by Ethelbald. (Ingulphus, p. 7.) Like the other Croyland charters, the text of this instrument is hable to great suspicion. a The Saxon Chronicle caUs him Northman, the son of Leofwine. Sim. Dunelm. adds, that he was the brother of Leofric. Frater soUicet Leofrici Comitis [that is the brother of Earl Leofric}— * Situ. Dunelm. p. 186. f Heming. p. 259. Proofs and Illustrations 525 — LEOFRIC III. favoured by Canute, and acquires part n. great power and influence from his wealth and mercia. from his party — married to Godiva, said to be the leofric hi. daughter of Thorold, "Vicecomes" of Lincoln. LEOFRIC is styled Comes of Hereford3-, of Chester, and of Mercia (see above, p. 323), and it is possible that he did possess the supremacy of the whole of ancient Mercia, and that the Earls of the other portions were subordinate to him. 1035 HAROLD Harefoot raised to tbe government of all England, by the influence of LEOFRIC and the Thanes north of the Thames. 1041 LEOFRIC assists in punishing the citizens of Wor cester b. he then proceeds — Leofricum pro Northmanno suo germano Rex constituit Ducem et eum postmodum valde carum habuit [the King appointed Leofric duke in the place of his brother Northman and thereafter held him in great affection]. a See WiU. Malm, ut supra, p. 423. b Hoc anno Rex Anglorum Hardecanutus suos Huscarlas misit per omnes regni sui provincias ad exigendum quod indixerat tributum. Ex quibus duos, Feader scilicet et Turstan, Wigorn- enses provinciales cum civibus, seditione exorta, in cujusdam turris Wigornensis monasterii solario, quo celandi causa con- fugerant, quarto nonas Maii, feria secunda, peremerunt. Unde Rex ira commotes, ob ultionem necis Ulorum, Thurum Mediter- raneorum, Leofricum Merciorum, Godwinum Westsaxonum, Siwar- dum Northimbrorum, Ronum Magesetensium, et cseteros totius Anglice comites, omnesque ferme suos Huscarlas, cum magno exercitu (Alfrico adfiuc pontificatum Wigornensem tenente) Ulo misit ; mandans ut omnes viros (si possint) occiderent, civitatem deprsedatam incenderent, totamque provinciam devastarent. Qui die veniente secundo Iduum Novembrium, et civitatem et provinciam devastare cceperunt, idque per quatuor dies agere non cessaverunt, sed paucos vel e civibus vel provincialibus ceperunt aut occiderunt, quia prsecognito adventu eorum pro vinciales quoque locorum fugerant. Civium vero multitudo in quandam modicam insulam, in medio Sabrince fluminis sitam, quae Beverege nuncupatur, conf ugerant : et munitione facta, tam diu se virifiter adversus suos inimicos defenderant, quoad pace recuperate, fibere domum licuerit eis redire. Quinta igitur die LEOFRIC III. 526 Proofs and Illustrations Part ii. 10471 Earl LEOFRIC opposes the grant of 50 vessels to mercia. 1048] Sweyne, advised by Earl Godwin. 1051 Earl LEOFRIC summoned to assist Edward with aU his forces. 1057 Sept. 30.— Death of Earl LEOFRIC— succeeded in his government by bis sona. civitate cremata, unusquisque magna cum pr*da redfit in sua, et Regis statim quievit ira. (Flor. Wigorn.) [In this year Hardacanute, King of the English, sent his Huscarles through all the provinces of his Kingdom to exact the tribute that he had ordered. And of these the men of the province of Worcester, who in conjunction with the citizens had raised an insurrection, killed two men, to wit Feader and Turstan, in the upper chamber of a tower of the monastery of Worcester, whither they had fled to hide themselves, on Monday the 4th of May. Whereupon the King, moved to anger, in order to avenge the death of these men sent thither with a large army Thuri, Earl of the Midlands, Leofric, Earl of the Mercians, Godwin, Earl of the West Saxons, Siward, Earl of the North umbrians, Roni, Earl of the Magasade and the remaining Earls of the whole of England and almost aU his Huscarles (Mlfric was stUl holding the Bishopric of Worcester), and ordered them to slay aU the men, if they could, and to plunder and burn the town, and devastate the whole province. On the eve of the 12th of November, they began to lay waste both the city and the country-side, and they did not cease doing this for four days, but they caught or put to death few of the people of the city or the country, because, their arrival having been known in advance, the men of the country had also fled elsewhere. Indeed a great many of the people of the city had fled to a certain smaU island, situated in the middle of the river Severn and which is caUed Bevcrege; and having entrenched themselves there, they made a long and sturdy resistance against their enemies, until at last peace was re-established and they were freely permitted to return to their homes. On the fifth day therefore, after burning the city, each of them returned to his homo with much plunder, and the anger of the King was quickly appeased. (Florence of Worcester.)] " Leofricus, Consul nobUissimus Cestrice defunctus est eo tempore. Algarus vero, filius ejus, suscepit consulatum Cestnw. (Hen. Hunt. p. 210.) [Leofric, the noble Ealdorman of Chester, died at that time. Proofs and Illustrations 527 1057 ALGAR IIIa. Part il. TyrERCIA 1058 ALGAR is outlawed by lEutuartl the Confessor — ALBAR ,„ recovers his Earldom by the help of GRIFFITH* of Wales and the Northmen — he died some time before 1065, when we find 1065 EDWIN his son in possession of the Earldom. ^oww. 1066 EDWIN c submits to iStKtUtam the Conqueror, and does fealty to bim. EDWIN slain in the Isle of Ely. However his son, Algar, became Ealdorman of Chester. (Henry of Huntingdon, p. 210.)] 1 Florence of Worcester, p. 670, and Simeon of Durham (who have been foUowed by Brompton and Hoveden), have given a particular account of Leofric' s death, together with his portrait. The shorter account in the Saxon Chronicle is remarkable because it describes. the accession of Algar in the phrase also employed to describe the accession of the Anglo-Saxon Kings. The death of Edwin the brother of Leofric, who was killed by the Welsh, is incidentaUy mentioned by Simeon of Durham. From a recital in one of the Worcester Charters (Heming. p. 259) we become acquainted with Godwin, and his son Aylwin — the latter was cruelly treated by the Danes, who cut off fiis hands when he was in their power as an hostage. Another charter is very curious, as well on account of tfie facts which it narrates, as of the evidence which it affords concerning Leofric. (Heming. p. 261.) b Algarus Merciorum Comes a Rege Edwardo, secundo exlegatus est. Sed regis Walanorum Griffini juvamine et Nor- reganicoz classis amminiculo, quae ad Ulum venerat ex improviso, cito per vim suum comitatum recuperavit. (Flor. Wigorn. Sim. Dunelm.) [Algar, Earl of the Mercians, was outlawed a second time by King Edward. But with the help of Griffin, King of the Welsh, and with the support of a fleet of tfie Northmen, which had come to him unexpectedly, he quickly regained his Earldom by force. (Florence of Worcester. Simeon of Durham.)] c Malmesbury intimates that Edwin was associated to his brother in the Earldom of Northumbria. 528 Part II. MERCIA. LANCASTER ? WULFRIC. 1010 Proofs and Illustrations LANCASTER? WULFRIC, otherwise Wulfric Spott*, "Consul ac Comes Merciorum" ["Ealdorman and Earl of the Mercians "]. SALOP. SALOP. alfhelm? 1006 The noble Duke ALFHELM assassinated at Shrews bury by EDRIC STREONA (Flor. Wigorn.). He a This munificent founder of the Abbey of Burton-upon- Trent was kified at Ipswich, in battle with the Danes, October, 1010, and buried in the monastery. In the Saxon Chronicle, Simeon of Durham, &c. he is described as " Wulfric, the son of Leofric." The Chronicle of Burton (Mon. III. 47) speaks of his brother, the Duke Alwine, and his relation, the Comes Morcar. Without doubt this narrative was compUed from the Obituary of the House ; but it is possible that the transcriber may have confused the descents. A Morcar is a devisee in Wulfric's will (Mon. III. 37), and it appears, from the same document, that Wulfric was the godfather of Morcar's daughter by his wife Ealdgyth. Wulfric was possessed of the land between the Ribble and Mersey, probably the Wapentakes of West Derby (often confounded in records with Derbyshire), Salford and Leylandshire, and of very large domains in the counties of Nottingham, Derby, Stafford, Warwick, and Leicester, and he had also some lands in York. The title which I have ascribed to him is conjectural. His wUl (Monasticon, ut supra) is a singular and important document, requiring much topographical and legal illustration. Dugdale's translation is not particularly accurate. The testator bequeaths certain lands between Ribble and Mersey, and in Wirral, to xElfhelm and Wulfsige, to be equaUy divided between them, upon the following condition: — "On bset gerad Sonne aecadd-genge sy, tot heora fegSer syUe Oreo Susend sceadda into tore stowe set Byrtune." [On the condition that, when shad are in season, each of them give three thousand shad to the convent at Burton.] That is to say, that each of them shall pay throe thousand sceattas to the monastery of Burton, when the scot or sccal is imposed upon, or is payable by, the land. This charge is interpreted by Dugdale, as a render of so many thousand skates whenever the skate-fishery shaU take place. Proofs and Illustrations 529 appears to have been a person of great dignity, Part n. perhaps the "Cognatus" of WULFRIC SPOTT, mercia. and a devisee under his will. EDRIC STREONA himself has been caUed "Comes Salopice" [Earl of Shrewsbury]. (Brompton, p. 906.) STAFFORDSHIRE. SoTj1£0RD-SHIRE. EDW INE, Earl of this Shire a. edwine. OXFORDSHIRE. OXFORD SHIRE. 735 AIDAN, or DIDANUS, father of St. Fritheswida, aidan. Subregulus of Oxford1*. — Included in the Earldom of GURTH0, brother oIgurth. HAROLD. GAINSBOROUGH. gains- borough. 868 ETHELRED, "Comes Gainorum" [Earl of Lincoln- ethelred. shire], of the royal fine of Mercia — his daughter, Ealswiiha, married to Alfred. (Asser.) 903 Death of ETHELWULF, or ATHULF, son of the ethelwulf. preceding". a Writ addressed to him and Leofwine the Bishop, by the Confessor. (Mon. I. 300.) b The Life of St. Fritheswida, John of Tinmouth, and the Register of Osney, and the other narratives concerning St. Fritheswida, aU concur in describing her father as above. Her mother is caUed Safrida. (Mon. II. 143.) c Mon. I. 297. a Strenuissimus Dux Aihulfus, Eahlswithce Reginae germanus. (Flor. Wigorn. Sim. Dunelm.) [The most powerful Duke Athulf, brother of Queen Ealhs- wth. (Florence of Worcester. Simeon of Durham.)] p. vn. 34 530 Proofs and Illustrations Part II. MERCIA. Honour of Gloucester. ALGAR. BRICTRIC. 930 1066 HONOUR of GLOUCESTER. AILWARD, ALRED, or ETHELRED, sumamed Sneaw, from his fair complexion, a benefactor of Tewkesbury, succeeded by his son ALGAR. BRICTRIC (son of ALGAR) sumamed Meaw, kiUed, as it is said, by the procurement of Matilda, the wife of the Conqueror a. 1051 SWEYN, son of Earl GODWIN, the grandson of Egilmar, brother of EDRIC STREONA, Earl of the Shires of Oxford, Gloucester, Hereford, Somerset, and Berksh. (See above, p. 437.) a See Lei. CoU. I. 78, and the Chronicle of Tewkesbury, Bib. Cott. Cleopatra C iii (Monasticon, II. 60). Disappointed love is said to have been the cause of Matilda's ire. She had courted Brihtric, when he had been despatched upon important affairs to foreign parts. WiUiam, tfie Chronicle proceeds, granted the Honour of Gloucester to MatUda for her life, and upon her decease it reverted to the crown. In process of time it was granted by WiUiam Rufus to Robert Fitz-Hamon, with aU the rights and hberties by which Brihtric had held the same. "Iste WiUielmus processu temporis dedit honorem Brictrici Roberto Alio Hamonis cum omni hbertate et integritate quibus pater suus vel etiam ipse Briclricus unquam tenuerant.'- [This William in the process of time gave the honour of Brihtric, to Robert, son of Hamon, with every right and exemption with which his father, or even Brihtric himself, had always held it. (Mon. H. 60.)] This account is in some degree confirmed by Domesday, where it appears that Brictric, the son of Algar, held Averring, Tewkesbury, Fairford, Thornbury, Whitenhurst, and various other possessions iu Gloucestershire, which had been afterwards granted to Matilda. (Domesday I. 161, &c.) The style of "Comes" is not given to him hi the record, but its silence is not conclusive against his possession of the dignity. b This dismemberment of Mercia, with the addition of a portion of Wessex, appears to have been erected into an Earldom in favour of SWEYNE. as we do not find the same union at any earlier or later period. Proofs and Illustrations 531 Part II. LINDISSE, or LINCOLN. mercia. 628 BLECCA, "Prefect" of the City of Lincoln, and "MOW. BLECCA Chieftain of the "gens Lindisf arorum " about this time a. 716 EGGA*. egga. — ALGAR the Elder0. algar i. — ALGAR the Younger0. algar n. — GODWIN, Ealdorman of Lindisige, killed in the great godwin. battle of Ashingdon. 1016 Osgod, Vice-Dominus of Lincoln0. 0sB°d- BRUNNE, in LINCOLNSHIRE. BRUNNE in Lincolnshire.. 870 Morcar, Lord of Brunne0. Morcar- NORTHAMPTONSHIRE. NORTHAMP TONSHIRE. — Wulsib and Northman, Scire-geref as d. Wuisib. Northman. a His rank is ambiguously described by Bede : — Prsedicabat autem Paulinus verbum etiam provinciae Lindissi, quae est prima ad meridianam Humbre fluminis ripam, pertingens usque ad mare, prsefectumque Lindocolince civitatis, cui nomen erat Bfoecca, primum cum domo sua convertit ad Dominum. (ii. 16.) [Moreover Paulinus preached the Word to the province of Lindissi also, which is the first province on the south side of the Humber, stretching as far as the sea, and he first converted to the Lord the Prefect of the city of Lincoln, whose name was Bhcca, and aU his household with him. (Bede, ii. 16.)] The descent of the "prosapia Lindisf arorum from Eanferih," seventh in succession from Woden's sixth son, is stated by Florence m his Genealogies. b Ingulphus — but his testimony on this, and aU other occasions, is doubtful. 0 Ingulphus and Chron. Petroburgh. — the two Algars are apparently the Mercian Princes. " Writ of Edward the Confessor. (Mon. I. 299.) 34^-2 532 Proofs and Illustrations Part II. MERCIA. DANISH BURGHS. DANISH BURGHS. 942 The Danish Cities or Burghs, Lincoln, Nottingham, Derby, Leicester and Stamford, are reduced by ISomurdJ. (See above, p. 503.) 1013 The " Fifburgenses," "that folc on fif Burghum," submit to SWEYNE. 1015 SIGFERTH and MORCAR, the sons of EARN- GRIM, the chief Thanes of the Danish Burghs, slain whilst attending the Witenagemot of Danes and English, at Oxford1. Edmund Ironside com pels the Burghs to submit to him*. a 1015 Magnum apud Or.oniam coUoquium Anglorum pariter et Danorum congregatum est. Ubi Rex Anglorum, consilio iniqui Ducis Eadrici, multos Danorum nobUes interfici mandavit, quasi de regia proditione notatos, quorum cfientes, dum necem domin- orum suorum vindicare conarentur, armatorum presidio repulsi, et graviter insecuti, tuirern Ecclesiae Sancta? Virginis Frideswitha compulsi sunt introire. Unde dum ejici nequirent, incendio sunt combusti. Sed mox, rege jubente, ecclesia reconciliata, et reaedificata est. Inter alios interfecti fuerunt Sigeferthus, et Morcharus Comites Northanhumbrorum, filh Earngrim, quos iniquus Dux Eadricus ad convivium invitatos et in triclinium suum dolo susceptos necari fecit. Deinde Rex Aldgitham, Sigeferthi Comitis uxorem, apud Malmesberiam adduci, et ibi custodiri praecepit, sicut fceruinam spectabilis nobfiitatis. Quae cum ibidem custodiretur, venit Uluc fihus Regis Eadmundus, quem gens Anglorum propter magni roboris mentis simul et corporis strenuitatem, Irenside. id est, Latus ferreum, nuncupa- bant, et contra patris conscientiam, Ulam in uxorem accepit, et inter Assumptionem, et Nativitatem beatae Marice, in Northan humbriam cum uxore sua proficiscens, terram totam, quae fuit Sigeferthi, ct Morcheri Comitum invasit, atque Ulorum sibi populum subjugavit. (Flores Hist.) [1015 A great assembly of English and Danes alike was held at, Oxford. Here the King of the English, acting on the counsel of the wicked Duke Kadric, ordered that many Danish nobles should be put to death as if convicted of treachery against the King. Their followers, attempting to avenge the death of their b For note sec p. 535. Proofs and Illustrations 533 lords, were driven back by a guard of armed men and being Part II. hotly pursued, were forced to enter the tower of the Church of MERCIA. the Holy Virgin St. Frideswide. And when they could not be dislodged from this place, they were burnt with fire. But soon afterward at the King's orders the Church was reconcfied and rebuilt. Amongst others were slain Sigeferih and Morcar, Earls of the Northumbrians, sons of Earngrim, whom the wicked Duke Eadric invited to a banquet and, by treachery entrapping them in his banquet-haU, caused to be put to death. Then the King ordered Aldgiiha, the wife of Earl Sigeferih, to be brought to Malmesbury and there to be kept in custody as a woman of notable rank. And whUe she was being kept in custody there came to that place Eadmund, the King's son, whom the English people, on account of the vigour of his powerful inteUect and of his body, used to caU Ironside, that is, in Latin 'Latus ferreum,' and without his father's knowledge, took her to wife, and between the festivals of the Assumption and the Nativity of the Blessed Mary, he set out with his wife for Northumbria, and invaded the whole land which belonged to Earls Sigeferih and Morcar and subjected the people to himself. (Flowers of the Histories.)] Apud Oxeneford magnum concilium est congregatum, Danorum et Anglorum, ubi Rex nobifissimos Danorum Sigeferdum et Morcardum interfeci jussit, delatione proditoris Edrici perficfise apud se insimulatos. Is, Ulos, favorabfiibus assentationibus deceptos, in triclinium peUexit, largiterque potatos, satelfitibus ad hoc preparatis anima exuit. Causa csedis ferebatur, quod in bona eorum inhiaverat ; clientufi eorum, necem dominorum suorum vindicare conantes, armis repulsi et in turrim Ecclesiae Sanctae Frideswidce Oxonice coacti: unde dum ejici nequirent, incendio conflagrati sunt. Sed mox Regis pcenitentia eliminate spurcitia sacrarium reparatum est. Legi ego scriptum, quod in archivo ejusdem ecclesiae continetur index facti. Uxor Sigeferdi, Malmesburiam in captionem est abducta, spectabUis nobfiitatis et formae fcemina, quapropter Edmundus Regis filius, dissimulate intentione in partes Ulas iter arripiens visam concupivit, con- cupitse communionem habuit. Sane patris eludens conscientiam, qui domesticis et afienis esset ridiculo. Erat iste Edmundus non ex Emma natus, sed ex quadam alia, quam fama obscura recondit. PrseterJ istud, integer in cseteris predicandse indofis juvenis, magni roboris et animo et corpore, et propter hoc ab Anglis, Irenside, id est, Ferreum latus, nuncupates, qui patris ignaviam, matrisque ignobifitatem virtute sua probe premeret, 534 Proofs and Illustrations Part ii. si Pareat parcere nossent. Nee mora, nuptae consilio, comitatum MERCIA. Sigeferdi, qui apud Northanimbros amplissimus erat, a patre petitum, nee impetratum suapte industria vendicavit : hominibus ejus provincial in obsequium ejus facfie cedentibus. (WiU. Malm. de Gestis Iterum.) [At Oxford a grand councU was assembled, of Danes and of English, where the King ordered the most noble of the Danes, Sigeferih and Morcar, to be slain, because they had been accused of treachery towards him on the information of the traitor Edric. He, deceiving them with his favours and flattery, enticed them to his banquet-hall, and after they had drunk deeply, they were robbed of life by attendants prepared for the purpose. It was said that the motive for the crime was that he coveted their possessions Their dependants, in an attempt to avenge the death of their lords, were driven back with arms and forced into the tower of the Church of St. Frideswide of Oxford; and when they could not be forced out of it, were burnt by fire. But soon through the penitence of the King, the defilement was cast out and the sanctuary was repaired. I have seen it stated that a record of this deed is contained in the archives of this church. The wife of Sigeferih, a woman of notable rank and beauty, was brought captive to Malmesbury; wherefore Edmund, the King's son, dissembbng his intention took a journey into those parts, saw her and deshed her, and was joined in wedlock with the object of his desires; keeping it of course from the knowledge of his father, who was an object of ridicule to his own household as to strangers. This Eadmund was not the son of Emma, but of some other woman, whom fame has hidden in obscurity Apart from this, he was in other respects unexceptionable, a youth of commend able disposition, of great strength both of mind and body, and for this reason was caUed by the English, Ironside, that is, " Ferreum Latus " ; and he would very successfully have stamped out the stigma of his father's indolence and the humble origin of his mother, by the display of his own virtues, if the Fates had but known how to spare. Without delay and acting on the advice of bis bride, he demanded from his father the earldom of Sigeferih. who had been a man of great substance amongst the Northumbrians, and when his request was refused, he claimed it by his own exertions, for the men of that province submitted to his allegiance with httle difficulty. (WUliani of Malmesbury, Acts of the Kings.)] Hoc anno, cum apud Oxenefordam magnum haberetur placitum, Proofs and Illustrations 535 perfidus Dux Edricus Streona, digniores et potentiores ministros Part II. ex Seouenburgensibus, Sigeferihum et Morcarum filios Earngrimi, MERCIA. in cameram suam dolose suscepit, et occulte eos ibi necari jussit : quorum facultates Rex Mthelredus accepit, et derefictam Sigeferthi, Aldgitham, ad Maidulf, urbem deduci praecepit. Quae cum ibi oustodiretur, venit iUuc Eadmundus Chto et contra voluntatem sui patris, Ulam sibi uxorem accepit, et inter Assumptionem et Nativitatem Sanctae Mariae profectus ad Fifburgingos, terram Sigeferthi et Morcari invasit, ac populum iUarum sibi subjugavit. (Flor. Wigorn.) [In this year when a great councU was being held at Oxford, the treacherous Duke Edric Streona, by guile enticed the two honourable and powerful Thanes of the Seven Burghs, Sigeferih and Morcar, sons of Earngrim, into his private chamber, and there ordered them to be secretly put to death. And King Ethelred took their properties and ordered Aldgitha, the widow of Sigeferih, to be brought to the town of Malmesbury. And when she was being kept in custody there, Eadmund the Clito came to that place and took her to wife against his father's will, and, between the feasts of the Assumption and the Nativity of St. Mary, set out for the Five Burghs, and invaded the territory of Sigeferih and Morcar and subjugated to himself their peoples. (Florence of Worcester.)] b The account of the reduction of the Five Burghs is the first notice which we possess of their history. It is evident that Edmund did not displace the Danish Thanes, who continued as the principal, though not the sole inhabitants of the Burghs, tiU the era of the Conquest. There is some uncertainty about the appellations of the Five and Seven Burghs, which, as appears from the above quotation, were apphed indifferently to denote them. York and Chester made up the number. It is most probable that this Federation originaUy consisted of five, and that when two others were added, they continued to be generaUy caUed by their nominal number, and sometimes by their real one. The Cinque Ports afford a famUiar example of the retention of an appeUation derived from number, after it has ceased to be strictly appropriate. There was a Court or "Thing" held for the Five Burghs, and Peace given in the same by the Ealdorman and the King's Gerefa was compensated by the heaviest penalty. — >aet grib baet se Ealdormann and Cynges Gerefa on Fif Burgha gebincba syUe, bete man baet mid xii hund'. (Ethelred, apud WUkins, p. 117.)1 [For the peace which the alderman and the king's reeve in the 536 Proofs and Illustrations Part II. MERCIA. LINCOLN. (CITY.) ffotoarU the Confessor. LINCOLN. (CITY.) The Twelve Law-men of the City in ihe reign of ihe Confessor. Hardecnule.Swartine, the son of Grimbald. Ulf, the son of Swertebrand. Walraven. Alwold. Briclric. Guert. Ulbert. Godric, the son of Eddeva. Siward, Presbyter. Lewine, Presbyter. Aldene, Presbyter. S'on'uwor. ^e Twe^ve Law-men at the time of the Domesday Survey. Swardinc, in the place of his father, Hardecnute. Swartine, son of Grimbald, as before. Sortebrand, in the place of his father, Ulf. Agemund, in the place of his father, Walraven. Alwold, as before. Godwin, the son of Brictric, in the place of his father. Normannus Crassus, in the place of Guert. Ulbert, as before. Petrus de Valoignes, in the place of Godric, the son of Eddeva. Ulf nod (Presbyter), in the place of Siward. Burioold, in the place of his father, Lewine, who had become a monk. Ledwine. the son of Rawene, in the place of Aldene, Presbyter. assembly of the Five Burghs may give, let amends be made with twelve hundred. (Ethelred's Dooms at Wantage.)] Proofs and Illustrations 537 In the reign of the Confessor an individual appears Part II. designated as Wigodus de Lincolne, perhaps as Prefect mercia. or Gerefa of the Citya. » The individual described as Wigodus of Lincolne in the following charter, may have been a Thane from that town, attending in the same manner as Sigferth and Morcar had done. In onomate summi Kyrios omnia jura regnorum gubernantis, et ab alto cceli fastigio cuncta cernentis, ego EDOWARDUS, totius Albionis, Dei moderamine et gubernatione, BasUeus Scripta est namque haec scheda, me jubente, et sigfilata, his testibus quorum onomata infra habentur consentientibus, secundo Kalend. Decemb. Ego Edwardus Rex, Deo largiente, Anglorum, signum venerandae crucis impressi. Ego Stigandus, Archiepis copus, concessi, et confirmando signo sanctae crucis consignavi. Ego Mthelredus, Archiepiscopus, gratanter corroboravi. Ego Wlfstanus, Episcopus, vexUlo sanctae crucis praenotavi. Ego Gyso, Episcopus, consentaneus fui. Ego Walterus, Episcopus, consensum praebui. Ego Reinbaldus, CanceUarius, consigiUando commodum duxi. Ego Switgarius, Notarius, scripsi. Ego Mlsius, Abbas. Ego Eadwinus, Abbas. Ego Mgelwinus, Abbas. Ego Baldewinna, Abbas. Ego Alwinus, Abbas, hoc meum desiderium ad perfectum adduxi, et a rege hilariter suscepi. Ego Leofricus, Dux. Ego Haroldus, Dux. Ego Leofwinus, Dux. Ego Eadwinus, Dux. Ego Hugelinus, Cubicularius. Ego Ead garus, StaUere. Ego Robertus, fil. Wittman. Ego Wigodus de Lincolne. (Mon. II. 559, 560.)1 [In the name of the Lord most High, Disposer of aU authority among the nations, who seeth aU things from his high throne in heaven, I, EDWARD, King of the whole of Albion, under the guidance and rule of God For this schedule has been written by my orders and sealed, with the consent of those witnesses whose names are appended below, on the 30th November. I, Edward, King of the English, by the bounty of God, have impressed the sign of the adorable Cross. I, Stigand, Archbishop, have granted it, and in con firmation thereof have signed with the sign of the holy cross. I, Mthelred, Archbishop, have joyfuUy corroborated. I, Wulfstan, Bishop, have marked it with the seal of the holy cross. I, Gyso, Bishop, have consented thereto. I, Walter, Bishop, have given my consent. I, Reinbald, ChanceUor, have thought it fitting and have given my seal thereto. I, Swithgar, Notary, Part II. MERCIA. HUNTING DON. TOSTIG. SIWARD. 538 1055. Proofs and Illustrations HUNTINGDON. TOSTIG, of Danish race, kiUed by SIWARD, Earl of Northumbria, to whom his Earldom is granted by the Confessor a. SIWARD. [WALTHE0F7] WALTHEOF, said to be Earl of Huntingdon*. EASTANGLIA. UFFA. EAST ANGLES. [497?] Pagans said to have landed in the country after wards caUed East Angba about this time0. (Flor. Wigorn.) 571 UFFA, or WUEFA, first King of the East Angles, and from whom the dynasty acquired the name of Uffingas. (Hen. Hunt. Flores Hist.) 578 TYTILA the son of UFFA. (Flores Hist.) have written. I, Misi, Abbot. I, Ediein, Abbot. I, Mgelwin, Abbot, I, Baldwin, Abbot. I, Mlfwine, Abbot, have brought to completion this my desire and have received it with joy from the King. I, Leofric, Duke. I, Harold, Duke. I, Leofwin, Duke. I, Edwin, Duke. I, Hugolin, Chamberlain. I, Edgar, StaUer. I, Robert, son of Wittman. I, Wigod of Lincoln. (Mon. II. 559, 560.)] a Brompton, p. 946. Siw ard is addressed as Earl by Edward. (Hist, Rams. 455.) b According to the very dubious authority of Snorro, III. 154. c An uncertain date. According to Malmesbury, the first occupation of East Anglia took place between the foundation of Kent and llV.s-.sr.r ; it is also stated to have been contemporaneous with that- of Mercia (see above, p. 477). It is possible that some of the Saxon tribes continued stationed on this part of the Saxon shore from the period of their invasions under the Romans (see Part I., p. 320). Proofs and Illustrations 539 — fttfttoalu, the son of TYTILAa, acquires great power Part n. — becomes Bretwalda or Emperor of all Britain, east south of the Humber b. KeDtoalo. 624 EORPWALD, son of Ifceuroalu, succeeds on the death eorpwald. of his father, but is probably subjected to the supremacy of Northumbria. 627) EORPWALD slain by Ricbert — an Interregnum of 628J about three years foUows. 631 SIGBERT, son of l&etftoalu, half-brother of EORP- sigbert. WALD, returns from Gaul — succeeds to the Kingdom, Egrice, brother of Redwald, ruling a portion thereof. 633 SIGBERT resigns his crown, and becomes a monk, upon which EGRICE succeeds to the whole oi egrice. East Anglia. PENDA invades East Anglia with a large army, and the East Angles, finding themselves much inferior to their enemies, implore Sigbert to come forth from his monastery and aid them. He refuses — - they drag him into the field by main force: but 1 erat autem Rex Reduald filius Tytili cujus pater fuit Uuffa, a quo Reges Orientalium Anglorum Uuffingas appellant. (Beda, ii. 15.) [...now King Redwald was the son of Tytel, whose father was Uuffa; after whom they caU the Kings of the East Anglians Uuffingas. (Bede, n. 15.)] In common speech, the Uffingas were caUed "Fikeys," — Incepit Regnum Orientalium Anglorum sub Uffa, a quo omnes Orientates Anglos Uffingas vocamus, quos nunc Fikanos, seu Fikeys appeUamus. (Higden, lib. v.) [The kingdom of the East Anglians began under Uffa; after whom we caU aU the East Anglians Uffingas, but now we caU them Ficans or Fikeys. (Higden, lib. v.)] This passage is very curious, because it shews that when the Polychronicon was compUed, the memory of the ancient races was still fresh amongst the common people. Higden gives a common coUoquial term. The principal facts relating to the early history of East Anglia wiU be found in Bede, n. 15 ; iii. 7, 18, 19, 24. " Redwald flourished during the reign of Ethelbert, and appears to have obtained the dignity of Bretwalda upon the death of the latter, in 616. Part II. EASTANGLIA.EGRICE. ANNA. ETHELHERE. AEDILWALD. ALDUULF. ALFWOLD. [SELRED ?] 540 Proofs and Illustrations he will not act contrary to his calling, and remaining in the battle with a white wand in his hand, he and EGRICE are both slain. 633 ANNA1, the son of Eni*, the brother of Redwald, succeeds to the Kingdom. 654 ANNA slain by PENDA. He is succeeded by his brother, MDILHERE, or ETHELHERE*, who submits to the conqueror, and joins his forces against the Northumbrians, and, until the reign of Egbert, the country appears to have been subjected to i-ttrrria. 655 ETHELHERE killed by ©Stow in the battle of the Winwid. 660 AEDILUALD, or ETHELWALD, brother of ANNA, King of East Anglia about this time. 680 ALDUULF*2, son of ETHELHERE, about this time. He is succeeded by — ALFWOLD3, brother of ALDUULF. (WiU. Malm. Flor. Wigorn.) 747 Death of SELRED, King of East Anglia*. 749 Death of ALFWOLD. East Anglia is divided a Bede. FUius Eni, de regio genere. [Son of Eni of the royal line.] That Eni was the brother of Redwald is ascer tained by the genealogies appended to Florence of Worcester (p. 690). b Flor. Wigorn. Flores Hist. ° The coins of Aid ulf are remarkable for their legend— "Victuria Adulfi" [the victory of Adulf]. (Camden, pi. i. no. 20.) " Selred, Est-Anglorum Rex, obnt. (MaUros. Hunt.) [Selred, King of the East -Anglians, died. (Chronicle of Melrose. Henry of Huntingdon.)] In the greater part of the authorities he is called King of the East Saxons (see below, p. 559). MaUros and Hunt, may be in error: but it is possible that Selred ruled in both kingdoms, and perhaps Alfwold was under his supremacy. In Flores Hist, we also find an Ethelred (A.D. 743) not noticed elsewhere. Is this a mistake for Selred ? Proofs and Illustrations 541 between HUNBEANNA1 and ALBERT* or Part II. ETHELBERT. eastANGLIA. 758 BEORN, about this period. hunbeanna and ETHELBERT. — EDELRED, or ETHELRED. beorn. EDELRED. 792 ETHELBERT, or AGELBRIHT, son of EDELRED, ethelbert. beheaded by command of OFFAb; and, until the a Elfwald, Rex Orientalium Anglorum, defunctus est, regnum- que Hunbeanna et Alberht sibi diviserunt. (Sim. Dun. de Gestis. Maihos.) [Elfwald, King of the East Anglians, died, and Hunbeanna and Albert divided the kingdom between them. (Simeon of Durham, History of the Kings. Chronicle of Melrose.)] In Flores Hist. Alfwold is called Ethelwold. 758 His temporibus Orientalibus Saxonibus, Swiihredus ; Australibus Saxonibus, Osmundus ; Orientalibus Anglis, Beornus Reges praefuerunt. (Flor. Wigorn.) [758 In these times Swithred reigned over the East Saxons, Osmund over the South Saxons, Beorn over the East Anglians. (Florence of Worcester.)] Regnante Offa, Beorn regnavit in East Anglia, post eum Edelred qui de Regina sua sancta Leofruna habuit Agilbrictum. (Alur. Bever. p. 881.) [During the reign of Offa, Beorn reigned in East Anglia, and after him Edelred, who had Agilbrict by his saintly Queen Leofruna. (Alfred of Beverley, p. 881.)] In such disjointed fragments only has the early history of the minor states been preserved. Beorn and Hun beanna have been supposed to be one individual. Brompton gives the name of Ethelbert to Albert, but I suspect that the latter is the real appeUation according to the dialects of East Anglia. b The history of this event is told with many variations. From the expressions employed by Florence, Ethelbert seems to have been a monarch of great renown. 793 Gloriosissimus ac sanctissimus Rex Orientalium Anglorum Mgelbrihtus, vero regi Christo bonarum virtutum merito accepta- bilis, omnibus blando aUoquio affabUis, Offce praepotentis regis Merciorum detestanda jussione, suaeque conjugis Cynethrithe Reginae nefaria persuasione, regno vitaque privates est capitis abscissione: sed injuste peremptus terrisque exemptus, magno tripudio angelorum rex et martyr intravit curiam spirituum beatorum. (Flor. Wigorn.) [793 The most glorious and saintly King of the East Anglians, Mgelbriht, a man acceptable indeed to Christ the 542 Proofs and Illustrations Part II. eastANGLIA EDMUND. 823 836 855 accession of Edmund, the country continues in a state of great confusion, under various Reguli and Tyrants, sometimes also subject to Kent, and some times to Mercia. (Brompton, p. 754.) The East Angles and their King, whose name is \ unknown, seek the protection of <£ ghert against I the Mercians, and become bis men or vassals. [ 823' BEORNWULF and LUDICA of Mercia defeated by them (see above, pp. 345, 464). Dec. 25.— EDMUND*, of the ancient race of the "Old Saxons," begins to reign b. King by the merit of his virtues, affable to all men by pleasing address, by the detestable command of Offa, the powerful King of the Mercians, and by the wicked persuasion of his wife, Queen Cynethryth, was deprived of his throne and of his life by beheading: but though unjustly put to death and cut off from the earth, the King and Martyr entered the court of the blessed spirits amidst great rejoicing of the angels. (Florence of Worcester.)] a Sanctissimus Deoque acceptus Eadmundus ex antiquorum Saxonum prosapia oriundus, fidei Christianae cultor veracissimus . . . East Englice provinciae naictus est culrnen regiminis. (Flor. Wigorn.) [Edmund, a man of great saintliness and acceptable to God, descended from the race of the ancient Saxons, a true adherent of the Christian faith . . . obtained the high seat of rule of the province of East Anglia. (Florence of Worcester.)] Anno Dominicae Incarnationis S55, Eadmundus Orientalium Anglorum gloriosissimus coepit regnare, viii Kalend. Januarii, id est, die natalis Domini, anno a?latis sua> decimo quarto. (Asser.) [In the year of Our Lord's Licarnation 855, the most glorious Eadmund- of the East Anglians began to reign on the 25th of December, that is on Our Lord's birthday, in the fourteenth year of his age. (Asser. Life of Alfred.)] h These dates are given with so much precision by the Chroniclers, that we cannot refuse to admit but that they were in possession of authentic materials. According to the legendary life of St. Edmund (Capgrave) fie was the son of Alkmund, King of Saxony, and S'ueara : and Nuremberg is assigned as his birth- pla.ee Offa, after the death of Ecgfirth, apprehending that his line would fail, appointed this prince, of the old line, as his Proofs and Illustrations 543 856 Dec. 25. — EDMUND crowned and consecrated at Part n. Burva*. east 857 ETHELBERT said to have succeeded to the dominion of the " Orientates Angli" (see above, Kent, p. 466), probably to the supremacy of the country. 866 The Danes under Hingwar and Hubba land in East Anglia, where the inhabitants make peace with them. successor. The outline of the history is not incredible ; and as the events of the life of St. Edmund are detaUed in connexion with places of little general note, — for example, that he landed at Hunstanton, or Hunston, — the legend seems to be founded upon the traditions of the country. But at the same time they are not preserved in the life of St. Edmund, composed by Abbo Floria- censis (Bib. Cott. Titus B iv). In this work he is described as "ex antiquorum Saxonum nobfii prosapia oriundus " [descended from the noble race of the ancient Saxons] ; and aU the events of his youth are passed over in sUence. The origin of this biography is singular. When Dunstan was a young man at the court of Athelstane, the story was related to him by the sword- bearer of Edmund, and Abbo wrote it down from the relation of Dunstan. A very curious abridgment of this life in "Engfisc," is extant (Bib. Cott. Julius E vii), made probably within a short period after the composition of the original. This work is so remarkable for the idiomatic strength of the language, that it would be very desirable to print it in addition to the Latin text1. a Anno Dominicae Incarnationis 856 . . . anno vero regni Mtheluulfi Occidentalium Saxonum regis decimo octavo, Hum- bertus, Orientalium Anglorum antistes, unxit oleo, consecravitque in regem Eadmundum gloriosissimum, cum gaudio magno et honore maximo, in viUa regia quae dicitur Burua, in qua tunc temporis regafis sedes erat; anno aetatis suae decimo quinto, sexta feria, luna vicesima quarta, die natafis Domini. (Asser, p. 13.) [In the year of Our Lord's Incarnation 856, in the eighteenth year of the reign of Mthelwulf, King of the West Saxons, Humbert, the Bishop of the East Anglians, anointed with ofi and consecrated as King the most glorious Eadmund, with great joy and very great honour, in the royal town which is called Bures, where at that time the royal seat was; in the fifteenth year of his age, on Friday, the 24th day of the moon, on the day of Our Lord's birth. (Asser, Life of Alfred, p. 13.)] 544 Proofs and Illustrations Part II. EASTANGLIA. GUTHRUN I. 870 880 1 883{ Danes again invade East Anglia, and fix their winter- quarters at Thetford. — EDMUND attacks them, but is defeated and slain by Hingwar and Hubba. Danes under G UTHR UN a (afterwards cdlledATHEL- STANE) effect a complete conquest of East Anglia; they divide the land, and settle in the country. About this time the treaty with Alfred was con cluded, and GUTHRUN was confirmed in the possession of East Anglia, to be held as a "Laen" of the. Crown of Wessex b. "¦ According to the Danish historians (Suhm. II. passim), whom I have foUowed, there were two of the name of Godrun or Guthrun in East Anglia. The first, was " Gorrn hin rige," Gorm, or Guthrun, the Powerful, also caUed "Engelandisc," or the Englishman, "Under king" of Omungar Syssel, a small district in Jutland, and who afterwards acquired the more extensive dominion of Lethra. From this kingdom he was expeUed by Olave the 41st, and the Danish invasion of Northumbria in 866, took place under his command, when his rule extended only over his scanty domains in Jutland. After he had obtained East Anglia, he surrendered his Danish dominions to his son "Harold Klak." Guthrun II. son of the King of "Maere" in Norway, married to the widow of "Harold Klak." He appears to have lived more on the sea than on the land. He abandoned East Anglia soon after his treaty with Edward, and was slain in the battle of Ponthieu, A.D. 939. b Dataeque sunt ei provinciae Orientaliu m A nglorum et Northan humbrorum, ut eas sub fidelitatc Regis jure foveret haereditario, quas pervaserat latrocinio. (Will. Malm, de Gestis Regum, ii. 4.) [The provinces of the East Anglians and the Northumbrians were given to him, to cherish by hereditary right under fidelity to the King, what he had overrun with robbery. (William of Malmesbury, Acts of the Kings, ii. 4.)] 11 This is the peace declared by King Alfred and King Guthrun, " and all the Witan of 'Angelcyn,' and all the people which are " in East Anglia, and confirmed by oaths, for themselves and for " their progeny, born and unborn First concerning our " frontiers upon the Thames, and then on the Lea, and along the " Lea to the river head. Then straight to Bedford, then along " the Ouse unto Watling Street."1 Proofs and Illustrations 545 890 Death of GUTHRUM-ATHELSTANE—he is sue- Part n. ceeded by GUTHRUM II.1 eastANGLIA. 894 East Angbans a submit to ALFRED, but do not keep guthrum ii. their engagements. 905 The East Anglians submit to Ethelwald. — Death oft«"e?] 7-, 7 • tt • -7 it,-. ,. t, . 7 [ETHELWALD?-] Eohric or Eric, said to be King of East Anglia, and to have reigned fourteen years. (Malmes.) , 906) Treaty or compact concluded between iEotoatu and 907J the "East Angles" (p. 358), being probably the £ \ treaty now extents Is gs 918 The native East Anglians submit to ISotoato. The Danes of East Anglia join in such submission and fealty0. » The expressions "East Engle," Orientates Angli, seem to be often apphed, as weU to the Danish settlers as to the natives. (See above, p. 358.) b "These are the laws agreed upon by King Alfred and King " Guthrum. And this is the treaty which King Alfred and King " Guthrum, and afterwards King Edward and King Guthrum (i.e. " Guthrum II. ), declared and agreed upon when the Danes and " the Enghsh completely united in peace and friendship. And " the Witan of succeeding times often and frequently renewed " the same."2 c 918 Interim de East Anglia et Eastsaxonia multi Anglorum (qui ferme trighita annos feritati paganorum subjacebant) laeto animo se regi subjiciebant. Ad quem etiam Dani East Angliam incolentes venerunt, et se man terraque nU quod regem offenderet penitus acturos, sacramento firmaverunt. Venit et Danorum exercitus de Grantebricgeie, et Ulum in dominum et patronum delegit, et hoc juramentis ut ipse voluit, roboravit. (Flor. Wigorn.) [918 In the meanwhUe many of the English from East Anglia and Essex (who for nearly thirty years had been subject to the ferocity of the pagans) joyfuUy submitted to the King. And to him also came the Danes who dwelt in East Anglia and affirmed on oath that they would do absolutely nothing on land or sea to displease the King. And the army of the Danes also came from Cambridge, and chose him as their lord and patron, and corroborated this decision with oaths, as he wished. (Florence of Worcester.)] Eric, or Eohric, seems to have been a petty chieftain, perhaps holding r. vn. 35 546 Proofs and Illustrations Part II. EASTANGLIA.[.GYTRO ?] 921 ATHELSTANE. Submission of the "Here," or Host of East Anglia, to ) a f 3£otoato. They become bis men or vassals (seel|| above, p. 361). j gg A King Gytro, said to have reigned in East Anglia under Athelstane. (WaUingford.) The succession of Danish Kings of East Anglia having ceased, the country was subjected to Ealdormen — the supremacy continuing vested in the Crown of aaicssrr. 926 ATHELSTANE, descended from some one of the royal families, and who probably obtained East Anglia as an appanage — he was considered as associated in the royal dignity and name, and was therefore commonly caUed "Semi Rex," or "Half King" — Ealdorman of East Anglia about this time. Becomes a monk in Glastonbury, leaving four sons — viz. Ethelwold, or Ethelwulf — Alfwold — Athelsine — and Ethelwine, or Ailwin*. a part of the country. Another East Anghan King was slain at Tempsford, A.D. 921. (Sax. Chron.) a The exact dates, either of the accession or of the death of Athelstane, do not appear; but his resignation probably took place towards the close of the reign of Edwy, or early in the reign of King Edgar. It is to be regretted that the monk of Ramsey, in compiling the sketch of Athelstane's biography from which the following passages are extracted, did not speak with more precision. The sons of Athelstane seem to have been invested with appanages in the lifetime of tfieir father. Jam vero quia propositi narrationis id deposcit utilitas, ad inclyti quondam ducis Mthelwini advocati nostri genus declaran- dum articulos cum calamo convertamus. Breve siquidem et studii ipsius nobis ndaugct materiam, et inchoati operis provectum pra'parat ct proventum. Fuit in diebus Mthelstani totius ohm Anglia'- Basilei, quidam Orientalium Anglorum Dux, regiae digni tatis consors et, nominis. ab atavis regibus praeclara ingenuse successionis linen transfusus, cui innate devotio liberalitatis apud conterminales multam gratiam comparavit, apud hostes patriae nonnullain virtus bellica invidiam generavit. Qui, quia et nobilitato natunv, et opum airluentia terrenarum et prudentia Proofs and Illustrations 547 seculari, celebri aestimatione reddebatur insignis, praecipue vero Part II. quia ipsi Regi adeo officiosa erat ejus impensa sedulitas, ut ad east arbitrium ipsius cuncta regni negotia tractarentur, idcirco ab ANGLIA-ATHELSTANE. universis Mihelstan Half-kyng, quod est "Sernirex," dicebatur. Is, cum in fortioris adolescentiae robur devenisset, ob amorem sobolis procreandae, uxorem sibi quandam Alfwen nomine, tam generositate natalium quam non Ulepidae spei gratia thoro suo congruentem, maritali dotavit connubio. Haec postea inclytum regem Mdgarum, tenerum adhuc in cunis puerum, sedulitate materna nutrivit et educavit. Qui postmodum debito sibi hereditaria sorte totius Anglioe regimine suscepto, nutricis suae acceptis beneficiis non ingratus, viUam de Western eidem regali mumficentia largitus est, quam filius ejus Aldermannus postea, matre necessitudine naturae e medio sublata, Ramesiensi Ecclesiae in perpetuam elemosynam pro ejus anima condonavit. Hac igitur praefato viro nupta et fecundate quatuor filiorum distincto nascendi ordine, ad flumen usque ad mare se extendens pulcra germinavit propago. Nam cum in gratiam omnium adolescerent et favorem, usque ad remotiores patriae fines multe causae celebrem juvenibus notitiam contulere, eorumque mores ingenuos ultro tam prudentiae quam benignitatis nobifitavit accessus. Qui naturae foedere copulati solo sectandae justitiae zelo pulcre sibi sine invidia contendebant. Primus Mihelwoldus, secundus Alf- woldus, tertius Athelsinus, quartus Mthelwynus dicebatur. Quorum ultimus, etsi eum natura statuisset novissimum, dis- ciplinatae tamen moralitatis pretio supra caeteros virtutis multi- modum mercabatur prioratum. Horum pater, praenominatus dux Ethelstanus, cum jam multum sui temporis in operibus piis et virtutum exercitiis consummasset, sagaci providentia mundum ante deludens quam deluderetur a mundo, monacfius factus Olastonia; prioris naevos aetatis maturiori expiavit conversatione. Tandemque praedictos novellos fcecundae vitis quatuor palmites, m sortis suae fiaereditariae et moram successione relinquens, ibidem vitae et finem sortitus est et sepulchrum: perseveravit autem vir iste Cnristianissimus ab Mihelstano rege piissimo usque ad nepotem ipsius ex fratre Edmundo Ulustrem regem Edgarum, quatuor scUicet regum tempora complens. (Hist. Rams. p. 387.) [And now indeed, since the exigencies of the narrative we propose demand it, let us turn our fingers and pen to the declaration of the descent of the once famous duke, Mthelwine, our advocate. And indeed a brief account of his zeal increases our material and prepares beforehand the progress and success 35—2 548 Proofs and Illustrations Part II. EAST ANGLIA. ATHELSTANE. of the work we have begun. There was in the days of Mihelstan, formerly BasUeus of the whole of England, a certain Duke of the East Anglians, who shared in the royal dignity and title, whose veins contained the blood of an Ulustrious line of a noble succession from Kings of old ; for whom addiction to an innate liberality gained great favour amongst his neighbours, and whose valour in war gave rise to keen hostility amongst the enemies of his country. And, because he both from the nobUity of his nature and the affluence of his earthly wealth and his worldly wisdom was acclaimed Ulustrious in the popular estimation, and particularly also because the zeal which he evinced for the King himself was so fuU of a sense of duty, that aU the business of the Kingdom was handled after his judgment, he was therefore caUed by aU men Mihelstan Half- Kyng which is equivalent to " Semi -rex." He, when he came to the strength of a more vigorous adolescence, on account of his desire to procreate offspring, took a wife by name Mlfwen, a suitable alliance both because of the highness of her lineage as weU as for the sake of an expectation full of charm, and endowed her with wedlock. Afterwards she nursed and brought up with a mother's care the famous King Edgar, stiU a tender boy in his cradle. And he at a later date having undertaken the rule of the whole of England that was due to him by heredity, was not ungrateful for the kindnesses he haid received at the hands of his nurse, and with royal munificence bestowed on her the town of Weston, which his son, the Alderman, after him, when his mother had been taken from their midst by nature's decree, bestowed on the Church of Ramsey as a perpetual alms for her soul. When therefore she had been married to the man mentioned above and had produced four sons in distinct order of birth, the fair offspring budded forth and extended itself as far as the river even unto the sea. For when they were growing up into the grace and favour of aU men, many causes contributed to make the youths widely known, even to the furthest boundaries of their land, and their growth made widely known their innate characteristics as well of foresight, as of kindness. And they, though closely joined by nature's law, in their zeal for the pursuit of justice alone did shew a pretty emulation freed from aU thoughts of envy. The first was called Mthelweald, the second Mlfweald, the third .Ethelsige and the fourth Mthelwine. And the last of these, although nature had made him the latest-born, never theless purchased an outstanding priority in virtue over the Proofs and Illustrations 549 - MTHELWOLD, Duke of the East Angles, kUled by Part n. direction of ffitigara. eastANGLIA. — AILWIN, or ETHELWIN, Ealdorman or Duke of /ethelwold. East Anglia, and also Ealdorman of all England6 AILWIN- others as the reward of a disciplined morality. Their father, the above-named Duke Mihelstan, when he had spent a great part of his time in pious works and in the exercise of virtues, with his wise foresight deluding the world before the world deluded him, became a monk in Glastonbury and expiated the blemishes of his earlier life by his later behaviour. And at length leaving behind him the above-mentioned four young shoots of the fruitful vine to succeed to their hereditary lot and characteristics, in that place he came to the end of his life and to his tomb ; this most Christian man however continued steadfastly from the time of the most pious King Mihelstan until the reign of his nephew the Ulustrious King Edgar, the son of his brother Edmund, in fact completing the reigns of four Kings. (Chronicle of Ramsey, p. 387.)] a This unlucky prince is described by Malmesbury as one of Edgar's privy counsellors. Athelwoldus quondam erat Comes egregius et a secretis. [Athelwold was once an Ulustrious Earl and in the King's confidence.] — Edgar caused him to be assas sinated, in order that he might obtain his wife, the fair Elfrida, the daughter of Ordgar, Ealdorman of Devonshire. Malmesbury notices that he left an iUegitimate son, who was received with great favour by Edgar. b The principal materials for the life of Ailwine and his famUy are found in the Book of Ramsey — (as above and in chapters iii. xvii. xviii. &c). The inscription upon his tomb : — Hic requiescit Ailwinus incliti regis Edgari cognatus, totius Anglice Alder- mannus, et hujus sacri ccenobn miraculosus fundator [Here rests Ailwine, the relative of the renowned King Edgar, Ealdor man of the whole of England, and the miraculous founder of this holy convent] — was preserved by Leland. (Gale, p. 462.) After the dissolution, the church was demolished, the tomb of Ailwine destroyed, and his statue cast into a pond, in which it was discovered during the reign of Charles II. When Gough wrote, this very singular relic was lying neglected in a yard. (Sepulc. Mon. Vol. I. p. xtii.) He supposed it to be "the oldest genuine monument in England." The canopy which surmounts the statue shews that it is not older than the reign of Edw. I. but, at the same time, the singularity of the costume, utterly 550 Proofs and Illustrations Part n. 975 AILWIN, noticed as one of the Primates concerned east in the important transactions arismg upon the accession of ffiutoatrj the Martyr — becomes the AILWIN. leader of the party opposed to MLFERE, Duke of Mercia — prevents the expulsion of the monks, and raises a great army for the purpose of defending the monasteries of East Anglia*. unlike any dress used in that age, affords strong reason for considering it as a genuine copy of a Saxon original, and, as such, deserving more attention than it now receives. Ailwin and his brothers are said, by the Monk of Ramsey, to have flourished under Edgar ; and it is most probable that they all enjoyed some portions of their father's territory. » Nam princeps Merciorum Alferus, quampluresque regni primates, magnis obcaecati muneribus. abbates cum monachis de monasteriis, in quibus Rex pacificus Eadgarus eos locaverat, expulerunt, et clericos cum uxoribus suis introduxerunt. Sed huic vesaniae viri timorati, Dux Orientalium Anglorum Athelwinus, Dei amicus, et suus germanus Alfwoldus, et Brihtnothus Comes, vir refigiosus, restiterunt, et in synodo constituti se nequaquam ferre posse dixerunt, ut monachi ejicerentur de regno, qui omnem religionem tenuerunt in regno. Congregate dein exercitu, monasteria Orientalium Anglorum maxima strenuitate defendunt. (Flor. Wigorn.) [For Alfere, Prince of the Mercians, and very many nobles of the realm, blinded by large bribes, expeUed the abbots and the monks from those monasteries in which the peaceful King Eadgar had placed them and introduced clerks with their wives. But some conscientious men, Mthelwine. Duke of the East Anglians, a friend of God, and his brother Mlfweald. and Earl Brihtnoth, a religious man, resisted this madness, and having met together in synod, they declared that they could by no means tolerate the expulsion of monks from the Kingdom, seeing that thev were the guardians of all the religion in the Kingdom. Then they collected an army and defended with the utmost vigour the monasteries of the East Angles. (Florence of Worcester.)] 992 Dux cgregia^ memoria" Mthclwinus, Dei amicus, defunctus est, qui fratribus suis Mthelwoldo, et Alfwoldo et Agelsino licet junior a^tate, illos tamen mansuetudine, pietate, bonitate, et justitia cxccllebat, et ut vir maximae honestatis et munditias paradisi civibus (uti credi libet) est allectus. Cujus corpus cum Proofs and Illustrations 551 992 Death of ETHELWINE, or AILWIN. Part n. 1004 ULFKYTTLE, "Dux East Anglorum" about this anglia. time. He and the Witan of East Anglia take ailwin. counsel for treating and making peace with Sweyne. ULFKyTTLE- The Danes treacherously attack Thetford, and are defeated by Ulfkyttle*. maximo honore Ramesegiam delatum, a sancto Alfeago Wintoniensi Episcopo est tumulatum. (Flor. Wigorn.) [992 Mthelwin the Duke of excellent memory, a friend of God, died. Although younger than his brothers Mthelweald, Mlfweald and Mthelsige, he excelled them in clemency, piety, goodness and justice, and, as a man of the highest virtue and cleanness of soul, was, we may believe, gathered to the citizens of paradise. His body was brought with the greatest honour to Ramsey and was buried by the holy Bishop Alfeg, of Winchester. (Florence of Worcester.)] a Ulf Kettle Snilling, for such was his Danish name, was a Dane by birth and blood : but he had married Ulfhilda, daughter of Ethelred. The period when he acquired the Earldom is not ascertained. (Suhm. III. 358, 431.) Rex Danorum Suanus cum sua classe Northwic advectus, illam devastavit et incendit. Tunc magnae strenuitatis Dux Eastanglorum Ulfketellus, quia ex improviso venit, nee contra eum spatium congregandi exercitum habuit, cum majoribus Estanglice habito consilio, pacem cum eo pepigit. Verum iUe, dirupto fcedere, tertia post fiaec hebdomada, cum copus suis latenter e navibus prosfiiens, Theotfordam invasit, devastavit, nocte una in ea mansit, dUuculo incendit. Quo cognito, Dux Ulfketellus quibusdam de provincialibus mandavit, ut hostium naves confringerent : at illi vel non audebant, vel jussa perficere negligebant. Ipse vero interim (quam citius potuit) clam suum congregans exercitum, adversus hostes audacter ascendit ; quibus ad naves repedantibus, non asqua manu mUitum Ufis occurrit, durissimumque cum eis praelium cornmisit, multisque ex his et illis caesis, nobUiores quique de Eastanglia corruerunt ; Dani vero vix evaserunt. Sed si vires Eastanglorum jam adessent, nuUo modo naves suas repeterent. Ut enim ipsi testati sunt, durius et asperius bellum in Anglia nunquam experti sunt, quam Ulis Dux Ulfketellus intulerat. (Flor. Wigorn.) [Sweyn, King of the Danes, sailing with his fleet to Norwich, pillaged it and burnt it. Then Ulfketeil, Duke of the East Anglians, a man of great vigour, because Sweyn came against 552 Proofs and Illustrations Part II. east anglia. ULFKYTTLE. THURKILL. 1010 Danes under the command of THURKILL "hin have," or "the tall," the brother of Sigwald, the pirate Jarl, of Jomsburgh, and son of Harold, King of Scania, invade East Anglia, and occupy the country. 1012) About this time THURKILL submits to ffitheltfo, 101 3 1 and obtains a portion of East Anglia, probably Suffolk, as his Earldom. 1016 East Anglia aUotted to EDMUND Ironside upon theEDMuro division of the Empire (p. 415). 101 6 ULFK YTTLE killed in the great battle of Assingdon. 1017 Canute, upon his accession to the Empire, appoints THURKILL to be Earl of East Angliaa. him unexpectedly and he had no time to assemble his army against him, took counsel with the magnates of East Anglia and made peace with him. But Su-ft/n broke the treaty, three weeks after this, and secretly issuing with his forces from the ships, attacked Thetford, piUaged it and, after staying in it for one night, set fire to it at dawn. And when he heard this, Duke Ulfketeil ordered some of the men of the country to break up the enemies' ships ; but they either had not the courage or neglected to carry out his orders. But in the meantime he himself as quickly as possible assembled his army in secret and boldly advanced against the enemy. As they were marching back to their ships, he met them with an inferior force, and fought a very stubborn fight with them; and after many on both sides had been kiUed, and the cliief men of East Anglia had faUen, the Danes with great difficulty managed to escape. But if the East Anglians in fuU force had been present on that occasion, they would never have reached their ships. For as they themselves bore witness, they had never experienced a harder and keener right in England than the one which Duke Ulf k> tell fought against them. (Florence of Worcester )] • Thurkill, whose sh/.c was almost gigantic, appears as one of the most successful of the Danish chieftains — and, at first, one of the most, ferocious of the Danish chieftains. The pirates of Jomsburgh were celebrated for their stern and ferocious valour, and Thurkill did not belie the reputation of his compeers. His first invasion, in 1009, was for the ostensible purpose of revenging the death of his brother, Earl Sigwald. Sweyne was incited by Proofs and Illustrations 553 1021 Earl THURKILL, and his wife EGITHA, expeUed Part n. from England. east ANGLIA. 1051 About this time East Anglia was included in thurkill. HAROLD's Earldom (p. 437), of which he is harold. deprived, and it is granted to MLFGAR or ALGAR, the son of LEOFRIC. 1052) HAROLD is restored to his Earldom. Upon the 1053] death of Godwin, bis father, he succeeds to the Earldom of Wessex; and the Earldom of East Anglia is granted again to ALGAR. — In 1055 algar. Algar was outlawed by tbe Witenagemot, but the sentence was reversed in the course of the same year. 1057 ALGAR succeeds to the Earldom of Chester (see above, p. 526) and surrenders East Anglia*. GURTH, brother of HAROLD, becomes Earl of qurth Suffolk *. Provincia iUa ab Austro et ab Oriente cingitur oceano, ab aquilone paludum uligine et stagnorum rapaci voragine ; quae trium, vel duum milliariorum spatio latitudine, infinitaque longitudine protensa, incolarum usui piscosam praebent exuberantiam ; ab Occidente reliquse insula? continua, sed defossa humo ad instar muri aggere perm unite; pecorum pabulis, ferarum capturis humus egregia, ccenobiis Thurkill to attack England ; but, as appears above, he afterwards deserted the Danish party, and made terms with Ethelred. He was killed in Denmark by the peasantry, and his corpse aUowed to lie unburied. (Sax. Chron. &c. ad ann. Enc. Emmae, p. 167. Suhm. in. 248, 372, 380, 389, 541.) a The authorities do not state in express terms that Algar was divested of this Earldom, but the other transactions of this reign leave no doubt of the fact. In the narratives of the Battle of Hastings (Flor. Wigorn. &c.) Gurih is styled Comes : and we can collect from Doomsday (II. 283, &c.) as weU as from a writ of Edward the Confessor, that he was Earl of Suffolk, though probably not of the whole country, for in the instrument last quoted, he and Harold are addressed jointly as Earls. (Mon. I. 297.) 554 Proofs and Illustrations Part ii. referta, congregationibus monachorum numerosis- EAST ANGLIA. iWR TH. simis, inter ipsas stagnorum insulas institutis, gens laeta, ct lepida facetaque festivitate jocorum ad petulantiam pronior. (Abbo Floriacensis in Vita Sancti Edmundi.) [That province is girt around on the south and east by the ocean, on the north by marshy morasses and by broads eating deeply into the land; being two or three rmles wide and greatly extended in length, they afford for the use of the inhabitants a superabundance of fish. On the west of the rest of the island there is unbroken country, but it is strongly fortified by a mound of earth dug out of the ground like a waU; a soil excelling in pasture and its catch of game; replete with convents, occupied by very large congregations of monks, buUt among the islands formed by the lakes; a happy population, and rather inclined to forwardness, because of the neat and facetious gaiety of their jests. (Abbo of Fleury, Life of St. Edmund.)] In the preceding passage the natural and artificial boundaries of East Anglia are described. The dyke was known by the name of the Rech-Dyke, i.e. the Warriors' or Heroes' Dyke, from Rekke, an ancient Gothic term, and expressive of strength, might and power a. A name more emphaticaUy appropriate to the vast rampart, upon whose summit were ranged the warriors of East Anglia, could not be devised. By the ordinary transition of popular speech and opinion, it is also familiarly known as the Devil's Dyke. In the middle ages it was more decorously called the Dyke of St. Edmundb. The same name appears to have been also given to the Fleam Dyke, and to some other entrenchments of the same description, which appear to have been the out works of the principal fortification. The present Bishopric of Norwich is so well marked out by natural boundaries, and by the Dyke, that we may a Camden supposes that the name of the Dyke is derived from the village of Rcch, but the village evidently derived its name from the fortification. For the application of the term Rekke and Recke, see Wackier and Ihre. b Higden, Lib. I. c. 51. (Florilegus.) Proofs and Illustrations 555 consider it as distinctly indicating the ancient extent Part n. of the kingdom of East Anglia, except in those parts east where, in early periods, the frontier was left unde- termined in the fens and marshes. The country has, however, sustained many important changes by the loss of land on the coast, where the process of degradation has gone on with great rapidity; and by the gain in the estuaries, which have been fiUed up by the retrocession of the waters. SOUTH GYRWA*. GYRWA 660 TONDBRYHT, Ealdorman or Princeps, married to tondbryht. Mdilihryda or Eiheldreda, daughter of Anna of East Anglia, about this time. (Bede, iv. 19.) EAST SAXONS1. essex. [527 ?] Kingdom of the East Saxons supposed to begin15 under MSCWIN, also called ERCENWINE, the son of 8 North and South Gyrwa respectively contained the same number of 600 hides. They are supposed to have comprehended the Fen Counties in the Shires of Cambridge, Huntingdon, Northampton and Lincoln. (Gibson's Camden, 489.) The name of the district appears to have continued current tiU a late period, but no further mention of it, as a political division, occurs after the age of Bede. Bentham supposes that "South Gyrwa" is to be identified with the Isle of Ely. (Hist. Ely, p. 46.) Ovin is noticed both by Bede and the Ancient History of Ely, as the "Primus Ministrorum" [first of the Ealdormen] of Etheldreda — and possibly may have had the administration of the island. The monumental inscription upon his tomb — "Lucem team Ovino, da, Deus, et requiem eternam " [Give, 0 God, thy fight to Ovin and eternal rest], is perhaps one of the most venerable monuments of Saxon antiquity. After serving for many years as a horseblock at Hadenham, in Suffolk, it was removed, by the care of Mr. Bentham, into Ely Cathedral. b Regnum Estsexe, id est Orientalium Saxonum, incipit; quod primus, ut putatur, tenuit Erchenwin, secundum quod ex veterum scriptis conjicere possumus, qui fuit filius Offce, filu 556 Proofs and Illustrations Part II. ESSEX. SLEDA. SEBERT 587 604 OFFA or UFFA*. It is doubtful whether this monarchy ever enjoyed independence. SLEDA, son of xESCWIN or ERCENWINE, married to Ricola or Regula, sister of (fthelhert, King of Kent. About this time SEBERT, SABERT, or SABA, under the supremacy of Iptfjeluert b. Bishopric of London founded by their joint authority. Biedcan, filii Sigewulf, filii Spoewe, filii .Gesac, filu Andesc, filii Saxnot. Post Erchewin vero regnavit iSTede films ejus. (Hunt.) [The kingdom of Essex begins, that is of the East Saxons; and, as is thought, Erchenwine was the first to hold it, according to what we can conjecture from ihe writings of the ancients. And he was the son of Offa, the son of Biedcan, the son of Sigewulf, the son of Spoewe, the son of Gesac, the son of Andesc, the son of Saxnot. After Erchenwine his son Slede reigned. (Henry of Huntingdon.)] a In the genealogies appended to Florence — Mscwin. In Huntingdon (as above) and the other authorities — Erccnwine. It is not very probable that Ercenwine reigned sixty years, and, according to Malmesbury, Sleda was their first King. I notice these difficulties and contradictions, without attempting to remove them. Et habuere quidem Orientates Saxones per succes- sionem Reges multos, sed aliis Regibus et maxime Merciis subjectos. [And indeed the East Saxons had many Kings in succession, but they were subject to other Kings and to the Mercians in particular.] The settlement of Essex is also said to have taken place about the same time with that of Mercia and of East Anglia. (See above, p. 477} b Provincia Orientalium Saxonum, qui Tamense fluvio din- muntur a Cantia, et ipsi orientali mari contigui, quorum metro polis Lundonia civitas est, super ripam praefati fluminis posita, et ipsa multoruni emporium populorum terra marique venientium, in qua videlicet genti tunc temporis Saberct nepos Aedilbercti ex sorore Ricufa resmabat, quamvis sub potestate positus ejusdem Aedilbercti. (Beda. ii. :. ) [The province of the East Saxons, who are divided by the river Thames from Kent and arc themselves bordering on the Eastern Sea, whose metropolis is the city of London, situated on the bank of the aforesaid river, and itself the emporium of many peoples who come by land and sea, where at that time Proofs and Illustrations 557 615] Death of SEBERT, who is succeeded by his three Part n. 616 sons3— essex. ; SEBERT. SEXRED— SEWARD— and SIGEBERT1. ffJWfftSEWARD. [bm]SEXBED, SEWARD, and SIGEBERT, slain in battle SIBEBERT- with the "Gens Gewissorum." SEWARD leaves two sons, SIGEBERTUS Parvus2, and Sebbi*. SIGEBERTUS Parvus succeeds. sigebert the Little. 653 SIGEBERTUS Bonus3, son of Sexbald (Bede, iii.) or sigebert the Sigebald (Malm.) the brother of SEBERT, succeeds. 660 SIGEBERT is killed by bis subjects. SWIDHELM or SWITHELM, brother of SIGE- swithelm. BERTUS Bonus, succeeds. 665 Succeeded by SIGEHERE, son of SIGEBERTUS sigehere. Parvus, and SEBBI, brother of SIGEBERTUS SEBB'~ Parvus, as co-heirs, but each ruling over a separate part of the kingdom, under the supremacy of Mercia c. [m\]SIGEHERE is succeeded by his son OFFA, who had offa. perhaps been already associated to himc. Saberct, the nephew of Mdilberct, by his sister Ricula, reigned over the people, although he was subordinate to the power of this same Mdilberct. (Bede, n. 3.)] a The authorities disagree as to this succession. Bede says, that Sebert's three sons succeeded him as his heirs, "tres suos filios ... regni temporalis haeredes reliquit " (ii. 5) [he left his three sons as heirs of his temporal kingdom], whose names are given by Brompton (p. 743). Malmesbury and Flor. Wigorn. name Sexred and Seward only as his successors, and no further mention is made of Sigebert. b Bede merely notices the death of the sons of Sebert. The other particulars are from Malmesbury and Flor. Wigorn. According to Flores Hist, the battle took place in 623. c The supposition that Sebbi and his sons reigned concurrently is grounded upon a charter granted by Hodilredus (i.e. Ethelred) parens Sebbi, in favour of the monastery of Beddingham, and thus confirmed : Ego SEBBI, Rex East Saxonum, pro confirmatione sub scripsi. Ego Oedelredus, donator, subscripsi. 558 Proofs and Illustrations Part II. ESSEX. SI6EHEAR0.SWEFRED. SELRED. — SEBBI resigns his crown, and is succeeded by his sons, SIGHEARD and SWEFRED, or SUEBRED* who, perhaps, had been associated to him in his lifetime. 709 OFFA, son of SIGH ERE, resigns his crown, and dies a monk at Rome. He is succeeded by SELRED, Signum manus SEBBI, Regis. Signum manus SIGEHEARDI, Regis. Signum manus SUEBREDI, Regis. [I, SEBBI, King of the East Saxons, have subscribed my self in confirmation. I, Mthelred, the giver, have subscribed myself. The mark of the hand of SEBBI, the King. The mark of the hand of SIGEHEARD, the King. The mark of the hand of SUEBRED, the King.] The Charter (Bib. Cott. Augustus II. 29)1has the appearance of being an original document, and aU the signatures were written at one time. SUEFRED or SUEBRED does not appear with any co-regent in a charter granted A.D. 704, by which he grants certain lands "in provincia quae nuncupatur Midddseaxan" [in the province which is caUed Middlesex] to Bishop "Waldar." The Charter is made "cum ficentia Mdelredi Regis' [with the hcense of King Mthelred]. (Smith's Bede. App. 749.)2 That Sigehere and Sebbi were not tenants in common, but that each held distinct sovereignty, appears from Bede, iii. 30. Eodem tempore provincia? Orientalium Saxonum post Suidhelmum, de quo supra diximus, praefuere Reges Sighcri et Sebbi, quamvis ipsi regi Merciorum Uulfhere subjecti. Quae videlicet provincia, cum praefata" mortalitatis elade premeretur, Sigheri cum sua parte populi, relictis Christiana? fidei sacramentis, ad apostasiam conversus est. [At that time the Kings, Sigher and Sebbi, were appointed over the province of the East Saxons after Swilhhelm (of whom we have spoken above), although they themselves were subject to King Wulfhere of the 3Iercians. And whUe this province, it appears, was being oppressed by the calamity of the above-mentioned mortality, Sighere and his portion of the population, having abandoned their Christian vows, turned to apostasy.] In a charter of Offa, 690, he is styled "Rex Anglorum." (Thorn, p. 2219.) a Bede, iv. 23. The date of Sebbi's resignation is un certain. Proofs and Illustrations 559 the son of SIGEBERTUS Bonus, who reigned Part n. 38 years ab. ESSEX SELRED. 738 King SELRED is slainb. He is succeeded by SWITHRED I. SWEFRED dies. swithred 758 SWITHRED I. King of the East Saxons about this time. (See above, p. 541, note a.) 799 SIRIC1, about this time. (Sax. Chron. WUkins, siric. Concilia I. 169.) 823 Essex submits to (jgghert, King of Wessex (see above, p. 345) but London continues under the supremacy of Mercia ; and it is probable that from this time Middlesex was permanently detached from Wessex c. a Bede (v. 91) notices the resignation of Offa; the accession of Selred appears from Flores Hist, and Malmesbury. 11 A.D. 746 Her man sloh Selred cyning. (AB. Chronicle.) [In this year King Selred was slain.] — A.D. 738 Rex East Saxonum Selredus occiditur. (Flores Hist.) [Selred the King of the East Saxons is kiUed. (Flowers of the Histories.)] The latter date is the more probable. c Selredo perempto, anno regni sui tricesimo octavo, Suithredus regni solium obtinuit ac aliquantis annis tenuit. Cujus post mortem, reges pauci super East Saxones regnavere proprii. Nam eodem anno quo regnum defecit Cantuariorum, cum ipsis et cum Suih Saxonibus strenuo regi West Saxonum Ecgberto sponte se dederunt, et ei suisque successoribus tam diu parebant, quoad Danicus Rex Guthrum super eos potestatem acciperet. Lundonia tamen cum terris cireumjacentibus, Mercensibus regibus quamdiu ipsi regnaverunt, paruit. (Flor. Wigorn. Gen. 691.) [After the slaying of Selred in the 38th year of his reign, Suithred obtained the throne of the kingdom and held it for some years. After his death few of their own Kings reigned over the East Saxons. For in the same year in which the kingdom of Kent came to an end, they surrendered with them and the South Saxons, to Egbert the powerful King of the West Saxons, and were obedient to him and his successors until the Danish King Guthrum obtained power over them. However London, with the adjacent country, was obedient to the Kings of the Mercians as long as they ruled. (Florence of Worcester, Genealogies, p. 691.)] 560 Proofs and Illustrations Part 11. 827) SWITHRED II. King of Essex, expeUed (see above, ESSEX. 828J p. 348) a. SWITHRED II athelstane- 836 ATHELSTANE, son of ^tfjdtoulf, King of Essex EtHelwulfing. ^ ^^ &Q (gee ^^ p? ^ ^^ beortwulf. 897 Death of BEORTWULF, Dux or Ealdorman of the East Saxons. 8UTHRUN- Athelstane. Essex being included within the frontier of the territory assigned to GUTHRUN -ATHELSTANE, it was probably governed by him in conjunction with East Anglia. (See above, p. 544.) 9131 Maldon occupied by ffiomartf the Elder — part of the 915J inhabitants of Essex submit to him. 918 Further submission of the Men of Essex. 921 tEutoaro the Elder marches with his "Fyrd" to Colchester, and occupies the town — other parts of the inhabitants of Essex submit to him. brihtnoth. 1016 991 Essex and London aUotted to EDMUND Ironside on the division of the Empire between him and CANUTE. (Sec above, p. 413.) BRIHTNOTH*, the valiant Alderman or Dux of the East Saxons, killed by the Pagan Danes at Maldon. " The voluntary submission of the men of Essex to Egbert seems to shew that they, like the men of Kent, considered him as their lawful King, and perhaps the two Swithreds were intrusive monarchs. The date of Swithred's expulsion, stated in general terms by Malmesbury, is fixed by Flores Hist, in this year, p. 240. This Swithred must have been the successor of Siric. b We possess a more than ordinary acquaintance with this noble warrior ; for the will which he made, when he was about to proceed against the Pagans, is extant (see above, p. 314); and we can listen to the poet by whom his achievements have been sung. (Conybcarc's Anglo-Saxon Poetry, pp. xc. — xcvi.) In the Book of Ely (lib. ii. cap. vii.) which contains an elaborate Proofs and Illustrations 561 1051 Essex was afterwards included in the Earldoms of Part n. HAROLD and of ALGAR. (See above, p. 437.) ESSEX- — Leofcild, Scir-Gerefaa. — Robber d and Esgar*-, "StaUeres." MIDDLESEX. MIDDLESEX. This Province, part of the original dominion of the East Saxons, appears to have been afterwards governed by Mercia. (See above, p. 559.) Included in the Earldom of 1053 HAROLD*. portrait of Brihtnoth's character, and a fuU detaU of his achievements, he is styled the "nobUissimus Northanhymbrorum Dux " [most noble Duke of the Northumbrians]. This epithet probably relates to bis descent, for the other testimonies imply that he was Duke of the East Saxons. Having determined to appropriate his worldly wealth to pious uses, he appears to have executed separate wiUs in favour of each establish ment. To the Abbey of Ely he bequeathed many Townships, thirty marks of gold, and twenty pounds of silver, and directed that his corpse should be interred there, if he f eU in the approach ing conflict. His directions were carried into effect, and his widow, Adelfleda, not only surrendered the right which she possessed in two Townships, by reason of her dowry, or "Morgen- gabe," but added other gifts— a Torques or coUar of gold, probably the insignia of the Ealdorman — and a " cortina,"1 the counterpart of the Bayeux tapestry, upon which his valiant deeds were embroidered. The bones of Brihtnoth were deposited in the stone wall of the ancient choir of Ely ; when the cathedral was repaired and "improved" (i.e. mangled and defaced) in the course of the last century, they were removed to the south aisle of the new choir. a Named in writs addressed by Edward the Confessor to them and Bishop WiUiam. (Mon. I. 298, 299.) b Mon. I. 297. p- vn. 36 562 Proofs and Illustrations Part n. — Osgod Clapa and Ulf, Scir-Gerefasa. — Esgar, the King's "StaUere" in Middlesex*. HERTFORD. HERTFORD. Included in the Earldoms of BEORN*. LEOFWINE*. (Perhaps Harold's brother.) LONDON. LONDON. Supremacy thereof, granted by JUfreii to Ethelred, Ealdorman of Mercia. (See above, pp. 499-500.) — Leofstan and Alfsi, Port-Geref as d. NORTHUMBRIA.BERNICIA.octa. ebusa. NORTHUMBRIA. ANGLES. OCTA and EBUSA first settle North of the Hum ber. Other settlements formed by various Eal dormen, who continue under the supremacy of Kent, until the accession of Ida. (Will. Malm. i. 44.) 500? The Saxons take the city DEIfM. of York. — Archbishop Samson takes refuge in Armorica, where he founds the see of Dol. ^Dubious — see Morice, I. 548.) 516 [Colgrim, and his brother Baldwulph, said to have occupied Northumbria. They are attacked by •' Writs addressed to them and Bishop Rodberd. (Mon. 1. 299.) b Writ addressed by the Confessor to him and to Bishop Ednoth. (Bib. Cott. Faustina A iii, f. 103.) 0 Writ addressed by the Confessor to him and to Bishop Wulsi. Ll Writs addressed to them and to Bishop William. (Mon. I. 300, &c.) Proofs and Illustrations 563 IDA. Ilmtela.) nan. 547 IDA1, accompanied by his father, Eoppa, lands at Flamboroughb — assumes the government — reigns 12 years. (Bede, v. 24. Sax. Chron.) — ADDA1, son of IDA, reigns five (or according to Nennius nine) years. CUPPA. JHCOD- WULF. fflram- WULF. THEO- DOMC. £THEL 589 RIC. CLAPPA, son of IDA, reigns seven years. THEODWULF, son of IDA, reigns one year. FBEOTHWULF, son of IDA, reigns seven years. THEODORIC1, son of IDA, reigned seven years. (App. Nenn.) iETHELBIC1, son of IDA, succeeds, after the death of Ella, to the supremacy of Northumbria — reigns five years (Malm., Sax. Chron.); or four, ac cording to Waiiingford. Arthur, and defeated on Part II. the river Duglasa.] NORTHUMBRIA' 5591 ELLA, son of YFFI, de- 560) scribed by Malmesbury and the Chronicle, as the successor of IDA, and who seems to have had the supremacy over the whole of North umbria — reigns about 30 ELLA. (Deira.) 588 ( 589) Death of ELLA2. — EDWIN, son of ELLA, expelled from his king dom by ETHELERITH, and received by Red wald, King of the East Angles. a A very dubious statement. The battle on the Duglas is mentioned by Nennius. The achievements of Colgrim and Baldwulph are detaUed at length by Geoffrey of Monmouth ; the date is given from Flores Hist. b WaUingford, p. 526. This author gives the foUowing succession1, Adda, 8 yea,TB—Glappa, 1 — Hulsa (Hussa ?) — Frith- wolf, 1—Theoric, 1—Eaiheldric, or Athelric, A—Eathelfrid, or Mhelfrith, 24. The uncertain author quoted by Leland, Coll. (II. 34), seems to have had much in common with WaUingford. 36—2 564 Proofs and Illustrations Part II. NORTH UMBRIA. ETHELFRITH. 592 ETHELFRITH, son of iETHELRIC, succeeds on the death of his father — married to Acca, daughter of Ella — reigns 24 years. (Sax. Chron. Flor. Wigorn. Bede.) 596 603 613 EDWIN marries Cwen- burgha, the daughter of Charles or Ceorl, King of Mercia. Fritholgwald and Hussa1, chieftains of Northum bria about this timea. ETHELFRITH defeats AID AN, "King of the Scots inhabiting Britain," in the battle of Degsastan, fought in the eleventh year of his reign. (Bede, i. 24.) — [According to the Saxon Chronicle, Aidan fought against the Dalreudi and against ETHEL FRITH ».] ETHELFRITH defeats the Britons under BROC- MAIL, at Chester*:. a The first of these cliief tains, whom the Cumbrian genealogist (Nennius, p. 17) caUs kings, is said to have flourished about the time when Ethelbert of Kent received Christianity. Hussa is said to have reigned six years. " Her iEgthan, Scotta Cining, feaht uith Delreoda and with x^thelferthe, Northhymbra Kining, aet Daegsan stane — perhaps an error of the Saxon Chronicle2. [In this year Aedan, king of the Scots, fought against the Dal Riada and against /EtheUerth, king of the Northumbrians, at Dawston.] <= By Bede the extent of Ethelfrith's conquests is forcibly described. 502 — 013 His temporibus. regno Northanhymbrorum praefuit Rex fortissimus et gloria' cupidissimus A edilfrid, qui plus omnibus Anglorum. prima tibus gentem vastavit Brettonum Nemo enim in tribunis. nemo in regibus plures eorum terras, extorminntis vel subjugatis indigenis, aut tributarias genti Anglorum, aut habitabilcs fecit. (Beda, i. 34.) [592—013 At that time, Mthelfrith, a very brave King and one most eager for glory, governed the kingdom of the North umbrians, and ravaged the people of the Britons more than all the great men of the Angles For no ealdorman or king made more of their lands subject to the Angles or occupied Proofs and Illustrations 565 617 ETHELFRITH kiUed by Urtitoalii and Edwin, in the Part n. battle of Idelton : his sons, the Ethehngs, Eanfrid, north- Oswald, Oswy, Oslac, Oswood, and Offa, expeUed by ^ME^^fH the conquerors. ©itotn assumes the government of Deira and Bernicia. The Athelings take refuge amongst the Picts. Eanfrid marries a Pictish princess, by whom he has Talorgan, afterwards King of the Picts. — ©tim in a, King of Northumbria, and Bretwalda, obtains the supremacy over the Scots, the Picts, and aU the British and Anglo-Saxon states, Kent excepted, and subdues Man and Anglesea, and the other islands of the British seas b. — Elmet conquered by him, and the British King expeUed a. by them, after subjugating or exterminating the inhabitants. (Bede, i. 34.)] a Edguin filius AM regnavit annis septemdecem, et ipse occupavit Elmet et expulit Certic, regem illius regionis. (Nen. Geneal. 117.) [Edguin, son of Alii, reigned for seventeen years, and he seized Elmet and drove out Certic, the King of that district. (Nennius, Genealogies, 117.)] b Bede has detaUed the succession of the sovereigns bearing the title of Bretwalda, in a passage adopted by most of the other chroniclers. 616 Anno ab Incarnatione Dominica, sexcentesimo decimo sexto, qui est annus vicesimus primus, ex quo Augustinus cum sociis ad pradicandum genti Anglorum missus est, Aedilberct Rex Cantuariorum post regnum temporale, quod quinquaginta et sex annis gloriosissime tenuerat, aeterna ccelestis regni gaudia subiit: qui tertius quidem in regibus gentis Anglorum cunctis Australibus eorum provinciis, qua? Humbrce fluvio et contiguis ei terminis sequestrantur a Borealibus, imperavit; sed primus omnium cceb regna conscendit. Nam primus imperium hujus- modi Aelli Rex Australium Saxonum; secundus Ccelin Rex Occidentalium Saxonum, qui lingua eorum Ceaulin vocabatur; tertius, ut diximus, Aedilberct Rex Cantuariorum; quartus Seduald Bex Orientalium Anglorum, qui etiam vivente Aedilbercto eidem suae genti ducatum pramebat, obtinuit ; quintus Aeduini Rex Nordanhymbrorum gentis, id est, ejus quae ad Borealem 566 Proofs and Illustrations Part ii. 625 Addressed by Pope Boniface as "Rex Anglorum." north- (Bede ii. 10.) UMBRIA. (EUtoin Humbras fluminis plagam inhabitat, majore potentia cunctis qui Brittaniam incolunt, Anglorum pariter et Brettonum populis pricfuit, prater Cantuariis tantum; necnon et Meuanias, Bret tonum insulas, quae inter Hiberniam et Brittaniam sitae sunt, Anglorum subjecit imperio; sextus Osuald et ipse Nordanhym- brorum Hex ( hristianissimus, hisdem finibus regnum tenuit; septimus Osuiu frater ejus, sequalibus pene terminis regnum nonnullo tempore coercens, Pictorum quoque atque Scottorum gentes, quae septentrionales Brittanim fines tenent, maxima ex parte perdomuit, ac tributarias fecit. (Beda, n. 5.) [616 In the year 616 after our Lord's Incarnation, which is the 21st year since Augustine was sent with his companions to preach to the people of the English, Mdilberct, King of Kent, after the temporal rule which he had most gloriously held for fifty-six years, experienced the eternal joys of the heavenly Kingdom. And he was the third King of the people of the English to rule over aU their Southern provinces, which are separated from the Northern provinces by the river Humber and the boundaries that abut on it, but he was the first of all to ascend to the realm of heaven. For the first to hold a sovereignty of such extent was Aelli, King of the South Saxons, the second was Ccelin, King of the West Saxons, who in their language is caUed Ceavlin, the third, as we have said, was Mdilberct, King of Kent ; the fourth was Reduald, King of the East Anglians, who, even in the life-time of Mlilberct, was winning the leadership for that same race of his; the fifth, Aeduin, King of the Northumbrian people, that is of the people that inhabit the district to the north of the river Humber, who with still greater power presided over aU those who dwell in Britain, the peoples of the English and the Britons alike, except the people of Kent only. And he also subjected to the overlordship of the English the Mcvanian islands of the Britons, which are situated between Ireland and Britain; the sixth was Oswald, the most, Christian King of the Northumbrians, who held a, kingdom with the same boundaries; the seventh, Oswiu, his brother, for sonic time controlling a kingdom within almost equal limits, succeeded to a large extent in subjugating also the peoples of the Picts and Scots, who hold the territories of tho north of Britain, and making them tributary. (Bede, ii. 5.)] With respect to Edwin's conquests over the Britons, the Proofs and Illustrations 567 626. Attacks the West Saxons, and subdues them. (See Part II. above, p. 333.) north umbria. ffiotout. expressions employed by Bede seem to imply that the whole race became subjected to his supremacy. 625 Quo tempore etiam gens Nordanhymbrorum, hoc est, ea natio Anglorum quae ad aquUonalem Humbrce fluminis plagam habitabat, cum rege suo Aeduino, verbum fidei, prsedicante Paulino, cujus supra meminimus, suscepit. Cui videlicet regi in auspicium suscipiendae fidei et regni ccelestis, potestas etiam terreni creverat imperii : ita ut, quod nemo Anglorum ante eum, omnes Brittanice fines, qua vel ipsorum vel Brettonum provinciae habitant, sub ditione acceperit. Quin et Meuanias insulas, sicut et supra docuimus, imperio subjugavit Anglorum : quarum prior, quae ad austrum est, et situ amplior, et frugum proventu atque ubertate felicior, nongentarum sexaginta famUiarum mensuram juxta sestimationem Anglorum; secunda trecentarum et ultra spatium tenet. (Beda, n. 9.) [625 At this time also the people of the Northumbrians, that is, that nation of the English which inhabits the district to the north of the river Humber, together with their King Edwin, received the word of faith, at the preaching of Paulinus, of whom we have told above. This king, as an earnest of his receiving the faith and of his inheritance in the heavenly kingdom, obtained an increase of his power and rule on earth; so that he received under his sway aU the territory of Britain, namely those provinces which the English themselves or the Britons inhabited, a thing which no King of the English before him had done. Moreover he subdued to the English rule the Mevanian islands, as we have mentioned above. The first of these islands, which is to the south and is larger in size and delights in a richer production of fruits and in greater fertiUty, according to the estimation of the English, is of the measure ment of 960 famUies ; the second of 300 or more. (Bede, ii. 9.)] At vero Aeduini, cum decem et septem annis genti Anglorum simul et Brettonum gloriosissime praeesset . . . rebellavit adversus eum Caedualla Rex Brettonum, &c. (Beda, ii. 20.) [But when Edwin had most gloriously ruled over the people of the English and the Britons for seventeen years, Caedwalla, King of the Britons, rebelled against him, etc. (Bede, ii. 20.)] Egbert was afterwards added to the number of the Bretwaldas (see above, p. 347). The later kings, who possessed the same . kind of authority as the Bretwalda, generally took the style of 568 Proofs and Illustrations Part II. northumbria. flp&toin. EANFRID. (Bernicia. ) ©stoaio. 626 633 PENDA, of the royal famUy of the Mercians, assumes the title of King, and separates Southumbria from Northumbria, to which it had been subjected. (See above, p. 479.) Oct. 12.— PENDA and Ceadwalla, King of the Britons, allied against (JButtu'n, whom they defeat at Heathfeld, in which battle he is kUled, in the eighteenth year of his reign "over the English and Britons." (Bede, ii. 20, 22; v. 24.) 033) <;:>4 ) 635 EANFRID, son of Ethel- 633 frith, and father of TA- 634 LORQAN, King of the Picts, returns from a- mongst the Sent*, and succeeds to the king doms by his hereditary right (Bede, iii. 1) — killed by CE AD WA LLA, and he having aposta tized, his reign is con sidered as merged in that of his successor. ©Sfoala, brother of EAXFRLD, defeats CEAD WALLA, and regains both kingdoms; his claim to Deira being founded upon his descent from Acha or Acca. — Obtains the dignity of Bretwalda or Emperor of Britain, and is acknowdedged as such by the four nations or tongues of Britain1 — the (Delta. OSRIC, son of Alfric, son osric, of Tffi, succeeds by hereditary right; — killed by CEADWALLA, and he having apostatized, his reign is considered as merged in that of his successor. CEADWALLA occupies York, and probably the whole of the kingdom. (Bede, iii. 1.) "BasUeus," or some other equivalent, implying imperial sove reignty. a Oswaldus, qui postea a Deo totius Britannice Imperator ordinatur. (Cummineus, Vita Columbae, c. 26.) [Oswald, who subsequently was ordained by God Emperor of the whole of Britain. (Cuimine. Life of St. Columba, c. 26.)] 635 — 642 Rex Osuald . . .omnes nationes et provincias Brit- tan-ia-, qua* in quatuor linguas, id est, Brettonum, Pictorum, Scottorum. ct Anglorum. divis.r sunt, in ditione accepit. (Beda, iii 6.) |635- -642 King Osieald received under his sway aU the nations and provinces of Britain, which are divided into four tongues, that is, the Britons, the Picts, the Scots and the English (Bede, iii. 6.)] Proofs and Illustrations 569 Angles, the Britons, the Scots, and the Picts. Part n. Reigns nine years (i.e. reckoned from the accession north- of EANFRID and OSRIC*). umbria ©stoalfr. 642 Aug. 5.— ©stoalU killed by PENDA, the heathen King of Mercia, in the battle of Maserfelih, in the ninth year of his reign. 642 ©jStaio, brother of Ogtoalh, 644 OSWIN, son of OSRIC, OSWIN. succeeds to Bernicia — obtains Deira — reigns much troubled by the nine years. Great dis- Mercians, by his son sensions between Deira Alchfrid, and by Ethel- and Bernicia. wald, or Oidilwald, son of Oswald. He obtains 651 Aug. — Retreats before the dignity of Bretwalda, ©Stoio and is killed by and subdues the greater treachery, ©gtoio sue- part of the Scots and ceeds partly to Deira. Picts* — reigns twenty- (Bede, hi. 14.) eight years. ETHELWALD, son of ethelwald. Oswald, reigns also in this country0. a Osuuald filius Eadfred regnavif novem annis : ipse est Osuuald Lamnguin1, ipse occidit Catgublaun regem Guenedotiae regionis in bello Catscaul, cum magna clade exercitus sui. (Nen. Geneal.) [Oswald the son of Eadfred reigned for nine years ; that same is Oswald Lamnguin; he slew Catgublaun, King of Guenedotia, in the battle of Catscaul, with a great slaughter of his army. (Nennius, Genealogies.)] The British epithet of "Llanigwin" may be rendered "Fair Hand." b 658 Idem autem Rex Osuiu, tribus annis post occisionem Pendan Regis, Merciorum genti necnon et caeteris australium provinciarum populis praefuit, qui etiam gentem Pictorum maxima ex parte regno Anglorum subjecit. (Beda, iii. 24.) [658 Moreover this same King Oswiu, for three years after the lulling of King Penda, reigned over the people of the Mercians and the other peoples of the southern provinces, and he also to a large extent succeeded in subjugating the people of the Picts to the English Kingdom. (Bede, iii. 24.)] c He founded "Lasstingaeu." If, as has been supposed, this monastery was situated at Lastingham in Cleveland, the kingdom of Ethelwald may have comprehended the modern Yorkshire. (Bede, iii. 23.) 570 Proofs and Illustrations Part ii. 655 (iftstoU), in the thirteenth year of his reign, defeats NORTH- PENDA, and obtains the direct dominion of UMBRIA. 7 7 1 -r^ ^9toio Mercia, and also the supremacy of Deira. (Bede, iii. 24.) Kingdom of South Mercia granted by him to PEADA, son of PENDA, and Ealdorman of the Middle Angles. (See above, p. 480.) 656 Mercian Duces rebel against d5stoio, and raise WULF HERE, son of PENDA, to the government. (See above, p. 480.) 657 (TOstolO joins with ECGBERT, King of Kent, in sending Wigheard to Rome, to be consecrated as Archbishop of Canterbury*. ©Stoio addressed by Pope Vitalian as " Rex Saxonum." (Bede, iii. 29.) a The foUowing passage of Bede is remarkable on many accounts. His temporibus, Reges Anglorum nobilissimi, Osuiu provincial Nordanhymbrorum, et Ecgberct Cantuariorum, habito inter se consilio, quid de statu Ecclesiae Anglorum esset agendum, in- teUexerat enim veraciter Osuiu quamvis educatus a Scottis, quia Romana esset cathohca et apostohca ecclesia, adsumpserunt, cum electione et consensu sanctae ecclesia? gentis Anglorum, virum bonum, et aptum episcopate, presbyterum nomine Uig- hardum, de clero Deusdedil episcopi, et hunc antistitem ordinan- dum Romam miserunt : quatenus accepto ipse gradu archiepisco- patus, catholicos per omnem Brittaniam ecclesiis Anglorum ordinare posset antistites. (Beda, ui. 29.) [At this time the most noble Kings of the English, Oswiu of the province of the Northumbrians, and Ecgberct of Kent, took counsel together as to what action should be taken regarding the state of the Church of the English. For Oswiu, although educated by the Scots, had rightly understood that the Roman was the catholic and apostolic church. And so, with the election ancl consent of the holy church of the race of the English, they chose a good man and one fitted for the bishopric, a priest, by name Wigheard, from among the clergy of l.ishop Deusd-edit and sent him to Rome to be ordained bishop ; so that he after having received the status of arch bishop, might be able to ordain catholic prelates throughout all Britain in the churches of the English. (Bede, iii. 29.)] Proofs and Illustrations 571 669 About this time the Archbishopric of York, which Part n. included the Pictish provinces, was co-extensive north- with ©stoto's empire*. umbria. ©sitoio. 671 Death of ©stoto. 671 ECGFRID, son of ©Stoto, succeeds6. The Picts ecofrid. attempt to throw off the supremacy of ECGFRID, but they are defeated with great slaughter0. 0 Uilfrido administrante episcopatum Eboracensis ecclesiae, necnon et omnium Nordanhymbrorum, sed et Pictorum, quousque Rex Osuiu imperium protendere poterat. (Beda, iv. 3.) [While Wilfrid was administering the bishopric of the Church of York and also not only of aU the Northumbrians, but also of the Picts, as far as King Oswiu had been able to extend his Kingdom. (Bede, iv. 3.)] " Vita S. WUfridi, p. 60. c 670 In primis annis Ecgfridi Regis Deirorum et Bernici- orurn, tenero adhuc regno, populi bestiales Pictorum feroci animo subjectionem Saxonum despiciebant, et jugum servitutis a se abjicere minabantur Quo audito Rex Ecgfridus statim equitate exercito preparato .... contra enormem et supra in- visibilem hostem cum Bernhaeth audaci subregulo invasit, stragemque immensam populi subruit et in servitutem redacti populi usque ad diem occisionis Regis subjecti jugo captivitatis jacebant. (Eddius, Vita Wilfridi, c. 19.) [670 In the early years of Ecgfrid, King of the people of Deira and Bernicia, whUe his rule was stiU young, the bestial peoples of the Picts, fierce in disposition, began to despise their subjection to the Saxons and threatened to cast off the yoke of servitude from themselves But when King Ecgfrid heard this... he immediately got ready well-trained horsemen and marched against an enormous host, stretching farther than the eye could reach1, in company with Beornhceth, his bold vassal- king, and overthrew them with a great slaughter of the people ...and the Picts, brought back to servitude, lay under the yoke of captivity untU the day the King was slain. (xEddi, Life of St. Wilfrid, c. 19.)] Nee minus Rex Ecgfridus suo deerat officio, regnum dUatando in Pictos, tuendo in Mercios. Picti enim, defuncto Rege Oswio, parvi facientes teneram infantiam reguli, proruunt ultro et conspirant in Northanhimbros; quibus cum subregulo Bernego regius juvenis occurrens, ita paucis suis mUitibus innumera- bilem Pictorum delevit exercitum, ut campi cadaveribus constrati 572 Proofs and Illustrations Part II. NORTH UMBRIA. ECGFRID. 678 About this time Lindesey conquered by ECGFRID from WULFHERE— Wilfrid expeUed, and his diocese divided amongst two Bishops, the Pastors of the Northumbrians, Bosa of Deira, or York, and Eata of Bernicia, whose seat was at Hexham, or at Lindisf ante. Eadhard was also appointed Bishop of Lindisse, his seat being fixed at Sidnacestre. (Bede iv. 12.) About this time ALFWIN, brother of ECGFRID, reigned in some part of Northumbria. (179 War with Mercia continued. 680 Synod at Hcethfield, in the tenth year of the reign of ECGFRID. 681 Trumwin ordained Bishop of the Pictish provinces, then subject to the <£ngltsfj. 684 ECGFRID sends an army to Ireland, under the command of his Ealdorman Berht, who ravages the country. 685 About this time ECGFRID conquers several portions of territory from the Britons of Cumbria — various lands near the Ribble are particularly mentioned* planitiem amitterent, flumina cursu intercepto subsisterent. (WUl. Malm, de Gestis Pontificum, lib. in.) [Nor was King Ecgfrid less careful of his duty in extending his rule against the Picts, and in guarding against the Mercians. The Picts after the death of King Oswiu, treating the tender years of the httle King with contempt, revolt, and conspire against the Northumbrians ; but the young prince, going to meet them with his under-king Beornhceth, with his few soldiers so destroyed the countless army of the Picts that the plains were strewn with corpses and lost their level surface, whUe the rivers stood still, arrested in their course. (WiUiam of Malmesbury. Acts of the Bishops, bk. iii.)] ¦l Upon the dedication of the "Basilica" of Ripon, some of these conquests — "juxta Rippel, et in Gaedine et in regione Dunilinga et, in Caetlevuiu" [near Rippil and in Gaedine and in the district of the Dunitings and in Caetlevum] — were granted to St. Wilfrid by Kcgfrid and /El wine. The British clergy fled before tho victors, and abandoned their churches to the Anghan priesthood. Wilfrid, in his address to the kings and people, Proofs and Illustrations 573 — Cartmel, "with the Britons thereupon," is part ii. granted by him to the see of Lindisf ame*-. — north- Carlisle, and a territory of fifteen miles in circuit, U BRLA- J ECGFRID. granted in Uke manner by him in the synod held at Twyforth*. (Bede, iv. 28.) 685 May 20. — ECGFRID invades the Pictish territory, then governed by BRUDEI — kiUed in battle at Nechtansmere (Dunnichen). The Picts appear to have regained a part of their territory, and to have expelled the English as weU as the Scots; and the Britons of Strath Clyde became more independent, until they again yielded to the power of the Anglo-Saxon kings. (Bede, iv. 26. Sim. Dunelm. App. Nenn. 116.) 685 ALDFRID, or EALDFERTH, son of ©stoto, andALDFRm. brother of ECGFRID, succeeds to the kingdom (Bede, ut supra), though within narrower hmits than it had been held by his predecessors — reigns nineteen years. (Bede, v. 1.) 699 The Ealdorman BERHT slain by the Picts. (Sax. Chron. Ann. Ult.) 705 ALDFRID dies in the twentieth year of his reign. OSRED, his son, succeeds — reigns eleven years, osred. (Bede, v. 18.) 710 BERTHFRITH, an Ealdorman of Northumbria, defeats the Picts, who seem to have been tbe numerated the "loca sancta in diversis regionibus qua? clerus Brittonum, aciem gladii hostUis manu gentis nostrse fugiens, deseruit." (Vita Wilfridi, p. 60.) [The holy places in various districts which the clergy of the Britons deserted, in flight from the edge of the hostUe sword in the hands of our people. (Life of Wilfrid, p. 60.)) * Dedit Sancto Cuthberto Rex Egfridus terram, qua? vocatur Cartmel et omnes Britanni cum ea. (Sim. Dunelm. Hist. S. Cuthberti, p. 79.) [King Egfrid gave to St. Cuthbert the land which is called Cartmel and aU the Britons thereupon. (Simeon of Durham, History of St. Cuthbert, p. 79.)] b Sim. Dunelm., Hist. Dunelm. p. 5, and the original charter in Smith's Bede, p. 782. 574 Proofs and Illustrations Part II. NORTHUMBRIA. OSRED. COBNRED. OSRIC. 718 CEOLWULF. 729 invaders. (Flor. Wigorn. Sax. Chron. Ann. Ult.) OFFERUS, called "Consul Northanhymbrorum," also stated to have gained a victory over the same enemy. (Matt. West.) 716 OSRED slain in battle. COENRED, son of CUTHWIN, succeeds (Bede, v. 22) — reigns two years. OSRIC, succeeds (Bede, v. 22) — reigns eleven years. May 9. — Death of OSRIC, having nominated CEOL WULF, brother a of COENRED, as his successor. (Bede, v. 23.) 737 CEOLWULF resigns the crown in favour of EAD BERT, son of Eata, his "patruus." (Sim. Dunelm. de Gestis. Hist. Dunelm. n. 3.) eadbert. EADBERT succeeds accordingly — subdues aU the neighbouring kings, Angles, Picts, Britons, and Scots. Pepin, King of the Franks, seeks his friendship — reigns twenty-one years'5. a His nephew, according to the Saxon Chronicle. b Verum intermissa paululum de episcopis narratione, de ipso rege Eadberto breviter aliquid dicendum videtur congruum. Patrui, ut dictum est, Ceolvulfi regis, vocabulo Eata, films erat, qui suscepto regno efficacem se valde ac strenuum ad tenendum regendumque imperium exhibebat. Omnibus itaque adversariis, vel sibi subjectis, vel beUo prostratis, reges circumquaque morantes Anglorum, Pictorum, Britonum, Scottorum. non solum cum eo pacem servabant, sed et honorem UU deferre gaudebant. Cujus exceUentise fama, ac operum virtutis longe lateque diffusa, etiam ad regem Francioe Pipinuin pervenit, propter quod ei amicitia junctus, multa ei ac diversa dona regalia transmisit. (Sim. Dunelm. Hist. Dunelm. ii. 3.) [Intermitting for a short whUe our narrative of the bishops, it seems fitting to make a short statement about King Eadbert himself. As has been said, he was the son of King Ceolwulf's uncle, whose inline was Eata, and he, after ascending the throne, shewed himself thoroughly capable and strong to hold and direct the government. After having therefore made aU his enemies cither subject to hiin or having subdued them in war, the neighbouring Kings of the English, Picts, Britons and Scots not only preserved peace with him. but were also Proofs and Illustrations 575 756 EADBERT in aUiance with UNNUST, King of the Part ii. Picts, takes the town of Alcluid. north umbria. 758 EADBERT resigns his crown. eadbert. 758 OSWULF, son of EADBERT, succeeds by the oswulf. nomination of bis father. 759 July 24.— OSWULF kiUed at Michel Wongtune. (Sim. Dunelm. de Gestis.) 759 Aug. 5.— ETHELWALD, surnamed Moll (of uncertain ethelwald- descent) succeeds — reigns six years. (Sim. Dunelm. de Gestis. Hist. Dunelm. iii. 4.) 761 Aug. 6.— ETHELWALD defeats OSWIN, a Dux of Northumbria, in the great battle of Eldune, near Melrose. (Sim. Dunelm. de Gestis.) 762 ETHELWALD married to Eiheldritha. 765 Oct. 30.— ETHELWALD "loses the Kingdom of the Northumbrians" at Winchenhale. (Sim. Dunelm. de Gestis, 106.) 765 ALCHRED, said to be of the race of Ida, succeeds a. alchred. 768 ALCHRED married to Osgearna. (Sim. Dunelm. de Gestis.) 772 Death of the Dux PIOTEL. (Sim. Dunelm. de Gestis.) 774 Death of the Dux EADWULF. (Sim. Dunelm. de Gestis.) delighted to do him honour. The fame of his exceUence and of his good works was spread far and wide and reached even Pepin, King of France. On this account he became united with him in friendship and sent him many and divers royal gifts. (Simeon of Durham, History of Durham, ii. 3.)] a Alhredus filius Eanwini, qui fuit Birnhom, qui fuit Bosce, qui fuit Bleocmanni, qui fuit Ailric, qui fuit Idee (Flor. Wigorn.) [Alchred, the son of Eanwine, the son of Birnhom, the son of Bosa, the son of Bleocman, the son of Ailric, the son of Ida (Florence of Worcester)] ; but by some his genealogy was con sidered dubious — Alcred prosapia Regis Ince exortus, ut quidam dicunt. (Sim. Dunelm.) [Alcred, as some declare, descended from the line of King Ina. (Simeon of Durham, History of the Kings, p. 106.)] 576 Proofs and Illustrations Part II. NORTH UMBRIA. (A I oh red banished.) ETHELRED or ETHELBERT. (Ethelred deposed.) (Otred deposed.) 790 ETHELREDrestored. 774 ALCHRED, banished or expeUed, takes refuge, first in Bamborough, afterwards with KENNETH, or CYNNETH, King of the Picts. (Sim. Dunelm. de Gestis.) ETHELRED, also caUed ETHELBERT, son of ETHELWALD, succeeds to the kingdom — reigns four (Sax. Chron.) or five years. (Sim. Dunelm. de Gestis. Mailros.) 778 Sept. 29.— ALDWULF, CYNWULF, and ECGA, aU bearing the title of Duces, Principes, or "Heah- gerefasu," slain in a civU war. (Sim. Dunelm.) 779 Ethelred expeUed and banished. (Sim. Dunelm.) 779 ELFWALD, son of Oswulf, succeeds to the kingdom of Northumbria. (Sim. Dunelm. Hist. Dunelm. u. 4.) 780 Civil wars continued. Beorn, an Ealdorman or "Patricius," burnt by the Duces or Ealdormen OSBALD and ATHELHEARD. (Sim. Dunelm. de Gestis.) 788 Sept. 21.— ELFWALD killed by his Ealdorman, Dux, or "Patricius," SIG A, who appears to have been at the head of 'a conspiracy against him. (Sim. Dunelm. de Gestis.) OSRED, son of ALCHRED, succeeds. (Hist. Dunelm. u. 4.) OSRED deposed by a conspiracy or confederation of his "principes," — shorn as a Monk, and afterwards compeUed to take refuge in the Isle of Man. (Hist. Dunelm. U. 4. Sim. Dunelm. de Gestis.) 790 ETHELRED recaUed. 791 Attempt made upon the life of the Comes EARDULF" a Sax. Chron. These dissensions are stated so obscurely, that it cannot be ascertained with certainty, whether the parties slain were the Kind's friends or the King's enemies. » The name of "Eardulf," without any addition, appears upon tho reverse of many of the coins of Ethelred (Ruding, p. 10). Perhaps these coins were struck in his territory. Ruding, with out, any sullicicnt reason, attributes all the coins bearing the name of Ethelred to the son of Earned. Proofs and Illustrations 577 (afterwards King of Northumbria) by the command part II. of ETHELRED. (Sim. Dunelm. de Gestis.) M/north- and Elf wine, sons of Elfwald, slain by the commands UMBRIA- of ETHELRED a. ethelred. 792 Osred returns from the Isle of Man, trusting in the oaths and engagements of certain of his "MUites," but they abandon him, and he is kiUed (Sept. 14th) by ETHELRED's orders. Sept. 29.— ETHELRED married to Elfleda, daughter of King OFFA. 793 Lindisfarne, &c. ravaged by the Danes. 796 Apr. 18.— ETHELRED kUled. 796 OSBALD, "Dux et Patricius," nominated or elected osbald. by a party amongst the Principes b, but expeUed after reigning twenty-seven days — takes refuge amongst the Picts. 796 May 26. — EARDULF, recaUed from exile, succeeds eardulf. —reigns ten years — consecrated at York. (Sim. Dunelm. 114.) 798 Ealdorman Wada, at the head of the party which had slain Ethelred, declares war against EARDULF. a Fnii Elfwoldi Regis ab Eboraca civitate vi abstracti, et de ecclesia principah per promissa faUacia} abducti, miserabiliter suntperempti ab Eihelredo rege in Wonwaldremere, quorum nomina Mfet Mlfwine fuere. (Sim. Dunelm. de Gestis.) [The sons of King Alfwold, having been taken by force from the city of York, and drawn from the principal church by false promises, were miserably put to death by King Ethelred at Windermere. Their names were Mlf and Mlfwine. (Simeon of Durham, History of the Kings.)] b ...a quibusdam ipsius gentis principibus in regnum est constitutes, et post septem et viginti diebus omni Regis famUiai ac principum est societate destitutes, fugatusque et de regno expulsus. (Sim. Dunelm. de Gestis, p. 113,) [...he was raised to the throne by certain princes of that people, and twenty-seven days later was forsaken by the Royal famUy and the princes, and was put to flight and banished from the kingdom. (Simeon of Durham, History of the Kings, p. 113.)] p. vn. 37 578 Proofs and Illustrations Part II. NORTH UMBRIA. EARDULF. Battle of Billingahoth, near Whalley3-, in which WADA is defeated. (April 2.) 799 OSBALD, who had become an abbot, diesb. Ealdorman ALDRED, the slayer of ETHELRED, killed by Ealdorman THORTMUND, who revenges the fate of his lord. 799 Ealdorman MOLL kiUed by the command of EARDULF. 800 Alchmund, son of ALCHRED, apprehended and kiUed by command of EARDULF. 801 Death of EDWIN, otherwise EDA, wlnlom a Duke a Anno 798. Conjuratione facta ab interfectoribus Ethelredi Regis, Wada Dux in Ula conjuratione cum eis beUum inierunt contra Eardwlfum Regem in loco qui appeUatur ab Anglis Billin gahoth, juxta Walalege, et ex utraque parte plurimis interiectis, Wada Dux cum suis in fugam versus est, et Eardwlfus Rex victoriam regahter sumpsit ex inimicis. (Sim. Dunelm. de Gestis, p. 114.) [In the year 798. A plot having been formed by the assassins of King Ethelred, Duke Wada, who was with them in that plot, made war with them against King Eardumlf, in a place which is caUed by the English, Billinghow, near Whalley. After many men on both sides had been kiUed, Duke Wada with his men was put to flight and King Eardumlf royaUy gained the victory over his enemies. (Simeon of Durham, History of the Kings, p. 114.)] Since it was necessary to state the English name of Billinghoth, it is probable that it also yet retained a British name amongst the Britons. » 799. Ipso quoque tempore Osbald, quondam dux et patricius, et ad tempus rex, tunc vero abbas, diem suscepit ultimum, cujus corpus in ecclesia Eboracce civitatis sepultum est. Aldred vero dux, interfector Ethcldredi regis, a ThorUmundo duce, in ultionem domini sui ejusdem regis, interfectus est. (Sim. Dunelm. de Gestis, p. 116.) [799. At that time also Osbald, once duke and ealdorman, and for a time king, at that time however an abbot, reached his last, day and his body was buried in the cathedral in the city of York. Duke Aldred also, the assassin of King Ethelred, was slain by duke Torhtmund in revenge for the death of his lord the King. (Simeon of Durham, History of the Kings, p. 116.)] Proofs and Illustrations 579 or Ealdorman of the Northumbrians, afterwards an Part ii. abbot. NORTHUMBRIA. 801 EARDULF declares war against COENWULF, King eardulf. of the Mercians, in consequence of the latter having harboured his enemies. 806 Eardulf banished a. (Eardulf banished.) — ALFWOLD succeeds— reigns two years. alfwold-. 808 EARDULF supported by Charlemagne, perhaps eardulf. restored by him. (Annales Einhardi.) 809 EANRED, son of EARDULF, succeeds. ^nred. 829 EANRED and the Northumbrians submit to ffigfjert. (See above, p. 350.) — ETHELRED, son of EANRED, succeeds. ethelred. 844 Ethelred expeUed. REDWULF usurps the kingdom b, fR*«'™«[ but he and the Consul ALFRED (probably sharer redwulf. in the government) are defeated and slain by the Danes, at " Alvethesleie," and ETHELRED regains ethelred .... , restored. his kingdom0. 848 849 OSBERT succeeds on the death of ETHELRED. 867 Civil wars. ELLA, said to be an usurper, and not of ella. OSBERT the royal family, obtains part of Northumbrian. " Unde diu sine Rege fuerunt. (Chron. de Burgo.) [Wherefore they were for a long time without a King. (Chronicle of John, Abbot of Peterborough.)] 6 Coins struck by "Redwulf Rex," during his short reign, are still preserved. (Ruding, pi. 11.) 8 Flor. Hist. a Northanhymbri legitimum Regem suum, Osbryht nomine, regno expulerunt, et tyrannum quendam, Mlla nomine, non de regali prosapia progenitum, super regni apicem constituerunt. (Asser, p. 18.) [The Northumbrians expeUed from the throne their legitimate King, by name Osbryht, and set up over the kingdom a certain tyrant, by name Mlla, who was not descended from the royal line. (Asser, Life of Alfred, p. 18.)] Eodem tempore maxima inter Northanhymbrorum populos discordia erat suceensa, His diebus Northanhymbrorum gens, legitimum suse gentis Regem, Osbryht vocitatum onomate, 37—2 580 Proofs and Illustrations Part II. NORTH UMBRIA. ELLA. OSBERT. EGBERT I. Northumbria attacked by the Danes, who invaded Britain under the command of Halfdene, Ingwar, Hubba (the sons of Ragnar Lodbrok, Suhm. II. 251), Bacgsegg, Guthrun, Oscytel, Amund, and Sidroc^. The two kings, the "legitimate monarch" and the "tyrant," make peace with each other, and divide the kingdom b. 867 Nov. 1. Danes take York. 868 March 21. OSBERT and ELLA attempt to recover the city, but are killed in the conflict. North umbrians enter into a treaty with the Danes, by whom EGBERT is created King of Northumbria (i.e. Bernicia) to the north of the Tyne — reigns six years c. 869 Danes re-occupy York. de regno hostUiter expulerunt, et tyrannum quendam, nomine Alia, super apicem regni constituerunt. Yenientibus super regnum Paganis, consUio Divino et optimatum adminiculo discordia Ula sedate est. (Sim. Dunelm. de Gestis, p. 123.) [At the same time a very great discord was kindled among the peoples of the Northumbrians... .In those days the people of the Northumbrians, rising against him, expeUed from the kingdom the legitimate King of their people, by name Osbryht, and set up over the kingdom a certain tyrant, by name Mlla. But when the Pagans attacked the kingdom, by the counsel of God and the aid of the optimates this discord was calmed. (Simeon of Durham, History of the Kings, p. 123.)] This is a remarkable passage. It has every appearance of being transcribed , verbatim, from a very ancient, perhaps coeval, writer. a WaUingford represents Ingicar and Hubba as the leaders, and says that they ravaged the whole country, from East Anglia to the Scottish sea. (p. 533.) b On sonic of Osbert's coins the title of "Rex" is omitted. » Praedicti Pagani sub suo dominio Regem Ecgbertum pr»- fecerunt. Ecgbertus vero regnavit post haec super Norihumbros ultra Tine sex annis. (Sim. Dunelm. p. 142.) [The above-mentioned Pagans appointed Ecgbert King under their lordship. Ecgbert indeed reigned thereafter over the North umbrians beyond the Tyne for six years. (Simeon of Durham, History of the Kings, p. 142.)] Proofs and Illustrations 581 872) EGBERT expeUed by the Northumbrians — restored Part ii. 873) —dies. (Sim. Dunelm. de Gestis, p. 145.) umbria RlCSIG succeeds to Northumbria beyond the Tyne, egbert i. or Bernicia — reigns three years. 875 Danes under Halfdane winter on the banks of the Tyne, subdue the country, and plunder the Picts and Britons of Strath Clyde. 876 Death of RICSIG. Another ECGBERT succeeds, and reigns beyond the egbert ii. Tyne, or in Bernicia. HALFDANE settles in Northumbria, and divides the kingdom amongst his foUowers a. 883 Danes in Northumbria without a leader, in consequence of the death of Halfdane. 883 GUTHRED, said to be the son of Hardacnut (the guthred. thirty-eighth King of Lethra — Suhm. II. 25), but then a thrall, having been sold into slavery by the sons of Ragnar Lodbrok, redeemed from servitude — acknowledged as King by the Danes and Enghsh. Reigns in York [Deira], whUst ECGBERT is acknow ledged as King of the Northumbrians b [in Bernicia], both under the supremacy of ALFRED. Territory between Tyne and Tees given to St. Cuth bert0. a ...totam regionem sibimet et suis divisit, et Ulam cum suo exercitu coluit. (Asser.) [. . .divided up the whole district between himself and his men, and tilled it with his army. (Asser, Life of Alfred.)] b It seems about this period, Bernicia began to assume the name of Northumbria, as distinguished from Deira. " Tunc Sanctus Cuthbertus Abbati Eadredo assistens per visionem praecepit, ut Episcopo et omni exercitui Anglorum atque Danorum diceret, quatinus Guthredum filium Hardecnuti, quem Dani vendiderant in servum cuidam vidu* apud Hwitinga- ham, dato prsecio, redimerent, et redemptum sibi in regem levarent: regnavitque super Eboracum: Egbert vero super Northimbros. Quod factum est tredecimo anno regni Elfridi Regis. . . 582 Proofs and Illustrations Part II. 893 NORTH UMBRIA. 894 QUTHRED. Death of GUTHRED, after a prosperous reign (Hist. Dunelm. ii. 14.) ALFRED assumes the govern- Tunc et legem pacis quam ipse Sanctus Cuihbertus per prse- dictum abbatem mandaverat ; ut scUicet, quicunque ad corpus Ulius confugerit, pacem a nullo infringendam per xxxvii dies habeat, tam Rex Gulhredus, quam Rex Alfredus, perpetuo con- . servandam confirmarunt. Quam si quisquam quoquo modo violaverit, sicut pacem regis fractam, nonaginta sex libris mul- tandum censuerunt. Ad hoc in augmentum prioris episcopates, totam inter Tyne et Teisam praefati duo reges, omnium consensu Sancto Culhberlo terram perpetuo possidendam addiderunt. Quicunque autem hac statuta quocumque ingenio infringere temptaverit, hunc infernahbus pcenis tradendum perpetuo anathemate dampnarunt. Jam enim multo ante defecerat episcopates Hagustaldensis ecclesiae. (Sim. Dunelm. de Gestis, pp. 147, 148.) [At that time Saint Cuthbert, appearing to tbe Abbot Eadred in a vision, bade him tell the Bishop and aU the army of the English and the Danes to redeem by a ransom Guthred, the son of Hardecanute, whom the Danes had sold as a slave to a certain widow at Whittingham, and that after redeeming him they should raise him to the throne. And he reigned over York ; and Ecgbert reigned over the Northumbrians. And this was done in the thirteenth year of King Alfred. . . . At that time both King Guthred and King Alfred established to be preserved for ever the right of sanctuary which Saint Cuthbert himself had enjoined by means of the aforesaid Abbot, namely that whosoever should take refuge by his body, should have sanctuary, to be infringed by no one, for thirty-seven days. And if anyone should violate this privilege in any way they decreed that he should be fined • in the sum of ninety-six pounds, as though he had violated the King's peace. Moreover in augmentation of the former bishopric the two Kings before mentioned, with universal consent, gave in addition to Saint Cuthbert, the whole land between the Tyne and the Tees, to be held as a perpetual possession. Moreover whosoever should attempt, by any device whatsoever, to infringe these statutes, they condemned him, with perpetual anathema, to be handed over to the torments of hell. For the bishopric of the church of Hexham had long before ceased to exist. (Simeon ot Durham, History of the Kings, pp. 147, 148.)] In Simeon's History of Durham (ii. 13), where the vision is Proofs and Illustrations 583 ment of Northumbria3', and the Pagans of North- Part ii. umbria, probably under EOHRIC or ERIC, submit north- 7. UMBRIA. to him. ERIC 901 Death of fUftetl, King of Wessex, and supreme Lord of Northumbria. ETHELWALD, the AtheUng of Wessex, opposes the ethelwald. accession of EDWARD, the son of Alfred— accepted as King by the Danes of Northumbria11, who had united into one people with the Enghsh. — Osbert expeUed from the kingdom c. 902 Brehtsig kiUedc. given in greater detaU, the territory given to St. Cuthbert is said to be the land between Tyne and Wear. The larger boundary, however, is the more consistent with the state of the possessions of the see. The history of this period is extremely obscure, and woidd require more trouble to elucidate it than I can now bestow. a According to the first narrative of Sim. Dunelm. (p. 134) the Northumbrians swore fidelity to him against the Pagans who had returned; according to the second (p. 151), the Pagans do fealty. The East Anghan Danes joined in this submission. b The Saxon Chronicle says, "hi hine underfengon him to cynge, and him to bugon " [they received him for their king and submitted to him]. Florence and Huntingdon describe his proceedings with more particularity. " Northumbriam petit, Danos exposuit, ut non tam ducem se quam commUitonem recipiant, unumque ex collegio suo esse veUnt: quem in regia mox illi dignitate praeficiunt sibi." (Flor. Wigom. ad an.) [He went to Northumbria and begged the Danes to receive him not so much as their leader as their feUow-soldier, and to be' willing that he should form one of their company : shortly afterwards they set him over themselves as a king. (Florence of Worcester.)] "Ivit ad exercitum qui erat in Northymbria. Illi vero nobUitati juvenis congaudentes, constituerunt eum Regem et Ducem super Duces suos." (Hen. Hunt.) [He went to the army which was in Northumbria. And they remarking with joy the nobUity of the young man, appointed him King and Duke over their envn Dukes. (Henry of Huntingdon.)] 0 Probably two Northumbrian Ealdormen or Subreguli, but no further account is given of them. 584 Proofs and Illustrations Part II. NORTH UMBRIA. ETHELWALD. REGNALD.NIEL. SIHTRIC. ETHELWALD excites the Danes to invade Mercia. He and ERIC are both kUled in battle. 912 REGNALD, the son of Ivor, lands in Northumbria — takes the city of York — divides great part of the patrimony of St. Cuthbert between Scula and the "Holda," Olave*.1 a Of this transaction Simeon of Durham has preserved two narratives : Hiis diebus Elfred filius Biritulfinci fugiens pirates venit ultra montes versus occidentem, et quaesivit misericordiam Sancti Cuthberti, et Episcopi Cutheardi, ut prmstarent sibi ahquas terras. Tunc Episcopus Cutheardus pro charitate Dei, et amore Sancti Cuthberti, prcestitil Uli has villa«, Esingtun, Seletun, Thorep, Horedene, Iodene, duas Scotun, Iodene australem, Holum, Hotun, Twinlingtun, Billingham, cum suis appendiciis, Scurufatun. Has omnes villas, sicut dixi, praestitit Episcopus Elfredo, ut sibi et congregationi fidelis esset, et de his plenum servitium redderet. Quod et fideliter fecit, donee Regenwaldus Rex venit cum magna multitudine navium, et occupavit terram Aldredi filu Eadulfi, qui erat dUectus regi Eadicardo, sicut et pater suus Eadulfus dilectus fuit regi Elfredo. Fugatus igitur Eldredus in Scotiam ivit, Constantini regis auxilium quaesivit, Ulum contra Regen- waldum regem apud Corebrige in praeUum adduxit. In quo praebo, nescio quo peccato agente, paganus rex vincit, Constan tinum fugavit, Scottos fudit, Elfredum Sancti Cuthberti fidelem, et omnes meliores Anglos interfecit, praeter Ealdredum, et fratrem ejus Uhtred. Quibus fugatis et tota terra superata, divisit villas Sancti Cuthberti, et alteram partem versus austrum dedit cuidam potenti mUiti suo qui vocabatur Scula, a villa quae vocatur Iodene, usque ad Billingham. Alteram vero partem dedit cuidam qui vocabatur Onalafball a Iodene usque ad fluvium Weorram. Et hic filius diaboli inimicus fuit, quibuscunque modis potuit, Deo et Sancto Cuthbert o. Quadam itaque die, cum plenus immundo spiritu cum furore intrasset ecclesiam sancti confessoris, astante Episcopo Cutheardo et tota congregatione : Quid, inquit, in me potest homo iste mortuus Cuthbertus, cujus in me quotidie minae opponuntur ? Juro per Deos meos potentes, Thor et Othan, quod ab hac hora inimicissimus ero omnibus vobis. Cumque episcopus ct tota congregatio genua flecterent ante Deum et Sanctum Cuih- bertum, ct, harum minarum vindictam, sicut scriptum est, mihi vindicta cl ego rctribuam, ab eis expeterent: conversus Ule filius diaboli cum magna superbia et indignatione voluit egredi. Sed Proofs and Illustrations 585 cum alterum pedem posuisset jam extra limen, sensit quasi Part II. ferrum in altero pede sibi altius infixum. Quo dolore diabolicum NORTH- ~ , ., x • • UMBRIA. cor ejus transfigente, corruit, suamque peccatricem animam Diabolus in internum trusit. Sanctus vero Cuihbertus, sicut justum erat, terram suam recepit. (Historia Sancti Cuthberti, pp. 73, 74.) [In those days, Alfred, son of Beorhtwulfing, flying from the pirates came across the mountains to the west and asked for the pity of Saint Cuthbert and Bishop Cutheard, to lease him some lands. Then Bishop Cutheard, for the charity of God and the love of Saint Cuthbert, leased him these towns : — Easington, Monk Hesleden, Thorp, Harden, Little Eden, Seaton, Castle Eden, Holum, Hutton, Willington, Billingham with aU its appendages, and Sheraton. As I have said, the Bishop leased all these towns to Alfred, on condition of fidelity to him and his congregation and of rendering fuU service for them. And this he faithfuUy fulfiUed until King Regenwald came with a great multitude of ships and seized the land of Ealdred, the son of Eadwulf, who was a favourite of King Eadward, just as also his father Eadwulf had been a favourite of King Alfred. Ealdred therefore, when put to flight, went to Scotland and sought help from Constantine the King, and brought him to fight against King Regenwald at Corbridge. And in this battle, as a consequence of some misdeed or other, the Pagan King conquered and put Constantine to flight, scattering the Scots and slaying Alfred, St. Cuihberfs man, and aU the best of the English, except Ealdred and his brother Uhtred. And when they had been put to flight and the whole country over come, he divided up the viUs of Saint Cuthbert and gave one part towards the south to one of his powerful knights, who was called Scula, from the town which is caUed Little Eden as far as Billingham. The other part he gave to one named Onalafball, from Little Eden as far as the river Wear. And this child of the Devil was opposed in every way he possibly could devise to God and Saint Cuthbert. And so on a certain day, when filled with an unclean spirit he had furiously entered the cathedral of the holy confessor, while Bishop Cutheard and the whole congregation stood by, he said, "What power has this dead Cuthbert of yours against me, whose threats are daUy hurled at me ? I swear by my powerful Gods, by Thor and Woden, that from this hour I wiU be the deadliest enemy of you aU." And when the Bishop and the whole congregation bent their knees before God and Saint Cuthbert, and sought 586 Proofs and Illustrations Part II. NORTH UMBRIA. ETHELWALD. from them the punishment of these threats, as it is written "Vengeance is mine and I wUl repay," this child of the Devil turning about with great arrogance and indignation wished to go forth. But when he had placed one of his feet outside the threshold, he felt as it were a naU driven deep into his other foot. And the pain of this shooting through his diabolical heart, he collapsed and the DevU thrust his sinful soul into hell. And Saint Cuthbert, as was just, recovered his land. (History of Saint Cuthbert, pp. 73, 74.)] Occupavit quoque totam mox terram Sancti Cuthberti, villasrjue ipsius duobus suis mUitibus, quorum unus Scula, alter Onalafbald appellabatur, distribuit. Horum Sada, a viUa quae vocatur Iodene usque Billingham sortitus dominium, miseros indigenas gravibus tributis et intolerabUibus afllixit. Unde usque hodie Eboracenses, quoties tributum regale solvere coguntur, ei parti terrae Sancti Cuthberti, quam Scula possederat, in leva- mentum sui mulctam pecuniae imponere nituntur. Scilicet legem deputant, quod paganus per tirannidem fecerat, qui non legitimo regi Anglorum, sed barbaro et alienigenae, et regis Anglorum hosti mUitabat. Nee tamen quamvis multum in hoc laboraverint, pravam consuetudinem hue usque, Sancto Cuthberto resistente, introducere potuerunt. Aham vero partem viUarum Onalafbald occupavit, qui multo quam socius ejus immaniorem et crudehorem se in sui perniciem omnibus exhibebat. (Hist. Dunelm. ii. 16.) [He also seized soon after the whole land of Saint Cuthbert and divided its vills between two of his knights, one of whom was called Scula, the other Onalafbald. And of these Scula, having obtained the lordship from the town which is called Little Eden as far as Billingham, afflicted the poor inhabitants with grievous and intolerable tributes. Wherefore even unto this day as often as the people of Yorkshire are constrained to pay royal tribute, they strive to impose a payment of money on that part of the land of Saint Cuthbert which Scula had possessed, to relieve their own burden. In fact they hold to be lawful the tyrannical act of a pagan who served not the legitimate king of the English but a barbarian and foreigner and an enemy of the king of the English. Nor, however, although they laboured hard for its success, have they been able even to the present day to introduce the ungodly practice in the face of the resistance of Saint Cuthbert. The other part of the vilN Onalafbald held and he, to his own undoing, shewed himself to all far more monstrous and cruel even than his co partner. (History of the Church of Durham, ii. 16.)] Proofs and Illustrations 587 ALDRED, the son of EADULF, is expeUed from his Part ii. dominions a, and flies into Scotland, where he is north- received by Constantine. J ETHELWALD. 919 REGNALD takes the city of York. 920 King NIEL kUled by his brother SIHTRIC*. 920 Manchester in Northumbria fortified and garrisoned Wmi. by (£otoar>!c. 921) REGNALD and SIHTRIC, Kings of the Danes, and regnald. r 7 T^ 7 T-, 7- 7 • , 7 • • 7.T 7 7 ¦ SIHTRIC 924) the Danes and Enghsh inhabiting Northumbria, accept ffiutoatu as tbeir Lord and Father"1. (See above, pp. 358-360.) W- Accession of atfjelstauf. fllollE. a According to Ethelwerd, the "barbarians" about this time rose against Ethered, who then governed Mercia and North umbria — qui tunc .regebat Norihymbrias partes atque Myrcias [who at that time ruled over the regions Northumbria and Mercia], Ethelred of Mercia was then dead, and it is difficult to explain this obscure passage. b An uncertain date. — The event is also assigned to the years 914 and 921. According to Huntingdon, this event happened before the acquisition of York by Regnald. " Sidric, Rex Nord- humbre, occidit fratrem suum Nigellum; quo scelere patrato, Rex Reginaldus conquisivit Nordhumbre." [Sidric King of Northumbria, kiUed his brother Nigel and, after the perpetra tion of the crime, King Reginald acquired Northumbria.] The other chroniclers (Simeon excepted) do not mention the relation ship between Sihtric and Niel. In this instance, therefore, the sources employed by Simeon and Huntingdon were more perfect than those of other early compUers. Regnald, Sihtric and Niel were the sons of Guthred. (Suhm. II. 448.) c Misit in Northumbriam Merciorum exercitum, ut urbem Mamcestriam restaurarent et in ea fortes mUites collocarent. (Flor. Wigorn. and Sim. Dunelm.) [He sent an army of the Mercians into Northumbria to rebufld the city of Manchester and to place a strong garrison in it. (Florence of Worcester and Simeon of Durham.)] The Saxon Chronicle places this fortification of "Manige-ceastre" in 923. I doubt, however, whether Manchester was ever ready included in the kingdom of Northumbria. a It wiU be observed that the Saxon Chronicle seems to place this event in 924, but the other authorities are to be preferred. 588 Proofs and Illustrations Part II. NORTHUMBRIA. REGNALD.SIHTRIC. REGNALD.ERIC. 925 SIHTRIC, married to Eadgitha, sister of atftrlfitane, confirmed in the possession of Bernicia, or the territory from the Tees to Edinburgh*-. 926^ SIHTRIC dies. GUTHFERTH, his son, succeeds, 927] but attempts to throw off his subjection (WaUing ford, p. 541), and is expeUed by ;3t1)eigtancb. REGNALD continuing to govern his portion of the kingdom, the Northumbrian Chieftains0 become the men or vassals. of Stfjclstartr, their homage being performed at Emmet, 12th of July (see above, p. 368) ; and about this time ERIC also obtains a great part of Northumbria, as the vassal of atfjelstatieA a Accepit Sictricus pro regno a Teisa usque ad Etheneburgam. (WaUingford, p. 540.) [Sidric received as his kingdom from the Tees as far as Edinburgh. (John of WaUingford, p. 540.)] A statement liable to some doubt. It is imphed by Huntingdon and Brompton that Sihtric possessed York, until expeUed by Regnald. b Anno 927. Ethelstanus Rex de regno Brittonum Gudfridum regem fugavit. (Sim. Dunelm.) [In the year 927. King Aihelstan put King Gudfrid to flight from the kingdom of Britain. (Simeon of Durham.)] c About this time the Northumbrians, aggregated into one nation with the Cumbrians, Scots and Danes, inclined more to them, than to the English of the South. (Fordun, 203.) 4 Consensum est, ut Eiricus Northumbriam ab Adalsteino in fidem clientelamque acciperet. acceptamque adversus Danorum ahorumque piratarum excursiones, Scotos etiam, jam sibi a debeUato Olafo vectigales factos, sed semper infidos, tutaretur: cumque uxore et liberis, Christianam religionem amplecteretur Memoria? proditum est, Northumbriam quintam totius Anglice partem amplitudine sua confecisse, Eiricumque Blodoxium, Jorvici, seu Eboraci, sedem regiam habuisse. (Torfaeus, Hist. Norweg. IV. 7.) [It was agreed that Eric should receive Northumbria from Aihelstan in fealty and vassalage, and that, when he had received it, he should keep it safe from the inroads of the Danes and other pirates, even the Scots who, although they had been made to pay tribute to himself by the vanquished Olaf, yet were always untrustworthy ; and that with his wife Proofs and Illustrations 589 and chUdren he should embrace the Christian religion. It has Part II. been handed down to posterity that he made Northumbria in north- size a fifth part of the whole of England and that Eric Blood- UMBRIA- Axe had his royal throne at Jorvic or York. (Torfaeus, History of Norway, IV. 7.)] This Eric, called Eric "Blodoxe," was the son of Harold Harfager, King of Norway. (Suhm. II. 502.) The foUowing passages relate to the transactions annis 947, 950 (see below, pp. 592, 593). Edredo namque reverso in australes regni sui partes, Anlaf qui a regno Nordhumbre aufugatus fuerat, rediit cum magna classe in Nordhumbram, et cum gaudio susceptus est a suis, et regno iterum restitutes, quod in fortitudine tenuit quatuor annis. Quarto autem anno solita infidelitate utentes Nordhumbri fugaverunt regem eorum Anlaf, et susceperunt Hyrc filium Haraldi in regem. Sed Ule iterum brevi tenuit regnum. Edredus, rex eximius, septhno anno regni sui receptus est iterum in regno Nordhumbre: gens namque patriae iUius dominum diu non perferens unum, tertio anno regni sui Hyrc filium Haraldi ut leviter acceperat, leviter abjecerat, et regem Edredum ad se sponte vocatum regni sede reponunt. Edredus, rex eximius et invictus, cum super omnes partes Anglice tandem rex solus regnasset, fatis exigentibus, hominem exuit, octavo anno postquam diadematis insigni sublimatus fuerat. (Hen. Hunt.) [For after Edred had returned to the southern parts of his kingdom, Anlaf, who had been banished from the kingdom of Northumbria, returned with a large fleet to Northumbria and was joyfully welcomed by his own men and again restored to the kingdom which he held bravely for four years. In the fourth year however, the Northumbrians, with their usual faithlessness, drove out their King Anlaf and took Eric the son of Harold as their King. But he again held the throne only for a short while. Edred, the glorious King, in the seventh year of his reign, was received back again into the kingdom of Northumbria; for the people of that country, not enduring anyone for long as their lord, rejected Eric the son of Harold in the third year of his reign as lightly as they had welcomed him, and of their own free will recalling King Edred, they placed him again on the throne. Edred, a glorious and invincible King, when he had at length reigned sole King over all the parts of England, at the dictates of fate, put off his mortal form, in the eighth year 590 . Proofs and Illustrations Part ii. 937 ANLAF, A ULAF, or OLA YE, "King of Ireland and north- the Isles," the son a of GUTHFERTH— (Malm. ANLAF ' de Gestis, p. 26), arrives in the Humber with a olave "(Deira) mighty fleet, accompanied by his brother-in-law, regnald. CONSTANTINE, King of the Scots— is defeated (Bernicia.) " in the great battle at Brunnaburgh. 941 Accession of (Jromuno. The Northumbrians withdraw ] their aUegiance, and choose AULAF or OLAVE to I mm be their king — probably in Deira b after he had been exalted by the distinction of the diadem. (Henry of Huntingdon.)] Haroldo successit filius ejus Ericv.s nomine; qui ex eo quod fratres occidit, cognomen traxit, "Fratrum interfector." Praa- dictus vero Haroldus miserat unum ex filiis suis Halstano Regi Anglorum, Hacon nomine, ut nutriretur, et disceret morem gentis. . . .Ipse vero Ericus ad AngHam navigavit, et a Rege honorifice susceptus, ibidem diem obut. Iste annis tribus regnavit, quorum duos, solus, tertium cum fratre. (Theod. Monachus de Regibus Norvagicis, cap. ii.) [Harold's successor was his son whose name was Eric, and he earned the name of "Fratricide" because he had killed his brothers. The aforesaid Harold had sent one of his sons, by name Hacon, to Atheist an, King of the English, to be brought up and to learn the manners of the people. Eric himself also saUed to England and after an honourable reception at the King's hands, died on the same day. And he reigned for three years, two of them alone, the third in conjunction with his brother. (Theodoricus the Monk, on the Kings of Norway, ii.)] a According to the Danish historians (Suhm. II. 543) he is also called the son of Sihtric. The recurrence of the same names amongst these adventurers renders it impossible to identify them. b North imbrenses fidelitati, quam magnifico Red Anglorum Eadmundo debebant, infidelitatem praeferentes. regem North- mannorum, Anlafum sihi in regem eligerunt. (Flor. Wigorn.) [The Northumbrians, preferring faithlessness to the fidehty which they owed to Eadmund, the magnificent King of the English, elected Anlaf as their King. (Florence of Worcester.)] Her Northhymbra alugon hira getreowaba, and Anlaf of Yrland him to cinge gecuron. (Sax. Chron.) [In this year the Northumbrians were false to their pledge and chose Anlaf of Ireland for their king. AS. Chronicle.] Proofs and Illustrations 591 943 AULAF [son of Guthferth!] invades Mercia. Peace Part n. concluded between ©utltUttl) and Aulaf, and north- Watling-street assigned as the boundaries of their UMBRIA- kingdoms a — AULAF to the North, and Edmund „? olave!"'* ' to the South15. a Circum eosdem dies Analafus, genere Norwegiensis, qui tempore regis Mthelstani de regno Northanhumbrorum ejectus fuerat, hoc anno, maximo comitatus navigio, Eboracum petivit. Deinde Australes Anglice partes hostUiter adiens, subito sibi regnum Anglice subjugare disposuit. Cumque haec regi Ead- mundo nunciata fuissent, venit ei obviam cum exercitu copioso, et apud Legecestriam duo reges hostUiter concurrentes, plurima diei parte damnosum nimis hinc inde praelium commiserunt. Sed duo Archiepiscopi, Otho et Wlstanus, viso utrinque periculo et regni exterminio, talem inter eos concordiam composuerunt, ut Analafus totam Anglice insulam ad borealem plagam stratae regias, quae Watlinge dicitur, possideret. Eadmundus vero ad australem ejusdem calhs partem toto regno pacifice frueretur. Et qui inter eos vitam duceret longiorem, regnum totum post mortem alterius occuparet. Deinde Anlafus Alditham, Ormi Comitis filiam, suscepit uxorem, cujus consUio et auxUio fultus, praafatam victoriam est adeptus. (Flores Hist.) [About this same time Anlaf, a Norwegian by race, who in the days of King Mihelstan had been ejected from the kingdom of the Northumbrians, in this year repaired to York accompanied by a very large fleet. Then approaching as an enemy the southern parts of England, he determined suddenly to sub jugate the kingdom of England to himself. And when this was reported to king Eadmund, he went to meet him with a large army, and the two kings meeting in battle at Leicester, fought for the greater part of a day a fight with heavy loss on both sides. But the two Archbishops Odo and Wulfstan, seeing the danger both sides ran and fearing the ruin of the realm, succeeded in arranging peace between them on such terms that Anlaf should possess the whole island of Britain in the district north of the royal street which is caUed Watling Street. Eadmund however was to enjoy in peace the whole kingdom to the south of that street. And he who should hve the longer should receive the whole kingdom after the other's death. Subsequently Anlaf took to wife Alditha, the daughter of Earl Orm, and relying on his counsel and aid he gained the above-mentioned victory. (Flowers of the Histories.)] b Pace itaque facta, terminus utriusque regni erat Watlinge- 592 Proofs and Illustrations Part II. NORTHUMBRIA. AULAF, ANLAF, or OLA VE. (Olave and Regnaldexpelled.) ERIC 944 945 947 948949 Vffitr, 949)950]' The two Archbishops, Odo of Canterbury and Wulstan \ of York, mediated this treaty, and Aulaf obtained his advantage much by the aid of Earl ORM, whose daughter Alditha he married. Aulaf died in this year. The two kings of Northumbria, viz. AULAF, son of SIHTRIC (who succeeded to Aulaf, son of Guth ferth), and REGNALD, son of GUTHFERTH, being expeUed by (Pomunu, he obtains the sove reignty of Deira and Bernicia. Accession of (Porrt to the Empire of Northumbria. mf»ste Yielded up his steadfast Sawle to Criste. Soul to Christ. And he, — hselotid ! Haelejia wealdend, Weold wel gejmngen Walum and Scottum, And Bryttum eac, Byre .ESelredes. And he, — a prosperous time! Exalted Ruler Of Heroes, swayed Welsh and Scots, And Britons eke, Son of Ethelred'. a This important transaction, which is related with great obscurity by Ordericus Vitalis (p. 511), is told clearly and dis tinctly in the Book of Abingdon. In consequence of the abbot being personally present, the compUer of that most authentic and valuable volume was, without doubt, better acquainted with the circumstances than other writers could be, who had not the same sources of information. Lord HaUes, in his text, suppresses ad notice of the invasion, or its consequences, but he satisfies bis conscience by inserting the passage of Ordericus in a note, without translation, but with a few remarks, in which he Proofs and Illustrations 629 1069 Rex Scotice, Malcolmus, subesse Regi Part ii. Willielmo eo tempore detrectabat. Quare coacto picts AND in unum exercitu, Rex filium suum Robertum ma- scots jorem natu, Scotiam sua vice transmisit ; cum quo et plures Anglice primates, quorum unus Abbas Adelelmus fuit, praecipiens eis pacem armave offerre, — pacem, si obtemperantia sibi spondeatur, sin afiter, arma. Verum Rex ille, Lodoniis occurrens, cum suis pacisci potius quam pra?Uari delegit. Perinde ut regno Anglice principatus Scotice sub- actus foret obsides tribuit. Quo pacto inito, Regis fifius cum exercitu ad patrem hUaris repedavit. (Lib. Abb.— Bib. Cott. Claudius 0 ix, f. 135.) [1069 Malcolm, the King of Scotland, at that time withdrew from his aUegiance to King William. Wherefore having coUected an army the King sent his eldest son, Robert, to Scotland in his stead, and with him went also several of the leading men of England, one of whom was Abbot Adelelm, with instructions to offer them peace or war, — peace if they would promise obedience to him, but if otherwise, war. But that King coming to Lothian with his foUowers, preferred to mate peace rather than to fight. Wherefore in recognition that the principate of Scotland should be subject to the throne of England, he delivered up hostages. After the completion of this compact, the King's son joyfully marched back to his father with his army. (Abingdon Chronicle, Cotton MS. Claudius C ix, f. 135.)] 1072 In the sixth year of King Scoto-Saxon Kings*.1 Kenneth Mac Alpin, King of Scots, 836, afterwards •King of Scots and Picts. Aodh, King of Scots and Picts. Donald III. Regulus of Strath Clyde, &c. Eocha, Eugenius, or Owen, Regulus of Cumbria. &c. Donald IV., Dunwallo, or Dumnhail, Regulus of Cumbria, &c. defeated by Edmund, and his kingdom granted to Malcolm I. Constantine III. King of Scots and Picts, 904, 944 Indulf, Regulus of Cumbria, 945, afterwards King of Scots and Picts — obtains possession of Edinburgh, 953 to 961. Constantine II. King of Scots and Picts. Donald IV. King of Scots and Picts. Malcolm I. King of Scots and Picts, 944 to 953. — Cumbria granted to him by Edmund, and which he, as mesne Lord, grants to Indulf, 945. A Daughter, Married to Run, King of the Britons of Strath Clyde, by whom she had Eocha, King of Scots and Picts, and probably of the Britons. Duff, Regulus of Cumbria, afterwards King of Scots and Picts, 961 to 965. Malcolm II. (of Cumbria) Appointed Regulus of Cumbria, for which he performs homage to Edgar, 970 and 973— dies about 989. Kenneth III. King of Scots and Picts, 970 to 994. Lothian granted to him by Edgar. Malcolm {II. of Scotland— III. of Cumbria), Regulus of Cumbria, 989, afterwards King of Scots and Picts, and Lord of Lothian, 10Q3 to 1033. Bethoc, his eldest daughter, married to Grinan, Abthane2 of Dunkeld, by whom she had Duncan, Regulus of Cumbria, afterwards King of Scots, &c. 1033 to 1039, married to the sister of Siward, Earl of Northumbria. Malcolm Canmore, (III. of Scotland— IV. of Cumbria), Regulus of Cumbria, placed upon the Scottish throne by Edward the Confessor, 1054. Killed at Alnwick, 1093. Second Daughter, Married to Sigurd, Earl of Orkney. Margaret, Grand-daughter of Edmund Ironside • and, upon the death of her brother, Edgar AtheUng, without issue, heiress of the Anglo-Saxon rights. Duncan, Illegitimate, 1093 to 1094, and again 1094 to 1097. Edward, KiUed at Alnwick, with his father, 1093. o.s.p. Ethelred,Abbot of Dunkeld, Edmund. o.s.p. Edgar, - " Scotorum BasUeus," 1097 to 1107. O.S.p. Alexander J. 1107 to 1124, considered as the lawful representative of the Anglo-Saxon line. o. s.p. David, Earl of Cumbria and Huntingdon, afterwards King of Scotland, 1124 to 1153. Editha, afterwards called Matilda, married to Henry I. Mary, Married to Eustace, Count of Boulogne. * Those Branches which are not connected with the History of Strath Clyde and Cumbria are omitted. (See Chalmers, I., p. 416.) 662 Proofs and Illustrations Part II. ROYAL STYLE,— OFFICERS OF THE CROWN, &c. Kings. pro&biyId°r,""d' The etymol°gy °f this word is important: because the cai7?o?cfMtic *dea w^ich it conveys, — viz. of a Ruler placed at the head of ja'nhead or chie(" the state, both in peace and in war, the leader, — the legis lator, and sovereign of the people, — does not appear to have been known to the primitive Teutonic tribes. On the whole I incline to the Celtic derivation, from Can, or Cean. My Celtic friends are strangely unwilling to accept the honour of furnishing the Teutons with the royal title; and I am asked by a most intelbgent and phUosophical inquirer, — how came a Celtic word to spread from the Alps to the North Sea, — from the Thames to the Danube? An answer may be easdy found to this question. The title was diffused by imitation, and it foUowed the tribes as they advanced. In the days of UlphUas, and before the Teutons settled on Celtic ground, the word "King" was not employed*, and therefore we possess, at least, a chronological proof that the term was not invented untd after the age when the Teutons might have learnt their lesson either in Britain or in Gaul. But can any better solution be suggested ? Amongst the numerous derivations from Teutonic roots, proposed by various writers, there are many displaying great ingenuity, but not many which possess much plausibility11; and if we compare the laborious efforts made by the learned to establish the Teu tonic ancestry of the word, with the easy and simple idea suggested by "Cean," — "Head," or "Chieftain," — the Celtic hypothesis wUl gain more by the paraUel, than by any argu ment which can be adduced in its favour0. a Thiudans is the term employed in the Gothic version for "King." Thiudinassus and Thiudangardi , kingdom. The root is Thiod, people, but the process by which the derivatives are formed is not obvious. » From Konnen, to be able (Wachter, Adelung), or from Kcnnen, to know, or to be knowing (Ihre) ; from Hund, or Chund, a hundred, the ruler of the Ccntena. From Kind, chUd; from Cyn, tribe, or kindred, and with the patronymic, the ChUd of the Nation. (Allen.) c Cean is evidently the same as Khan. Proofs and Illustrations 663 There are two objections, however, which deserve notice. Part n. I. Cean is not found in the Cymric of Wales, nor do any of objections— and ** 7 * their answers. the Celtic dialects apply it to the royal authority. — The facts are correct, but not the inferences. We do not possess a sufficient stock of Celtic materials to decide upon negative evidence ; and though the Welsh, according to the peculiarity of their idiom, pronounce Pen instead of Cen a, still the word existed in the latter form, i.e. Cen, amongst the Britons of Strath ayde". II. The Scandinavian Konungur appear in many grada tions of dignity. The Herr-Konung was only the general or leader of the Host. The Sio-Konung, or sea-king, headed the pirate fleet. The Fylkis-Konung governed the "Fylke," or Clan-land; and the Nesse-Konung claimed to be the monarch of a single Nesse, or rather of the land, terminated by the promontory jutting into the wave c. It is also evident that the Anglo-Saxon chieftains of minor power were de nominated Kings; and hence it may be argued that the title had no peculiar importance : but in Norway, where the title Konung was most generalized, it was stUl considered so emphatic, that the chieftain, when he descended from his sovereign estate, resigned the name of King, for the express purpose of testifying to his vassalage. The sovereign of a very smaU territory might deem himself equal in dignity to the ruler of a wider realm, however inferior he might be in power. The Title oe Basileus. This title was exclusively claimed by the Byzantine Sg^^i emperors3. The Bulgarian sovereigns usurped the name of f^J^^^ Kings. a This permutation disguises the identity of many Cymric and Gaelic words. Pren, Crann (tree), Pedwar, Cathair (four), Pasc, Case (Pascha). b As appears from the etymology of the name of Ken-tigern (Part I., p. 346). c See Ihre. d BasUei seu /WiXews titulum Imperatores Byzantini nuUi alii principi prseterquam sibi persuasum habebant, caeteros Pr/yas seu Reges appeUantes Hanc porro BasUei appeUationem videntur sibi prae cseteris arrogasse veteres Anglice Reges. (Du Cange, I. 1055.) [The Byzantine Emperors aUowed the title of BasUeus or Part II. 664 Proofs and Illustrations "BasUeus," but the imperial style was not given to them by other powers a ; nor was it assumed by any sovereign of the West, except the Anglo-Saxon kings, and most evidently was it taken by them as denoting their imperial dignity13. The title of BasUeus appears on the seal of the Scottish Edgar, either in imitation of his Anglo-Saxon ancestors, or, as asserting his claim to their inheritance. The styles of the later Anglo-Saxon monarchs are much diversified. Few are found in which the imperial dignity is not either expressed or implied0. If it be repeated that such documents are only Bao-iXtvs to no other princes save themselves, calling the others Kings or Pr/yes. Furthermore the ancient Kings of England seem to have arrogated to themselves this appeUation of BasUeus in contradistinction to others. • Du Cange, III. 1334. b Imperatoris titulum sibi arrogasse Reges Anglo- Saxonici ex hoc patet, quod Basileas sese passim indigitarent, quae vox Im- peratorem tum sonabat. (Du Cange, DU. 1335.) [From this it is evident that the Anglo-Saxon Kings usurped the title of Emperor, because they called themselves frequently BasUeus, a word which at that time denoted Emperor.] c The following styles have been excerpted as exemplifying this position : it wiU be seen how the titles of imperial import predominate. ATHELSTANE. Mihelstan, Dei providentia gubernante Rex Anglorum*. 928. [Athelstan, through the guiding providence of God King of the English.] Aihelstanus, divinae dispensationis providentia, tam super Brittan i ca? gentis quam super aliarum nationum huic subditarum imperium elevatus Rexy. 930. [Athelstan, through the providence of Divine dispensation, raised to the place of King over the empire of the British people and of the other nations subject to them.] Ethelstanus Rex Anglorum. per omnipotentis dexteram totius Brittannim regno sublimatusf. 93S. [Athelstan, King of the English, raised to the throne of the whole of Britain by the right hand of the Almighty.] Athelstan Rex totius Britannice^. [Athelstan, King of the whole of Britain.] * Horn, p. 67. f Hem. p. 11. } See above, p. 375. § On his oohis. (Ruding, p. 253.) Proofs and Illustrations 665 the fancies of the ignorant monks who penned the charters, part n. I can only reply, that aU our history depends upon such evidence. Nor is it very philosophical to describe these high sounding phrases as pompous affectations of power — unless we admit that aU pomp is affectation. Mihelstan Rex Saxonum*. [Aihelstan, King of the Saxons.] Athelstan Anglorum Basyleus et Curagulus totius Britannice^. [Aihelstan, BasUeus of the English and Guardian of the whole of Britain.] EDRED. Eadredus Rex Anglorum gloriosissimus, rectorque Northan humbrorum, et Paganorum Imperator, Brittonumque propugnator %. 949. [Edred, most glorious King of the English, and ruler of the Northumbrians, Emperor of the Pagans, and champion of the Britons.] Edred, divina gratia favente, Rex et Primicerius totius Albionis §. 955. [Edred, by the favour of God's grace King and Chief of the whole of Albion.] EDW I. Eaduui, nutu Dei Angulsaxna et Northanhumbrorum imperator, Paganorum gubemator, Breotonumque propugnator ||. 956. [Eadwi, by the wiU of God emperor of the Anglo-Saxons * On his coins. (Ruding, p. 253.) t Inscription in the volume of the Gospels given by Athelstane to the Cathedral of Canterbury. (Bib. Cott. Tiberius A ii.) The following laudatory verses, also contained in the same manuscript, were evidently composed in the lifetime of Athelstane. They may be considered as a supplement to his titles :— Rex pius JEthelstan, patulo famosus in orbe Cujus ubique viget gloria, lausque manet. Quem Deus Angligenis solii fundamine nixum, Constituit Regem, terrigenisque ducem. Scilicet ut valeat reges, Rex ipse, feroces, Vincere bellipotens, colla superba terens. [The good King Athelstan, whose fame is known in the wide world And whose glory flourisheth everywhere and whose praise abideth. For him, firmly stablished on the throne, did God Make King for the English and leader for the people of the earth, That, mighty in war, I ween, and a King himself, He might overthrow fierce Kings, galling the necks of the proud.] t See above, p. 386. § Mon. I. 51. || See above, p. 388. 666 Proofs and Illustrations Part ii. and the Northumbrians, governor of the Pagans, and champion of the Britons.] EDGAR. Altitonantis Dei largiflua dementia, &c. Edgarus Anglorum BasUeus, omniumque regum insularum oceani qui Britanniam circumjacent cunctarumque nationum quae infra eam inclu- duntur, Imperator et Dominus. . .Edgar BasUeus Anglorum, et Imperator regum gentium*. 964. [Through the copious clemency of high-thundering God, etc., Edgar, BasUeus of the English and of all the kings of the isles of the sea, which lie around Britain, and Emperor and Lord of all the nations which are included under it.. . .Edgar, BasUeus of the English, and Emperor of the Kings of the nations.] Edgar divina aUubescente gracia Rex et Primicerius tocius Albionis^. 966. [Edgar, by the favour of divine grace King and Chief of the whole of Albion.] Ego Edgar tocius regni Rex citra mare, . . . scripta est haec cartula Incarnationis Anno Dom. dcccclxvi, testibus hiis con- sencientibus quorum hic nomina signantur, secundum regis bene- volenciamj. 966. [I, Edgar, King of the whole Kingdom on this side of the sea... this charter is written in the year of Our Lord's In carnation 966, with the consent of those witnesses whose names are here signed, in accordance with the King's benevolence.] Ego Edgar tocius Britannice BasUeus. [I, Edgar, BasUeus of the whole of Britain.] Ego Edgar Rex Anglorum §. [I, Edgar, King of the English.] Eadgar Rex Anglorum cum Northymbra regimine, ac progenie Paganorum Britonumque prosapia subhmiter roboratus||. 968. [Edgar, King of the English, with the governance of North umbria, and confirmed on high by the progeny of the Pagans and the race of the Britons.] Edgar divina eollubescente gratia totius Albionis Rex Primi- cherusquelf. 968. [Edgar, through the favour of God's grace, King and Chief of the whole of Albion.] Ego Rex Edgarus BasUeus dUectae insulae Albionis, subditis * See abovo, p. 390. f Mon. I. 49. t Mon- L 57' § Mon. I. 50. || Mon. 11. 323. f Smith's Bede, App. 774. Proofs and Illustrations 667 nobis sceptris Scottorum, Cumbrorumque atque Brittonum et Part II. omnium circumcirca regionum*. 970. [I, King Edgar, BasUeus of the beloved island of Albion, after having subjected to our rule the kingdoms of the Scots, Cumbrians, and Britons and aU the regions round about.] Ego Edgar divina aUubescente gratia tocius Albionis Im perator Augustusf. 970. [I, Edgar, through the favour of God's grace, Emperor Augustus of the whole of Albion.] Edgar totius Britannice insulse regimine Domini largiente gratia gubernans. [Edgar, through the bounteous grace of the Lord, governing with my rule the whole island of Britain.] Mdgar Rex tocius Britannice%. 971 [Mdgar, King of the whole of Britain.] Edgar divina disposicione Rex Anglorum ceterarumque gencium in cireuitu persistencium gubemator et rector*. 971. [Edgar, by divine dispensation King of the English, and governor and ruler of the other peoples existing in the circuit.] Edgarus Rex et BasUeus totius Anglice§. About 971. [Edgar, King and Basileus of the whole of England.] ETHELRED. Mthelredus per omnipotentis nutum totius Albionis Basileus ||. 984. [Ethelred, by the decree of the Almighty, BasUeus of the whole of Albion.] Ego Mthelredus gracia Dei sublimatus Rex et Monarchus tocius insulse Brittanice^. 987. [I, Ethelred, by the grace of God raised to be King and Monarch of the whole island of Britain.] Ethelredus gratia Dei Rex Anglorum et Patricius Nordan- hymbrorum**. 994. [Ethelred, by the grace of God King of the English and Patrician of the Northumbrians.] Mthelred totius Brittanice BasUeus||. 999. [Ethelred, BasUeus of the whole of Britain.] * See above, pp. 393, 395. t Mon. I. 58. J See above, p. 395. § See above, p. 399.— Mon. I. 383, 384. I! See above, pp. 313, 315, 318. 11 Mon. I. 15. ** Mon. I. 51. 668 Proofs and Illustrations Part II. Ethelredus Rex nationum totius gentis Brittanice*. 1012. [Ethelred, King of the nations of the whole people of Britain.] In nomine Domini Dei omnipotentis. Ego Mthelredus Dei gratia, gentis Anglicce Rex, et Monarcha etiam aliarum insularum oircumjacentium f . [In the name of the Lord God Almighty. I, Ethelred, by the grace of God, King of the English people and Monarch also of the other islands that lie around.] Ego, gratis, summi tonantis, Angligenum Orcadarum, necne in gyro jacentium Monarcha Mthelredus Anglorum Induperatorf. 1006. [I, by the grace of Him that thundereth on high, Ethelred, Emperor of the English, Monarch of the English-bom people of the Orkneys, and also of those islands that lie within the circuit.] CANUTE. Cnut, King of all England, and of the Danes, and of the Norwegians%. Ego Imperator Knut, a Christo rege regum regirninis Anglici in insula potitus. Knut, gubemator Anglici orbis§. 1018. [I, the Emperor Canute, granted possession of the rule of England by Christ the King of Kings- Canute, governor of the island of England.] EDWARD THE CONFESSOR. Edwardus, suprema gratia largiente, Anglorum regalia sceptra gubernans||. 1065. [Edward, by the bounteous grace of the Most High, wielding the royal sceptre of the English.] Edwardus, Ethelredi Regis fihus, gratia Dei Anglorum Rexlf. 1066. [Edward, son of King Ethelred. by the grace of God King of the English.] Eadwerd Cyng, and Englalanrfcs Wealdend** [Edward King and Wielder of England.] Eadiuiardus Anglorum Basileusff. [Edward, BasUeus of the English.] * Seo above, pp. 313, 315, 318. f Concilia I. 283, 284. I Preamble of his Laws. § Concilia I. p. 296. || Mon. I. 2..!). f Mon. I. 293. ** Mon. I. 100. If On both sides of his great seal. Proofs and Illustrations 669 In the ancient order or ritual, supposed, but perhaps on Part n. insufficient evidence, to have been framed for the coronation of Ethelred1, the "dominion over the Angles and Saxons" is given to the sovereign". In another form of consecration the "kingdoms of the Saxons, Mercians, and Northumbrians" are enumerated as constituting the empire6. The smaUer states or dependencies passed with the kingdoms to which they were annexed. There seems to have been a distinct inauguration for each kingdom, and one consecration for the empire — distinct inaugurations, as forms required by the CivU Legislature — one coronation and consecration, according to the rites which tbe Church had prescribed. WILLIAM THE CONQUEROR. Willielmus Dei dispositione, et consanguinitatis haereditate Anglorum BasUeus, Normannorumque Dux et Rector*. [William, through God's disposition and through heredity of blood relationship BasUeus of the English and Duke and Ruler of the Normans.] Willielmus Dei gracia Rex Anglorum hsereditario jure factusf . [William, by God's grace, made, by hereditary right, King of the English.] Ego Wilhelmus victoriosus Anglorum BasUeusJ. 1068. [I William, the victorious BasUeus of the English.] a The foUowing extracts contain the most important portions of the ritual : Haec tria populo Christiano et mihi subdito in Christi promitto nomine. In primis, ut Ecclesia Dei et omnis populus Christianus veram pacem, nostro arbitrio, in omni tempore servet. Aliud, ut rapacitates et omnes iniquitates omnibus gradibus interdieam. Tertium, ut in omnibus judicns sequitatem et misericordiam praecipiam, ut mihi et vobis indulgeat suam misericordiam clemens et misericors Deus qui vivit, &c. [These three promises I make in the name of Christ to the people, Christian and my subjects. Firstly, that the Church of God and aU the Christian people shaU at aU times have true peace to the best of my power. Secondly, that I shaU forbid aU acts of rapine and wrong doing in aU classes of the community. b See below, p. 671. * Mon. VI. 27. T Mon. I. 237. J Hickes, Diss. Epist. 77. 670 Proofs and Illustrations Part ii. Thirdly, that I shaU order and require equity and mercy in all judgments, so that the merciful and gracious God who fiveth etc. may show me and you his mercy.] Designatio SlatHs Regis. — Sta, et retine amodo statum, quem hucusque paterna suggestione tenuisti hereditario jure, tibi de- legatum per auctoritatem Dei omnipotentis et per presentem traditionem nostram, omnium scUicet episcoporum caetero- rumque Dei servorum; et quanto clerum sacris altaribus pro- pinquiorem prospicis, tanto ei potiorem in locis congruis honorem impendere memineris; quatinus mediator Dei et hominum te mediatorem cleri et plebis in hoc regni solio confirmet, et in regno aeterno secum regnare faciat.. . . [Designation of the King's Status :— Stand and hold fast from henceforth the dignity which thou hast hitherto held by he reditary right at thy father's nomination, now dehvered unto thee by the authority of Almighty God and at this time by the hands of us, to wit, of aU the bishops and aU the other servants of God ; and as you see the clergy approach nearer to the sacred altars, so much the greater honour you shaU remember to pay them in fitting places, so that the mediator between God and men may establish you on this throne of the kingdom as mediator between the clergy and the people and may cause you to reign with him in the eternal Kingdom. . . . ] Respice propitius ad preces nostrae humihtatis, et super hunc famulum tuum Ulum quem supplici devotione in regem Anglorum vel Saxonum pariter eligimus, benedictionum tuarum dona multi- plica. Hunc dextra tuae potentia? semper ubique cireumda, quatenus praedicti Abrahas fidelitate firmatus, Moysi mansuetu- dine fretus, Josuae fortitudine munitus, David humilitate exal- tatus, Salomonis sapientia decoratus, tibi in omnibus complaceat et per tramitem justitiae inofifenso gressu semper incedat. Hic totius Regni Anglo-Saxonum ecclesiam deinceps cum plebibus sibi annexis ita enutriat ac doceat, muniat et instruat, contraque omnes visibiles et invisibUes hostes idem potenter regaliterque tuae virtutis regimen amministret, ut regale sohum, videlicet Anglorum vel Saxonum sceptra, non deserat, sed ad pristinae fidei paeisque concordiam eorum animos, te opitulante, reformet, ut populorum debita subjectione fultus, eondigno amore glorifi- calus, per longum vitw spatium, paternae apicem glorias tua miseratione unita, stabilire et gubernare mereatur. (Bib. Cott. Clnudius A iii.) [Look Thou with favour on the prayers of our hunulity, and on this Thy servant, him whom we have, with suppliant devotion, eleoted to be King of the Angles and the Saxons alike, Proofs and Illustrations 671 do Thou multiply the gifts of Thy blessings. Do Thou always Part II. and everywhere surround him with the right hand of Thy power, so that he, strengthened with the faith of Abraham afore named, supported by the meekness of Moses, armed with the fortitude of Joshua, exalted with David's humility, adorned with Solomon's wisdom, may please Thee in all things and walk ever on the path of justice with unstumbling step. May he henceforth so nourish and teach, so fortify and buUd up the church of the whole Kingdom of the Anglo-Saxons with the people attached to it, and may he hkewise so administer with Kingly power the rule of Thy virtue against all visible and invisible enemies, that he be not found wanting to the royal throne, to wit, the sceptre of the Angles and the Saxons, but that he may reform their minds, with Thy help, to the concord of ancient faith and peace, so that supported by the due sub jection of his people, glorified by their deserved love, he may be deemed worthy, through a long span of hfe, to strengthen and direct, in conjunction with Thy mercy, the high eminence of his father's glory. (Cotton MS. Claudius A in.)] » (See above, p. 669.) Respice propitius ad preces nostrae humUitatis et super hunc famulum tuum N. quem supplici devotione in hujus regni Regem pariter eligimus, benedictionum tuarum dona multiplica, eumque dextera potentiae tuae ubique circumda, quatinus praedicti Abrahae fidelitate firmatus, &c ut regale solium, videlicet Saxonum, Merciorum, Nordanchimbrorum sceptra non deserat, sed ad pris tine fidei pacisque concordiam eorum animos, te opitulante, reformet, ut utrorumque horum populorum debita subjectione fultus, cum digno amore glorificatus, per longum vitae spatium paternae apicem gloriee tua miseratione unita, stabUire et guber- nare mereatur. [Look Thou with favour on the prayers of our humility, and on this Thy servant N., whom likewise we with suppliant devotion choose for King of this realm, do Thou multiply the gifts of Thy blessings and everywhere surround him with the right hand of Thy power, so that, strengthened with the faith of Abraham (afore-mentioned) etc., so that he be not found wanting to the royal throne, to wit, the sceptre of the Saxons, Mercians and Northumbrians, but that he may reform their minds, with Thy help, to the concord of ancient faith and peace, so that supported by the lawful subjection of aU these peoples, glorified by their deserved love, he may be deemed worthy, through a long span of life, to' strengthen and direct, 672 Proofs and Illustrations Part II. in conjunction with Thy mercy, the high eminence of his father's glory.] This last form has been preserved under very unaccountable circumstances. The "ordo ad inunguendum et coronandum regem " [order for the anointing and crowning of a king], now extant amongst the Cottonian Manuscripts (Tiberius B viii) was transcribed and corrected by the special order of Charles V., who has authorized it by his sign manual. — Ce livre du sacre des Rois de France est a nous Charles le V. de nostre nom Roy de France, et le times corriger, ordeiner, escrier, et istorier l'an MCC< 'LXV — Charles. [This book of the consecration of the Kings of France is ours, Charles V. by title King of France, and we have caused it to be corrected, arranged, written and illu minated in the year 1365 — ChxVRLES.] Great care was bestowed upon the manuscript. It is filled with splendid iUuminations, or historiated according to the king's directions, and, as Selden observes, it is almost inconceivable that the persons who framed the ritual should have thus transcribed an Anglo-Saxon form without even changing the names of the kingdoms to which the ceremony applied. Yet the fact is incontestable. Possibly the original Anglo-Saxon ritual may yet lurk in some continental library. OFFICERS OF STATE OF THE ANGLO-SAXON MONARCHY. The Referendary — Referendaritts. lsnee,^rV;; „nd "Angemundus" bears this title in the charters of Ethel- pp. I43> *44> ana above, p. 274.) bertal. In the Frankish monarchy, the succession of these officers is deduced from the reign of Clovis. The Referendarius drew or prepared the royal charters, and kept the royal signet — (Du Cange, V. 1227) ; and he probably held the same station under the early Kentish kings. The Chancellor — Cancellarius Regis. P-*MS*)rtI" Spehnan finds a ChanceUor in the reign of Edward the Elder. From Edgar, the office may be traced more dis tinctly. Wulfsy, or Woolsey (an odd coincidence), and Rein- baldus successively held this office under the Confessor. » See above, pp. 299, 300. Proofs and Illustrations 673 In the reign of the Conqueror, we find Arfastus, afterwards Part li. Bishop of Thetford, at the head of the Bench of "Chaplains," the official predecessors of the Masters in Chancery a. Under » Ego Willielmus, Dei dispositione et consanguinitatis haere- ditate Anglorum BasUeus, Normannorumque Dux et Rector, cujusdam fidelis mei, Ingelrici scihcet, petitione adquiescens et Archiepiscoporum, Episcoporum, Abbatum, Comitum, et uni- versorum procerum meorum sacro consUio parens, omnes posses- siones terrarum, quas tempore venerabUis ac dUectissimi cognati et praedecessoris mei Regis Edwardi idem Ingelricus acquisierat, pro ipsius insignissimi Regis animse salute, necnon et peccatorum meorum remissione concedo, et regia auctoritate imperpetuum corroboro et confirmo Deo et Ecclesiae Beati Martini, quam, infra muios London, sitam, praefatus Ingelricus, et Girardus, frater ejus, de propriis suis redditibus, in deUctorum suorum remedium, honorabiliter ad Dei laudem, et canonicalem regulam imper petuum servandam et tenendam construxerunt. Sunt igitur, &c. [A description of the tenements.] Scripta est haec cartula anno ab Incarnatione Domini 1068, scihcet secundo anno regni mei : peracta vero est haec donatio die natali Domini; et postmodum in die Pentecostes confirmata, quando Mathilda conjux mea in basilica S. Petri W estmonasterii in reginam, divino nutu, est consecrata. Ego Willielmus, Rex Anglorum et Dux Normannorum, sub sigiUo sanctae crucis in- clinabiliter consensi atque roboravi. Ego Matilda, Regina, con- sensum praebui. Ego Ricardus, Regis filius, annui. Ego Sti gandus, Archiepiscopus, confirmavi. Ego Willielmus London. Episcopus, infra cujus muros praefatum monasterium situm est, signaculo sanctae crucis subaravi et hbertatem omnimodam, quan- tumcunque meae pertinet possibUitati, concessi. Ego Odo Bajo- cemis Episcopus, consensi. Ego Hugo Luxoviensis Episcopus. Ego Ooisfridus, Episcopus, corroboravi. Ego Hermannus, Epis copus, concessi. Ego Leovricus, Episcopus, concessi. Ego Giso, Episcopus, concessi. Ego Eadwinus, Abbas. Ego Wolwaldus, Abbas. Ego Baldwinus, Abbas. Ego Mgelsinus, Abbas. Ego Turstinus, Abbas. Ego Brand, Abbas. Ego Alfwinus, Abbas. Ego Mgelwinus, Abbas. Ego Sithricus, Abbas. Ego Willielmus, filius Osberti, Comes. Ego Robertus, frater Regis, Comes. Ego Eadwinus, Comes. Ego Robertus, Comes. Ego Marchere, Comes. Ego Waldeof, Comes. Ego Rogerus de Montgomeri, Comes. Ego Ricardus filius Gisleberti, Princeps. Ego Willielmus Malet, Prin ceps. Ego Arfastus, Regis CanceUarius. Ego Michael, Regis p. vn. 43 674 Proofs and Illustrations Part II. CapeUanus. Ego Gislebertus, CapeUanus. Ego Willielmus, Capel- lanus. Ego Thomas, CapeUanus. Ego Bernardus, CapeUanus. Ego Walterus, CapeUanus. Ego Rodbertus, CapeUanus. Ego Johannes, sanctae Ecclesiae Romance Cardinalis Presbyter, per Gallias et Angliam, concedente Papa Alexandro, vices apostolicas Kerens, huic constitutioni interfui, et quantum apostohcae sedi pertinuit, hbertatem Ecclesiae praesenti signo confirmavi. Ego Petrus sanctas Romance Ecclesiae simUiter Cardinalis Presbyter ot Cancellarius, ab eodem Papa in Angliam delegatus, huic constitutioni adquiescens propria manu subscripsi. (Mon. VI. 1324.)1 [I, William by the disposition of God and through heredity of blood-relationship BahUeus of the English, Duke and Ruler of the Normans, in acquiescence to a petition of one of my liege men, to wit Ingclric, and in obedience to the sacred counsel of the Archbishops, Bishops, Abbots, Earls and aU my magnates, do hereby grant aU the possessions of lands, which in the time of my venerable and beloved relative and predecessor King Edward, this same Ingelric had acquired, for the salvation of the soul of this most Ulustrious King as weU as for the remission of my own sins, and I do hereby corroborate and confirm the same with my royal authority for ever to God and the Church of the Blessed Martin, which, situated within the waUs of London, the aforesaid Ingelric and Gerard, his brother, did honourably build from their own revenue, for the remission of their sins, to the praise of God ; and for the keeping and maintaining of Canons Regular in perpetuity. These are therefore, etc. This charter was written in the year 1068 of Our Lord's Incarnation, to wit in the second year of my reign : furthermore this gift was made on the day of Our Lord's nativity and after wards confirmed on the day of Pentecost, when Matilda, my consort, was consecrated Queen, by God's will, in the Church of St. Peter at Westminster. I, William, King of the English and Duke of the Normans, under the seal of the holy cross, have willingly consented thereto and confirmed. I, Matilda, Queen, have given my consent. I, Richard, the King's son, have assented. I, Stigand, Archbishop, have confirmed. I, William, Bishop of London, within the waUs of which the aforesaid monastery is situated, have marked with sign of the holy Cross and as far as it pertains to my power have granted every kind of privilege. I, Odo, Bishop of Bayeux, have con sented. I, Hugh, Bishop of Lisieux. I, Geoffrey, Bishop, have corroborated. I, Hermann, Bishop, have consented. I, Leofric, Proofs and Illustrations 675 Rufus, Robert Bloet holds the same station a. The Charters Part ii. affording these points of information are very important, because they show the prevalence of Anglo-Saxon forms during the transition period of our history. Bishop, have consented. I, Giso, Bishop, have consented. I, dn, Abbot. I, Wulfwold, Abbot. I, Baldwin, Abbot. I, sige, Abbot. I, Turstin, Abbot. I, Brand, Abbot. I, Mlf wine, Abbot. I, Mgelwine, Abbot. I, Sihtric, Abbot. I, William Fitz-Osbert, Earl. I, Robert, the King's brother, Earl. I, Eadwin, Earl. I, Robert, Earl. I, Morkere, Earl. I, Waltheof, Earl. I, Roger de Montgomery, Earl. I, Richard Fitz-Gilbert, Prince. I, William Malet, Prince. I, Arfast, King's Chancellor. I, Michael, King's Chaplain. I, Gilbert, Chaplain. I, William, Chaplain. I, Thomas, Chaplain. I, Bernard, Chaplain. I, Walter, Chaplain. I, Robert, Chaplain. I, John, Cardinal Priest of the Holy Church of Rome, discharging in France and England by the grant of Pope Alexander the office of Legate, have been present at this assignment and as far as it appertains to the Apostolic See, I have confirmed the privilege of the Church by my signature herewith. I, Peter, likewise Cardinal Priest and Chancellor of the Holy Church of Rome, having been appointed Legate to England by the same Pope, have acquiesced in this assignment and with this my hand have subscribed thereto.] 1 Ego Willelmus Willelmi Regis filius, Dei dispositione Monarches Britannice . . . pepigi id, in eorum optimatum meorum presentia, quorum nomina subtus sunt annexa, et ut per pos- teritates succedentes apud quosque homines veritatis amatores perseveret ratum, meae regiae auctoritatis annecto sigUlum, sed et propria manu mea depingo crucis dominicae signum. . .Mill. Ixxx. viii. anno ab Incarnatione Domini, secundo vero anno regni Regis Willelmi filii prioris Willelmi: confirmatio autem hujus chartae facta est apud Doveriam, eo tempore quod superius deter- minatum est. Ego Thomas, Archiepiscopus Eboracensis, laudavi. Ego Mau ritius, Londoniensis Episcopus, corroboravi. Ego Walcheliniis, Wintoniensis Episcopus, aptavi. Ego Osmundus, Sarbiensis Epis copus, consolidavi. Ego Osbernus, Exoniensis Episcopus, con- finnavi. Ego Remigius, Dincolniensis Episcopus, astruxi. Ego Sotbertus, Herefordensis Episcopus, audivi. Ego Rotbertus, Ces- trensis Episcopus, conspexi. Ego Cunnulfus, Rouecestrensis Epis copus, annui. Ego Wolestannus, Wigrecestrensis Episcopus, ac- 43—2 676 Proofs and Illustrations Part ii. cessi. Ego Radulfus, Cicestrensis Episcopus, vidi. Ego Herbertus Tetfordensis Episcopus, audivi. Ego Goiffridus Constantiensis hoc exquisivi. Ego Hoellus Cenomannensis Episcopus, interfui. Ego Wido, Abbas Sancti Augustini Cantuarii. Ego Cisle- bertus, Abbas Sancti Petri Westmonasterii. Ego Turstinus, Abbas Glestoniensis. Ego Symeon, Abbas de Eli. Ego Balduinus, Abbas Sancti Eadmundi. Ego Raginaldus, Abbas de Abendona. Ego Rotbertus, Abbas Sancti Petri Wintonice. Ego Walterus, Abbas de Eoesham. Ego Paulus, Abbas Sancti Albani. Ego Odo, Abbas de Certiseio. Ego Godefridus, Abbas de Malmesberia. Ego Gois- bertus, Abbas de Bello. Ego Serlo, Abbas de Gloecestria. Ego Goisfridus Mala terra. Ego Rogerus, Comes. Ego Rotbertus, Comes. Ego Symon, Comes. Ego Hugo, Comes. Ego Alanus, Comes. Ego Hen ricus, Comes. Ego Walterus, Comes. Ego Willelmus, Comes. Ego Rotbertus filius Hannonis. Ego Philippus, CapeUanus. Ego Rotbertus, CanceUarius. Ego Samson, CapeUanus. Ego Turgisus, CapeUanus. Ego Geraldus, CapeUanus. Ego Ansgerus, CapeUanus. Ego Herbertus, Capel- lanus. Ego Willelmus, CapeUanus. Ego Engeranus, CapeUanus. Ego Ranulf us, CapeUanus. Ego Petrus, CapeUanus. Ego Tus- aldus, CapeUanus. Ego Eudo, Dapifer. Ego Ivo, Dapifer. Ego Hanno, Dapifer. Ego Rogerus, Dapifer. Ego Willelmus, Dapifer. Ego Rotbertus de Oili. Ego Urso de Abetot. Rotbertus, Dispensator. Hugo de Portu. Rogerus de Busleio. Rannulfus PevereUus. Willelmus Peverellus. Aiulfus, Vicecomes. Alveradus de Lincol'a. Ernul- fus de Hesding. Folco Crispinus. (Hickes, Diss. Epist. p. 47.) [I, William, son of King William, by the disposition of God, Monarch of Britain, have ratified this, in the presence of those my magnates, whose names are appended below, and in order that through succeeding ages it might continue to hold good with aU men who love the truth, I do hereby affix the seal of my royal authority, but also with my own hand do fashion the sign of the cross of Our Lord. In the year 1088 of Our Lord's Incarnation, in the second year of the reign of King William, son of William I. Moreover the confirmation of this Charter was made at Dorer at the same time as that which has been determined above. I, Thomas, Archbishop of York, have approved. I, Maurice, Bishop of London, have corroborated. I, Walchelin, Bishop of Winchester, have appended my signature. I, Osmund, Bishop of Salisbury, have sanctioned it. I, Osbern, Bishop of Exeter, Proofs and Illustrations 677 The Chief Butler — " Ptncerna." Part n- Oslac held this office under Ethelwulf, who had married his daughter a. In the character of legate or representative of Ethelwulf, he is described as attending the Witenagemot held at Kingsbury a. The body of the charter affording this information, as preserved in the text of the pseudo-Ingulphus, is certainly spurious, but tbe signatures were probably trans ferred from an authentic document. have confirmed it. I, Remigius, Bishop of Lincoln, have added my signature thereto. I, Robert, Bishop of Hereford, have heard the same. I, Robert, Bishop of Chester, have witnessed the same. I, Gundulf, Bishop of Rochester, have assented thereto. I, Wulstan, Bishop of Worcester, have acceded thereto. I, Ralph, Bishop of Chichester, have witnessed the same. I, Herbert, Bishop of Thetford, have heard the same. I, Godfrey of Coutances, have executed. I, Hoel, Bishop of Le Mans, was present. I, Wido, Abbot of St. Augustine's at Canterbury. I, Gilbert, Abbot of St. Peter's at Westminster. I, Turstin, Abbot of Glastonbury. I, Symeon, Abbot of Ely. I, Baldwin, Abbot of St. Edmund's. I, Reginald; Abbot of Abingdon. I, Robert, Abbot of St. Peter's of Winchester. I, Walter, Abbot of Evesham. I, Paul, Abbot of St. Albans. I, Odo, Abbot of Chertsey. I, Godfrey, Abbot of Malmesbury. I, Goisbert, Abbot of Battle. I, Serlo, Abbot of Gloucester. I, Geoffrey Mala terra. I, Roger, Earl. I, Robert, Earl. I, Symon, Earl. I, Hugh, Earl. I, Alan, Earl. I, Henry, Earl. I, Walter, Earl. I, William, Earl. I, Robert Fitz-Hamon. I, Philip, Chaplain. I, Robert, Chancellor. I, Samson, Chaplain. I, Turgis, Chaplain. I, Gerald, Chaplain. I, Ansger, Chaplain. I, Herbert, Chaplain. I, William, Chaplain. I, En- geran, Chaplain. I, Ranulf, Chaplain. I, Peter, Chaplain. I, Tusald, Chaplain. I, Eude, Butler. I, Ivo, Butler. I, Hamo, Butler. I, Roger, Butler. I, William, Butler. I, Robert de Oili. I, Urse de Abetot. Sobert, Steward. Hugh de Portu. Roger de Busli. Ranulf Peverell. William Peverell. Aiulf, Sheriff. Alured of Lincoln. Amoul de Hesdin. Fulk Crispin. (Hickes, Letter to Shower, p. 47.)] a Asser, p. 1. Ingulph. p. 15. 678 Proofs and Illustrations Part ii. The Constable of the Host, or Banner Bearer — The "Stallere," " Constabularius Regis," — or "VexiixLiteb Regis." A very important charge. The Stallere held the highest (See above, station in the Witenagemot, and was the first man in the kingdom below the king. It was at the marriage of "Tovi the Proud," who possessed this dignity a, that Hardacnute expired. Elgar, or Algar, often noticed as a member of the Witenagemot in the charters of the Confessor, was im prisoned by the Conqueror, and kept in chains tiU his death, — a sad proof of his importance and quahty b. Many "Stal- a Tovi le Prude, qui totius Anglice post regem, primus Stallere sive Vexillifer Regis, monarchiam gubernabat. . .IUe tunc in re- motis Anglice partibus degebat, regiis implicitus negotiis, secundus a Rege, sicut qui prae caeteris terrae magnatibus curam omnium gerebat, et regi proximus in consUio, et praecipuis regni causis' assistebat. (Waltham Chron. Bib. Cott. Julius D vi, f. 80.) [Tofig the Proud, who, next after the king, used to direct the government of the whole of England as Staller or King's Banner Bearer. At that time he was living in a remote part of England, engaged in the King's business. He was second to the King, as one who took over the care of everything in preference to the rest of the magnates of the Land; and he was next to the King in councU and was present at the chief judicial causes of the Kingdom.] b Algarus quidam Stallare possessionem Ulam invadit, invadens possedit, possidetis velut proprio abuti ccepit, jamque indebite possessor est fact us. cui juste foret alienus. Abbas vero praefatus Wlfricus et fratres loci eum sedulo hcet frustra re- quirentes, cum nihU apud eum profecissent, piurn regem Ed wardum adeunt, de indebita hostis pervasione conquerentes, illius suffragium implorant, sed Ule rebus et honore subhmis nee Deum nee hominem verebntur, Regiis jussis nequaquam obtemperans, ilium imitabatur qui dixit. Ponam sedem meam ad aquilonem et ero similis altissimo, sed sicut Ule de ccelo in internum ruit, sic iste per superbiam et abusionem in scandalum et opprobrium cadendus est. Normannis Dei judicio Angliam beUo citius ob- finentibus, qui usque ad diem mortis ejus cum pluribus aliis in ergastido carceris ferro astrietus, mox retrudendus erat. Fratres autem, cum in gratiam nee prece nee promissis ipsius ammum flecti cognovissenl, jaeulo anathematis eum ferire adgressi sunt, nee sententiam super eum ullo die praetermittebant. Quod ule Proofs and Illustrations 679 leres" are noticed in the writs of the Confessor; probably Part n. there was a Constable in each shire. The Anglo-Saxon title is derived from SteaU, in plain English, the Stall, Horse-Stall, or Stable: but the authorities adduced leave no doubt as to the nature of the dignity. The Chamberlain, — " Bur-thegn," — or " Cubicularhts." The Enghsh language affords many curious proofs of the simplicity of ancient architecture . To " timber, ' ' getimbrian, is to buUd. In that very famiUar term, "Lobby," so modern diutius parvipendens, licet magnus et potens in regno, uti Regis Ccmstabularius, ab Ecclesia eliminatus et fidelium consortio, ad correctionem, vix tandem cunctis jam detestabilis effectus, com- pulsus est pervenire. (Hist. Eliens. p. 512.) [A certain Algar, the Staller, forcibly entered this property and took possession of it and began to use it as his own, and had made himself master of what was rightly another's. The aforesaid Abbot Wulfric and the brethren of that place sought satisfaction from him repeatedly, but to no purpose. And so when they had no success with him, they go to the good king Edward and complain about the unlawful invasion of their enemy and beg his aid. But he, being a man of high position in wealth and honour, feared neither God nor man, and by disobeying the commands of the King, imitated him who said "I will place my seat in the North and I wUl be Uke unto the most High," but just as this one fell headlong from heaven to hell, so he through his arrogance and violence was destined to fall into shame and disgrace. When the Normans, by the judgment of God, quickly took possession of England in battle, he was soon destined to receive a thrust back, by being bound in chains in a prison with several others until the day of his death. Moreover the brethren, when they saw that his mind could not be influenced in their favour either by prayer or by promises, attacked and smote him with the weapon of the greater excommunication, nor did they faU on any day to repeat the sentence they had pronounced against him. This for a long while he thought lightly of, though he was a man of great power in the Kingdom as the King's Constable, but after he had been placed beyond the pale of the Church and ejected from the company of the faithful, he was forced to make amends, having by this time become an object of detestation to almost everyone. (History of Ely, p. 512.)] 680 Proofs and Illustrations Part ii. in its sound, and so inseparably associated in our ideas with the Theatre Royal and the House of Commons, the etymologist can easily trace the "Laube," the leafy arbour raised in front of the more substantial dwelling11. And the Bur, or Bower, was the chamber, the habitation of royalty. The Bur-thegn b, a The root of the word, Leaf, runs through aU the variations of Loff (Dan.), Loaf, Loove (Belg.) and Laub (Germ.). From the latter is formed Laube, any kind of leafy shade, whether a hut or tabernacle constructed of the branches of trees, or an arbour or covered walk, or a deambulatory in front of any budding, — Labia, Laubia. — Portions operta ad spatiandum idonea aedibus adjuncta — Gallerie — ex Theutonico, Laub folium, quod ejusmodi deambulatoria in praediis rusticis foliis obducantur et operiantur. (Du Cange). [A portico, a covered place suitable for walking attached to houses — from the German Laub a leaf, because in country properties walks of this kind were covered and shaded with leaves.] But in the usual process of language the primary idea was soon obscured ; and in Italy, in the eleventh century, they began to apply the term to any arched portico, or Lobia of other materials. — Juxta Lobiam marmoream . . . . Lobiam sub diversis arcubus complevit (Galvanus Flamma, apud Muratori, xii. p. 1015) ; [Next to a marble Lobby. . .he completed the Lobby under arches which turned in various directions] and by another inflection, from Lobia or Lobgia, the Italian Loggia is evidently derived. b Burden, Burhegn, Cubicidarius, Camerarius (Ancient Glos sary quoted by Lye). The foUowing passage is one of the many in which we find a notice of the deposit of a concord in the Treasury, under the care of the Chamberlain. — Ut igitur hoc totum apud generationem nascituram robur solidum et per petuam obtineret firmitatem, decrevit Rex omnia, ordine quo gesta sunt vel relata, literis Anglicis ad monimentum futurorum declarari, ejusdemque scripti medietatem in gazophUacio, ubi quaecunque habebat prsecipua et pretiosa, erant reposita, ab Hugolino cubiculario dUigenter conservari. (Hist. Rams. p. 458.) [In order that the whole of this therefore should have enduring vigour and lasting force for generations yet unborn, the King decreed that everything should be set forth in English characters in the order in which it had happened or had been told, for a remembrance to those to come, and that one copy of this same written matter should be carefuUy preserved by Hugolin the Chamberlain in the treasury, where he kept ah important and precious things. (Chronicle of Ramsey, p. 458.)] Proofs and Illustrations 681 the Thane of the Bower, seems to have begun by holding Part n. the King's purse : he obtained possession of the King's Hoard much about the same time that the ChanceUor began to keen the King's conscience. Huqoline, the Chamberlain of Hugoiine, the r ° Chamberlain or the Confessor, was much more vigUant over the treasury Bowerthane of ° ^ Edward the than his good Master. It chanced that Edward was lying confessor. in bed, and, as it appears, in the day-time, when the Cham berlain came in, and busied himself about the chest which held the King's money, either putting somewhat in, or taking somewhat out : and then he quitted the bower, for getting to lock the chest. The King saw him, and so did the httle Scullion-boy, who, fully persuaded that the Con fessor was asleep, crept softly to the tempting hoard, and tilling his bosom with the gold, he softly stole away. — The king saw him, but said nought. — Having safely deposited his acquisition he ventured a second time into the king's chamber, made a second attempt, and was equaUy successful. — The king saw him, but said nought. A third time he approached the hoard, and then Edward, alarmed, not for the safety of his money, but for the safety of the thief, ex claimed, — "Have a care, boy, and be off with what thou "hast; for if HugoUne finds thee out, not a penny wiU he "leave theea." The Lord Chamberlain stiU displays the "Key" as the token of the office ; and the chirographs of fines and other jf" ^ L" legal records, yet deposited in the nominal custody of the Treasurer and Chamberlains of the Exchequer, attest the manner in which these Anglo-Saxon usages were continued hy the Anglo-Norman kings. The Grand Carver, "Disc Thegn," or "Dish Thane." Alfheah10 and Ethelmar0 are upon record as holding this office, a Ailredus de Vita et Miraculis Edwardi Confessoris, p. 376. [Ailred on the Life and Miracles of Edward the Confessor.] " Liber Abbendonae, f . 154. Bib. Cott. Claudius C ix. c Ego Mthelredus Anglice Rex, hoc ecclesia! Christi privi- legium ex auctoritate Christi confirmo. Ego Aelfricus, Ecclesiae Christi Archiepiscopus, boni regis munificentiam signo crucis in aeternum corroboro. Ego Wulfstanus, Londoniensium Episcopus, Domini mei nobUi dono semper consentio. Ego Mlfheah, Wm- 682 Proofs and Illustrations Part II. toniensium Episcopus, hoc antedicti Regis scriptum meis viribus confirmo. Ego Ordbyrhtus, Episcopus, idem hoc cum Dei bene- dictione feci. Ego Athelricus, Episcopus, hoc idem feci. Ego Athulfus, Episcopus, hoc idem feci. Ego Godwinus, Episcopus, onme hoc idem feci. Ego Lyfing, Episcopus, Domini mei volun tatem ct, bonitatem in aeternum confirmo. Kgo Wulfricus, Abbas, verus testis. Ego Mlfwardus, Abbas, similiter. Ego Wulfgar, Abbas. Ego Mlfsige, Abbas. Ego Leofric, Abbas. Ego Wighard, Abbas. Ego Mlfricus, Senator. Ego Mlfhelmus, Senator. Ego Leof winus, Senator. Ego Leofsiga, Senator. Ego Mthelmcerus, Do mini mei Dapifer, testor. Ego Ordulphus, itidem verus testis. Ego Eadricus, fidelis testis. Ego Byrhtricus, Regis Minister, testor. Ego Mthelricus, Senior, fidelis testis. Ego Leofricus, vestiarius, verus testis. Ego Siwardus, Regis Minister, hoc verbum fideliter testor. [I, Ethelred, King of England, do hereby confirm this privilege of the church of Christ in consequence of Christ's authority. I, Mlfric, Archbishop of the church of Christ, do corroborate for ever the munificence of the good King with the sign of the cross. I, Wulfstan, Bishop of London, do give unwavering con sent to the noble gift of my Lord. I, Mlfheah, Bishop of Winchester, do with aU my strength confirm this writing of the aforesaid King. I, Ordbyrhl, Bishop, have also done this with the blessing of God. I, Athelric, Bishop, have done the same. I, Athulf, Bishop, have done the same. I, Godwin, Bishop, have done aU the same. I, Lyfing, Bishop, do confirm for ever the good-wUl and kindness of my Lord. I, Wulfric, Abbot, a true witness. I, Mlfward, Abbot, like wise. I, Widfgar, Abbot. I, Mlfsige, Abbot. I, Leofric, Abbot, I, Wighard, Abbot. I, Mlfric, Senator. I, Mlfhelm, Senator. I, Leofwine, Senator, I, Leofsige, Senator. I, Mthelmcer, Butler of my Lord, do bear witness. I, Ordulph, also a true witness. I, Eadric, a faithful witness. I, Byrhtric, the King's Thane, do hereby bear witness. I, Aethelric, Ealdorman, a faithful witness. I, Leofric, Keeper of the Wardrobe, a true witness. I, Siward, the King's Thane, do faithfully attest these words.] In the Anglo-Saxon duplicate of this instrument we have equally the description of the king's household officers, and more fully than in the Latin text. Ic Mthelmcer, mines hlafordes Discthegen, gewitnys. Ic Byrhthric, cynges thegen, gewitnys. Proofs and Illustrations 683 The Keeper of the Wardrobe, or " Hrjsgel Thegn." Part n The word "Hrcegel," garment, is preserved in "Night rail," which has only become obsolete since the days of Addison. Possibly, the "Hrcegel Thegn" is the same officer as the Cubicularius, or Thane of the Bower. The Privy Counsellor, or " Thegn .et Rjede and mt Run AN." Under the special denomination of "Thegn at rcede and cet runan," he is mentioned only in one document ; rcede is counsel — run or runa implies both counsel and secrecy*. This functionary was, therefore, a Privy CounseUor — Rune- mede, as is weU known, was the field of private council. The Redesmen, Rcedegifan, or counsellors, occur in the chronicles and in the more precise language of the charters b ; and they appear in the very remarkable writ or patent issued by Ic Leofric, hraegel thegen, trywe gewitnys. Ic Syward, cynges thegen aet raede and aet runan, thisre spraece trywe gewitnys. (ConcUia, Vol. I. pp. 283, 284. )x [I, Mthelmcer, my lord's dish-thane, witness. I, Byrhtric, king's Thane, witness. I, Leofric, RaU-Thane, a true witness. I, Syward, king's Thane and privy counsellor, true witness of this grant.] a To rune gegangan — To go to or to take counsel. b See Sax. Chron. p. 211, and above, p. 323. This station gave great consequence, as appears from the foUowing instance : — Hemingius, or whoever was the compUer of the chartulary, is relating a conversation with Bishop Wulstan, who told him how the Church had acquired Clent and Terdebrigg. Dixit enim quendam decanum loci istius extitisse, Egelsium nomine, nobUem valde, et prudentem, tam in monasticis quam in secularibus actionibus, in tantum, ut inter consUiarios Regis connumeraretur, et esset inter eos satis conspicabUis. Hinc factum est ut in divitiis et pecuniarum abundantia plurimos majoris ordinis pre- celleret, &c. (Heming, p. 277.) [For he said that a certain dean of that place, by name Egelsi, was a very noble and prudent man, both in matters connected with monasteries as well as in secular matters, to such an extent that he was numbered among the King's counsellors and amongst them was a man of some distinction. Hence it came to pass that in wealth and abundance of money he surpassed most men of higher rank, etc. (Heming's Chartulary, p. 277.)] 684 Proofs and Illustrations Part ii. Henry III. a, pursuant to the Provisions of Oxford, the last official document in that dialect which may be termed » Henri, ]mrg Codes fultume King on Engleneloande, Lhoa- verd on Yrloand, Duk on Normandie, on Aquitain, and Eorl on Aniow, send igretinge to all hise holde, Uaerde and Uaewede, on H unlendonschir . baet witen ge wel alle. j?at we wiUen and unnen baet, baet ure rwdcsmen alle, ober te moare dael of heom, baet beob ichosen burg us and J'urg fiaat loandes folk on ure kuneriche, habbeb idon and schullen don in be worbnesse of Gode, and on ure treow}>e, for the freme of ]>e loande, J'urg be besigte of ban toforen iseide redeSmen, beo etedefaest and Uestinde in aUe binge abuten aende. And we hoaten alle ure treowe in be treowbe baet heo us ogen, bast heo stedefaestliche healden, and swerien to healden, and to werien bo isetnesses baet beon imakede and beon to makien, burg ban toforen iseide raedesmen, ober burg be moare dael of heom, alswo alse hit is biforen iseid. And baet aehc ober helpe, baet for to done by ban Uche obe agenes alle men, rigt for to done and foangen, and noan ne nime of loande ne of egte wher)mrg bis besigte muge beon Uet ober iwersed on onie wise. And gif oni ober onie cumen her ongenes, we widen and hoaten baet aUe ure treowe heom healden deadliche ifoan. And for baet we wiUen, b*t bis beo stedefaest and lestinde, we senden gew bis writ open, iseined wib ure seel to halden amanges gew ine hord. Witnesse usseleven aet Lunden bane egtetenbe day on be monbe of Octobr, in be two and fowertigbe geare of ure cruninge. And bis wes idon aetf oren ure isworene redesmen, — Bonefaci us, Archebischop on Kanterbur'. Walter of Cantelow, Biscop on Wirechestr'. Sim' of Munifort, Eorl on Leirchettcr. Richard of Clare, Eorl on Glowches! r and on Hartford. Roger Bigod, Eorl on Northfolk and Marescal on Engkneloand. Perres of Sauveye. Will of Foil, Eorl on Aubemark. Johan of Plesseiz, Eorl on Warewik. Joh' Gcffrcessunc. Perres of Munifort. Ric' of Grey. Roger of Mortemer. James of Aldithel, and aetforen obre moge. And a I on l'o ilche worden is isend, into aeurihce obre shcire over al b;ere kuneriche on Engleneloand and ek intel Irelonde. (Rot. Put, 43 Hen. III. m. 15.)1 Henry, by God's help. King of England, Lord of Ireland, Duke of Normandy, of Aquitaine. and Earl of Anjou, sendeth greetings to all his lieges, learned and lewed, of Huntingdonshire: Proofs and Illustrations 685 Anglo-Saxon : and after which we find no public instrument Part ii. in the vernacular language until the reign of Henry V. The term Rcedbora, sometimes rendered "consul," is applied, in the Devonian compact, to the magistracy of the Britons. (Part '¦ p- 388.) This know ye aU weU, that we wUl and grant that what our Raedesmen aU, or the most of them, that be chosen by us, and the landsfolk of our kingdom have done, and shall do, for the honour of God, and under their aUegiance to us, for the benefit (or amendment) of the land, by the provision of our aforesaid rsedesmen, be stedfast and lasting in all things, ever without end. And we command all our liege people in the fealty that they owe us, that they stedfastly hold and swear to hold (or keep) and to defend (or maintain) the statutes (or provisions) which be made, and shaU be made, through those aforesaid Raedesmen, or by the more part of them, aU so as it is before said ; and that they each other help to perform, according to that same oath, against all men, doing, and causing right to be done : and let no one make any distress of land or goods, whereby this provision may be hindered or worsened in any wise : and if any , person or persons oppose this provision, we wUl and command that all our liege people them hold for deadly foes ; and because we wiU that this be stedfast and lasting, we send you this patent writ, signed with our seal, to be kept amongst you in Hoard. Witness our self at London, the 18th day of the month of October, in the two and fortieth year of our coronation ; and this was done before our sworn Raedesmen, Boniface, Archbishop of Canterbury. Walter of Cantelow, Bishop of Worcester. Simon of Montfort, Earl of Leicester. Richard of Clare, Earl of Gloucester and of Hertford. Robert Bigot, Earl of Norfolk, and Marshal of England. Peter of Savoy. William of Fort, Earl of Albemarle. John of Plessis, Earl of Warwick. John Fitz-Geoffrey. Peter of Montfort. Richard of Grey. Roger of Mortimer. James of Aldithley. And before other kinsmen. And in these same words is sent into every other shire over all the kingdom of England, and also into Ireland. (Patent Rolls, 43 Henry III. fifteenth membrane.) 686 Proofs and Illustrations Part II ALDERMEN AND EARLS. AUermen. wide Ealdorman, or Elterman, appears to have been originaUv application of the x x & J ,iUt the principal title of honour amongst the Teutons, — Sheik has the same meaning, — Senior and Senator the like, — aU pointing out the patriarchal origin of authority. The Saxons used the term with considerable latitude. Thus did they designate the first leaders of their tribes, who conducted their ancestors from Germany,— the founders of the royal lines, — the chieftains of the Scots, — and the Subreguli who governed the subordinate kingdoms2. AU those who in the Latin charters are styled "Principes," "Duces," or "Comi tes," were also Ealdormen in their various ranks and degrees : consequently the title is so interpreted by the judicious com piler of the Historia Eliensis (p. 466), "Surrexere viri poten- tes, videficet Egelwinus qui cognominatus est Alderman, quod inteUigitur Princeps, sive Comes, et fratres sui, dicentes quod pater eorum, Adalstenus Alderman, pro patrimonio suo, quod erat in provincia, quae dicitur Defene, terram Ulam cambierat" [There arose powerful men, to wit, Egelwine, who bore the title of Alderman, which means Prince or Earl, and his brothers, saying that their father Athelstan the Alderman had exchanged that land for his patrimony, which was in the province which is caUed Devon]. During the Saxon period, I am not aware that "Alderman" is ever a Here arrived two Ealdormen in Britain, Cerdic, and Cynric his son, with five ships. (Sax. Chron.) Osuald . . . misit ad majores natu Scottorum, &c. (Beda, iii. 3.) [Oswald sent to the aldermen of the Scots, etc.] tha sende he to Scotta Aldormonnum, ke. (Alfred's Version.) [So he sent (envoys) to the aldermen of Scotland.] cujus episcopatus tempore, devictis atque amotis subregulis, CaeduaUa suscepit imperium. (Beda, iv. 12.) [And in the time of his episcopate, when the subordinate kings had been defeated and removed, CaedwaUa undertook the government.] On tines biscopes tide waron oferswitb.de and geflymde tha aldormen. (Alfred's Version.) [In this bishop's time, the aldermen were overpowered and expelled.] Proofs and Illustrations 687 specificaUy applied in the written laws to the Magistrates Part n. of Towns ; but so many of the Burghs were reaUy Shires or Hundreds, that any of the numerous regulations speaking of Aldermen in general, would equaUy apply to those who held the Court within the waUs. London in particular seems to have had Aldermen from time immemorial, and the honours which they possessed in the middle ages of our history, may perhaps be received as affording some evidence of their station in the olden time. After the Conquest, when tbe title of Ealdorman became disused in the higher orders of the state, the municipal magis trates continued in undisturbed possession of the name. The title continued to hold its station in the Moot HaU, because it was forgotten in the Parhament. Tbe Aldermen noticed in the laws as holding the Shire Courts, seem in most in stances to have been the hereditary rulers of the country. The laws of Henry I. speak, however, of special Aldermen of the Hundred, who presided in the Court, and administered Hund5dnchosen justice a An officer styled the Alderman of the Hundred, and appe™rSg chosen by the Suitors, and who represented the Hundred, insentativeofthe the Court of the Shire, existed tiU the reign of Edward I.b coUnt/ court. » LL. Hen. I. c. 8. b Sussex. Juratores dicunt, quod Baronia de Aquila est escaeta Normannorum, quae est in manu Dominae Reginae matris Regis nunc, et sunt in eadem Baronia lxu. feoda militum quae pertinent ad custodiam Castri de Pevenes. Et Hundreda Baronia dant ad auxilium Vicecomitis ix I. xvii s. vi d. per quod Barones et Mihtes tocius Baronia? quieti sunt de secta ad Comitatum, salvis Aldermannis Hundredorum qui faciunt sectam ad Comi tatum pro Hundredo. Et praedicta Baronia valet per annum eccl. Et Castrum de Pevenes pertinet ad coronam. (Rot. Hundr. 3 Edw. I., vol. IL, pp. 204, 205.) [Sussex. The Jurors say that the Barony of Aquila is an escheat of the Normans, and this Barony is under the hand of the Lady Queen, the mother of the present King, and in this same Barony there are sixty-two knights' fees, who belong to the guard of the castle of Pevensey. And the Hundreds of the Barony give to the Sheriff's aid £9. 17s. 6d., whereby the Barons and Knights of the whole of that Barony are quit of suit to the County Court, with the exception of the Aldermen of the Hundreds who do suit to the County Court on behalf of the Hundred. And the aforesaid Barony is valued at £300 per 688 Proofs and Illustrations Part II. He then performed only the humble duties of a Beadle. He is indicted as a nuisance, inasmuch as he had no other fee or salary, save what he could extort from the people, and the disreputable office feU into disuse; yet he does reaUy appear to have been the degenerate, though legitimate successor of the ancient functionary. EARLS. The title of Earl as denoting a specific dignity, introduced by the Danes, though The authority of Ethelwerd seems to be conclusive, that in his time, the title of Earl, if considered as denoting a specific dignity, was not employed by the Anglo-Saxons"; annum. And the castle of Pevensey belongs to the Crown. (Hundred RoUs, 3 Edward I., vol. II. pp. 204, 205.)] Sussex. Juratores de Rutherbruggr, dicunt quod Hundredum istud est in manu Ricardi de MundeviU et valet per annum duas marcas praeter communem finem, quem baUivi illius Hundredi percipiunt pro pulchere placitando, et nihUominus occassionant ipsos pauperes et innocentes, de omnibus quaerelis, ac si nihil darent. Et praeter hoc est ibi quidam BedeUus qui vocatur Aldreman, qui dat pro balhva sua per annum quatuor marcas et nilxU habet de certo de quo possit dictam firmam levare, nisi quod poterit extorquere de populo sibi subdito, et injuste. Et aliquo tempore solebant hujusmodi bedelh eligi per sectatores Hundredi ; et tunc parum vel nihil dederunt pro balhva sua. (Rot. Hundr. 3 Edw. I., vol. II. p. 214.) [Sussex. The jurors of Rotherbridge say that this Hundred is in the hand of Richard de MundeviUe and is valued at two marks annuaU}7, not reckoning the common fine which the bailiffs of that Hundred acquire for fair pleading, and neverthe less they burden with payments the poor and innocent for aU plaints, as if they gave nothing. There is besides in this place a certain Beadle who is called Alderman, who gives for his baUliwick four marks per annum and has nothing from which he can raise this rent except what he may be able to extort from the people subject to him and that unlawfuUy. At one period of time beadles of this sort used to be elected by the suitors of the Hundred ; and at that time they gave little or nothing for their bailliwiek. (Hundred Rolls, 3 Edward I., vol. II. p. 214.)] " "Thulecim consules ruunt " [Eleven consuls came to dis aster], says he, speaking of the defeats sustained by the Danes, Proofs and Illustrations 689 but it certainly designated a person of noble race. This is part n. the form in which it is employed in the laws of Ethelbert. always used by _-, . 7 7 r,, i .. .. ,, the Anglo-Saxons The Earl and the Churl are put in opposition to each other, as expressive of <• ¦ r777 7 ,. high and dis- as the two extremes ot society. The laws of the Kentish anguished birth. King, and the traditional customs of the age of Athelstane a, describe the Earl-kind race, as the highest order of subjects : they are placed above the Ealdormen, and if that last men tioned term be taken in its more usual technical sense, as denoting the Hereditary rulers of the smaller tribes, there may be some reason for the supposition that, in this par ticular instance, the title of "Earl" denotes the "Athelinqs," caw supposed by ° some to be the immediate descendants of the sovereign; and the tra- equivalent to & ' Atheling. ditionary opinion that the sons of the King of England were Earls by birth b seems Uke a reminiscence of Anglo- Saxon pohcy. In the more general sense, however, Earlship or Earldom was only high nobility ; and very long after the title was appropriated by law to the Peer of Parliament, the Yeoman of the North continued to bestow this title upon Gentlemen of ancient descent and honoured farnily. When Johnny Faw, the Gipsy, is described as the "Earl of Lower Egypt," it is only the same appUcation of the idiom of the old time. The Scandinavians gave the title of "Earl," or " Jarl," to the Chieftains who ranked immediately below the King. It is said that, originaUy, persons of royal blood and Uneage "quos illi Eorlas soient nominare, et Rex eorum unus" [whom they were accustomed to caU Earls, and one of their kings. (Ethelwerd's Chronicle, iv. 3.)] The root of Earl, or Iarl, may also be discerned in vpais, Herr, Herus. a WUkins, p. 70. b "The second sort of Earls are Earls by birth, and so are all the sons of the Kings of England, if they have no other dignity bestowed upon them." — So asserted by Doddridge, in his argu ment in the Bergavenny case (CoUins, p. 102). I cannot trace the doctrine higher, but it has every colour of antiquity. What are the rights of the younger sons of the Kings of England, supposing they are not advanced to the peerage by the usual mode? They are now mere commoners: their persons may be arrested upon civil process; and if arraigned of felony, they would be tried by a common jury. But it is difficult to believe that in the old time they were destitute of every dignity and nobility. p. vn. 44 690 Proofs and Illustrations Norwegian Earls, or darls. Partii. could alone claim this dignitya. The "Hird Skrd," or " Jus Aulicum Norwagice," compiled in the thirteenth century, distinguishes a class of Earls who appear in the nature of Viceroys, — they administered the " Skatlande," or countries tributary to the crown of Norway. Harold, the father of Haco, is said to have first appointed official Earls of this nature b. Such an Earl governed every district, or Fylki, receiving one third of the revenues as his salary. Another class of Earls consisted of those rulers who held their Earldoms, not as the King's Viceroys, but as their Feuds or property. The writer of the "Hird Skra" repre sents such territories as obtained from the free bounty of the King, and granted by his grace and favour. That the Jarldoms or Earldoms, given as appanages to the members of the royal famUy, were of this class, may be conceded, but a different origin must be assigned to the authority possessed by those Jarls who may be styled the mediatised Princes of the North. The mode by which they were displaced from a higher rank, is instructively displayed in the foUowing singular example, which throws much hght upon Anglo- Saxon history. There were two "Kings" in Naumedale, in Norway, Hroifaug, Kngs Herlaug and HroUaug, who, during three years, employed themselves and their subjects in raising a mound or tumulus, which, according to Snorro, was composed of stone, lime, and timber. At the top thereof was a seat, on which they held their Court as Kings. Scarcely was this HiU of Estate com pleted, when Harold Harfager approached with his army. Resistance was hopeless, but Herlaug would not submit to any superior. He entered the chamber of the tomb, beneath the mound, accompanied by twelve trusty foUowers, who, with their Lord, abandoned for ever the fight of day. Meat and drink they took with them, but the earth was cast upon them, and they never emerged again. HroUaug now as cended the eminence, and seated himself as King in the » Ihre, I. p. 964. The -great, Earl of Whitfield," the enemy of Hobbie Noble (Border Minstrelsy, I. p. 245), was only an individual of a good old family, and proprietor of a large demesne. The "Earls of Soeburn " were gentlemen of the same class. (Surtees's Durham, II. p. 209.) " Harald's Saga, p. 100. History of Herlaug and in Norway. Proofs and Illustrations 691 royal throne. Having done so, he descended, and took his Part n. place on the under-bench, whereupon the Jarls were used to sit, and, in presence of the people, he declared that he assumed the name and title of a Jarl. Harold had now entered the territory, and HroUaug, humbly drawing nigh unto the King of aU Norway, surrendered up his little king dom, and offered himself to Harold as his Man ; and Harold Hroiiaug sur renders his king- took a sword and bound it to HroUaug's side, and he hung *>m to Harold 0 ° Harfager, and a shield round HroUaug's neck, and created HroUaug his receives it jack ° ° as an Earldom. Jarl, and then he conducted HroUaug to the "high seat" or throne, and gave him seisin of the dominion of Naumedale, no longer a Kingdom, but a Lcen, and placed him as Jarl to rule over and govern the same a. It may be here remarked, that great importance was attached to the title of King : and, even as Harold acted with respect to this "Fylkis Konung," so did Edred, when he suppressed the royal title in Northumbria, and converted the province into an Earldom b. The privUeges and rights of the Anglo-Saxon Earls, in Angio-saxon the reign of the Confessor, are ascertained with considerable Rights of the distinctness from Domesday. In Deira, or Yorkshire, the inathe°reign'roi Earl had nothing in the King's demesne manors, nor the adduced efor°the King in the Earl's. The King had "four high ways," three pHf^lthe* by land0, and one by water, and aU forfeitures incurred of the dignity. a Snorro, Harald's Saga, cap. 8. The vassalage, and the conversion of the Riki, or kingdom, into a Lcen, are expressed with great precision. Eptir that for Hrollaugr moti HarroUdi Kbnungi, oc gaf honum alt riki sitt, oc baud at goraz hans madr. Tha tok Harraldr Konungr sverd oc festi a lindi honum, tha festi hann skiolld a hals honum, oc gerdi harm Jarl sinn, oc leidde hann i ha-setti, tha gaf hann honum Naumdasla fylki oc saetti hann thar Jarl yfir. [After that fared HroUaug to meet King Harald, and gave him up aU his realm, and prayed to become his man ; then took King Harald a sword and did it on to his girdle, then hung a shield about the neck of him, and made him his Earl and led him to the high seat ; then he gave him the Naumdale folk, and made him Earl over them. (Trans lated by Morris and Magniisson, Heimskringla, 1. 94.)] " See above, pp. 593, 594. c Probably such of the Roman ways as traversed the country (see above, p. 189). 44—2 692 Proofs and Illustrations Part ii. thereupon were divided between the King and the Earl — the proportion is not mentioned, — whether the way passed through the land of Archbishop, Earl, or King. Peace, given under the King's hand, or by his seal, was compensated by "twelve hundreds"; if by the Earl, haK was paid. He who was outlawed by the King could only be pardoned by the King. But the Earl or the Vicecomes could outlaw in like manner, and theirs was the pardon of such outlawry. Thanes who had "sake and soke" forfeited to no one but to the King and to the Earla. The rights in other shires vary in details, but agree in principle. GeneraUy speaking, the Earl received one third of the land-gable or rent, paid by the shire-town ; and this proportion of the gable, as weU as of the market-toll and the legal fines, seems to have been due of common right when not otherwise expressed" ; in the Anglo-Norman age this third penny was inseparable from the Earldom. In the shire which he ruled, the Anglo-Saxon Earl was next only to the King0. The official Earls had probably the same rights as those who held their territories by a feudal right, and it is there fore difficult to distinguish between the two classes. The greater part of the Danish Earls appointed by Canute seem to have been of the official class. But aU the great Earls under the Confessor evidently considered themselves as Peers, and as equaUy possessing vested rights, which could not be legaUy assaded by the King. a Domesday, Everwicscire, 29S. b Comitis rectitudines, secundum Anglos, ista? sunt communes cum Rege, tertius denarius in villis ubi mercatum convenerit, et in castigatione latronum. (Text. Roff. p. 45.) [The rights of the Earl, according to the English, these are held conjointly with the King; the third penny in the towns where a market assembles, and in the punishment of robbers. (Rochester Text. p. 45.)] 0 Thus, Orm Camalson dates the building of the church of Rydale, — "In Edward dagum Cyng, and hi Tosti dagum Eorl" (Arch. V p. 90), In the days of Edward the King and of Tosti the Karl. Proofs and Illustrations 693 Part II. TENURES. Bocland and Folkland — LxEnland — Heriots — Services. Bocland derived its name from the mode" of its creation, Bociand,— . i.e. land granted and included many classes of tenure. In its primary sense, °y "/am/toc," * x ^ or charter. Bocland signifies land granted by landboc or charter. Such a grant proceeded from the compact of the parties; the tenure, and the conditions according to which it was held, might, therefore, be subject to the greatest varieties. Afeorm or rent might be reserved, or the land might be wholly free. The property might be held for fives or at will, for services, certain or indefinite, or with no reservation of services a. Bocland constituted the one principal genus of terri- possesfed bTn torial property. The other was Folklandb, of which we u^™0"* a Allen's Inquiry, p. 155. b From the import of the foUowing passage it is evident that the two qualities of Bocland and Folkland comprehended aU the land respecting which a claim of right could be raised (Edward the Elder, 2). Eac we cwaedon hwaes se wyrthe waere the othrum rihtes wyrnde, athor oththe on boclande oththe on folclande, 7 thaet he him geandagode of tham folclande hwonne he him riht worhte beforan tham gerefan. Gif he thonne nan rihte nsefde ne on boclande ne on folclande, th«t se waere the rihtes wyrnde scyldig xxx sciU. with thone cyning, aet othrum cyrre eac swa: aet thriddan cyrre cyninges oferhyrnysse, thaet is cxx scill. buton he aer geswice1. [We have also declared to what penalty he is liable who refuses to another satisfaction by legal procedure, be it with reference to book-land or folk- land, and that the plaintiff should appoint him a day respecting the folk-land when the defendant may do him right before the judge. But if the plaintiff can get no justice, whether with reference to book-land or folk-land, that the defendant who has refused justice should be liable to the king for thirty shUlings and on the second occasion for a like sum, and on the third occasion for the penalty of disobedience to the king, that is one hundred and twenty shUlings, unless he previously abandon his refusal.] Laanland, though plainly distinguishable for some purposes 694 Proofs and Illustrations Part ii. know little more than the name. It is scarcely ever men tioned in the Anglo-Saxon muniments : and the paucity of notices concerning Folkland resulted, in aU probability, from its nature, viz. that the land derived under a charter, and held by immemorial custom and usage, was not affected by the ordinary modes of conveyance. After such land had become the subject of a written grant, it changed its nature, and was converted into Bocland a. Judging from the appeUation, for we have httle else to guide us, Folkland was land originaUy possessed by the nation, tribe, clan, or sept, but which had been aUotted, in severalty, to individuals. As the "trinoda necessitas," or the obligation of contributing to the "Fyrd," or military service, and to the repairs of the burghs and highways, is always expressed in the most general terms, Folkland must have borne the common burden. How Folkland was conveyed we know not. As there are no charters concerning it, we may suppose it was transferred in the presence of the Folkmoot, and by the delivery of some visible symbol. And speaking with less doubt and hesita tion, we can affirm that no testamentary disposition could alienate Folkland from the heir, and that it could only he affected by transactions inter vivos. Testamentary disposi- Testamentary tions were whoUy unknown to the' Teutonic nations6; at dispositions un known to the this day, such a power does not apply to lands held by copy hold or customary tenure. Strictly speaking, these lands are not Folkland, but they retain a great affinity thereto. They are Anglo-Saxon tenures, which, though much modified by the law of the later ages, have survived the Conquest. Copyholds, or customary tenements, as is weU known, are from Bocland, was probably included under that name, inasmuch as it was granted by Landboc or charter. a This is Spelman's opinion, — "Terra popularis, scihcet quae jure communi possidetur, vel sine scripto. Ei contraria quas Bocland dicitur"' [Folkland, to wit that which is possessed by customary law, that is, without written title. The contrary to that which is called Bocland]. Lye adds, "ad voluntatem domini, ccnsum annuum pensitans, et officns servUibus obnoxia" [at the will of the Lord, paying an annual tax and liable to servile duties], for which last assertion, adopted from Somner, no com petent ancient authority can be found. b Tacitus, Germania, 19. ancient Teutons. Proofs and Illustrations 695 not the subject of testamentary devise. If the tenant Part n. wishes to pass the lands to a devisee, he surrenders them to the use of his wiU. He comes into Court amongst his Peers, and declares, or makes known to the lord, that he wishes that the lands shaU go, after his decease, to such persons as he shaU name in his will. The superior is merely the medium through whom the land is transferred. He receives the land from the tenant, in order that it may be made to vest in the devisee. Such appears to have been the original nature of the The Angio-sawm ° Cwide, or be- Anglo-Saxon Cwide3', or bequest. The Tenant addresses v**< atransac ° x tion m the nature the King, and prays that his wishes may be granted, that °JJ^m"^ his wUl may stand ; and whenever the quafity of the land is Jj°"esrwaithe use not described, and the testator solicits the King to carry his intentions into effect, I agree in the opinion15 that the land was generaUy of the quality before described. The power of enabUng the owner to make a devise, was vested in the Crown. As chief of the, state, the King could convert Folkland into Bocland0. The Ucence is soficited humbly, and as a favour, and it is possible that it was a request which might have been refused, and that the King did not act entirely in a ministerial capacity : but the legal nature of the transaction is not impaired or affected by considering the permission as emanating from the prerogative of tbe sovereign. a Cyban or Cweban, — to announce, speak out, declare, or notify. In ordinary language we preserve the word in the de fective quoth. The Cwide was at first merely the last declaration of the will of the testator. But as the word " Will " has acquired a technical sense, so "becweban," to bequeath, was soon restricted to the declaration thus emphaticaUy made for the purpose of effecting the disposition of property. 6 Allen's Inquiry, p. 147. c And as such, the prerogative is enumerated amongst the "consuetudines regum inter Anglos " [the prerogatives of the Kings amongst the English]. Carta alodn ad a,ternam haeredi tatem. Forisfactura allodii et pretium eorum qui habent alodium quando ita profunde forisfaciunt se ipsos. (Text. Roff. p. 44.) [A charter of Book-land for everlasting heritage. The forfeiture of Book-land and the sum to be paid by those who hold Book- land, when they thus lay themselves open to such considerable forfeiture. (Rochester Text, p. 44.)] 696 Proofs and Illustrations Part II. Many of the grantsof Bocland ?robably only nstruments of conveyance, grounded upon resignations or surrenders. In many of the Bocland grants made by or in the name of the sovereign, a full and absolute enjoyment of the property during fife, and of bequeathing the same after the decease of the owner, is imparted by the Landboc. Bocland thus became synonymous with inheritance a. It is very possible that many of such charters or grants, appearing to proceed from the mere bounty and munificence of the King, were, in fact, formal conveyances, grounded upon resigna tions to a feudal superior, or resulting from a surrender of the Folkland, made by the owner for the purpose of receiving it back, with an unfettered power of disposition, both con jectures being supported by the jurisprudence of the Feudal Kingdoms. Other of these Landbocs were probably the grants made by the sovereign pursuant to a bequest. Once affected by such a grant, the Folkland lost its nature and became Bocland. The owner of the Bocland might direct the descent of the property in any way which he thought proper. The practice is evinced by numberless examples. The succession of the property was limited, varied, or re strained, as suited the wishes of the testator, and the law protected the entadb. The greatest proportion, however, of the Boclands were probably such as the sovereign granted to his Thanes as the price of their services, sometimes in perpetual inheritance, sometimes for one or more hfe or lives0. In such a case, if the tenant did not aUow the land a See above, pp. 301, 302, pieces 3, 4; pp. 307, 308, pieces 7, 8. The precedents there given are examples of the usual form. » Laws of Alfred, 37. c The power might be for three lives absolutely. The donor might have the power of nominating the "haaredes," or "yrf- weardes," after which the land reverted to the lord (see above, pp. 311—314, 323, pieces 11. 12, 13, 14. 19). It might be limited to two persons, "two milites" in succession, with a power to the seoond life, if he should survive, of naming one of his two brothers (Heming, p. 210) : to a man, his wife, and one of their cliildren (Heming. p. 1SS) : to a widow, with power to name the lives from her children, if she should leave any, but if not, then from strangers in blood (Smith's Bede, App. p. 771). A "Minister'' who had "earned" a grant of blood from his lord to himself and two of his heirs, makes his declaration or bequest that it shall go to his sou, who may give the same to whom he likes best, so as the donor be a male, or of the spear side. Ego Oswald,. . .A.D. 963, Proofs and Illustrations 697 to pass to his heir, he named the persons who were to take it Part n. after his death, sometimes by a memorandum on the charter, sometimes by his Cwide or bequest. There is an early and very remarkable example of a grant made by the Bishop of Worcester to Bertwulf, King of Mercia, for the purpose of purchasing his protection and defence, and to the end that he might be the friend and de fender of the See. This grant was made for five lives. After which the land was to revert to the Church a. Land thus granted for lives (see above, pp. 283, 284) (See above, constituted one of the classes of Lcenland. We have a l^ni *us , granted one of precedent of the renewal of such a grant : the charter by {J^JjlJ*8 °£ which Archbishop Oswald grants or gebooks three hides of land to his Thane or Minister b, is of this description. He held it as Lcenland before, but now he takes it back with a further estate, for three lives : and as long as they endure, the tenant need not pray to the lord for a renewal of his tenure. annuente Regi Anglorum Eadgaro, Mlfereque Merciorum Comite, necnon et famifiae Wiogornensis ecclesiae, quandam ruris par ticulam, . . . cuidam ministro meo nomine Mlfric, perpetua largi tus sum haereditate, et post vitae suae terminum, duobus tantum haeredibus immunem derefinquat, quibus defunctis ecclesiae Dei in Wigorna-ceastre restituatur. [I, Oswald, in the year A.D. 963 with the consent of Eadgar, King of the English, and Mlfhere, Earl of the Mercians, and also the brotherhood of the church of Worcester, have hereby bestowed a certain parcel of land, on a certain servant of mine, by name Mlfric, in life-long possession and after the span of his life that he may leave it freely to two heirs only, and that when they are dead that it may revert to the church of God at Worcester.] Then follows the cwide or bequest. Ic Alfric cybe minan leofan hlaforde, baet ic on iEbelsige, minan suna, baes landes be ic to gearnode aefter minan daege to habbanne his daeg, and aefter his daege tosyUane baun be him leofast seo, and baet seo on ba spere hand. (Heming, 134. J1 [I, xElfric, inform my dear lord that I grant to xEthelsige my son, the lands that I have enjoyed, to have after my day for his day, and after his day, to give to the person who is dearest to him, so that he be on the spear side. (Heming's Chartulary, p. 134.)] Sometimes the Precaria or Laen was only for one life, as in the grant of Cranfield made by the Monks of Ramsey to the Earl of Hereford. (See above, p. 521.) " Heming, pp. 5, 6. » See above, p. 312, piece 13. 698 Proofs and Illustrations Part ii. Lcenland, without doubt, included various classes of interest, and the lord might absolutely deny any right of perpetual inheritance. This is expressed with great pre- Liberuesof cision in the liberties of "Oswald's law." In whatever Oswald's law. 777 r manner the lands were lent tor the purpose of serving the Bishop, he who held the Laen or Loan was never to acquire any hereditary right in the same, nor claim it as his Feud except at the will of the Bishop, and according to the agree ment which they had madea. Force, however, overcame the law ; many of such " Loans " might be made to these powerful Tenants, who, if they once had possession of the land, were httle willing to surrender the deposit when the term had expired ; and it was in vain for St. Cuthbert to demand restoration of the Prcestita which had been granted to a Northumbrian Earlb. It is a Et hae praedictae ccc hidae fuerunt de ipsius dominio ecclesiae, et quocunque modo praestitae fuissent, et cuicumque prsestitae fuissent, ad serviendum inde episcopo, Ule qui eam praestitam terram tenebat, nullam omnino consuetudinem sibimet retinere poterat, nisi per episcopum ; neque terram retinere, nisi usque ad impletum tempus, quod ipsi inter se constituerunt, et nusquam cum hac se vertere poterat, nee jure bereditario eam usurpando retinere, aut feudum suum eam clamare poterat, nisi secundum voluntatem episcopi, et secundum conventionem, quam cum Ulo fecerat. (Heming, vol. I. p. 2S7.) [And these above- mentioned three hundred hides were demesne lands of the Church itself and in whatsoever manner they had been leased or to whomsoever they had been leased to secure therefrom knight-service for the Bishop, he -nho held the land that had been leased, could not retain for himself any customary pay ment at all, except through the Bishop; nor could he retain the land beyond the end of the time on which they had agreed between themselves, nor could he commend himself to any other with it, nor could he retain it by claiming hereditary right nor claim it as his fee, except in accordance with the wUl of the Bishop, and in accordance with the agreement which he had made with him. joining's Chartulary, I. 287.)] In the greater part, of the manors belonging to the see of Worcester, the tenants hold by demise in court for three lives. b Sunt autem nonnuUae terrarum possessiones, quas Aldhunus Episcopus sui temporis Comitibus Northanimbrorum, dum ne- cessitatem paterentur, ad tempus quidem praestitit. Sed vio- Proofs and Illustrations 699 most probable, that the tenant of Lcenland was a Thane, in Part n. respect of his Lcen or Feud, and hence, such land may have been sometimes called Thaneland, but this is a point of great difficulty. The "Holdath," or oath of fealty, seems to point at land held by conventionary tenure, such as the Lcenu before described. Land might be granted as the pay for domestic services. Lsni granted 00 x «/ upon condition — Eanswitha obtains a loan upon condition of washing ^^fdae and making the church linen a. Godwin, in granting his *"ices- lands, reserves the life-estates of his Dapifer and his Gold smith1'. Upon the death of every landholder, the sovereign or lentia comitum qui eis successerunt pene omnes eas a dominio ecclesia alienavit. (Sim. Dun. Hist. Dun. p. 29.) [Moreover there are some possessions in lands which Bishop Aldun, forced by the pressure of the times, loaned for a period to the Earls of Northumbria of his day : but the lawlessness of the Earls who succeeded them, alienated almost all of them from the ownership of the Church. (Simeon of Durham, History of Durham, p. 29.)] a Ideo ego Deneberht Episcopus, simul cum mea famUia on Wigernaceastre, hoc decretum definiendo confirmavi, ut terram illam Hereforda, cujus quantitas est ii. cassatorum, dabo Eanswithe possidendam, quamdiu ipsa vivat, si iUam post me superstitem in seculo derelinquo, ea conditione, ut ipsa sit semper subdita Wigornensi ecclesiae et ipsius famUie hoc modo, ut semper Ulius ecclesiae indumentum innovet et mundet, et augeat, et post quam ipsa viam patrum incedat, terra supradicta ad Wigor- nensem ecclesiam absque omni contradictione conscripta est. (Heming, p. 330.)1 [Wherefore I, Bishop Deneberht, have determined and con firmed this decree with my brethren at Worcester, namely that I shaU give this land at Hereford, the amount of which is two cassatos, to Eanswiih to be her possession as long as she lives, if I leave her living in the world after me ; on this condition that she be always a servant to the church of Worcester and its brethren in the foUowing manner : — that she do always make, wash and furnish the linen of that church. And after she has gone the way of her fathers, the above-mentioned land has been assigned to the church of Worcester free from all claims against it. (Heming's Chartulary, p. 300.)] " Hist. Rams. p. 420. 700 Proofs and Illustrations Part II. Heriots or reliefs due on the death of the landholder. the lord was entitled to claim the Here-geat or Heriot3: The extent of these payments, which, in the laws of William,. are termed Reliefs b, appears distinctly from the general declaratory Statute of the Dane. Eight horses, — four saddled and four unsaddled, — four helmets, four coats of maU, eight spears, eight shields, four swords, and two hundred mancusas of gold, were to be tendered by the heirs of the "Earl." From the heirs of the King's Thane (the Baron of the Norman text), four horses, — two saddled and two unsaddled, — two swords, four spears, four shields, a helmet, a coat of maU, and fifty mancusas of gold. The reliefs due from the inferior Thanes (the Vavassurs of Wdfiam's laws) differed in the three great divisions of the empire. In East Anglia and Mercia each paid two pounds. In Wessex no money is mentioned as due from the Thane, but his horse, his harness, his weapons, or his "halsfang,"1 his coUar of estate or "torques," became the property of the King. In "Dane law," the rate was more burdensome. The Heriot of the Thane or Baron who had "socne," or jurisdiction, was four pounds. But if he had made any further declaration or bequest, probably, if he had made his cwide2 concerning any Folkland which he wished to convert into Bocland, then two horses, — one saddled and one unsaddled, — one sword, two spears, two shields, and fifty mancusas of gold, and who had less, and was less able to pay, was to render two pounds. a Here-geat apparatus beUicus. (Lye.) Under the name of Herwede, Heergewette, Herwad, Hergewcede', and Hergerette, these gifts or payments were equaUy known to the German law. The distinction of the modern law, according to which the Heriot is due from the executors of the deceased, whilst the Relief is paid by the heir, was not known in these early times, and the distinction was equally unknown in ancient Germany. Hergette etiam est praestatio heredum. qui ut sueeessionem haereditariain in feudo relevent, vel equum defuncti vassaUi, vel alias res, vel pecuniae summam, offerre tcnentur Domino. (Halthaus, p. 884.) [Heriot is also a payment of the heirs who, in order that they may take up the hereditary succession in fee, are bound to offer to the lord cither the horse of a dead vassal or other articles or a. sum of money] b See above, p. 133. Canute, II. 69. Proofs and Illustrations 701 From the Lagemen, or territorial magistrates of Cam- Part li. bridge, as large a relief was exacted as from the Thane, together with a palfrey, and the arms of one knight or soldier a. A proof is hereby given of the rank which these magistrates possessed, and we also obtain a kind of certificate of the extent of land which they held. With respect to these functionaries, it is noticed, that in Stamford, though they had "sake and soke" over their men, yet the Heriot did not belong to them, but either to the Earl or the King6. If a Burgess of Hereford served the King on horseback, as a knight, his horse and his arms were delivered upon his death as a relief to the King. If he had no horse, then ten shillings were paid, otherwise the King became entitled to the burgage landc. The Burgess of Shrewsbury paid a relief of ten shillings'3. The hke was due in Chester, when the Burgess took up his land, or the land of his kinsman e. This sum, therefore, seems to have been the ordinary amount or average of the refief paid by this class of tenantry, and when no relief is due, the fact is expressly stated in the record1. Lastly, the Villain was to render his relief or heriot; and the best beast which he possessed, — horse, ox, or cow, — was to be presented to his lords, being, as is famUiarly known, the Heriot generaUy due from the Copyholder of the present day. The general outline of the system was varied by local l°^^°^s customs, some of which are noticed in Domesday. The representative of the Berkshire Thane was bound to present the hawks and hounds of the deceased to the King11. In a Grentebrigscire, p. 189. b Lincolnscire, p. 336. c Herefordscire, p. 179. d Sciropescire, p. 262. e Cestrescire, p. 262. f Euruicscire, p. 298. g Laws of the Conqueror; see above, p. 134. " Tainus vel mUes Regis dommicus, moriens, pro relevamento, dimittebat Regi omnia arma sua, et equum unum cum seUa, et alia sine seUa ; quod si essent ei canes vel accipitres, praesenta- bantur Regi, ut si vellet acciperet. (Berochescire, p. 56 b.) [A Thane or household Knight of the King upon his death used to send to the King as a relief all his arms and one horse with a saddle and other beasts without a saddle; and if he possessed dogs or hawks, they were presented to the King, to accept if he wished. (Berkshire, p. 56 b.)] 702 Proofs and Illustrations Part ii. Nottinghamshire, if a Thane held above six manors, the sum of six pounds was paid to the King in lieu of any refief. If he held that number or fewer, three marks of sUver were paid to the " Vicecomes a." The same custom prevailed in Yorkshire6, so that in a considerable portion of the Dane lagh, the general rate was increased by the usages of the country. And the Freeman holding of the great Lordship of Derby paid forty shillings, if he wished to have his father's lands0. In Kent, the King had relief from all the "AUodiarii," excepting certain persons, upon whose death the relief be longed to those who had the "sac and soke" of their lands". a Tainus habens plusquam sex maneria, non dat terrae re- levationem nisi Regi tantum octo hbras, si habet sex tantum vel minus, vicecomiti dat relevationem tres marcas argenti, ubi- cunque maneat, in burgo vel extra. (Snotinghamscire, p. 280 b.) [A Thane having more than six manors pays a rehef jOf eight pounds for his land to no one but the King ; if he has only six or less, he gives to the sheriff as rehef three marks of sUver, wherever he may be, in the borough or outside it. (Nottinghamshire, p. 280 b.)] b Relevationem terrarum dant solummodo Regi illi Taini, qui plusquam sex maneria habuerint; relevatio est octo hb. Si vero sex tantum maneria vel minus habuerint, vicecomiti pro relevatione dant tres marcas argenti. (Euruicscire, p. 29S b.) [Those Thanes, who have more than six manors, gave relief of the lands to the King only : the relief is eight pounds. If however they have only six manors or less, they give to the sheriff as relief three marks of sUver. (Yorkshire, p. 298 b.)] 0 Si quis terram patris sui mortui habere volebat, quadra ginta sol. relevabat; qui nolebat, et terram et omnem pecuniam patris mortui Rex habebat. (Inter Ripam et Merseiam, p. 269 b.) [If anyone desired to have the land of his dead father, he paid a relief of forty shUlings ; if he did not desire it, the King had the land and all the cattle of the dead father. (Between Ribble and Mersey, p. 269 b.)] d Et quando moritur Alodiarius, Rex inde habet relevationem terrae, exeepla terra Sancta1 Trinitatis, et S. Augustini, et S. Mar tini, cf exceptis his, Godric de Burnes, et Godric Carlessone, et Arnold Cilt, ct Isba Biga, et Siret de Cilleham, et Turgis, et Norman, et Azor. Super istos habet Rex forisfacturam de capi- (ibus eorum tantummodo : et de terris eorum habet relevamen, Proofs and Illustrations 703 The foregoing instances are sufficient to show that the Part n. rehef was an incident of tenure in the strictest sense of the word. It fell to the lord in respect of the land, and was paid by the heir in respect of the land. GeneraUy, it was due to the lord who possessed the soke, or jurisdiction; whatever had been its origin, it had ceased to be an arbitrary fine; and, from the general wording of the law, we may infer, that no land held by any vassal, as of a superior, was free from the burden thus imposed. Whatever services the lord rendered to the sovereign, The lord ° entitled to claim he, in his turn, could exact from his vassals. He could u;e services of ¦ his Vassals. demand their aid towards the Fyrd, their contribution towards the payment of taxes, and, if they transgressed Escheat. against the law, or were banished from the country, the land reverted to the superior a. Lands liable to service could only be held by performance of such service ; and suit of court was one of the tokens of suit of court. subjection b. If a tenant died, leaving a daughter, the lord qui habent suam sacam et socam, et de his terris, scUicet Gos- laches et Bocheland, et alium Bocheland, et tertium Bocheland, et Herste, i. jugum de Ora, et i. jugum de Herte. (Ghent, I.) [And when a man who holds Bookland dies, the King has therefrom the rehef of the land, with the exception of the land of Holy Trinity and of St. Augustine's and St. Martin's and with the exception of these men: — Godric of Burnes, Godric Carlessone, Arnold Cilt, Isba Bigon, Siret de Cilleham, Turgis, Norman and Azor. Over them the King has forfeiture of their heads only, and he has relief from the lands of those who hold "sake and soke," and from these lands, to wit Goslaches and Bocheland, and the second Bocheland and the third Bocheland, Herste, one yoke of Ora, and one yoke of, Herte. (Kent, I.)] a Heming, pp. 76, 77. b Four hides of land in Benningworth, and fifteen hides in Hantona, in the hundred of Oswald's law, were claimed by the Abbot of Evesham. The abbot appears to have denied the services. The first was heard by the king's justices appointed by his writ or patent, and terminated by the submission. Haec est commemoratio placiti, quod fuit inter W. Episcopum et Wallerum Abbatem de Evesham, hoc est, quod ipse episcopus reclamabat super ipsum abbatem, sacam et socam, et sepulturam, et ciricsceat, et requisitiones, et omnes consuetudines faciendas ecclesiae Wigornensi in hundredo de Oswaldeslawe, et geldam regis 704 Proofs and Illustrations Part ii. et servitium et expeditiones in terra et in man de xv. hidis de Hanlona et de iiiior hidis de Benningewrde, quas debebat Abbas tenere de Episcopo, sicut alii feudati ecclesiae ad omne debitum servitium Regis et Episcopi libere tenent. De hac re fuit magna contentio inter Episcopum et Abbatem, qui Abbas diu resistens injuste hoc defendebat. Ad ultimum tamen haec causa ventilata et discussa fuit per justitiam, et breve, et preceptum Regis Willielmi senioris, quod misit de Normannia, in presentia Gos- fredi Constantiensis Episcopi, cui Rex mandaverat, ut interesset predicto placito, et faceret discernere veritatem inter Episcopum et Abbatem, et fieri plenam rectitudinem. Ventum est in causam. Conventus magnus f actus est in Wirecestra vicinorum Comitatuum et Baronum ante Gosfridura Episcopum. Discussa est res, facta est supradicta reclamatio W. Episcopi super Abba tem. Abbas hanc defendit : Episcopus legitimos testes inde re- clamavit, qui tempore regis Edwardi haec viderant, et predicta servitia ad opus Episcopi susceperant. Tandem, ex praecepto justifies regis et decreto baronum, itum est ad judicium. [This is a memorandum of the suit which was held between Bishop William and Walter, Abbot of Evesham, to wit that the Bishop claimed from the abbot that sake and soke, sepulture (burial fees), church-scot, requisitions and aU customs should be paid to the church of Worcester in the Hundred of Oswaldslaw, and also the King's geld, service and expeditions on land and sea, in respect of fifteen hides of Hampton and four hides of Bengeworth, which the Abbot was bound to hold from the Bishop, just as other tenants of the church under a free tenure have their holdings subject to aU service due to King and Bishop. On this matter a great contention arose between the Bishop and the Abbot and the Abbot resisted for a long time and unjustly denied the services. FinaUy however this cause was heard and tried before the justices by a writ and command of King William I., which he sent from Normandy, in the presence of Geoffrey, Bishop of Coutances, to whom the King had given commands that he should intervene in the aforesaid suit and cause the truth to be established between the Bishop and the Abbot and full right performed. The matter came into the Court. A large assemblage of the neighbouring Earls and Barons gathered at Worcester before Bishop Geoffrey. The matter was discussed : the aforesaid claim was made by Bishop William- against the Abbot. The Abbot denied it. The Bishop caUed on the matter legal witnesses, who had witnessed these acts in the days of King Edward and had undertaken the Proofs and Illustrations 705 could give her in marriage to a knight, in order that the Part n. service might be duly performed a; and it should seem that wardship and a widow, holding the lands of her husband in dowry, could aforesaid services on behalf of the Bishop. At length in accordance with the order of the King's justice and the decree of the barons the matter came to judgment. (Heming's Chartulary, pp. 80, 81.)] The abbot withdrew his suit, the shire attested the agreement between the parties, and a writ of execu tion was issued in favour of the abbot upon the concord. (Heming, pp. 80, 81.) Ofia grants Cropthorne to the Bishop of Worcester, — eo tenore ut quisquis habuerit aliquem ex ipsis viculis venerabili Episcopo Tillhere omnibusque suis successoribus servitium faciat, in vecti- galibus, et expeditionibus omnibusque aliis subjectionibus, quales- cumque Episcopus ipse suique successores mihi meisque successo ribus persolvere debuerint. Si vero afiquis ex ipsis hominibus deliquerit, vel de patria in exUium missus fuerit, vel alio aliquo modo de honore pulsus fuerit, terra ipsa, sine omni refragatione, antiquae ecclesiae in Wigreceastre restituatur. (Heming, p. 96.) * [on this proviso that whosoever shaU hold any of these hamlets, should do service to the venerable Bishop Tilhere and to all his successors, in taxes, expeditions and aU other charges whatever, that the Bishop and his successors are bound to perform to me and my successors. If however any of these men forfeit his holding or be sent in exUe from the country or be deprived of his holding in any other way, the land itself, with out any resistance, is to be restored to the ancient church of Worcester. (Heming's Chartulary, p. 96.)] But at the same time the lord might discharge his right of escheat. Oswald gebooks two manses at Clifford, to his Thane or "Minister," Wihthelm, for his own life, and the lives of two heirs, but with a proviso, that let him do whatever he may do, the land is not to be forfeited to the Church. (Heming, p. 201. )2 8 Hanc terram tenuit Sirof de Episcopo, tempore Regis Edwardi, quo mortuo, dedit Episcopus filiam ejus cum hac terra cuidam suo militi, qui et matrem pasceret, et Episcopo inde ser- viret. (Wirecestrescire, p. 173.) [Sirof held this land from the Bishop in the time of King Edward; but when he was dead, the Bishop gave his daughter with this land to a certain knight of his, in order that he might both provide for her mother and do service therefrom to the Bishop. (Worcestershire, p. 173.)] p. vn. 45 706 Proofs and Illustrations Part ii. not marry again without the consent of the Kinga. The law of Canute professes to secure to her the right of making her choice ; nor was the marriage of Wife or Maiden to be sold. But the suitor, though he was prohibited from bar gaining with the lord, might show his gratitude for the assistance which he had received in wooing b. He might give a present to the party by whose influence he obtained the Lady's hand ; and as she could not accept him whom she liked best, without the King's assent, the freedom of choice enjoyed under King Canute's conge d'elire may have differed little in practice, from a recognized power over the disposal of her person and property. There are some passages which seem to show that Bocland placed the owner in immediate subjection to the Crown. wites or fines The King was to have the Wites of aU who held Bocland0, incurred by the 1 . .7777 holders of and if the owner cominitted any crime punishable by out- Bocland, to J c J belong lawry, his Bocland was forfeited to the King, whoever exclusively J ' . to the King might be his lordd; that is to say, that the prerogative of the Crown compeUed the rights of the other lords to give way. In subsequent times the same species of prerogative may be observed. If the tenant held land of the Crown, a Hanc viUam, antequam Daci regnum Anglia; invasissent, quidam Anglus hereditaria sorte possidebat. Cui cum natura liberos invidisset, sine haerede mortis legem subiens, conjugi suae superstiti eam reliquit dot is nomine possidendam. Cnutonis ergo Regis tempore, quidam Dacus cum memorata muliere ex per missione Regis connubium trahens, praedictse viUae dominium jure conjugis est adeptus. (Hist. Rams. p. 441.) [A certain Englishman used to possess this township by hereditary right before the Danes invaded England. When Nature had refused him chUdren and he bowed his head to the law of death without an heir, he left it as a possession to his wife who survived him, as dowry. In the time of King Canute therefore, a certain Dane, having contracted a marriage with the above-mentioned wife with the King's permission, in his wife's right, obtained the lordship of the aforesaid town. (Chronicle of Ramsey, p. 441.)] <> And let no man compel either wife or maiden to [marry him] whom she herself shall dislike, nor let her be sold for money, excepting as to what he may give of his own free wiU. (Canute, II. 72.) " Ethelred, 2. « Canute, 12. Proofs and Illustrations 707 and of a mesne lord, the latter lost the wardship of the Part li. heir. THE "FYRD,"— "EXPEDITION,"— OR GENERAL ARRAY. However different the duties imposed upon the various The "f^ "or classes may have been, the "Fyrd," the "Expeditio," or the^HeVrlann • "Herrbann," evidently embraced aU the force of the ° country3. The levy was summoned by the King, and the summoned by necessary defence of the realm or empire involved every case in which military service could be required b. The Host or Here was assembled by royal Bonn or edict0, and the "Scyp-fyrd," or naval expedition, was called out in the same manner as the land force. a In the Latin chronicles and charters, both of the Anglo- Saxons and of France and Germany, Expeditio is the term most usually employed, but Herebannum in the capitularies. Fyrd (A. S.), from Faren, to issue, or go forth, requires no comment. The Anglo-Saxons had the phrase of "barman ut here" (Sax. Chron. p. 230), and probably the term Herebann was also in use amongst them, though we cannot quote any document in which it appears. 11 See the grants to the clergy, passim. In xEthelbald's general charters (ConcUia, I. 101), it is declared that they were to be freed from aU taxes and burdens, — omnibus operibus absol- vantur nisi sola quae communiter fruenda sint, omnique populo edicto Regis facienda jubentur, id est, in structionibus pontium, vel necessariis defensionibus arcium contra hostes [let them be freed from all duties save only those which are discharged by the whole community and are ordered by the King's edict to he performed by all the people, to wit, the building of bridges or the necessary defences of citadels against the enemy]. e These assemblages are sometimes expressly stated to have heen made by the assent of the Witenagemot. 999 The King counseUed with his Witan, to proceed against the enemy with "scip-fyrd" and with "land-fyrd." 1010 And aU the Witan were summoned to the King, that counsel should be taken how this land should be defended. But whatever was counseUed, it did not stand further than a month. 45—2 708 Proofs and Illustrations Part ii. From the earliest period to which our documents can reach, we find the Fyrd appearing as a general armament of the people, comprehending every rank, though under different obligations and penalties. If the Siihcund man, being a landholder, remained at home, he forfeited aU his land, and paid a fine of one hundred and twenty shUlings. If he did not possess any land, sixty shillings was his fine; whilst thirty .shillings was the Fyrdwite* of the Churl", and, to the last, it continued as a levy of aU the population of the country0. imposetfupon Attendance was strictly enforced ; whoever departed from defaulters. jjje King's Host forfeited aU his property. This we ascertain from a declaratory law enacted in the time of Ethehed d. And there was not a head man who would assemble or gather any Fyrd, but every one fled, as he best might, and furthermore no Shire would assist or stand by the other. a The wite or penalty for neglecting the Fyrd. » More literaUy, if he remain [sitting] at home. Gif ge- sithcund man landagende fyrde forsitte, gesyUe hundtwelftig scUT, and tholige his landes ; unlandagende syxtig sciU' ; Ceorlisc, thrittig sciU' to fyrdwite. (Ina, § 51.) [If a "gesithcund" man, owning land, absents himself from the army, he shaU pay one hundred and twenty shillings, and forfeit his land ; if he does not own any land, he shaU pay sixty shillings and the Ceorl shall pay thirty shillings as fyrdwite.] c Tha het se cyng abannan ut ealne theodscipe. (Sax. Chron. A.D. 1009.) [Then the King commanded the whole nation to be caUed out.] d Namely, the very curious decree of the CouncU of Enham. . . Quodam tempore contigit, ut Regis Aethdredi edicto concrepante, Archipraesulumque Aelfeahi et Wulfstani hortatu instigante, uni- versi Anglorum optimates die sancto Pentecostes ad locum ab indigenis Eanham nomina turn acciti sint convenire. Collecto itaque ibidem Christicolarum coetu venerabUium quampluri- morum, de Cathohca? cultu religionis recuperando, deque etiam rei statu publiea* ivparando vol consulendo, plura et non pauca, utpote divinitus inspirati, ratiocinando sermocinabantur. De nique in eormulem svuodalis exordio sermocinationis episcopi semcl ipsos primd us fidei speique et charitatis, quatuorque prin cipal ium virtutuni, prudential videlicet et justicise, fortitudhus quoque et tcinperantia' decore adornari mutuis coUoquiorum instruct ionibus salubrium invicem cohortabantur ; statueruntque Proofs and Illustrations 709 In Canute's statute there is another law to the same effect ; — Part II. if a man fleeth from his Hlaford, or from his Gerefa, whether pro invicem cotidianam interventionem ; atque pactum pacis et concordiae fideliter firmiterque inter se confirmabant Arcium muri, urbes, oppida, casteUa, civitates, pontes repa- rentur, restaurentur, renoventur, valfis et fossis muniantur et circumvaUentur. Naves per singulos annos ob patriae defensionem et muni- tionem praeparentur, postque sacrosanctum Pascha cum cunctis utensilibus competentibus simul congregentur. Qua igitur etiam pcena digni sunt, qui navium detrimentum in aliquibus per- ficiunt, notum cunctis esse cupimus. Quicunque aliquam ex navibus per quampiam inertiam vel per incuriam, vel negli- gentiam corruperit, et tamen recuperabifis sit, is navis corrupte- lam vel fracturam ejusdem persolidam prius recuperet, regique deinde ea, quae pro ejusdem munitionis fractura sibimet pertinent, rite persolvat. Si autem de expeditione, id est de procinctu, cui ipse Rex intererit, sine ficentia quisquam discesserit, rerum facul- tatumque discrimen cunctarum incurrat. (ConcUia, I. pp. 292, 294.)1 [At a certain time it came to pass that at the summons of King Eihelred's edict and the instigation and exhortation of Archbishops Mlfheah and Wulfstan, aU the nobles of the English were summoned to assemble on the holy day of Pentecost at a place which the inhabitants call Eanham. When therefore an assembly of very many venerable followers of Christ had gathered at that place, much debate and many speeches, as though indeed they were inspired by heaven, were uttered concerning the restoration of Catholic worship and also con cerning measures of reform and better management of the State. FinaUy at the opening of their synodal discussion, the Bishops mutually encouraged one another to adorn themselves, by the interchange of instruction conveyed in wholesome talk, with the grace, first of faith, hope and charity and secondly of the four principal virtues, to wit, prudence, and justice and also fortitude and temperance ; and they determined that there should be daUy intercession among them, and they faithfully and firmly confirmed a compact of peace and concord among themselves The walls of citadels, towns, fortified places, castles, cities and bridges should be repaired, restored and renewed 710 Proofs and Illustrations Part ii. it be from "scip-fyrd" or "land-fyrd," let him lose aU that he hath, and his life to boot; and let the lord seize his property, and aU the land which he granted to him; and if he have Bocland, let it escheat into the King's hand, And the man who falls before his lord in the Expedition, either within the realm or without the realm, let the heriot be forgiven to him, and let the heirs enter into possession of the land and property, and divide the same according to lawa. — and should be fortified and surrounded by ramparts and ditches. Ships should be prepared every year for the defence and fortifying of the fatherland, and after the holy season of Easter they should be assembled together with aU the equipage required. We desire that it shoidd be known by aU men what punishment they deserve who cause damage to the ships in any way. Whosoever shaU damage any of the ships through any act of laziness or carelessness or neghgence, and the ship be not however beyond possibility of repair, let him first mend the hurt or breakage of the ship tiU it be whole again, and then let him duly pay to the King the compensation which is owing him for the breakage of the said armament. If however anyone shaU without permission depart from the army, namely the force assembled with the King present, let him incur the loss of aU his goods and privileges. (Wilkins, CouncUs, I. pp. 292, 294.)] a Canute, II. 75, p. 176. I add the very ancient Latin text from Rosenvinge's exceUent edition, p. 98, — Si quis, timore perterritus. a domino suo aut a sociis suis fugerit de beUo, sive in terra sive in mari, careat omnium bono rum suorum cum vita, et dominus suus accipiat omnia, quae illius sunt, et terram si quam ei antea dedisset ; si autem habuerit allodium, sit Regis. Si quis vero ceciderit ante dominum suum in beUo, sive in patria sive extra patriam, relevatio domini sui, scilicet heregeat, perdonetur uxori ejus, vel haeredibus; haeredes autem habeant omnia ejus cum terris, et juste dividant1. [If any man through stress of fear deserts his cliief or his comrades in a fight, whether by land or by sea, let him lose all his goods and bis life as well; and let his lord seize aU that is his and the land, if he had formerly granted bim any; and if he have Bookland, let it be the King's. Proofs and Illustrations 711 Many local customs were grounded upon the general law. Part n. In Worcestershire, a freeman having "sak and soe" was 31°t^cut3h^ms Hable to forfeit all his land in case of default. But if he sen.f *> law °.1 xx xv military service. was the Vassal of a Lord, he could redeem his neglect by paying forty shillings to the substitute whom the lord had provided; if no substitute was found, then tbe lord paid forty shillings to the King, and the vassal, in his turn, paid forty shillings to the lord a. In Kent, a manor or township is stated as owing one "MUes" to the Archbishop, the lord thereof. From the special notice, we must conclude, that this was either more or less than the usual rate of service required by the general custom of the shire b. If any man falls before his lord in battle, either in the country or outside the country, let the relief due to his lord, to wit the heriot, be forgiven to his wife or his heirs ; let his heirs moreover take possession of all his property and his lands and divide the same fairly.] a Quando Rex in hostem pergit: si quis edictu ejus vocatus remanserit, si ita liber homo est ut habeat socam suam et sacam et cum terra sua possit ire quo voluerit ; de omni terra sua est in misericordia Regis. Cujuscunque vero alterius Domini liber homo, si de hoste remanserit, et Dominus ejus pro eo alium hominem duxerit, xl. sol. Domino suo, qui vocatus fuit emendabit. Quod si ex toto nuUus pro eo abierit; ipse quidem Domino suo xl. sol. dabit. Dominus autem ejus, totidem sol. Regi emendabit. (Wircestrescire, p. 172.) [When the King marches against an enemy, if anyone when summoned by the King's edict, remains at home, if he possesses such independence of others that he has soke and sake and with his land can go wheresoever he wishes, for all his land he is in the King's mercy. But if the free man dependent on any other lord whatsoever stays away from the enemy, and his lord takes another man in his stead, he who was summoned shaU pay a fine in default to his lord of forty shUlings. But if no one at aU goes in his place, he himself shall give forty shiUings to his own lord, and his lord shaU pay as many shUlings to the King. (Worcestershire, p. 172.)] " Reddit viginti tres libras et unum mUitem in servitio Archie piscopi. (Chent, p. 3.) [It pays £23 and one knight in the service of the Archbishop. (Kent, p. 3.)] 712 Proofs and Illustrations Part ii. When the general array was proclaimed, there was, in some shires, a general assessment of the whole territory, grounded upon the estimated admeasurement of the land. From every five hides, one soldier was furnished, and the other hides contributed to his stipend, each paid four shillings for the two months during which his service was to endure. This money was impounded; it was not paid as a tax to the King, but kept back, in order to satisfy the military". In some boroughs, as in Colchester6, every house contributed to the maintenance of the "soldiers," so called by the compUers of Domesday, but who appear to have been only the ordinary Fyrd, or militia of the shire. AU Exeter contributed only as five hides of landc. In Warwick ten burgesses served for aU the rest ; a defaulter paid the heavy fine of one hundred shillings ; the same city also furnished four Bat-suens d, or Boatswains, for the naval expe dition : but four pounds might be paid as a commutation for the mariners e. The men of WaUingford, when they performed service, foUowed either on horseback or by water, but within a a Si Rex mittebat alicubi exercitum ; de v hidis tantum unus mUes ibat, et ad ejus victum vel stipendium de unaquaque hida dabantur ei iv. sol. ad ii. menses. Hos vero denarios Regi non mittebant, sed militibus dabantur. Si quis in expeditionem summonitus non ibat, totam terram suam erga Regem f orisf aciebat . Quod si quis remanendi habens, alium pro se mittere promitteret, et tamen qui mittendus erat remaneret; pro 1. sol. quietus erat Dominus ejus. (Berroche- scire, p. 56.) [If the King sent his army anywhere, for five hides only one soldier went, and for his food and pay for two months four shillings are given him from every hide. StUl they did not send this money to the King, but it was given to the soldiers. If any man when summoned on an expedition did not go, he forfeited all his land to the King. But if anyone having a reason for staying away promised to send another in his stead and the substitute also absented him self, his lord was mulcted in fifty shillings. (Berkshire, p. 56.)] » Essexia, IT. p. 211. ° Devenescire, p. 100. " The Swain or Youngman of the boat, i.e. the strongest or most robust of the crew, and therefore the Head-man. • Warewicseire, p. 238. Proofs and Illustrations 713 certain boundary, beyond which they were not required to Part n. passa. From Leicester, twelve burgesses were obliged to accompany the King in the land army ; if the expedition was by sea, then four performed the service. Dover contributed only to the scyp-fyrd, twenty vessels, each containing twenty-one men, for the space of fifteen daysb. The Fyrd might be raised either by the Earl0 or by the "Vicecomes." Possibly their summons was considered as equivalent to the summons of the Kingd. The troops of each Shire were marshaUed together e ; and we cannot doubt a Berrochescire, p. 56. » Chent, I. c Of the fact there are many examples in the chronicles; for instance, the transactions of the years 1010, 1051. Hereford, p. 179. Si vicecomes evocat eos ad siremot, meliores ex eis, sex aut septem vadunt cum eo. Qui vocatus non vadit, dat duos solidos, aut unum bovem Regi, et qui de hundret remanet tantundem persolvit, Similiter emendat qui jussus a vicecomite secum ire in WaUs non pergit. Nam si vicecomes non vadit, nemo eorum ibit; cum exercitus in hostem pergit, ipsi per consuetudinem faciunt Avantwarde et in reversione Redrewarde. Hae consuetudines erant Walensium T. R. E. in Arcenefelde. [If the sheriff summons them to the shiremoot, the best of them, six or seven in number, go with him. And he who does not go when summoned, pays two shUlings or one ox to the King; and he who remains behind from the hundred pays the same. In the same way he shaU be fined, who, when ordered by the Sheriff to go with him to Wales, does not go. For if the Sheriff does not go, none of them wUl go; when the army marches against the enemy, they, according to custom, form the Vanguard, and when they retreat, the Rearguard. These were the customs of the Welsh in the time of King Edward in Archenfield.] a Sciropscire, p. 252. e This year came the aforesaid army, after Easter, into East Anglia, and went up at Ipswich, where they heard say that Ulfcytel was with his fyrd. The Angles soon took flight, but Grantebricgscyre stood firmly against them. (Sax. Chr. A.D. 1010.) 714 Proofs and Illustrations Part n. that those of each Burgh and Hundred were assembled around their own standard". The Bishop of Worcester had a leader who headed his contingent both by sea and land ; but it may be ascertained, (See Part i., that many of the prelates led on their troops, as boldly as any lay lordb. Detachments of Many of the battalions were entitled to claim particular certain districts, * r entitled to posts in the army. The men of Archenfield had their particular * ^ stations in station of honour amidst the Fyrd of the shire of Hereford. the Fyrd. ^ They formed the vanguard when the "Vicecomes" advanced against the enemy, and the rearguard when the troops returned from the foray. Kent possessed the same position in the army of Wessex; and the "Burgware," or Burgesses of London, were entitled to form the body-guard of the a The Burgesses who held the lands of the Canons of York were mustered under the banner of St. Peter. Quando autem Rex congregabat exercitum, unus homo tan tum praeparabat de tota terra canonicorum cum vexUlo Sancti Petri, qui, si Burgenses in exercitu irent, dux et signifer eos prsecederet, sine Burgensibus vero nee ipse iret. (Carta Hen. I. de Libert. Eccl. Ebor., Mon. VI. 1180.) [When the King was assembling his army, one man only from all the lands of the Canons made ready with the banner of St. Peter ; and he, if the Burgesses went with the army, had to head them as leader and standard-bearer, but he had not to go himself, if the Burgesses did not go. (Charter of Henry I. concerning the Liberties of St. Peter's, York.)] Oxon. Willielmus fihus Roberti de N ether -horton tenet unam virgatam terrae in N ether-horton per serjanciam deferrendi pene- cellum coram hundredo, per quadraginta dies, ad custum suum proprium. (Rot. Itin. 25 Hen. III. m. 4.) [Oxon. William, the son of Robert of Nelher-Workm, holds one virgate of land in Nelher-Worton by the serjeanty of carrying the pennon before the hundred for forty days, at his own cost. (Eyre Rolls, Oxfordshire. 25 Henry III., fourth membrane.] » Edricus qui fuit tempore Regis Edwardi Stermannus navis episcopi et ductor exercitus ejusdem episcopi ad servitium Regis. (Heming, p. SI.) [Edric who was, in the time of King Edward, Steersman of the Bishop's ship and leader of the army of this same Bishop for tfie King's .service. (Heming's Chartulary, p. 81.)] Edric served both by sea and by land. Proofs and Illustrations 715 Kinga, and to protect the standard which he unfurled. Part n. Some- of the customs seem to indicate a particular summons to individuals as well as a general summons to the shire. This important point, however, cannot be clearly ascertained. The ship-service was rendered general by Ethelred ; and Etheired's u> L ° " concerning pursuant to the same enactment, the Shires were assessed military and x ' naval service. to furnish a hauberk and a helm for every eight or nine bides. The latter law rather implies, that a horseman, thus equipped and arrayed, should be sent to the Fyrd at the expense of the owner or owners of the definite quota of land6. This law may be compared with the Carlovingian regulations, by which the lieges provided arms and armour to the extent of their property0. a We coUect these particulars from Wace (1957 — 1966). Kar 50 dient ke cil de Kent Deivent f6rir premierement ; Ou ke li Reis auge en estor, Li premier colp deit estre lor. Cil de Lunches, par dreite fei, Deivent garder le cors le Rei; Tot entor lui deivent ester, E l'estandart deivent garder1. [For this they say, that the men of Kent have the right of striking the first blow : wherever the King may go into the conflict, the first blow is theirs by right. The men of London, in true loyalty, ought to guard the King's body : aU around him it is their duty to stand, and it is their duty to guard the standard.] b 1008 Rex Anglorum Ethelredus de trecentis et decem cassatis unam trierem, de novem vero, loricam et cassidam fieri : et per totam Angliam naves intente praecepit fabricari. (Flor. Wigorn.) [1008 Ethelred, King of the English, ordered one ship to be furnished for three hundred and ten hides, but for nine a hauberk and a helm; and throughout the whole of England he ordered ships to be zealously buUt (Florence of Worcester).] — of brym hund hidum and of tynum hidum aenne scegb and of eahta hidum, helm and byrnan2. [From three hundred and ten hides, one ship, and from eight hides, helmet and coat of mail.] The Latin and Saxon chronicles differ, and the latter is obscure. I expect that the labours of Mr. Price and Mr. Petrie wiU remove this and many simUar difficulties. c Omnis homo de duodecim mansis bruniam habeat. Qui vero bruniam habens, in exercitu non tulerit, omne beneficium cum brunia perdat. Capitulare, ann. 805, § 8. [Let every man 716 Proofs and Illustrations Part II. Watch and ward, how performed by the landholders. Land specially granted for the performance of such service. The general array of the King's Host continued to be caUed by its old Saxon name of Fyrd as late as the reign of Henry I., and we hence coUect that, in popular estimation at least, there had not been any material change a. Closely connected with the military service was the duty of Watch and Ward, which afterwards became the pecuhar province of the Conservators of the Peace. Stretwarde was performed by four men from every hide6 in the Hundred; but, like all other duties, it was often limited and defined by local customs. From the lands of the principal Kentish Thanes tbe King was entitled to six days ward, either at Canterbury or Sandwich. The King was to provide them with meat and drink, and if he did not, they were discharged without fine c. Such a service was a general obligation, but of twelve manses have a hauberk. But he who has a hauberk and does not wear it in the army, let him lose the whole of his fief and the hauberk as weU (Ordinance of Charlemagne, 805).] a The register of Shaftesbury monastery (Bib. Harl. No. 61), amongst many other very curious documents, contains an enu meration of the Knights' fees belonging to the House, in the vernacular Enghsh of the period to which I allude, and which is thus rubricated by the scribe, — Thes beth thcere Knyghtene Londes, thil syllen into voerdevare myd the Kyng, myd hyre hors, and myd hyre ygare for thare Chyrche of Sheftesbury. [These are the Lands of the Knights, who hare to join the host with the King, urith their horses and their gear on behalf of the Church of Shaftesbury.] Then foUows the particularization, of which the first entry may be taken as a specimen. — That aerest lond hatteth Chiklad, and ys on yhol Knyghtesmeteholm. [The first land is called Chicklade and is a whole knight's fee.] This terrier is not a legal document drawn up by a clerk of the Exchequer, in the language and phraseology of the King's Court, but the statement of a monk, who writes the feodary in his own mother tongue. b Or perhaps one man from every ten hides, for the texts differ. See above, p. 138. c Chent, p. 1. De terris supra nominatis, Alnoldi Cild et similium ejus ; habet Rex custodiam, sex diebus apud Cantuariarn vel apud Sanuuic et ibi habent de rege cibum et potum. Si non habuerint, sine forisfaotura recedunt. Si fuerint praemoniti ut conveniant ad seiram, ibunt usque ad Pinnedennam, non longius. Proofs and Illustrations 717 lands might be granted upon the tenure of performing this Part ii. important dutya. Et si non venerint, de hac forisfactura et de aliis omnibus Rex c. solidos habebit, excepta Gribrige quae viii. lib. emendatur. [Chent, p. 1. From the lands mentioned above, those of Alnold Cild and those like him, the King has ward of six days at Canterbury or at Sandwich, and there they have food and drink from the King. But if they do not have this, they go away without fine. If they have received notice to attend the Shiremoot, they wUl go to Pennenden and no further. But if they do not come, the King shaU have one hundred shillings for this forfeiture and for all others, except Grithbreach, for which the fine is eight pounds.] a Iste quoque Abbas, dictus Leofstanus, cognomento Plum- stan, cum esset homo pius ac simplex, et omnibus compatiens periclitantibus, ut viatoribus et institoribus, necnon et peregrinis, beati Albani ecclesiam pro expiatione peccatorum suorum et corporum prosperitate adeuntibus, vias prepararet tutiores: opaca nemora quae a limbo CiUrice usque Londoniam fere, a parte septentrionali ubi praecipue strata Regia quae Watlingestrata dicitur, fecit resecari, salebras explanari, pontes fabricari et abrupta viarum in planitiem redigi tutiorem. Abundabant enim eo tempore per totam Ciltriam nemora spatiosa, densa et copiosa, in quibus habitabant diversae bestiae, lupi, apri, tauri sylvestres et cervi abundanter: necnon et qui plus nocuerunt, praedones, latrones, vispUlones, exules et fugitivi. Unde Abbas Leofstanus (non ad damnum, sed ad commodum hujus ecclesiae) concessit cuidam mUiti strenuissimo, Thurnotho nomine, et duobus suis commilitonibus Waldef et Thurman, manerium de Flamsteede, pro quo dedit eidem Abbati Leofstano dictus miles Thurnothus quinque uncias auri, et unum palefridum pulcherrimum, et unam leoparariam desiderabUem. Quod tamen factum est talis condi- tionis tenore, ut dictus mUes Thurnothus cum suis commihtonibus praenominatis, et eorum sequela, partes Ulas occidentales quae maxime latronibus abundabant, tam a bestiis nocivis quam prae- donibus tuerentur et potenter custodirent, et pro damnis si per desidiam eorum evenirent, competenter responderent. Et si communis guerra oriretur in regno, omnem diligentiam et totum posse fidehter adhiberent ad ecclesiae Sancti Albani tuitionem. Quod et ipse T. et ejus socu eis fidehter adimpleverunt et eorum similiter hceredes, usque ad tempora Regis Willielmi, qui Angliam sibi conquisivit. Tunc enim ablatum est ab eis dictum manerium, 718 Proofs and Illustrations Part ii. The Bridge and Causeway service, as weU as the "Burgh- Bridgeand bote," were general obligations like the Fyrd, but their Burgh bote. ^ •/ ' nature often subjected particular lands to the charge. quia pati jugum Normannorum dedignabantur. Et nemora adeuntes, indomabUes facti, et Normannis qui in suas terras se ingesserunt insidias praeparantes et domus eorum combusserunt et multos de Ulis peremerunt. Sed prosperante Rege memorato, omnes vel ad pacem qualem qualem redierunt, vel capti (sicut sequens narratio declarabit) perierunt. Veruntamen quidam nobUis, Rogerus de Thorn nomine, cui successit in sortem dis- tributionis Ulud manerium, noluit jus Sancti Albani auferre et servitium praedictum strenue adimplevit. (M. Paris, Vitae Ab batum S. Albani, pp. 45, 46.) [This Abbot also, caUed Leofstan, and bearing the surname of Plumstan, since he was a man holy and simple and com passionate to aU in peril, to make the roads safer for travellers and pedlars and also for the pUgrims, who were going to the church of St. Albans for the expiation of their sins and the benefit of their bodies, caused all the dense woods, which stretch from the border of the Chilterns almost as far as London on the northern side in particular where lies the Royal street, which is caUed Watling Street, to be cut down, the uneven parts of the road to be leveUed, bridges to be built and the steep places on the roads to be reduced to a safer level. For at that time extensive woods, thick and closely set, abounded throughout the whole of the Chilterns and in them there used to dwell in great profusion beasts of various kinds — wolves, wUd boars, wild buUs and stags, and also what was far more harmful, footpads, robbers, plunderers, exUes and fugitives. Wherefore Abbot Leofstan (not to the loss but to the advantage of this church) granted to a certain powerful knight, by name Thurnoth, and to two of his fellow-knights, Waldef and Thurman, the manor of Flamsted, for which the aforesaid knight Thurnoth gave to this same Abbot Leofstan, five ounces of gold and one beautiful palfrey and one goodly grey-hound. And this was done on this proviso and condition, that the aforesaid knight Thurnoth with his fellow-knights named above and their following, should guard and strongly protect those western districts, which in particular were infested by thieves, both from harmful beasts and from footpads, and should render just compensation if any loss liappened through their slothfulness. And if civU war broke out in the kingdom, they should show aU dUigence and loyaUy Proofs and Illustrations 719 Certain lands were speciaUy liable to tbe repairs of Rochester Part II. bridge, each tenure having its own piera. For the repairs of the bridge and waUs of Chester, one man was bound to come from every hide in the shire, at the bidding of tbe Praepositusb. THANES AND THANAGE— HUSCARLS. Theee is a great deal of obscurity with respect to the Thanes, station and rank of the Anglo-Saxon Thane. As far, how- "Ministri "or ever, as the word itself is concerned, we can have no doubt Angio-saxon ... , ,. . P. .. sovereigns. of its primitive signification, nor of its ultimate application. A Thegn or Thenc was originaUy a "Minister" or Servant, and thus the dignity, or rather the office, is denominated in the Anglo-Saxon charters : but it graduaUy became re stricted to landholders: and at the time of the Conquest, and until the Anglo-Saxon written language passed entirely into coUoquial English, the word was generaUy considered by historians as equivalent to the term "Barod," and do all they could to protect the church of St. Albans. And this duty Thurnoth himself and his comrades faithfuUy fulfilled and likewise their heirs up to the time of King William, who conquered England for himself. For then the aforesaid manor was taken away from them, because they disdained to endure the yoke of the Normans. And by entering the woods, they became unconquerable; and they prepared ambushes for the Normans who entered into possession of their lands and burnt their houses down, slaying many of them. But when the above-mentioned King became established, they all either re turned to a peaceful life of some kind or other, or were caught (as the foUowing story wUl teU you) and put to death. How ever a certain nobleman, Roger de Toeni by name, to whom this manor feU by the lot of distribution, did not wish to deprive St. Albans of its right, and with might and main ful filled the aforesaid service. (Lives of the Abbots of St. Albans, ascribed to Matthew Paris, pp. 45, 46.)] a Lambard's Kent, p. 385. b Cestrescire, p. 262 b. c From Thegnian — Thenian (A.S.), Dienen (Germ.). a Thus it is stated in the Saxon Chronicle — Thrice did he [William the Conqueror] bear his Cynehelm or crown in each year, as often as he was in England. At Easter he bare it at 720 Proofs and Illustrations Part il. employed as designating the individuals in that class of society. The German antiquaries trace the "Ministeriales," or "Dienstleutea," to the remotest age, and consider them as the foUowers of the Chieftains. The King's Thane was, in his origin, no better than any other Thane, but he would rise with his master, and the title would gain in estimation and dignity accordingly. We find the King's Thanes, desig nated as a distinct and superior class, at an early period of the law; and though the term continued to be apphed to persons of a very interior degree, some so low as perhaps to be Thegns, or Serving-men, almost in the literal sense; still, that circumstance would not detract from the dignity of the superior Thanes. Much difficulty, however, is occasioned to us, at this distance of time, by the ambiguities arising from such " homonymes," of which the different significations are perfectly intelligible, whilst they are applied to living in stitutions. When the word "Minister" slides off our tongue, our hearers can teU at once, whether we aUude to the First Lord of the Treasury, or to the Rector of the Parish, but it is not so certain that the application of the word would be Winchester, — at Pentecost, Westminster, — at "Midwinter," Glou cester. And there were with him all the powerful men [ealle tha ricemen] of aU England, — Archbishops and Bishops, Abbots and Earls, Thanes and Knights [Thegenas and Cnihtas]. (Saxon Chron. p. 294.) Et tunc aderant ibi Archiepiscopi, Episcopi, Abbates, Consules, et Barones totius Anglice. (Ann. Wav. p. 243.) [And at that same time there were present at that place the Archbishops, Bishops, Abbots, Consuls and Barons of the whole of England. (Annals of Waverley. p. 243.)] In Domesday, Archbishops, Bishops, and the greatest Norman Barons, are all caUed Thanes, — Hi subscripti Taini de Oxenfordscire habuerunt terram in WaUingford, Lanfranc Archiepiscopus, Remigius Epis copus, Abbas de Sancto Albano, R. Abbas, Comes Hugo, Walterus Giffard, &o. (Berroeheseire, p. 56.) [The under-mentioned Thanes of Oxfordshire held land at WaUingford, Archbishop Lanfranc, Bishop Remigius, the Abbot of St. Albans, Abbot R., Earl Hugh, Walter Giffard. etc. (Berkshire, p. 56.)] Thus, also, in the account of the proceedings of the Council of London, 1127 ^ (soe above, p. 642), the Thanes of the Saxon Chronicle are the Barons of the Chronicle of Melrose. a See Eichhorn, &c. Proofs and Illustrations 721 always intelligible to a foreigner. Now, we, are as foreigners Part ii. to the Anglo-Saxons, and this circumstance should be borne in mind, if the same word seems to be employed with varying, or even discordant meanings. In the later period of the Anglo-Saxon Empire the word Name or twe of . . Thane, extended to Thane a, which sometimes appears as equivalent to Homoa, aii the landed PoPuia- 7 7 77 7 1> 7 ti0"' n°' be'nE °f the or Vassal a, was extended to all members of the landed popu- highest or lowest A L grade, i.e. neither lation, who not being either Aldermen or Ceorls, had yet a Aldermen nor cnuris. right to assent to the enactment of lawsb. They constituted a class between the highest nobility and the viUeinage. To them the King's writs were addressed; it was the Thanes who pronounced judgment, and gave testimony in the Shireb. It was they who filled the ranks of Harold's army, a As in Domesday, Bedfordshire, p. 211, in which " Alwoldus," who held the manors of Bruneham, Stiventone, Pabenham, &c. is indifferently styled "Teignus Regis Edwardi [Thane of King Edward]," and "Homo Regis Edwardi [Man of King Edward]." 11 This was the case as early as the reign of Athelstane : — seethe Kentish Address. (See above, p. 170.) Edward the Confessor's Writ of Restitution in favour of the monks of Christ Church, Canterbury (Mon. I. 99), addressed to Earl Harold, and the Archbishop and "eaUe mine Thegenas on Cent" [all my thanes in Kent], is grounded upon the judgment or doom of the Thanage, — "for tham that ic wiUe that se dom stande, that mine Thegenas gedemdan" [because I wUl that the judgment stand which my thanes delivered]. The question in this case was the validity of a donation. The "Thegenas on East Seaxan" [Thanes of Essex] are the witnesses of a Cwide or bequest (Writ of the Confessor, Mon. I. 107). Innumerable examples to the same effect may be given. The general direction, or greeting to the Thanes, was continued after the Conquest. One of the latest instances occurs in a charter of Henry I., issued between 1123 and 1135, in favour of the Archbishop of Canterbury, — H. thurh Godes gevu xEnglelandes kyning, grete eaUe mine bisseeopes, and ealle mine eorles, and eaUe mine scirsegerevan, and eaUe mine thegenas, frencisce and englisce (Lye, App. No. 6) [I Henry, through God's gift King of England, greet aU my Bishops and aU my Earls, and all my Sheriffs, and all my Thanes, French and English]. Canute addresses himself to the Barons of Worcestershire (see above, p. 519) — These are the Thanes of his charters in the Anglo- Saxon language. p. vn. 46 722 Proofs and Illustrations Part n. and whose lands were divided amongst the Norman chivalry a. In the Latin charters the word "MUes" is the equivalent of Thane, and the epithet of Fidelis is usuaUy added thereto. Knights, or cnihts, The word Cniht, not having been Latinised like "Teinus " originally servants, , • xl ¦ T\ 7 t, ' like the Thanes. does not appear so prominently in Domesday. It seems however, to have possessed both the same primitive, and the same secondary meaning. A Cniht, a Knecht (Germ."), might be a servant of the lowest grade, a mere attendant Lama or Feuds grant- upon his master. But the Cniht who obtains the Lam ed to Knights. Cniht becomes a title of granted by Archbishop Oswald0, is evidently a Thane, a mditary Thane of the first class ; and, in the reign of the Confessor, we find that the Knighthood of the Shire was, as nearly as may be, equivalent to the Thanage, or great body of landed proprietors'1. "Thane" was equaUy applied to the Danes. The Thanes of the Danish Burghs were the Land-Lords of these towns. But the Danish Thanes also constituted a distinct class, far out of the boundaries of the Danelagh e. The "Bonde" and the Thane seem to be considered as the two extremes of the classes of the ordinary landed proprietors. The Bonde paid thirty pence, the a Lib. Abbend. Bib. Cott. Claudius B vi, f . 120. The passage is very remarkable and instructive. b In German, Knecht now signifies a menial servant, but in the earlier period it designated a soldier of high rank, and one bound by oaths of fealty. A very ancient glossary, quoted by Wachter (p. 856), gives the foUowing interpretations, — Militones [Warriors] — Chenehta. Sacramentis militaribus est implicates — In Chenehto eideuuard pivangan [He was bound by the oath of a Knecht]. 0 See above, p. 312, piece 12. d Thus in a chirograph of a concord or final agreement entered into, in the shire or comity court of Worcester, many of the persons present are named, — "Wulfric a?t Cloddesheale, Saeword aet Uptuny, ke. and niaenig god Cniht to eacan thysan" [Wulfric of Cloddeshall, Sao ward of Uptou &c, and many a good knight also]. — (Ilickcs's Pref. p. xxi.)1 Amongst the many curious points to be collected from this document, we may observe the commencement of the practice of giving local surnames. e Thus the grant of a Lcen made by Bishop Aldred (1049— 1058) is attested by "eaUe ha begenas on Wigeraceastrescire, Devisee and Englisce" (Hickes, Gram. Angl. Sax. p. 142) [all the thanes in Worcestershire, Danish and English]. Proofs and Illustrations 723 lowest fine for the breaking of the Fasts of the Church ; Part n. the highest, thirty shUlings, was paid by the Thane a. I do not know whether we can consider the remarkable instances of fidefity and devotion shown by the Thanes of Cvnewulf (s«abo«,p 341 note „ t, 7 . C 7 <• , • 7 b' an<1 Be">*¦ Ramsey are the compUations of very judicious and accurate Deacons and Notables, deliberating on matters necessary and profitable to the churches. (WUkins, CouncUs, I. 169.)] Anno Dominicae Incarnationis dcccxxii., Indictione hi., de diversis Saxonice partibus congregatum est synodale concilium in loco praeclaro qui nominatur Clovesho ; praesidente huic venerabili concUio Beornulfo, Rege Merciorum, et Wulfredo Archiepiscopo, caeterisque Episcopis et Abbatibus, omniumque dignitatum Optimatibus, ecclesiasticarum scilicet et secularium personarum, utilitatem et necessitatem ecclesiarum, monas- terialisque vitae regulam et observantiam, stabfiitatem quoque regni pertractantes. . . . Super haec omnia quadam vice idem Rex Coenulfus cum suis consifiariis veniens ad viUam regalem Lundoniam, constituit diem, cum magna indignatione, quo idem Archiepiscopus veniret ad eum. Quo cum venisset, praecepit Rex, ut relictis omnibus rebus suis, citissime de Anglia decederet ; nee ahquam spem haberet redeundi amphus, nee per praeceptum domini papae, nee pro precibus imperatoris, nee ahcujus alterius personae, nisi consentiret voluntati ejus, dimittendo ei viUam trecentorum manentium nomine Leogeneshamme , insuper daret sibi, videlicet Regi, centum viginti libras denariorum. (Concilia, I. p. 172.)1 [Li the year of Our Lord's Incarnation 822 (S25), the third Indiction, a synodal councU was convened from aU parts of England at the weU-known place which is called Clovesho; over this venerable councU Beornwulf, King of the Mercians, and Archbishop Wulfred presided, discussing with the other Bishops and Abbots and the notables of all ranks, to wit persons of ecclesiastical and secular dignities, the interests and needs of the churches, the rules and observances of monastic life and also the security of the kingdom. . . . Following on this, the aforesaid King Kenulf, coming on a certain occasion with his counseUors to the royal town of London, with great indignation appointed a day on which this same Archbishop should come to him. And when he had come thither, the King enjoined that he should depart as quickly as ho could from England and leave behind him aU his possessions, nor was he to entertain any further hopes of return, either by command of the Lord Pope or through the prayers of the Proofs and Illustrations 735 writers: they are almost whoUy founded upon charters. Part ii. The facts gathered from these documents are interwoven Emperor or of any other person, unless he submitted to his wiU and relinquished to him a viU with three hundred serfs by name Leogenesham, and gave to him, to wit the King, one hundred and twenty pounds of pence. (WUkins, CouncUs, I. p. 172.)] There is another record of the same transaction, showing that the words "consifiarii" and "sapientes" were indifferently employed. (Concilia, I. p. 173.) In one case, we find what may be termed an adjournment, — Then took counsel the King and his Witan that they should again have a Gemot of aU the Witan at London at harvest- even-night (the autumnal equinox), and then the King com manded that the Host should be caUed out (and het se cyng bannan ut Here), both South of Thames and North. (Sax. Chron. p. 230.) For an instance of a Gemoot summoned by the King, see Sax. Chron. p. 1010. In the following example the authority by which the assembly is convened, does not appear; it can however hardly be doubted but that it was by the Ring's com mand. (Hist. Eliens. p. 469.) Nam edicitur generate placitum apud Lundoniam, quo, dum Duces, Principes, Satrapce, Rhetores et Causidici ex omni parte confluxerant, beatus Mihelwoldus praefatum Leofsium in jus protraxit, et coram cunctis suam causam et injuriam ac rapinam, quam ipse Leofsius intulerat sanctae ecclesiae, ex ordine patefecit. Qua re bene et rite ac aperte ab omnibus discussa, omnes Deo et beato Mdelwaldo per judicium reddiderunt Burch, et Undelas, et Kateringes. Judicaverunt etiam ut Leofsius Episcopo totum damnum suum suppleret, et mundam suam redderet ; de rapina vero, Regi forisfaicturam emendaret dato prastio genealogice suae. Post haec infra octavum diem con venerunt iterum ad N orihamtune, et congregate ibi tota provincia, sive vicecomitatu, coram cunctis iterum causam supradictam patefecerunt ; qua patefacta ac declarata, ut prarjudicatum erat apud Imndoniam, judicaverunt et isti apud N orihamtune. [For a general assembly was summoned at London, by which, when the Dukes, Princes, Satraps, Orators and Lawyers had assembled from aU parts, the blessed Mthelwold caused the aforesaid Leofsige to be brought to court, and in the presence of all made known in order his case and the wrong and rapine which the said Leofsige had brought upon holy Church. And 736 Proofs and Illustrations Part ii. into a narrative, for which the authorities are adduced, and in the whole compass of our history, no better evidence can possibly be found a. when this matter had been weU and duly and openly discussed by aU, they by an unanimous verdict restored Peterborough, Oundle and Kettering to God and the blessed Mthelwold. They also adjudioated that Leofsige should make good the whole loss to the Bishop and pay the fine due for his breach, and also for the rapine should pay forfeit to the King by payment of the weregild of his rank. Thereafter within eight days they as sembled again at Northampton, and there in the presence of the assemblage of the whole province or shire, they again openly made known the above-mentioned cause; and after this trial and declaration, those at Northampton returned the same verdict that had been returned at London. (History of Ely, p. 469.)] » Habuit enim Abbas Fratrem Gudmundum vocabulo, cui filiam praepotentis viri in matrimonium conjungi paraverat. Sed quoniam file quadraginta hidarum terrae dominium minime obtineret, licet nobUis esset, inter proceres tunc numerari non potuit, eum pueUa repudiavit; unde pudore nimium suffusus, ad Abbatem rediit, conquerens hdortunium sibi Ulatum : et ut ei afiqua ecclesiae rura, pro fraternitate, committeret intentius exorat, ne nunc honoris nomine praesertim optata matrimonii copula frustraretur. Abbas vero minium carnaliter amans fratrem, absque titulo et scriptionis testimonio, hasc subjuncta maneria illi, sed tantum in prcestito dimisit, partem viz. de Merham cum curia vUlae, Livermere, Nachantune, Acholt, Bedene- stede, Gerboldesham, et hoc non manifeste, ne monachis inno- tesceret; non praevidens aut praecavens, quantum criminis et discriminis sit ad momentum etiam, res sacras et bona, Domino oblata, laicorum manibus exponere. ut perfecta matrimonu celebratione absque controversia recipere deberet. (Hist. Eliens. p. 513.) [For the Abbot had a brother by name Gudmund, for whom he had arranged a marriage with the daughter of a man of great power. But since he, not possessing the lordship of forty hides of land, could not then be ranked among the peers (Witan), although he was of noble birth, the maiden rejected him. Whereupon, covered with excessive shame, he returned to the Abbot, complaining that misfortune had faUen on him, and he begged and prayed him to entrust to him certain lands of the Church in consideration of their brotherly connection, so that Proofs and Illustrations 737 It is not indeed stated in express terms, that Gudmund Part n. would gain a seat in the Witenagemot, but the Fief or Lcen placed him in a rank which birth alone did not impart. And the title of "Proceres" is so constantly applied, both in charters and histories, to the Peers of the King's supreme Court, that we can scarcely doubt, but that the seat was the privfiege, without which his proud Leman refused to accept him as her wedded Lord. the marriage tie which he so much wished for should not be prevented by a consideration of rank. The Abbot, who had too carnal an affection for his brother, granted him, without title or testimony of writing, these manors hereafter mentioned, but only in Lcen, to wit part of Marham with the court of the vill, Livermere, Necton, Occold, Bedenestede, Garboldisham, and this he did secretly so that it should not come to the knowledge of the monks. He did not foresee or take heed to the great wrong and danger that was entaUed in entrusting, even for a short space of time, to the hands of laymen sacred property and goods which had been dedicated to God, merely on condi tion of recovering them without controversy upon the comple tion of the marriage ceremony. (Hist, of Ely, p. 513.)] If any Freeman broke the fast imposed as a national humilia tion during the Danish invasions (sometime in the reign of Ethelred), he was to make amends, or pay a fine, according to the judgment of the Shire Bishop and the Witan of the Shire, — bete that, swa the Scir-Biscop, and eaUe Scir-Witan rihtficost deman, — gebete that, swa Scire- Witan sylfe geceosan (Hickes, Diss. Epist., p. 107) [make reparation for that, as the Bishop of the Shire and the whole Witan of the Shire most fittingly judge — make reparation for that, as the Witan of the Shire decide]. The Witan of Kent decreed that Eadgiva should give proof by compurgatory oath concerning the payment made by her father for the redemption of his land (Lye, App. 4). These are the ordinary shire-men, though in this case the shire was an ancient kingdom. p. vn. 47 738 Proofs and Illustrations Part II. HOMAGE— ANTRUSTIONS— NATURE OF BENEFICES, &c. Antrustionship, equi- The following writ or Precept preserves the form bv valent to commenda- , > J tion(seebeiow,P.745). which the A ulrustion1 became the Homager of his Sovereign. writ declaring that " Rectum est, ut qui nobis fidem poUicentur inlsesam the Antrustion has / °r l > duly performed hom. n0stro tueantur auxilio. Et quia ille fidelis Deo propitio noster, veniens ibi in palatio nostro una cum armaa sua, in manu nostra trustem et fideUtatem nobis visus est conjurasse: propterea per praesens praeceptum decernimus ac jubemus, ut deinceps memoratus ille in numero Antrustionum com- putetur. Et si quis fortasse eum interficere praesumpserit, noverit se wirgildo suo sol. dc. esse culpabilem." (De Antrustione Regis, Marculfi Form. I. 18.) [It is right that those who promise to us entire fidelity, should be protected by our aid. And because, by God's good wUl, N. our faithful man, coming to our palace with his arms, has openly in our hand sworn "trust" and fealty to us, therefore by this present writ we do decree and order that the above- mentioned N. be henceforward reckoned among the number of the Antrustions. If any one perchance should presume to slay him, let him know that he is subject to a fine of six hundred shiUings as his wergild. (Of the King's Antrustion; Formulae of Marculf, I. IS )] By comparing this document with the faithful accounts of TassUo's submission (III. 2 to 13), and also with the English form of homage (IV. 8, 9), no reasonable doubt can be enter tained, but that feudal vassalage resulted from the union of the Teutonic bond with the tenure of beneficiary land. The Precept, testifying that the Fidelis was to he numbered amongst the Antrustions, contains aU the essentials of the relationship : the declaration of aid to be given by the Senior, the submission of the Junior, and the oath, as well as the ceremony, by which the Man testified his obedi ence and subjection. a Some manuscripts read, cum arimania sua. The arimanni arc supposed to have been the followers of the chieftains, but very different opinions prevail respecting their rank (see Savigny and Eichhorn). On the whole, the reading which I have adopted from Walt her seems preferable. Proofs and Illustrations 739 The earliest definite example of a grant accompanied by Part n. fealty, rests upon the authority of the charter of Charles le Chauve, reciting the donations made by Dagobert to the ancestors of Eudo, Duke of Aquitaine, and of which the sub stance is given below. The authenticity of this charter has certainly been impugned, yet I think it has been success fully vindicated by most competent authorities'1. Whether » By GaUlard and by Dom Vaissete ; the latter in an elaborate Essay, Vol. I., Preuves, p. 688. In his history, he thus narrates the effect of the donation : C'est alors que nous croions que ce Prince, touche de com passion pour ses deux neveux, Boggis et Bertrand, et sohicite sans doute par Amand Due des Gascons, aieul de ces deux Princes, leur donna par forme d' appanage, et a titre de duche' heriditaire, le roiaume de Toulouse ou la partie de l'Aquitaine qui avoit compose les etats du Roi Charibert leur pere. Nous avons deja parte aiUeurs de l'etendue de ce roiaume auquel la ville de Toulouse, qui en etoit la capitale, avoit donne son nom. Elle le fut aussi du duche d'Aquitaine possede par Boggis et Bertrand et par leurs descendans. Dagobert donna en meme terns a ces Princes l'avouerie sur tous les monasteres de ce duche a condition qu'ils tiendroient l'un et l'autre a foi et hommage de la couronne, et qu'Us paieroient au thresor roial un tribut annuel qu'il leur imposa. Ces deux Princes s'y soumirent, ou plutot le Due Amand, leur aieul, a leur nom, dans l'impuissance oh Us etoient de faire valoir leur pretensions, et a obtenir des conditions plus favorables. Depuis ce terns-la, Boggis et. Bertrand, et les Dues d'Aquitaine issus de leur branche, demeurerent sous la dependance de Dagobert et des Rois de Neustrie ses successeurs. C'est la, le premier exemple de Vheredite des fiefs dans la monarchie Francoise, ou plutot d'un appanage donne aux Princes de la maison roiale : appanage qui fut possede hereditairement jusqu'a la fin de la premiere race, par le fameux Eudes, et par les autres Dues d'Aquitaine ses successeurs, qui descendoient tous de Charibert Roi de Toulouse et frere de Dagobert. (Hist, de Languedoc Vol. I., p. 338. See also Gibbon, Vol. IX., ch. 49.) [Then it was that we believe this Prince, touched with compassion for his two nephews, Boggis and Bertrand, and doubtless at the request of Amand, Duke of the Gascons, grandfather of these two princes, gave them in form of ap panage and by title of hereditary duchy the Kingdom of Toulouse or the part of Aquitaine which had been the dominions of 47—2 740 Proofs and Illustrations Part ii. the language may not have been slightly altered by the scribe, is another question ; but it must be considered in connexion with the other fragments of Gascon and Aqui- tanian history (see below, p. 773). These are less explicit than the detaUs concerning Tassilo, but they establish the same principle — they exhibit Vassals bound by fealty, obligations often broken, and renewed again by compact — (III. 15 and 16). Antrustions, de- That those who were in the "King's trust" were also tmste Regis, the designated as the Fideles and Leudes, is I befieve generaUy men, his Leudes or admitted :1 ; but the French Lexicographers b have erred in ascribing to the word trust, the signification which trost or troost now bears in the German and Beigic dialects, i.e. comfort or consolation. It is plainly used in the sense yet preserved in our common and dady speech, and it is derived more readily from the Anglo-Saxon Trywsian, than from Trouwen (Germ.), which is also found in the Anglo-Saxon form of Treowian. oTthe'rlfnt*1' 0"ein As "Senior," afterwards S ignore and Seigneur, was King Charibert, their father. We have already spoken elsewhere of the extent of this Kingdom, to which the town of Toulouse, which was its capital, had given its name. It was also the capital of the duchy of Aquitaine possessed by Boggis and Bertrand and by their descendants. At the same time Dagobert gave to these princes the guardianship of aU the monasteries of this duchy on condition that they should persist, both of them, in fealty to and homage of the Crown and that they should pay to the royal treasury an annual tribute which he imposed on them. These two Princes submitted to this or rather the Duke Amand, their grandfather, did so in their name, having regard to their inability to make good their claims and to obtain more favourable conditions. From that time, Boggis and Bertrand and the Dukes of Aquitaine, who issued from their branch, remained subject to Dagobert and the Kings of Neustria his successors. This was the first example of the heredity of fiefs in the Frenoh monarchy, or rather of an appanage given to Princes of the royal house ; an appanage which was hereditarily pos sessed, until the end of the first race, by the famous Eudes and by tho other Dukes of Aquitaine his successors, who were all descendants of Charibert, the King of Toidouse and the brother of Dagobert,.] » See Mably and Guizot. b See Du Cange. Proofs and Illustrations 741 employed merely as a designation of rank, so "Junior" Part ii. was also applied, without any relation to age ; it only pointed out the situation of the party : the inferior was the younger in relation to his lorda, and although, according to the original application of the word, the Gwds (Latinized into Vassus1"), ought to have been a Youth, yet it would speedUy be used to designate every Antrustion who appeared as a dependent upon a superior. The employment of this Celtic term, which cannot be fairly deduced from any Teutonic root, assists in corroborating the opinion, that some of the main features of the feudal system, as it existed in Gaul, are to be deduced from the original poficy of the Celtic nations before their annexation to the Roman empire. According to the more recent law of England and France c, Homage and feaity,— ,. . . distinguished from homage and fealty were accurately distingmshed. Homage each other according ° . J i. t0 the more re«n* might be due without the necessity of taking the oath of law, »ut not in the ° ^ o earlier periods, — as fealty d; and in the Visigothic code we find a seeming appears .from the ?re- ^ ° ° cept of Antrustxon- distinction between the oaths of fealty and aUegiance e. shiP- Yet it is most probable that these differences did not exist at an early period. When the Antrustion entered into his obligation, homage and fealty were conjoined. The ancient English vassal seems always to have been compelled to take the oath of fealty (No. IV. 8). Nor do I observe any very substantial variation in the several forms of oaths which have been preserved (No. IV. 1 to 9), they are all of equal tenor. The form of surrendering a benefice appears twice in the Benefices, how sur- G x A rendered. history of TassUo. In the first instance, it is made by the a Alius vero census ab eis, neque a Comite, neque a junioribus et ministeriahbus ejus exigatur. (Praeceptum Lud. Pii pro Hispanis, A.D. 815, Baluze, I. 549.) [Let no other payment be required of them, whether by the Count or by his dependents and servants.] (Ordinance of Louis the Pious for the Spanish.) Many other examples may be found. (Du Cange.) b Gwds, a lad or young man, a page, a servant (Owen Pugh). From Gwasaeth, attendance, service, was formed " Vassaticum." ' See Littleton, IL, 1, and Brussel, pp. 19—28. d But Bracton seems to consider fealty as the necessary accompaniment of homage. (See IV. 8.) e See Allen's Enquiry, § Allegiance (pp. 54—92) in which this subject is treated with great clearness and consummate knowledge. 742 Proofs and Illustrations Part ii. delivery of the staff : in the second, by Guerpitim. When this last mentioned ceremony, analogous to the "Skjodning" of the Danes (see above, p. 325), was performed, the symbol was east into the lap of the person to whom the grant or surrender was made. This, in the law Latin of the Franks, was termed "Icesonxrpire" — from latz or loos, lap, and wyrpan or wyrfart, to cast. — In the "Praeceptum de Laesi- werpo" (No. I.) which for the reasons before stated (Chap. XVII.) I consider to be a mere formal conveyance, we have another example of the same ceremony. Examples of Bene- The examples (No. II.) in which hereditary benefices are fices granted on ex- # " V^t con?iderat'on o( granted expressly in consideration of fidelity or vassalage, may be compared with an Anglo-Saxon land-boc (see above, p. 302. — No. IV.) of the same description51. e^tence 7 n°h "" Upon the question of an hereditary right of possession in toruf di^Ve's "cil territorial dignities, the Capitulary of Kiersi1 (A.D. 877) has coiisi?d'e'redKbersisome usuaUy been considered as establishing the same. rucherrightstabUshin8: "Si Comes obierit, cujus filius nobiscum sit, fifius noster cum caeteris fidelibus nostris, ordinet de his, qui ilfi plus familiares et propinquiores fuerint, qui cum ministeriafibus ipsius Comitatus et Episcopo ipsius comitatum praevideant capitular? of Kiersi. usque dum nobis renuntietur. Si autem filium parvulum habuerit, isdem cum ministeriafibus ipsius comitatus et Episcopo in cujus parochia consistit, eundem comitatum a The plain import of the foUowing law seems to have been, that the performance of homage must necessarily precede the grant of a benefice. Noverint tamen ndem Hispani, sibi hcentiam a nobis esse concessam, ut se in vassaticum Coniitibus nostris more solito commendent. Et si beneficium aliquod quisquam eorum ab eo cui se commendavit fuerit consecutus, sciat se de illo, tale obsequium Seniori suo exhibere debere, quale nostrates homines de simili bencticio Senioribus suis exhibere soient. — (Praeceptum pro Hispanis, A.D. 815, — Baluze, I. p. 552.) [Nevertheless let these same Spaniards know that we have granted them permission, in accordance with the usual practice, to commend themselves in vassalage to our Counts. And if any of them obtains any benefice from him to whom he commended himself, let him know that he for that benefice is bound to show to his lord such vassalage as our men usually show to their lords for a similar benefice. (Ordinance for the Spaniards, A.D. 815.)] Proofs and Illustrations 743 prsevideat donee obitus praefati comitis ad notitiam nostram Part n. perveniat, et ipse filius ejus per nostram concessionem de illis honoribus honoretur. Si vero filium non habuerit, fihus noster cum cseteris fidelibus nostris ordinet, qui cum ministeriafibus ipsius comitatus et Episcopo ipsum comitatum praevideat, donee jussio nostra inde fiat. Et pro hoc nuUus irascatur, si eundem comitatum alteri cui nobis placuerit dederimus quam illi qui eum hactenus praevidit. Similiter et de vassallis nostris faciendum est. Et volumus atque expresse jubemus, ut tam Episcopi quam Abbates, et Gomites, seu etiam caeteri Fideles nostri, hominibus suis similiter conservare studeant; et tam de Episcopatibus quam et de Abbatiis vicinus Episcopus et Comes praevideant, ne afiquis res ecclesiasticas vel facultates diripiat, et nullus ad eorum eleemosynam faciendam impediat." [If a Count dies and his son be with us, our son together with the rest of our faithful men shall appoint from those who were in closer relationship and of nearer kin to him, men to act along with the ministers of the County itself and the Bishop as overseers to his County until such time as the matter be brought to our notice. But if he has a son under age, the same shall act as overseer to the said County with the help of the ministers of the County itself, and the Bishop in whose see it lies, untU such time as the death of the afore said Count be brought to our notice and his son himself be honourably confirmed in those honours by our concession. If however he has no son, our son together with the rest of our faithful men shaU appoint a man who, in conjunction with the ministers of the County itself and the Bishop, may act as over seer to that County, until our commands thereupon be made known. And let no man feel angry, if we give this same County to another man (whomsoever we please) than him, who up to that time has acted as its overseer. The same course is to be foUowed in the case of our vassals also. And it is our wiU and we do hereby expressly enjoin that both Bishops, Abbots and Counts, and also aU our faithful subjects, endeavour in like manner to safeguard the rights of their own dependents ; and both in the case of Bishoprics and also of Abbacies, the nearest Bishop and Earl shall see to it that no man do violence to the property or powers of the Church and that no man impede the free grant of the same.] It is obvious, however, that the law relates to the custody ...to be considered « 744 Proofs and Illustrations Part ii. of the County or Fief during the interval between the death relating to the custody of the father and the investiture of the heir. of Counties, &c. in the interval between Pho principles of succession appear from the fofiowine the death of the ' * ° vassal and the in- document, preserved amongst the Epistles of Eginhard • — vestiture of his sue- ' o x o • Magnifico et honorabili atque inlustri viro N. glorioso Homac performed ° x o upon change of Lord Comiti, Eghinardvs sempitemam in Domino salutem. N as well as oi Vassal. " L Documents proving Vassus Dominicus, frater uxoris N. Comitis, morbo pedum this principle. ' x *" vassal, who has re- et senectute gravis, volebat venire ad dominum Impera- ccivtd a benefice from . Charlemagne, unable torem : sed non potuit propter mfirmitatem suam. Cum to repair to Louis le . Debonnaire to per- primum potuerit, veniet ad servitium ejus. Interim postu- form homnge, prays ... . that he may receive lat, ut sibi liecat beneficium suum habere, quod ei dominus investiture in the ± meanwhile. _ Karolus Imperator dedit in Burgundia in pago Genawense*, usque dum iUe ad praesentiam ejus venerit, ac se in manus ejus commendaverit. Mihi quoque rectum et utUe videtur ut ita fiat, sicut ipse desiderat, quia vir bonus ac prudens est, et bonae famae inter vicinos suos : et vos bene facietis, si eum in hac re adjuvare dignemini. Opto ut semper bene valeatis in Domino. (Bouquet, VI. p. 375.) * [To the magnificent, honourable and illustrious man N., the glorious Count, Einhard sends eternal greeting in the Lord. N. the vassal of the Emperor, brother of the wife of the Count N., being weighed down with a disease of the feet and with old age, wished to repair to the Lord Emperor, but was not able to do so on account of his infirmity. On the first day that he is able to do so, he will come to do his service. Meanwhile he asks that it may be granted him to have his benefice, which the Lord Emperor Charles gave to him in Burgundy in the canton of Geneva, untU such time as he shall come to bis presence and shaU have commended himself to him. To me also it seems right and useful that this should be done as he desires, because he is a good and prudent man and of good report among his neighbours ; and you wUl do weU if you deign to help him in this matter. I wish that you may always be weU and strong in the Lord.] In this case the Vassal had received his Benefice from Charlemagne, and was about to renew his homage or com mendation to Louis le Debonnaire. The land had been seized in the King's hands until homage should be performed: and the Vnssus being unable to repair to the royal presence, in consequence of his infirmities, he prays, as a favour, that a The Gau of Ge nf or Geneva. Proofs and Illustrations 745 his homage may be respited, and that in the meanwhile he Part n. may be aUowed to enter into possession of the land. In this transaction there is nothing whatever incompatible with the theory which I have advanced, — of an inchoate right of succession, which became perfect, when the Vassal had complied with the conditions imposed by the original grant. The principle of beneficiary tenure wiU appear from another example. The Spaniard "Johannes," having de feated the Saracens in a great battle near Barcelona, offers a share of the spoU, — an excellent horse, a hauberk, and an Indian sword, with its sheath of sUver, to Louis, the son of Charlemagne, and prays that he may obtain a part of a certain "villare heremum" in the "Pagus" of Narbonne caUed "Fontes." The Spanish refugees were permitted to settle upon these lands, as appears from the "Praeceptum de Hispanis," and we can have no difficulty in affirming that they are such as the "campi vacantes" of the Theodosian code (Lib. vii. 20, 11), which the veterans were aUowed to occupy (Part I., p. 295) free of aU tax or tribute, but upon condition of military service. Johannes having commended himself to Charlemagne, he obtains a grant, to hold to him and his posterity, so long as they shall be faithful to Charle magne and his sons. — cognoscat almitas vestra, qualiter Johanne ad nos veniente, ostendit nobis epistolam quam dUectus filius noster Ludovicus ei fecerat et per ipsum ad nos direxit. Et invenimus in ipsa epistola insertum quod Johannes ipse super hsereticos sive Sarracenos infideles nostros, magnum certamen certavit in pago Barchinonense ubi superavit eos, in locum ubi dicitur ad Ponte, et occidit jam dictos infideles et cepit de ipsis spolia ; aliquid exinde dUecto filio nostro obtufit, equum optimum et brunia optima et spatam Indiam cum techa de argento parata; et petierat in pago Nar- bonense villare heremum ad laborandum, quem dicunt Fontes. Hie vero dedit ei ipsum villare et direxit eum ad nos. Et cfim ad nos venisset cum ipsa epistola, quam fifius J^^^^g™: noster ei fecerat, in manibus nostris se commendavit ; etshiP(seeabOTe>p-738)- petivit a nobis jam dictus fidelis noster Johannes ut ipsum vfilare, quod fifius noster ei dederat, concedere fecissemus. Nos vero concedimus ei ipsum vUlarem et omnes suos terminos et pertinentias suas ab integre, et quantum ille cum hominibus 746 Proofs and Illustrations Part ii. suis in villa Fonte joncosa occupavit vel occupaverit, vel de heremo traxerit, vel infra suos terminos, sive in aliis locis, vel villis, seu villare occupaverit, vel aprisione fecerit cum The unds granted by hominibus suis. Haec omnia concedimus ei per nostrum Charlemagne upon . ¦*¦ condiUon of feaity. donum, ut habeat iUe et posteritas sua absque uUo censu aut inquietudine dum nobis aut filiis nostris fideles extiterint. (Baluze, II. p. 1400.) [let your Crace be informed how John came to us, and showed to us a letter which our beloved son Louis had written for him and directed to us through his hands. And we find it inserted in this letter that the said John had fought a great fight with heretics or Saracens, our enemies, in the province of Barcelona and there overcame them at a place which is called "At the Bridge" and kiUed the aforesaid infidels and took spoils from them ; and of these he offered something to our beloved son; a goodly horse, a splendid hauberk and an Indian sword, with the scabbard made of sUver; and that he has asked for a certain uncultivated property in the province of Narbonne, which is caUed "Fountains." He indeed gave him this property and sent him on to us. And when he had come to us with the letter, which our son had written for him, he commended himself into our hands, and the aforesaid vassal of ours, John, did ask from us that we should cause to be granted to him the property which our son had given to him. We do grant him that property and aU its boundaries and appurtenances fuUy and aU that he along with his men has occupied or shall occupy in the estate, "Reedy Fountain," or shaU take in from the unoccu pied land, either within his own boundaries or in other places, or estates, whether he himself occupies the property, or does so by aUotment among his men. AU this we grant him by our free gift that he and his posterity may hold them without any rent or disturbance so long as they remain faithful to us or to our sons.] "Johannes" the "Vassus," "Fidelis," or "Homo fidelis," is now clearly in possession of his Benefice, but the first c1o°r?ingiyrenbyed the contingency happens, the death of the Senior, and im- Deb^naire aUefthe mediately (815) upon the death of Charlemagne, Johannes death of Charlemagne. app0ars before Louis le Debonnaire, performs homage in due form, and obtains a fresh livery of the lands, upon the same conditions as before, that he and his heirs should be the Fideles of the Emperor and the Emperor's heirs. TheFideiiscommends Qualiter quidam fwmo fidelis noster, nomine Johannes, Proofs and Illustrations 747 veniens in nostra praesentia, qui in manibus nostris se com- Part n. mendavit, et petivit nobis sua aprisione, quicquid genitor himself, and performs noster ei concesserat ac nos, et quicquid ille occupatum habebat, aut aprisione fecerat, vel deinceps occupare aut prendere potebat, sive filii sui cum homines eorum, et ostendit nobis exinde auctoritate quod genitor noster ei fecit. Nos vero alia ei facere jussimus sive melioravimus. Et concedimus eidem fideli nostro Johanne in pago Nar- bonense viUare Fontes, et villare Cello Carboniles, cum iUorum terminos et pertinencias cultum et incultum, ab integre et quantum Ule in villa Fonte joncosa, vel in suos terminos, sive in aliis locis vel villis sive villares occupavit, sive aprisionem fecit una cum suis hominibus, vel deinceps facere poterit, tam Ule quam filii sui omnia per nostrum donitum habeant, Ule et filii sui et posteritas Ulorum, absque ullum censum vel alicujus inquietudine. . . . Et haec auctoritas condition of feaity as nostra firmis permaneat, dum Ule et filii sui et posteritas illorum ad nos, et ad filios nostros, aut ad posteritatem Ulorum fideles extiterint. (Baluze, II. p. 1406.) [How a certain faithful man of ours, by name John, who coming into our presence commended himself into our hands and requested us to grant him his own aUotment whatever our father had granted to him we should likewise grant ; and what ever he himself had occupied or had acquired by aUotment or would henceforward be able to occupy or take, or his sons and their men; and showed to us thereupon the authority which our father had given him. We have given orders that other and better privUeges be given him. And we grant to this same John, our vassal in the province of Narbonne, the property of Fountains and the property of Cello Carboniles with their boundaries and the appurtenances thereof, tUled or unfilled, fully, and as much as he had occupied in the property of "Reedy Fountain" either in its boundaries or in other places either towns or properties, or any aUotment he has made among his men or shaU be able to make hereafter ; that both he and his sons should hold all by our donation, he and his sons and their posterity, without return or disturbance from anyone And this our authority is to remain firm as long as he and his sons and their posterity shall remain faithful to us and our sons and their posterity.] In 844, Louis le Debonnaire and Johannes are both dead ; obtlfnT ° nvery of the first is succeeded by Charles le Chauve, and Theodfrid, fl^Jf 748 Proofs and Illustrations Part ii. the son of the "Vassus" or Beneficiary, appearing before his Senior, prays for livery of his inheritance ; and, accordingly, he receives the same. Notum sit omnibus sanctae Dei ecclesiae fidefibus et nostris, praesentibus atque futuris, quia quidam fidelium nostrorum regni Septimanice, Vassus noster, nomine Teodtfridus, nostris obtulit obtutibus auctoritatem avi nostri Karoli, qua con- tinebatur qualiter patri suo, nomine Johanni, praescriptus bonae memoriae avus noster Karolus concesserat vUlarem ad laborandum qui vocatur Fontes cum omni sua integritate, et quantumcunque ille in Fonte joncosa de heremi vastitate traxit cum suis hominibus. Ostendit etiam nobis epistolam domni et genitoris nostri Hludouvici piissimi Augusti ad Sturmionem comitem directam, ut praedictam viUam, id est, Fontes, memorato Johanni absque uUo censu et inquietudine habere dimitteret. Propter quam epistolam avus noster Karolus, ut in sua auctoritate continetur Uli fieri jussit hoc. prayerfortterenewai Unde et praedictus fidefis noster, nostram deprecatus est Benefice. misericordiam ut nos denuo praedictam vUlam quemad modum domnus avus noster augustus ac serenissimus augustus genitor noster patri suo per eorum litteras con firmaverunt, nos denuo illi cum sua integritate vel termino confirmare dignaremur. Quapropter et has litteras nostras illi fieri jussimus; per quas volumus atque firmamus ut praedictus qui moderno habet fidelis noster Teodtfridus saepedictam villam Fontes perpetud tenere, habere et absque ullius inquietudine possidere. (Baluze, II. p. 1445.) [Let it be known to aU the faithful of the holy Church of God and to our vassals present and future, that a certain one of our faithful men of the kingdom of Septimania, our Vassal, by name Theodfrid, did present for our scrutiny the authority of our grandfather Charles, in which it is written how our above mentioned grandfather Charles, of pious memory, had granted to his father, named John, a property to cultivate, called Fountains, with all its appurtenances, and as much as he reclaimed from the uncultivated waste in "Reedy Fountain," he and his men. He also showed us the letter of our lord and father Louis, the late most pious Emperor, addressed to Count St.urm.io, bidding him grant the aforesaid estate viz. Fountains to the aforesaid John to hold without rent or disturbance. On account of this letter of our grandfather Charles he (Louis) ordered this to be granted him as it was contained in its Proofs and Illustrations 749 authority. Whereupon the aforesaid faithful man did also part n. beseech our mercy that we should deign to confirm to him anew the aforesaid estate, in such wise as the lord and emperor our grandfather and our most serene father, the late emperor, had con firmed it to his father by their letters with all its appurtenances and boundary. Wherefore we have ordered these our letters also to be written for him, and through them we will and con firm that the aforesaid Theodfrid, our faithful man, who now has it, should hold for ever the above-mentioned estate of Fountains, have it and possess it without disturbance frOm anyone.] Upon these documents, Gruizot observes, — " Ainsi, malgre l'heredite du titre, chaque fois que le beneficiaire ou le donateur venait a mourir, le possesseur du benefice croyait avoir besoin d'etre confirme dans sa propriete: tant l'idee primitive de la personalite de cette relation et des droits qui en decoulaient etait profondement empreinte dans les esprits." [Thus, in spite of the heredity of the title, each time the beneficiary or the donor died, the possessor of the benefice thought that he needed to be confirmed in his property : to such an extent was the primitive idea of the personality of this relation and the rights that flowed from it, deeply imprinted on their minds.] AU this, however, is arguing away from the documents, which are so plain as to leave no doubt of their construction. There was no loose belief of the expediency of confirmation, but a clear necessity of obtaining a renewal of the grant ; the land had been granted upon condition of fidelity. UntU Johannes had put his hands between the hands of Ludovicus Pius, he had not ensured such his fidelity. When he had complied with the forms, and renewed the bond of commendation, which had been severed by death, then he became entitled to his Bene fice, not by favour, but pursuant to law, and he received investiture accordingly. I. PRxECEPTTJM DE LxESIWERPO. Quidquid enim in praesentia nostra agitur, vel per Precept of Lassiwer- ± x ^ p0f being the record manum nostram videtur esse transvulsum, volumus ac of the surrender made „ . to a Sovereign by a jubemus ut maneat in posteram robustissimo jure firmis- FUeiis, to the intent 750 Proofs and Illustrations Part ii. simum. Idedque veniens ille [*Adalbertus], fidelis noster that he might take it ibi in palatio nostro, in nostra vel& Procerum nostrorum back for his life with " remainder to another prcesentia, vUlas nuncupates Ulas, sitas in pago Ulo, sua spontanea voluntate, nobis per festucam visus est werpisse, vel condonasse, in ea ratione, si ita convenit, ut dum vixerit eas ex nostro permisso sub usu beneficio debeat possidere, et post suum discessum sicut ejus adfuit petitio, nos ipsas villas fideli nostro illi [f Lanfrido], plena gratia visi fuimus concessisse. Qua propter per praesens decernimus praecep tum, quod perpetualiter mansurum esse jubemus, ut dum- modo taliter ipsius illius decrevit voluntas, qu6d ipsas vUlas in supra scriptis locis nobis voluntario ordine visus est levsowerpisse, vel condonasse : et nos praedicto viro illi [Adalberto] ex nostro munere largitatis, sicut ipsius illius decrevit voluntas concessimus ; hoc est tam in terris, domi- bus, aedificiis, accolabus, mancipiis, vineis, sUvis, campis, pratis, pascuis, aquis aquarumve decursibus, ad integrum quicquid ibidem ipsius ilfius portio fuit, dum advixerit, absque aUqua deminutione, de quafibet re usufructuario ordine debeat possidere : et post ejus discessum memoratus ille [Lanfridus] hoc habeat, teneat et possideat, et suis posteris, aut cui voluerit, ad possidendum rehnquat. Et ut haec auctoritas, &c. (Marculfi Form. I. 13.) I. [Precept of L-esiwerfo. For whatever is done in our presence or is seen to be decided under our hand, we do wiU and command that it remain for the future firmly established by the most enduring right. Whereas he (Adalbert), our trusty subject coming here in our palace, in our presence and in the presence of our Peers, did openly "werp" or bestow on us, by means of the rod, of his own free will, those towns here mentioned, situate in that province, on this understanding, (for so it was agreed) that, while he was alive, he was entitled to possess them with our permission under the tenure of a benefice, and after his death, (even as he him self asked), we, with full favour, should openly grant these towns to him (Lanfrid) our vassal. Wherefore by this present precept we do decree (and wo do order that this decree shaU abide for ever) that, as he himself has wished, he has openly and of his own free will, "Icesowerped" or bestowed on us these towns in the tt Vel is here used for et. Proofs and Illustrations 751 places above-mentioned, and we have granted them to this part II. aforesaid man (Adalbert) out of the munificence of our bounty, just as he himself wished ; to wit that he is entitled to possess and enjoy the usufruct of any thing whatsoever in lands, houses, buildings, inhabitants, slaves, vine-yards, woodlands, plain- lands, meadow-lands, pasture-lands, lakes or running waters, fully, in so far as his portion lies therein, whUe he fives, with out any diminution; and after his decease the aforesaid man (Lanfrid) should have, hold, and possess it and bequeath it to his posterity or to whomsoever he wishes, to possess. And in order that this authority etc. (Formulae of Marculf, I. 13.)] Being convinced, as I have before observed, that this (See chap, xvn.) important document was not, as has been hitherto supposed, the voluntary surrender of an AUodiafist for the purpose of obtaining the protection of a Senior, I fluctuated in opinion respecting its real import. — I rather incUned, however, to the supposition that the transaction was a surrender of Allodial or Folkland, made in order that the owner himself might receive it back with a power of testamentary dis position. On further consideration, I am now entirely satisfied that the surrender is made in Court by the Bene ficiary tenant [*Adalbert] for the purpose of transferring the land, after his death, to another person [f Lanfrid], or, as we should say in common legal language, a surrender of a customary freehold to the use of himself for life, remainder to Lanfrid. AU difficulties wiU be removed, if we advert to the circumstance pointed out by Hallam, and which enabled him to rectify the mistakes committed by Houard and Montesquieu in explaining another of tbe forms of Marculfus (Middle Ages, chap, n., p. 1), namely, that these forms being mere precedents, the blanks are to be filled up3- before they are employed. In this instance theirs* "*Ule" refers to the tenant, and the second "t Ule" to the grantee of the reversion. The best explanatory comment upon the Frankish precept wUl be found in the foUowing feudal surrender. If we divest the charter of the technical phraseology of the Engfish law, it will be seen that the transactions are identical in effect, and very nearly so, even in form. a As is here done with the names "* Adalbert" and "f Lan frid." 752 Proofs and Illustrations Part ii. Hathewisia de Gurneio, omnibus hominibus suis atque compare with the amicis Francis et Anglis salutem. Sciatis quod Alexander Precept "de lsesiwer- ^- p°" de Budicumbd totam terram suam de Cliveware vendidit Thoiiur filio Willielmi pro C. et in. sofidis, et totum suum ••in nostra et pro- jus oi quietum clamavit, in praesentia mei et meorum hominum cerum nostrorum . . A „ 71-, •,. • -,-, pmsentia." in curia mea apud Barowam ; scihcet Ulam terram quam Robertus de Gurneio pater meus ei^pro servicio suo dedit ; et ipse "per festucamr Alexander se inde demisit ; et per unum ramum arboris eam terrain michi quietam reddidit in manum ad saisiendum praedictum Thomam de Ula. Et ego saisivi Thomam inde per eundem ramum arboris ; ad tenendum in capite de me et de meis haeredibus sibi et suis haeredibus, per servicium idem quod Alexander michi faciebat, scilicet servicium v. partis unius militis ; cum quinque f erdellis terrae de Bacwelld ; et ipse Thomas meus homo inde devenit ; et annulum aureum michi inde dedit de recognitione. Hanc convencionem concedo, et hac mea, carta et sigilli mei impressione confirmo. Testibus hiis Thoma de Buritond, Mathello de Gurneio, Rogero de Batvent, Willielmo filio Radulphi, Widone, Roberto de Batvent, Roberto de Warewic [with seventeen others]. (Madox, Formulare Anglicanum, p. 54.) [Hawise de Gurney to aU her men and friends, both French and English, greeting. Know ye that Alexander of Buddicumbe has sold the whole of his land of Cliveware to Thomas, son of William, for one hundred and three shillings and has quit claimed to him all his right therein in the presence of me and my men in my court at Barrow ; to wit that land which Robert de Gurney, my father, gave to bim for his service ; and the said Alexander divested himself thereof and by a branch of a tree did restore to me this land into my hand for the purpose of granting possession thereof to the aforesaid Thomas: and I granted possession of this to Tliomas by the same branch of a tree to be held in chief of me and my heirs to him and his heirs, for that same service which Alexander performed to me, to wit the service of a fifth part of one knight; with five fardels of the land of Backwell. And Thomas himself thereupon became my man and gave to me a golden ring in recognition thereof. This agreement I hereby concede and by this my charter and with the impression of my seal do hereby confirm, on the witness of the foUowing : Thomas of Buriton, Matthew de Gurney, Roger de Bavent, William Fitz-Ralph, Wido, Robert de Bavent, Robert of Warwick [with seventeen others].] Proofs and Illustrations 753 Part II. Benefices granted upon express Condition of Service. (1.) Concedimus cuidam fideli nostro, nomine Nivelongo, sub Benefices granted up- ° ' on the express con- devotione servitii sui, quasdam res juris nostri, sitas in pago?"1™ o£ serTice °5 7 x J ' x o fealty — compare with Otisioderinse seu JVastfmewse [the Gatinois], Unde boV^e1aboTC°nlaio2" et hanc nostras firmitatis auctoritatem scribere jussimus, piece 4- per quam memorato fideli nostro supra taxatas res, jure proprietario, cum omni eorum integritate concedimus. (Dip. Karofi Calvi, A.D. 843— Bouquet, VIII. p. 435.) [We have granted to a certain faithful man of ours, named Nivelong, under vow of his service, certain possessions of our jurisdiction, situated in the province of Auxerre or Wastin [the Gdtinais] Wherefore we have ordered this authority of our confirmation to be written, whereby we grant with all their appurtenances, in proprietary right, the possessions specified above to our aforesaid faithful man. (Diploma of Charles le Chauve, A.D. 843.)] (2.) Concedimus cuidam fideli nostro nomine Sicfrido et per hanc nostram auctoritatem largimur, ob devotionem servitii sui, quasdam res juris nostri quae ita noscuntur fore. In pago Russilione villa videlicet, &c. Ea videlicet conditione ut quemadmodum de reliquis rebus suis, &c. liberam habeat potestatem faciendi quicquid elegerit, &c. (Dip. Karoli Calvi, A.D. 843— Bouquet, VIII. p. 436.) [We grant to a certain faithful man of ours, named Sicfrid, and by this our authority we bestow the same, on condition of the vow of his service, certain possessions of our jurisdiction, which are known to be so. In the province of RoussiUon a town, to wit &c. To wit on this condition that as m the case of the remainder of his possessions &c. so he may have free power of doing whatsoever he chooses &c. (Diploma of Charles le Chauve, A.D. 843.)] (3.) In nomine Domini nostri Jesu Christi Dei aeterni, Hlo- tharius divina ordinante providentia, Imperator Augustus. omnium fidelium sanctae Dei ecclesiae ac nostrorum, p. vn. 48 754 Proofs and Illustrations Part ii. praesentium videUcet et futurorum, noverit industria, quia dUectissima ac f amUiarissima femina nostra Doda, ad nostram accedens majestatem, deprecata est celsitudinem nostram pro quodam fideli vassallo nostro Ebroino nomine, ut ei quasdam res nostrae proprietatis, quae in pago Hasbannio sitae esse noscuntur, id est, in villa Gundrinio, mansum domini- catum unum, ad quem pertinere noscuntur, inter terram arabUem et pratum, bunuaria decem et octo, et alii mansi serviles sex, cum mancipia quinque, ad proprium con- cederemus, ac per praeceptum nostrum largiremur Ita videlicet ut quicquid ex eis deinceps jure proprietario facere voluerit, scilicet vendendi, donandi, commutandi, liberam in omnibus habeat potestatem faciendi, sicut et de reliquis hereditatis suae rebus : Ita tamen ut nusquam a nostra discedat fidelitate. A.D. 855. (Martene, Amplissima Col- lectio, Vol. I. p. 138.) [In the name of Our Lord Jesus Christ, everlasting God, Lothaire, by the ordinance of God's providence, Emperor Au gustus . . . , let the dUigence of aU the faithful of the holy Church of God and of us, to wit both present and future, take note, that whereas our beloved and intimate consort, Doda, approaching our majesty, did pray our highness on behalf of a certain faithful vassal of ours, named Ebroin, that we should grant and bestow upon him by our precept, for his own, certain possessions of our ownership, which are known to be situated in the province of Hesbaye, to wit, in the town of Gundrinium, one domain farm to which are known to belong, between the plough-land and the meadow, eighteen bonniers1, and six other farms with villeins, with five slaves... In such manner, to wit, that whatever he wishes to do with them in the future, with proprietary right, to wit, seU, bestow or exchange, he may have free power to do so in aU things, just as he would with regard to the remaining property of his inheritance : on this condition however that he in no case depart from his fealty to us. A.D. 855. Martene, An extensive CoUection of ancient Writers &c.l Proofs and Illustrations 755 jjj Part II. Extracts from Historians of the Frankish Empire, elucidating the principles and progress of fealty and Beneficiary Tenure. (1.) Reverso ad Alamanniam Rege, habitum est in vUla, quae 88,»- dicitur Cholonpurum, generale conventum. Inde edictum chaiif^Marquifatei est Baiowarios ad Italiam contra Witonem beUigera manu fice of Pannonia, or proficisci. Quippe Pannonia magnum detrimentum patitur. them >i°n condition r . . ... r of defending the same cuius rei unde exordium narratur assumpsisse stilo enu- againsttheMoravians. , The Honour not being cleamus. Igitur cum duo fratres, Willihelmus et Enqils- "stored to their sons, D_ _ "but granted to Arbo, chalcus, terminum regni Bajowariorum in oriente a Rege (id J1?15 soas and *h.eir . ° kinsmen expel the m- est, seniore Hludouuico) concessum, contra Maravos tenu- truder- erunt, multaque pro patria tuenda conflictando sudasse feruntur: tandem diem ultimum hujus aeris 'in eadem voluntate finivere permanentes. Cum vero non esset honor Ulorum filiis redditus, Arbo in Comitatum domno Rege concedente successit. Quod prasdictorum virorum pueruli, iUorumque propinqui in contrarium accipientes et vertentes dixerunt alterutrum fieri, et Arbonem Comitem si non recederet de Comitatu parentorum suorum, et seipsos ante faciem gladii morituros. Hoc experimento Arbo concussus, amicitiam iniit cum Zuentibaldo Duce Maravorum gentis, firmatoque inter Ulos fcedere, filium suum obsidem fieri non tardavit. Nee minus ipsi praedicti pueri consulunt quosdam primores Bajoioaricce gentis, coUatisque propinquis ac undique copiis, fortior manus in id tempus illis adstabitur. Comitem a Rege constitutum inhonorifice expellebant, comitatumque illis in usum usurpaverunt. (Ann. Franc. Fuld. Bouquet, VIII. p. 48.) [When the King had returned to Alamannia, a general assembly was held in the town which is caUed Colmar. There an edict was promulgated that the Bavarians should set out to Italy with a hostUe army to attack Wito. Pannonia is indeed suffering great loss, and we explain with the pen how the beginning of this affair is said to have arisen. Two brothers therefore, William and Engelschalk, held the boundary of the kingdom of Bavaria on the eastern side, granted them by the King (i.e. Louis the Elder) against the Moravians, and are said to have expended much energy in their conflict for the pro tection of their country. At length they reached the last day 48—2 756 Proofs and Illustrations Part II. of their lives remaining steadfast to the end in their loyal attitude. When therefore the succession was not bestowed on their sons, Arbo succeeded to the County by the Lord King's concession. But the sons of the aforesaid men and their relatives when they heard this and took it Ul, said that one of two things would happen, either that Count Arbo, if he did not evacuate the County of their fathers, or they themselves, would perish by the edge of the sword. Arbo, stunned by this new departure, formed a friendship with Zwentibold, Duke of the Moravian people, and when a treaty had been established between them, did not hesitate to make his son a hostage. With no less despatch the aforesaid youths seek the counsel of certain nobles of the Bavarian people, and after coUecting their relatives and their forces from aU sides, the stronger force was with them for that season. They expelled with disgrace the Count that had been appointed by the King, and usurped the County to their own use. (Annals of Fulda.)] (2.) 594—595 His diebus Tassilo Rex Bajoariorum a Hildeberto con- Tassilo I. appointed ..... . r, i • , ¦ • J King of the Bavarians stituitur, qm mox, Sclavis superatis, magnam exmae praedam deportavit. (Hermannus Contractus, Bouquet, III. p. 324.) [In those days Tassilo was appointed King of the Bavarians by Hildebert, and he soon afterwards overcame the Slavs and carried away much spoU from them. (Hermann the Halt.)] 596. His diebus Tassilo a Childeberto Rege Francorum apud Bajoariam Rex ordinatus est. (Paul. Diac. de Gestis Langobardorum, Bouquet, II. , p. 637.) [In those days Tassilo was ordained King in Bavaria by Childebert, King of the Franks. (Paul the Deacon, Acts of the Lombards.)] (3.) 743- Ogdilo, Dux Bajoariorum, qui Hiltrudem filiam Karoli ad Odilo (a descendant of 4* . 7 Tassilo 1.) obtains his se lusncnteni in coniugmm sibi copulaverat contra voiun- Duchy by the grant of _, . . . ' , . , charie. Martel. t atom Pippnu ot Karlomamu, se et etiam ducatum suum, quem largiciitc olim Karolo Principe habuerat, a dominatione Francorum subtrahere nitebatur: qua de causa, compulsi sunt gloriosi germani exercitum contra ipsum ducere. (Ann. Metenses, Bouquet, II. p. 686.) Proofs and Illustrations 757 [Odilo, Duke of the Bavarians, who had married Hiltrudis, part ii. the daughter of Charles, contrary to the wishes of Pepin and Carloman, when she sought refuge with him, strove to with draw himself and Ms duchy, which he had held by the gift of the Emperor Charles in former times, from the domination of the Franks. For this reason the glorious brothers were con strained to lead an army against him. (Annals of Metz.)] (4.) Grifo, Saxonum fidei diffidens, Bajoariam petiit, et copfis, 74°- quae ad eum de Francia confluebant, ipsum Ducatum in suam odfio)0 restored to"his redegit potestatem : Tassilonem et Hilthtrudim in deditionem uc 7 ' accepit; Swiihgerum sibi in auxilium venientem suscepit. Haec cum ad Pipinum perlata fuissent, cum maximo exercitu in Bajoariam profectus est, fratremque suum Grifonem cum omnibus qui cum eo vel ad ipsum ed venerant, cepit, Tassi lonem in Ducatum restituit : domumque reversus, Grifonem, more Ducum, duodecim comitatibus ditavit. (Annales Eginhardi, Bouquet, V. p. 197.) [Grifo, who distrusted the good faith of the Saxons, attacked Bavaria and with the forces, which flocked to his banner from France, reduced that Duchy to his power. He admitted to surrender Tassilo and Hiltrudis, and received Swithger who was coming to his aid. But when these matters reached the ears of Pepin, he set out with a large army to Bavaria, and captured his brother Grifo and all those who had come thither either with him or to him, and restored Tassilo to the Dukedom. And when he had come home, he presented twelve counties, a ducal endowment, to Grifo. (Annals of Einhard.)] Grifo, de Saxonia iter peragens, fugiendo in Bagauriam 74s. usque pervenit, ipsum Ducatum sibi subjugavit, Hiltrudem cum Tassilone conquisivit. Swidger ad eum venit in solatio supradicti Grifonis. Haec audiens Pipinus, iter Uluc arripiens cum exercitu suo, supranominatos totos sibi subjugavit, Grifonem secum abduxit, Lantfridum simUiter. Tassilonem vero in Ducatu Bajoariorum conlocavit per suum beneficium. Grifonem vero partibus Neustrice misit, et dedit ei duodecim comitatus. (Annales Loiseliani, Bouquet, V. p. 33.) [Grifo, pursuing his journey from Saxony, came in his flight to Bavaria and subjugated the Dukedom to himself, conquering Hiltrudis and Tassilo. Swidger came thither to aid the above- 758 Proofs and Illustrations Part II. mentioned Grifo. When Pepin heard this, he hastened to march thither with his army and subjugated aU those mentioned above and took Grifo away with him and also Lantfrid. He also placed Tassilo in the Duchy of Bavaria by his benefice. How ever he sent Grifo to the province of Neustria and gave him twelve counties. (Annals of Lorsch.)] 74°, 749- Pipinus Bajoariam adiens, Tlmssilonem sororis suae Hiltrudis filium, Ducem ibi constituit. (Hermannus Con tractus, Bouquet, III. p. 331.) [Pepin came to Bavaria and appointed Tassilo, the son of his sister Hiltrudis, Duke there. (Hermann the Halt.)] (5.) 754,755- Venit Dessilo ad Martis Campum. (Annales Nazariani, Tassilo. as the Vassal -r, , t7 t /\ \ of Pepin, attends the -DOUquet, V. p. 10.) Champ de Mars, — performs military ser- [Tassilo came to the Champ de Mars . (Annals of St. Nazaire.)] Rex Pipinus, cum nepote suo Tassilone, Bajoariorum Dux, partibus Italics usque ad Ticinum iterum accessit, et totam regionem IUam fortiter devastans, circa muros Ticini utraque parte fixit tentoria, ita ut nuUus exinde evadere potuisset; haec Aistulfus, Rex Langobardorum, cernens, &c. (Chron. Fredegar., Bouquet, V. p. 3.) [King Pepin, with his nephew Tassilo, Duke of Bavaria, again came as far as Ticinum (Pavia) in the parts of Italy, and devastating ruthlessly the whole of that region, fixed his tents around the waUs on aU sides of Ticinum, so that no one could escape thence. When Aistulf, King of Lombardy, saw this &c. (Chronicle of Fredegaire.)] (6.) 757- Rex Pipinus tenuit placitum suum in Compendio cum Pepin intheap?acitUrn Francis. Ibique Tassilo venit. Dux Bajoariorum, in vassatico comcs0wsPva?sai, perl se commendans per manus: sacramenta juravit multa et forms homage, and • , ... ....,-, , -_ - , •_ takes the oath of lnnunierabilin , rebquus Sanctorum Martyrum manus lm- ws sons" charies and ponens : ct fidelitatem promisit Regi Pipino et supradictis Carloman, — the Ba- „,.. . ,. y> 7 ^,7 - x varian Nobles do the nlus ejus, I )omno Carolo et Carlomanno, sicut vassus recta like — compare with . 7 7. x the Precept of Antrus- mcntc et tirma dcvotionc per pistitiam domino suo esse deberet. tionship (see above, * p.738),andtheAngio- Sic confirmavit supradictus Tassilo supra corpus Sanctorum Saxon Homages (see L . above, p. 348 &c). IHonysii, Rustici et Eleutherii, necnon et S. Germani, seu Sancti Martini • ut omnibus diebus vitae suae sic conservaret, Proofs and Illustrations 759 sicut sacramentis constrictus promiserat. Sic et ejus Part n. homines, majores natu, qui erant cum eo, firmaverunt, sicut dictum est, in locis superius nominatis et in aliis multis. (Annales Loiseliani, Bouquet, V. p. 34.) [King Pepin held his Assembly at Compiegne with the Franks. And Tassilo, Duke of the Bavarians, came there and entrusted himself in fealty into his hands. He swore many oaths, too numerous to mention, placing his hands on the relics of the holy Martyrs and promised fealty to King Pepin and to his sons above-mentioned, the Lord Charles and Carloman, just as a vassal of upright mind and loyal devotion is justly bound to be to his lord. In this way the above-mentioned Tassilo con firmed his oath over the bodies of the Saints Dionysius, Rusticus and Eleutherius and also of St. Germanus and St. Martin, that he would, all the days of his life, continue to keep the same, in accordance with his bounden oath and promise. So did his men also, the elders who were with him, confirm their oaths, in like manner as has been told, in the places mentioned above and in many other places. (Annals of Lorsch.)] Constantinus Imperator, Pipino Regi multa misit munera, 757, inter quae et organa, quae ad eum in Compendio villa per- venerunt, ubi tunc populi sui generalem conventum habuit. Blue et Tassilo Dux Bajoariorum cum primoribus gentis suae venit, et more Francico, in manus Regis in vassaticum manibus suis semetipsum commendavit ; fidelitatemque tam ipso Regi Pipino, quam filiis ejus Karolo et Karolomanno jurejurando super corpus Sancti Dicmysii promisit. Sed non solum ibi, verum etiam super corpus Sancti Martini, et Sancti Germani, simifi sacramento, fidem se praedictis dominis suis diebus vitas suae servaturum est pollicitus. Similiter omnes primores ac majores natu Bajoarii, qui cum eo in praesentiam Regis pervenerant, fidem se Regi et filiis ejus servaturos in praedictis venerabilibus locis promiserunt. (Annales Egin- hardi, Bouquet, V. p. 198.) [The Emperor Constantine sent many gifts to King Pepin, amongst which was the organ, which came to him in the town of Compiegne where he was at that time holding a general assembly of his people. Thither also came Tassilo, Duke of the Bavarians, and with him the leading men of his people, and in the Frankish manner he commended himself in vassalage into the King's hands with his own, hands. And he promised fealty to King Pepin and also to his Sons, Charles and Carloman, by Partii. 760 Proofs and Illustrations an oath over the body of St. Dionysius. But not only there, but also over the body of St. Martin and St. Germanus, he promised with a similar oath to preserve fealty to his lords aforesaid, all the days of his life. In like manner aU the leading men and elders of the Bavarians, who had come with him into the presence of the King, promised in these venerable places aforesaid, that they would preserve fealty to the King and his sons. (Annals of Einhard.)] (7.) 7*3 Pipinus Rex habuit placitum suum in Nivernis. Et Tassilo violates his oaths of feaity. quartum iter faciens in Aquitaniam, ibi Tassilo Dux Bajoari orum postposuit sacramenta et omnia quae promiserat, et per malum ingenium se inde seduxit, omnia benefacta quae Pipinus Rex avunculus ejus ei fecit, postposuit : per ingenia fraudulenta se subtrahendo, Bajoariam petiit, et nusquam amplius faciem supradicti Regis videre voluit. (Annales Loiseliani, Bouquet, V. p. 35.) [Pepin the King held his Assembly in the Nivernais. And when he made a fourth expedition into Aquitaine, Tassilo, Duke of the Bavarians, there contemned his oaths and all the promises which he had made, and by an evU disposition withdrew himself from them and made hght of aU the favours which his uncle King Pepin had bestowed on him. Withdrawing on fraudulent pretexts, he repaired to Bavaria and would never look upon the face of the above-mentioned King again. (Annals of Lorsch.)] 7«3. Redeunte anni congruo tempore, conventu in Nivernis habito, et contractis undique copiis, Rex Pipinus Aquitaniam repetit, et omnia quae extra munitiones erant ferro et igne depopulatus, usque ad Cadurciam oppidum accessit. Inde cum exercitu integro in Franciam- se recepturus, per Limo- vicam regreditur. De qua expeditione Tassilo, Bajoaria Dux, .Tgritudine per dolum simulate, in patriam reversus est : finna.t6que ad defectionem aninio, ad Regis aspectum se ulteiius vonturum ab juravit. 764- Rex Pipinus, distraeto in diversa animo propter duo bella; Aqiiitanicum scilicet jam olim susceptum, et Bajoari- cum propter Tassilonis Ducis defectionem suscipiendum, populi sui generalem conventum habuit in Wormacia civitate. Proofs and Illustrations 761 DUataque in futurum expeditione, Ulo anno domi se continuit. Part n (Annales Eginhardi, Bouquet, V. p. 199.) [When a suitable time of the year had come round and his Assembly had been held in the Nivernais, King Pepin gathered together his forces from all quarters and again goes to Aquitaine, and after laying waste with fire and sword all the country that was outside the fortifications, he came as far as the town of Cahors. From there intending to return to France with his entire army, he retraces his steps through Limoges. In this expedition Tassilo, Duke of Bavaria, craftUy pretending that he was sick, took no part and returned to his country. And when his determination to revolt had been settled, he swore that he would never come any more to the King's presence. King Pepin, his mind greatly distracted by two wars, to wit the one which had already for some time been undertaken in Aquitaine and the one which he would have to undertake against Bavaria owing to the defection of Tassilo the Duke, held a general assembly of his people in the city of Worms. And postponing his expedition to a future time, he remained at home for that year. (Annals of Einhard.)] (8.) Tassilo, Dux Bajoarice, contra Karolum Regem rebeUat, 7i0- T_xx • /-.t t^ • 7 • • t* -.7. Tassilo, instigated by hortatu uxoris suae quae filia erat Desiderii Regis, et exilium hiswife.rebeisagainst x • • . .7. 7 /.~o Charlemagne. patris sui per maritum suum vindicare tentabat. (Chron. Sigeberti, Bouquet, V. p. 377.) [Tassilo, Duke of Bavaria, rebels against King Charles, at the instigation of his wife, who was the daughter of King Desiderius, and who wished to attempt to avenge her father's exile by means of her husband. (Chronicle of Sigebert of Gemblours.)] (9.) Sine hoste fuit hic annus, nisi tantum Vurmacia civitate 781- venerunt Franci ad Placitum : et ibi fuit Tassilo, Dux de pfadtum, or champ r> • . ~ -r^ . , de Mai — presents gifts mioaria, niagnaque munera presentavit Domno Kegi et per to the King. suum comigatum rediit ad patriam. (Annales Petaviani, Bouquet, V. p. 15.) [This year was without hostihties, except only that the Franks came to an Assembly in the town of Worms and there came Tassilo, Duke of Bavaria, and presented many gifts to 762 Proofs and Illustrations Part ii. the Lord King and returned with bis licence to his country. (Petau's Annals.)] (10.) 781. Carolvs Romam veniens honorifice ab Adriano Papa XeAJoi^nane,pathch,ng siiKccptuH est. Et cum ibi sanctum Pascha celebraret, bapti- liTtinc him Job'servethe zavit idem Pontifex filium ejus Pipinum, unxitque in Regem. haahswo'rn'ealt7 " w Unxit etiam et Ludovicum fratrem ejus, quibus et coronam — renew^M™ oath»°™t imposuit. Quorum major, id est, Pipinus, in Langobardia: rftc™ordhsCbrea^eadgainy mmor verf"' in Aquitania Rex constitutus est quibus gestis, in Franciam reversus est. Sed cum Roma? esset, convenit inter ipsum atque Adrianum Pontificem, ut simul Legates mitterent ad Tassilonem Ducem Bajoarice, qui eum commonerent de sacramento quod Pipino Regi et filiis ejus ac Francis juraverat: scilicet ut eis subjectus esset ac obe- diens. Electi ac directi sunt in hanc legationem de parte Pontificis, Formosus ac Damasus Episcopi, et de parte Regis Richolfus Diaconus, atque Eberhardus Magister Pincernarum. Qui cum, ut jussi erant, commemorate Duci locuti fuissent, in tantum cor ejus emollitum est, ut diceret se statim veUe ad Regis properare praesentiam, si sibi tales dentur obsides, sub quibus de sua salute dubitare nuUa sit necessitas. Quibus datis, sine cunctatione apud Wormaciam ad Regem venit, sacramentum quod jubebatur juravit, obsides duodecim qui imperabantur sine mora dedit: quos Suidbertus Reginensis Episcopus de Bajoaria in Carisiaco ad conspectum Regis adduxit. Sed idem Dux domum reversus, non diu in ea quam promiserat fide permansit. (Annales Eginhardi, Bouquet, V. p. 205.) [When Charles came to Rome, he was honourably received by Pope Adrian. And when he was celebrating the holy feast of Easter there, this Pontiff baptized his son Pepin and anointed him King. He also anointed his brother Louis as well and placed the crown on their heads. And the elder of them, to wit Pepin, was appointed King of Lombardy, and the younger King of Aquitaine and when these things had been done, he returned to France. But when he was at Rome, it was agreed between him and Pope Adrian that they should both send Legates to Tassilo, Duke of Bavaria, to remind him of the oath which he hail sworn to King Pepin and his sons and to the Franks, to wit that he would be subject and obedient to them. On behalf of the Pope, the Bishops Formosus and Damasus Proofs and Illustrations 763 were elected and despatched on this Embassy, and on behalf Part n. of the King, Riculf the Deacon and Eberhard the Master of the Cupbearers. And when they had spoken to the aforesaid Duke as they had been ordered, his heart was so softened that he said that he was wfiling to hasten immediately to the King's presence, if they would give him such hostages that there would be no occasion to fear for his own safety. When these were given, he came to the King at Worms without delay and swore the oath which he was ordered to swear, and gave with out delay the twelve hostages which he was ordered to give; and these Suidbert Bishop of Regensburg brought from Bavaria to the King's presence at Kiersy. But the Duke when he had returned home did not long abide by the fealty which he had promised. (Annals of Einhard.)] (11.) Carolus Rex Francorum de Roma revertens ad Paveia 787- m «x x 7- 7 7 ¦ , , , Tassilo surrenders up his Civitatem Langobardos congregavit, . . . postea, commoto duchy to chariemagne, by exercitu Francorum, perrexit in fines Alemannorum et Be- ReenewsVehTs°vassaiage— juveriorum ad flumen quod appeUatur Lech. Illucque veniens his son giTen as a hostage- Dessilo Dux Bejuveriorum ad eum, et reddidit ei cum baculo ipsam patriam, in cujus capite similitudo hominis erat. Et effectus est vassus ejus, et Theodonem filium suum dedit ei obsidem. (Annales Nazariani, Bouquet, V. p. 12.) [Charles, King of the Franks, on his return from Rome, summoned the Lombards to the town of Pavia, and thereafter, having coUected the army of the Franks, he proceeded to the territory of the Allemannians and Bavarians, as far as the river which is caUed Lech. And Tassilo, Duke of the Bavarians, coming thither to him, restored his country to him by the delivery of a staff, on the head of which there was the image of a man. And he became his vassal and gave his son Theodon as a hostage to him. (Annals of St. Nazaire.)] Karolus perrexit in fines Bajuvariorum, et Uluc venit 787- Dux Tassilo, et reddidit ei ipsam patriam cum baculo, in cujus capite similitudo hominis erat sculptum, et dedit ei filium suum Deodonem obsidem. (Annales Guelferbyt., Pertz, I. p. 45.) [Charles proceeded to the territory of the Bavarians and Duke Tassilo came to him there and restored to him his country by the delivery of a staff, on the head of which there 764 Proofs and Illustrations Part II. was carved the image of a man ; and he gave him his son Deodon as a hostage. (Annals of Wolfenbiittel.)] (12.) 788, Dcssilo autem Dux Bejuveriorum venit in Franciam ad Tassilo brought before chariemagne, accused of Regem Francorum Carolum, ad villain quae appeUatur Inaol- treason, — confesses his x x x j guilt— shorn as a monk, hehii. Post haec ergo transmisit jam praefatus Rex Legates suos in Bejuveriam post uxorem ac fiberos jam prasfati Ducis. Qui studiose atque efficaciter jussionem Regis im- plentes, adduxerunt haec omnia, una cum thesauris, ac familia eorum copiosa valde, ad jam dictum regem. Cumque haec ita agerentur, comprehensus est jam praefatus Dux a Francis, et ablatis armis ejus, ductus est ante regem. Igitur cumque simul sermocinarentur, interrogavit eum de insidiis atque dolosis consiliis, quod cum multis gentibus jam ohm ei praeparare conatus fuerat. Quod cum Ule negare ne quaquam praevalere videbatur, invitus jussus est comam capitis sui deponere. Ille autem magnis precibus postula- bat Regem, ut non ibidem in Palatio tonderetur, propter confusionem videlicet, atque opprobrium quod a Francis habere videbatur. Rex enim precibus ejus adquiescens, ad Sanctum Nazarium, qui juxta Rheno flumine in corpore re- quiescere cognoscitur, eum transmisit ; et ibidem clericus effectus est, et inde exUiatus est ad Ccenobium quod appeUatur i»n-shed als° sh°m a"d ^eme^cum- Duo quoque filii ejus, his nominibus, Theoto et Theotbertus, utrique tonsurati atque exiliati sunt. Nam et uxor jam praefati Ducis nomine Luitburga exifiata esse com probatur. Ha?c ergo omnia ad gloriam et honorem domino Regi, ad confusionem vero et opprobrium fiebant inimicis suis, ed qu&d rerum Creator omnium fecit eum semper esse triumphatorem. (Annales Xazariani. Bouquet, V. p. 12.) [Moreover Tassilo, Duke of Bavaria, came to France to the presence of Charles, King of the Franks, at the town called Ingclheim. Whereupon therefore the aforesaid King despatched his Legates to Bavaria to fetch the wife and chUdren of the aforesaid Duke. And they, zealously and effectively fulfilling the King's command, brought all of them together with their t reasure and a numerous retinue of their servants, to the afore said King. And when this was being done, the aforesaid Duke had already been arrested by the Franks, and after his arms had been taken from him he was led before the King. When Proofs and Illustrations 765 therefore they came to speech with one another, the King ques- part n. tioned him about the plots and crafty plans which he had for a long time been trying to form with many nations against him. When he seemed utterly at a loss to deny this, much against his will he was ordered to have his head shorn. He however with urgent prayers begged the King not to have him shorn there in the Palace on account of the confusion and disgrace he would incur in the eyes of the Franks. And the King, paying heed to his prayers, sent him to St. Nazarius, whose body is known to lie near the river Rhine; and there he was made a monk, and forthwith exiled to the Convent which is called Jumieges. And his two sons, named Theoto and Theotbert, were also both of them shorn and banished. And the wife too of the aforesaid Duke, named Luitberga, was also deemed worthy of exile. All these things therefore were done to the glory and honour of the Lord King and to the confusion and disgrace of his enemies, because the Creator of aU things made him always to triumph. (Annals of St. Nazaire.)] [Another narrative of the preceding trans actions.} Reversus est saepe nominatus Rex, et celebravit Pascha 787- cum domno Apostolico in Roma. Ibique, venientes missi wldo^r'thf p0p^, Tassilonis Ducis, hii sunt, Arnus* Episcopus, et Hunricus praymg Abba, petierunt Apostolicum ut pacem terminaret inter domnum Carolum Regem et Tassilonem Ducem. Unde et domnus Apostolicus multum se interponens, postulando jam dicto domno Regi. Et ipse domnus Rex respondit Apostolico, hoc se voluisse, et per multa tempora quaesisse, et minime invenire potuisse, et proferebat statim fieri. Et voluit supradictus domnus Rex in praesentia domni Apostolici cum ipsis missis pacem firmare : et renuentibus supradictis missis, [The King often mentioned above returned and celebrated Easter with the Lord Pope at Rome. And there came to him there messengers from Duke Tassilo, to wit, Bishop Arnus and Abbot Henry, requesting the Pope to establish peace between the Lord King Charles and Duke Tassilo. Whereupon the Lord Pope made urgent appeals as mediator to the aforesaid King. And the Lord King himself answered the Pope and said that such was his wish and that he had for a long time sought this consummation but had not been able to find any means of accomplishing it, and offered to bring it about at once. And the aforesaid Lord King wished to establish peace with the messengers themselves in the presence of the Lord Pope, but the aforesaid messengers refused to do this saying that they 766 Proofs and Illustrations Part ii. dicendo, quia non ausi fuissent de eorum parte uUam firmi- The Pope fulminates an tatem facere. Apostolicus verd ctim cognovisset de insta. anathema against Tas- ° "^ sao, unless he observes the bilitate vel mendacio eorum, statim supra dictum Ducem oaths which he had sworn L .x^vxxx furrh?r"d'edoCreSTthatPoS'! eorum vel s,ns consentaneis anathema posuit: si ipsa sacra- o'be'dieiice'10 Cntr.ema''"^ menta> 1U8e promiserat domno Pipino Regi, et domno Carolo jX ahbso!vednfrom™ai'i si'n item Rcgb non adimplesset. Et obtestans supradictos missos, &dXu oceabs'ion'edh by ut contestarent Tassilonem, ut non alitor fecisset, nisi in ww*™/ b?unTrtakefln omnibus obediens fuisset domno Regi Carolo, et fifiis ejus, et agamst the rebels. genti Francorum, ut ne forte sanguinis profusio proveniret, vel laesio terrae iUius. Et si per se Dux, obdurate corde, verbis supradicti Apostolici minime obedire voluisset, tunc domnus Carolus Rex, et suus exercitus absoluti fuissent ab omni periculo peccati, et quicquid in ipsa terra factum eveniret in incendiis, aut in homicidiis, vel in qualecumque malitia, ut hoc super Tassilone et ejus consentaneis evenisset, et domnus Rex Carolus ac Franci inoxii ab omni culpa exinde permansissent. Haec verba expleta, missi Tassilonis absoluti sunt. Et tunc in invicem sibi domnus Apostolicus atque domnus gloriosus Carolus Rex valedicentes, bene- dictione assumpta, oratione peracta, Franciam jamdictus dared not agree to any settlement on their own authority. When therefore the Pope perceived their insincerity and deceitfulness, he pronounced an anathema against the aforesaid Duke and his partisans, unless he fuUy observed his oaths, which he had promised to the lord King Pepin and also to the lord King > Charles. And he conjured the aforesaid messengers to bear witness to Tassilo that he had not observed his oaths unless he had been obedient in aU things to the lord King Charles and his sons and to the people of the Franks, so that perchance no shedding of blood might ensue or grievous hurt to his land. And if the Duke of his own accord hardened his heart and utterly refused to obey the words of the aforesaid Pope, then the lord King Charles and his army would be free from all danger of sin and whatsoever should happen in that land, in respect of burnings or killings or any evfi-doing, so that the responsibility of it should fall on Tassilo and his partisans; and the lord King diaries and the Franks should remain free from all blame in respect of them. On the completion of these words, the messengers of Tassilo were dismissed. And then when the lord Pope and the glorious lord King Charles had said farewell to one another and the Apostolic blessing had been given and tfieir conversation ended, the most Ulustrious Proofs and Illustrations 767 prEeceUentissimus Rex reversus est. Et pervenit idem mitis- Part n. simus Rex ad conjugem suam domnam Fastradam Reginam in civitate Warmatia : et ibi ad invicem gaudentes et laeti- ficantes, ac Dei misericordiam conlaudantes : synodum nam que congregavit suprascriptus domnus Rex ad eandem civi tatem. Et sacerdotibus suis, et aliis optimatibus nunciavit, qualiter omnia in itinere suo ¦peragebantur. Et cum venisset ad hunc locum, quod omnia explanasset de parte Tassilonis, sicut actum erat: tunc perspiciens idem Rex ut missos mitteret, mandaretque Tassiloni, ut omnia adimplere festi - naret, secundum jussionem Apostolici, vel sicut justitia erat : eo quod sub jurejurando promissum habebat, ut in omnibus Tassiio summoned to aP- obediens et fidelis fuisset domno Regi Carolo, et filiis ejus, vel which he refuses to do. ' Francis, et veniret ad ejus praesentiam, quod renuit, et venire contempsit. Tunc domnus Rex Carolus una cum Francis chariemagne leads his x army against Tassilo. videns justitiam suam, iter ccepit peragere partibus Bajoarice cum exercitu suo, et per semetipsum venit in loco, qui Lecfel vocatur, super civitatem Augustam. Et jussit alium exer citum fieri, id est, Francorum, Austrasiorum, Thoringorum, et Saxonum, et conjugere super Danubium fluvium, in loco King aforesaid returned to France. And this most gracious King came to his wife, the lady Queen Fastrada, in the town of Worms, and there they both rejoiced and made merry and praised God's mercy. For the above-mentioned lord King summoned a synod at that town, and he told his priests and bis nobles how aU matters had been transacted during his journey. And when he came to that part of the story in which he explained aU that had taken place in regard to Tassilo, exactly as it had taken place, then the King bethought him that he should send messengers and lay his commands upon Tassilo to fulfil with dispatch aU obligations according to the Pope's command, as was only right, inasmuch as he had promised under oath that he would be obedient and faithful in all things to the lord King Charles and his sons and to the Franks and to come to his presence : this he refused to do and disdained to come. Then the lord King Charles together with the Franks, assured of the justice of their cause, began to march into the territory of Bavaria with his army and came in person to the place which is caUed Liefel, above the town of Augsburg. And he ordered another army to be formed, to wit of Franks, Austrasians, Thuringians and Saxons, and to unite on the banks of the river Danube, in a place which is called 768 Proofs and Illustrations Part ii. qui dicitur Faringa. Et tertium exercitum jussit fieri par tibus Italice, ut domnus Pipinus Rex venisset usque ad Triantum cum exercitu suo, et ipse ibi maneret, et exercitum suum pleniter in ante mitteret usque ad Bauzanum. Tunc prospiciens sc Tassilo ex omni parte esse circumdatum, et videns quod omnes Bajaorii plus essent fideles domno Regi Carolo, quam ei, et cognovissent justitiam jamdicti domni Regis, ut magis voluissent justitiam consentire, quam con- ^d5,'0^nChoBttaSes0maec' Trarn ,SS('- undirpie contristatus Tassilo venit per semet- ipsum, tradens se manibus domni Regis Caroli in vassaticum, et reddens Ducatum sibi commissum a domno Pipino Rege, et cognovit se peccasse in omnibus et male egisse. Tunc denuo renovans sacramenta, et dedit obsides electos duo decim, et decimum tertium, fifium suum Theodonem. Re- ceptis obsidibus, et praestitis sacramentis, tunc reversus est prefatus gloriosus Rex in Franciam. Et celebravit Natalem Domini in viUa quae dicitur Ingilenhaim, et Pascha similiter. 7«8. Et immutavit se numerus annorum in dcclxxxviii. Tunc Tassilo appears .before 7 t-» y-, 7 7 7.7., chariemagne, at ingie- domnus Rex Carolus congregans synodum ad jam dictam heim, like the other Vas- ... r ., 7 . ... . . Z, ., . - . sais. viUam Ingilenhaim, ibique vemens 1 asstlo ex jussione domni Pforing. Nod he ordered a third army to be formed in Italy, so that the lord King Pepin should come with his army as far as Trient and remain there himself, but send his army in full strength forward as far as Bozen. Then Tassilo perceived that he was surrounded on aU sides and seeing that aU the Bavarians were more loyal to the lord King Charles than to him and that they had recognized the justice of the aforesaid lord King's cause, so that they were more wishful to abide by his justice than to oppose it; Tassilo, I say, comfortless on every side, came in person and delivering himself into the hands of the lord King Charles as a vassal and surrendering the Duchy granted to him by the lord King Pepin, acknowledged that he had sinned and behaved wickedly in aU things. Then he renewed afresh his oaths and gave twelve chosen hostages and as a thirteenth his son Theodo. When the hostages had been received and the oaths administered, then the aforesaid glorious King returned to France. And he celebrated the Festival of our Lord's Nativity in the town which is caUed Ingelheim and also the Feast of Easter. And the number of the years changed to 788. Then when the lord King Charles summoned a synod at the aforesaid town of Ingelheim, Tassilo came there also upon the commands of the lord King, like the rest of his Proofs and Illustrations 769 Regis, sicut cceteri ejus vassi. Et coeperunt fideles Bajoarii Part ii. dicere; quod Tassilo fidem suam salvam non haberet, sed postea fraudolans appareret, postquam filium suum dedit cum aliis obsidibus, et sacramenta fefellit, suadente uxore sua Luitberga. Quod et Tassilo denegare non potuit, sed confessus est, se ad Avaros transmisisse vassos supradicti domini Regis, ut ad se cohortando venirent : et se super vita Regis conciliasse; et homines suos, quando jurabant, jubebat ut afiter in mente retinerent, et sub dolo jurarent : et quod magis confessus est, se dixisse, etiamsi decem filios haberet, omnes voluisset perdere, antequam placita sic manerent, vel stabUe permitteret sicut juravit. Et etiam dixit, melius se moriturum esse, quam ita vivere. Et de his omnibus comprobatus, Franci, et Bajoarii, Langobardi et Saxones, vel omnes ex aliis provinciis, qui ad eandem synodum con- gregati fuerunt, reminiscentes priorum malorum ejus, et quomodo domnum Pipinum Regem in exercitu derelinquens, et ibi quod Theodisca lingua " Harisliz" dicitur, visi sunt judicasse se eundem Tassilonem ad mortem. Sed dum omnes Accused of Harisiiz— a . .,7, p • ,•*• (*¦*• desertion from the una voce acclamarent capitah eum tenre sententia, jam- Here or Army) — and vassals. And the loyal Bavarians went on to say that Tassilo was not keeping his oath of fealty but that his treachery was manifest later, after he gave his son with others as hostages, and violated his oaths at the instigation of his wife Luitberga. And this Tassilo could not deny, but confessed, that he had sent vassals of the lord King aforesaid to the Avars to try and persuade them to come to him, and that he had plotted against the life of the King; and he ordered his men,' when they swore, to make a mental reservation and swear deceit fully; and, what was more serious, he confessed that he had said, that even if he had ten sons, he would rather lose them all than that the agreements should remain as they were or that he should suffer what he had sworn to be permanent. And he also said that he would rather die than live under such con ditions. And when proofs of aU these charges were preferred against him, the Franks, Bavarians, Lombards and Saxons, and all those from other provinces, who had been assembled at that synod, remembering his former misdeeds and how he had deserted the lord King Pepin when on an expedition and had then committed what in the Theodiscan tongue is caUed "Harisliz," openly condemned this same Tassilo to death. But when they all with one voice acclaimed that he should p. vn. 49 Placitum. 770 Proofs and Illustrations Part n. dictus domnus Carolus piissimus Rex, motus misericordia deninedtrtoTeathi, °the °^ amorem Dei, et ' ' Scottish Barons to the and lim, warldly honour, homage, fealty and lawty, against King. all that five and die. Zour counseU conceUand, tfiat ye schaw me. The beet counsel schawand, gif ye charge me, your skaith or dishonour not to hear or see, bot I shaU let it at aU my gudly power, and warne zow theirof . Swa helpe me God. (Bishop Nicholson's Pref. to WUkins, p. vii.) (8.) * Devenio homo vester, de tenemento quod de vobis teneo g*1^™ ^{^ (vel afiter) quod de vobis teneo et tenere debeo ; et fidem according to Bracton. 780 Proofs and Illustrations Part ii. vobis portabo de vita et membris, et terreno honore, (secun dum quosdam, vel afiter, secundum alios) de corpore et catallis et terreno honore, et fidem vobis portabo contra omnes gentes (qui vivere poterint et mori, secundum quos dam) salva fide debita domino Rege, et haeredibus suis. Et statim post, faciat domino suo sacramentum fidelitatis hoc modo: oath oi feaity to be taken Hoc audis, Domine N. quod fidem vobis portabo de vita immediately after the ho- # x ¦"¦p- et membris, corpore, et catallis, et terreno honore, sic me Deus adjuvet et haec sancta Dei evangelia. (Bracton, Lib. II. Cap. 25, § 8.) [I become your man in respect of the holding which I hold from you (or alternatively — which I hold and am bound to hold from you) ; and I wUl bear unto you faith of life and limb and earthly honour (thus according to some, but according to others — of body, chattels and earthly honour), and I wiU bear unto you faith against aU peoples (that can hve and die, according to some), saving the faith I owe to the lord King and to his heirs. And immediately afterwards he shall take, the oath of fealty to his lord in this fashion : Hear this, my Lord N. that I wiU bear you faith of life and limb, body, chattels and earthly honour, so help me God and these holy Gospels of God.] (9.) nodus faciendi homa- Quant fraunk homme fra hommage a son Seignur, de qi gium, usually, but erro- . , ... , neousiy, considered as a il tient son chief mesuage, u tendra ses maims lointes par entre Statute of the 17 Ed. II. ° . les mains son Seignur, et dirra issint — Jeo deveigne vostre homme de ceo jour en avaunt, de vie et de membre et de terrein honour, et foi vous porterei del tenement qe jeo clayme tenir de vous, sauve le foi qe jeo doi a nostre Seignur Roi. Quant fraunk homme fra feaute, il tendra sa main destre outre le livre, et dirra issint — Ceo oiez vous monsieur R. qe jeo vous serrei foial et loial, et foy vous porterei des tene- mentz qe jeo clayme tenir de vous, et loialment vous conu- sterei et loialment vous ferrei les custumes et les services qe faire doie as tonnes assignez : si moy eide Dieux et les Seintz. (Stat. temp, incert. Modus faciendi homagium.) [When a free man shall do his homage to his liege lord, from whom he holds his chief tenement, he shaU put his hands joined Proofs and Illustrations 781 together between the hands of his lord and shaU say these Part II. words: I become your man from this day forward, in life and limb and earthly honour, and I wfil bear unto you faith in respect of the holding which I claim to hold from you, saving the faith that I owe to our Lord the King. When a free man shaU do his fealty, he shaU put his right hand on the book and shaU say these words : Hear you this, my Lord R. that I wiU be faithful and loyal to you and wiU bear unto you faith in respect of the holdings which I claim to hold from you and wUl loyaUy acknowledge you and loyaUy perform to you the customs and the services which 1 am bound to do at the terms assigned : So help me God and the Saints. (Statute of uncertain date, How homage is done.)] MILITARY ADOPTION— KNIGHTHOOD. Du Cange supports the opinion, that the origin of Military adoption. Chivalry is to be sought in the ceremony of military adoption, st Pait?fe °PP° deduced from the ancient Teutonic usage commemorated by Tacitus. (Hist, de St. Louis, Diss. XXII., Des adoptions d'honneur en fiis, et, par occasion, de l'origine des Chevaleries, , —also in his Glossary, Arma.) Some examples adduced by him are not exactly in point ; but, on the whole, his argu ments are convincing. The interesting and spirited, but fanciful St. Palaye, who has often substituted the visions of romance for the truth of history, seems rather to abandon this conclusion ; but he has faded to observe, that Chivalry, like feudality, is a complex institution. The religious sen timent, the high wrought feeling of Gothic Knighthood, may have been derived from other sources ; but the main feature of the military initiation is, indisputably, found in the in vestiture of the Teutonic youth. The best proof of this assertion wiU be given by the simple juxtaposition of a few examples selected from the annals of different realms and distant ages. (1.) i ..* ;x__, Arms given to the Ger- Arma sumere non ante cuiquam mons, quam civitas man youth in the Foik- suffecturum probaverit : tum in ipso concilio, vel Principum the 'nobles, or by his .. . , . . father or some near re- ahquis, vel pater, vel propinquus, scuto frameaque juvenem uuon. 782 Proofs and Illustrations Part n. armat: haec apud Ulos toga, hic primus juventae honos. (Tacit. Germ. 13.) [It is not usual for any one to wear arms till the state has declared him duly qualified : then in the CouncU (Folkmoot) either one of the Nobles or a father or a near relative arms the youth with a shield and a spear: this is their manly gown, this the first honour of their youth. (Tacitus, Germania, 13.)] (2.) Military adoption of the Regi Herulorum, Theodoricus Rex. — Per arma fieri posse King of the Heruli by , . .r Theodoric of Verona. hbum grande inter gentes constat esse praecomum, quia non est dignus adoptari nisi qui fortissimus meretur agnosci Et ideo more gentium et conditione virifi, filium te presenti munere procreamus ; ut competenter per arma nascaris filius. Damus tibi equos, enses, clypeos, et reliqua instrumenta bellorum ; sed quae sunt omnibus fortiora, largimur tibi nostra indicia. (Cass. Var. IV. 2.) [King Theodoric to the King of the Heruli : To be capable of being made a son by mihtary adoption, is admitted to be a great commendation among these nations, because a man is not worthy of adoption unless he has earned the reputation of being considered very brave. . . . Wherefore in accordance with the custom of the nations and thy manly estate we do create thee our son by this present gift, in order that thou mayest be properly born a son by mUitary adoption. We do give to thee horses, swords, bucklers and aU the other instruments of war, but what are stronger than aU, we do bestow on thee the marks of our favour. (Letters of Cassiodorus, IV. 2.)] (3.) 79'- Interea anno hunc sequente, patri Regi Rex Ludovicus with" the sword"a'by *nis Engleheim occurrit, inde Renesburg cum eo abiit. Ibique ense, jam appellens adolescentia? tempora, accinctus est (Vita Lud. Pii, Bouquet, VI. 89.) [Meanwhile in the foUowing year King Louis met his father the King at Inglcheim and went with him thence to Regensburg. And there he was girt with the sword, as attaining to the age of adolescence. (Life of Louis le Debonnaire.)] Proofs and Illustrations 783 (4-) Part II. Domnus Imperator filium suum Karolum, armis virilibus, 83s. id est, ense cinxit, corona regaH caput insignivit, partemque „•£' ^"swordX *£.* regni quam homonymus ejus Karolus habuit, id est, Neus- La*">rLeparU,7Dtobhis triam attribuit. Et praesentes quidem Neustrice provinciae ofteNeuftriahe oathfd°o1 primores Karolo manus dederunt, et fidelitatem sacramento fealt7 taken t0 him' obstrinxerunt : absentium autem quisque postea itidem fecit. (Vita Lud. Pii, p. 121.) [The Lord Emperor girded his son Charles with manly arms, to wit, a sword, and he adorned his head with a royal crown and assigned to him a part of the Kingdom which Charles of the same name had, to wit Neustria. And indeed the leading men of the province of Neustria who were present gave their hands to Charles and bound themselves with an oath to be faithful to him: moreover aU those who were absent did the same at a later date. (Life of Louis le Debonnaire, p. 121.)] (5.) Tunc jussu patris in testamento, Aihelstanus in Regem Athelstane, when a w . ° created a knight by Alfred acclamatus est, quem jam tricennafis aetas et sapientife his grandfather, who m- ' x ,, -1- vests him with the robe, maturitas commendabant. Nam et avus Alfredus pros- the sword> and the belt- perum ei regnum olim imprecatus fuerat, videns et gratiose complexus speciei spectatae puerum et gestuum elegantium, quem etiam premature Militem fecerat, donatum clamyde coccinea, gemmato baltheo, ense Saxonico cum vagina aurea. (Malm, de Gestis, ii. 6.) [Then by order of his father in his wiU, Athelstan was proclaimed King, for his age of thirty years and the ripeness of his wisdom highly commended him for the dignity. For his grandfather Alfred had a long time previously prayed for a prosperous reign for him, when he had seen and had graciously embraced a lad of such approved appearance and elegant manners. For he had also made him a Knight at a very early age> hy presenting him with a scarlet robe, a jeweUed belt and a Saxon sword with a golden sheath. (WiUiam of Malmesbury, Acts of the Kings, ii. 6.)] (6.) Here the King bare his crown, and held his court at ™j^ kni(?hted b7 his Winchester at Easter; and so he traveUed, that he was at «j£. wuliam «" c°n- Westminster at Whitsuntide ; and he dubbed his son Henry a Knight here [and dubbade bis sunu Henric to ridere thaer]. (Sax. Chron.) Partii. 784 Proofs and Illustrations "78- Rex [Henricus] vero post Archiepiscopi recessum, Gau- tanVknigb°eTby°Hen.ru /n^wm filium suum Comitem Britannice militem fecit apud Wodestokam. (Benedictus Abbas, p. 266.) [King [Henry] after the departure of the Archbishop, made his son, Geoffrey, Count of Brittany, a Knight at Woodstock. (Abbot Benedict, p. 266.)] (8.) "8s- Et sic finito concilio, Dominus Rex venit usque Winde- JohnknightedbyHen.il. x T~v l- i • 117. preparatory to his being soveres, et Dominica media quadragesimae quae kalendis und.'" 'see piece 4.) "" Aprilis evenit, honoravit Johannem, filium suum, armis mUitaribus, et statim misit eum in Hyberniam, et eum inde regem constituit. (Benedictus Abbas, 435.) [And when this CouncU was thus ended, the King came to Windsor, and on Mid Lent Sunday, which feU on the 1st of AprU, he honoured his son John with knightly arms, and immediately sent him to Ireland and appointed bim king there. (Abbot Benedict, p. 435.)] LEGISLATION OF THE STATES COMPOSING THE FRANKISH EMPIRE. (See Parti., chap, xvii.) In the legislative bodies which existed in the States com- JTt£u3tote£!!£ posing the Frankish Empire, there were, as I have observed, pireSTh\hIoverei^'rnifght two modes of enactment; the law might be transmitted by fa'wTo* thethassembiyTor the Sovereign to the assembly ; or, he might make his decree an™egr 'toThe petitions' or constitution, upon the request or petition of the different niarxnereanaiogo'us'tonthe ranks or orders, according to the practice of the Roman practice of the Lower Empire (Part I., p. 279), empire. and also to the practice ^ . . . , .. , J 1, of the Parliaments, states- Of such legislation, pursuant to petitions presented Dy General and Cortes, of the *~ 7777. x" Middle Ages. the clergy, there are two very remarkable and mstructive examples. A "Conventus Popidi " is held at ThionvUle, 821 a, a 821. Medio Octobri conventus pubficus in Theodonis villa out celebrates. — (Vita Lud. Pii, p. 104.) [In the middle of October a public assembly was held in the town of ThionvUle. (Life of Louis le Debonnaire, p. 104.)] Medio mense Octobri conventus generalis apud Theodonis villam magna, populi Fran corum frequent itl celebratur. (Eginhardi Annales, p. 181.) [In Proofs and Illustrations 785 and at the same time and place, the prelates of Gaul and Part II. Germany are assembled in synod. In tbe last mentioned Council it was decreed, that a humble supplication should be addressed to the Sovereign, praying for the infliction of additional punishments upon those who might assault or slay the clergy. A Capitulum enacted by Charlemagne had rendered such offenders liable to pecuniary penalties a; but a late atrocious act, the assassination of a Gascon bishop, had shown that these were inadequate, and therefore the clergy prayed that heavy penances should be imposed. The murderer of the Bishop is to abstain from meat and wine during the whole of his life, to be excluded from the nuptial bed, and to put off, for ever, the belt and sword of chivalry. Proportionate penances are to protect the inferior orders of the hierarchy: the "weres" are increased by additional pay ments to the ecclesiastical superiors ; and, upon the motion of the Archbishop of Mainz, the Bill was presented to the Sovereign and his fideles for their approval. "Petitio Episcoporum." 821- <~< -7- 7 7m 7 7 • • o •¦ Proceedings of the Council In Conciho apud Theodonis villam ubi interfuerunt xxxu. of ThionvUle, the Pre- , . x lates being convened con- Episcopi, Aistolfus Maqontiensis Archiepiscopus, cum suis currently with the con- r r ' J a r r ' ventus Populi. A petition suffraganeis ; Hadabaldus, Coloniensis Archiepiscopus, cum pres'ntedf^\hhees°*g[^n' suis suffraganeis ; Hetto, Trevirensis Archiepiscopus, cum suis °f ^"^"^SSuitfag suffraganeis ; Ebbo, Remensis Archiepiscopus, cum suis suffra- or slaTulK the Clerey- ganeis ; cum nuntiis reliquorum Episcoporum Gallice et Ger- manice, ob nimiam praesumptionem quorundam tyrarmorum in sacerdotes Domini bacchantium, et propter factum quod in Wasconia noviter acciderat de Episcopo Johanne inhoneste et inaudite mordridato, decretum est, ut communi" consensu et humifi devotione supplicaretur auribus Principis, si suae pietati complaceret, ut calumnia in Christi sacerdotes peracta the middle of the month of October a general assembly was held in the town of ThionvUle and a great crowd of the Frankish people were present. (Annals of Einhard, p. 181.)] The pro ceedings of the councU, as now existing, do not show that it was held concurrently with this lay assembly. The clergy sought to disunite themselves as much as possible from the laity. a As " Wites" to the King,— or as " Weres" to the party or his kinsmen? — This point is uncertain. Fleury is of the latter opinion. — I have considered Louis le Debonnaire and Lothaire as constituting one Emperor. r. vn. 50 786 Proofs and Illustrations Part II. juxta synodalia determinaretur pleniter statuta, hoc idem Episcoporum judicio placeret, si ex toto secundum potes- tatem ipsorum posset definiri, id est, ut canonica ferirentur sententia ; hi videlicet qui timorem Domini postponentes in ministros suos grassare praesumerent. Quod si verd pie- tati illius complaceret, juxta capitula regum pr83cedentiuma ubi eorum provisio misericorditer in offensis pecuniae quanti- tatem interposuit, pro consolatione Sanctae Ecclesiae, ut praefatae res per pecuniam ab imperatoribus sacerdotibus ad defensionem concessam, et per pcenitentiam determina- rentur Episcoporum judicio si pietas illius conlaudare voluerit, sic definiri eis complaceret. ["Petition of the Bishops." In the CouncU at the town of ThionvUle, where were present thirty-two Bishops, Aistulf, Archbishop of Mainz and his suffragans ; Hadabald, Archbishop of Cologne and his suffragans ; Hetto, Archbishop of Treves and his suffragans; Ebbo, Arch bishop of Rheims and his suffragans, together with the nuncios of the remaining Bishops of Gaul and Germany ; on account of the excessive presumption of some tyrants who raged against the priests of the Lord and on account of what had recently happened in Gascony to Bishop John, who had been shamefully murdered, a thing hitherto unheard of, it was resolved that they, with one consent and in humble loyalty, should make their prayer in the ears of the Sovereign, if it should so please his piety, that the trial of every offence committed against the priests of Christ should be conducted throughout in accordance with the synodal statutes. [It was further resolved that] this in particular com mended itself to the judgment of the bishops, namely, if sentence might be pronounced entirely in accordance with the powers a Qui Subdiaconum occiderit, trecentos solidos componat; qui Diaconum, quadringentos : qui Presbyterum, sexcentos; qui Episcopum, nongentos ; qui monachum, quadringentis solidis cul- pabUis judicetur. (Cap. Car. Magni, A.D. 803.) [Whosoever shall kUl a Subdeacon, let him pay a fine of three hundred shillings ; he who shall kill a Deacon, let him pay a line of four hundred shUlings; he who shaU kill a Priest, let him pay a fine of six hundred shillings; he who shall kill a Bishop, let him pay a fine of nine hundred shiUings; ho who shall kill a monk, let him be judged guilty with a line qf four hundred shUlings. (Constitution of Charlemagne, A.D. S03.)] Proofs and Illustrations 787 they possessed, that is, that those should be smitten with canonical Part n. sentence, to wit, who making light of the fear of the Lord, pre sumed to attack his ministers. But if indeed it pleased the Sovereign's piety that the sentence in the aforesaid cases, foUowing the constitutions of former kings in which the provision made did mercifuUy interpose for the satisfaction of Holy Church a money payment for offences, should be pronounced in the form of a fine, granted by emperors as a protection to priests, and of penance to be fixed by the judgment of the Bishops, if the Sovereign's piety approved of that course, it would approve itself to them that the sentence should be pronounced in that form.] Cap. I. Si quis subdiaconum calumniatus fuerit, vulneraverit, vel debilitaverit, et convaluerit, quinque quadragesimas sine subditis annis pceniteat, et trecentos solidos cum sua com- positione et Episcopalibus bannis Episcopo componat. Si autem mortuus fuerit, singulas supradictas quadragesimas cum sequentibus annis pceniteat et quadringentos solidos cum tripla sua compositione et Episcopalibus bannis triplicibus Episcopo componat. II. Si Diaconum calumniatus fuerit et convaluerit, sex quad ragesimas sine subditis annis pceniteat, et quadringentos sohdos cum compositione sua et Episcopalibus bannis Epis copo componat. Si autem mortuus fuerit, singulas supra- Chap. I. [If any man assaults, wounds or maims a subdeacon who recovers, let him do penance for five Lents only and not in the remainder of the years, and let him compound with the Bishop for three hundred shUlings added to his own composition and the Episcopal fine. But if the victim dies, let him do penance for each of the aforesaid Lents with the years that follow them and compound with the Bishop for four hundred sliUlings with thrice his own composition and threefold Episcopal fine. n. If any man assaults a Deacon and he recovers therefrom, let him do penance for six Lents without the years that follow and let him compound with the Bishop for four hundred shillings added to his own composition and the Episcopal fine. 50—2 788 Proofs and Illustrations Part n. dictas sex quadragesimas cum sequentibus annis pceniteat et sexcentos solidos cum tripla sua compositione et Episco palibus bannis triplicibus Episcopo componat. III. Si quis Presbyterum calumniatus fuerit et spassaverit, sex quadragesimas sine subditis annis pceniteat, et sexcentos solidos cum triplici sua compositione et Episcopalibus bannis triplicibus Episcopo componat. Si autem mortuus fuerit, duodecim annorum pcenitentia secundum canones ei im- ponatur, et nongentos solidos cum triplici compositione sua et Episcopalibus bannis triplicibus Episcopo componat. IV. Si quis Episcopo insidias posuerit, comprehenderit vel in afiquo dehonestaverit, decem quadragesimas cum subditis annis pceniteat, et Presbyteri occisi tripbcem compositionem componat. Si autem casu et non sponte occiditur, cum comprovinciafium Episcoporum consilio fiomicida pceniteat. Si quis autem sponte eum occiderit, carnem non comedat, If however the victim dies, let him do penance for each of the aforesaid Lents with the years that follow them, and let him compound with the Bishop for six hundred shillings with thrice his own composition and threefold Episcopal fine. in. If any man assaults a Priest and he recovers, let him do penance for six Lents without the years that foUow them, and let him compound with the Bishop for six hundred shillings added to thrice his own composition and threefold Episcopal fine. If however the victim dies, let penance of twelve years be imposed on him according to the Canons and let him com pound with the Bishop for nine hundred shillings with thrice his own composition and threefold Episcopal fine. IV. If a man makes a plot against a Bishop, seizes him or dishonours him in any way, let him do penance for ten Loots with the years following and let him compound with three times the composition for kdling a Priest. If however the victim is killed by mischance and not by intention, let him do penance for homicide in accordance with the decision of all Proofs and Illustrations 789 vinum non bibat omnibus diebus vitae suae, cingulum mifitare Part ii. deponat, absque spe conjugii in perpetuo maneat. Aistolfus Magontiensis Archiepiscopus dixit. Si Prin- cipibus placuerit aliisque suis fidelibus, rogemus ut conlau- detur et subscribatur. Et conlaudatum est et subscriptum, tam a Principe quam a ceteris omnibus. (Baluze, I. pp. 624, 628.)the Bishops of the province. But if he has purposely slain him, let him not eat flesh, nor drink wine aU the days of his life, let him renounce knighthood and remain for ever without hope of wedlock. Aistolf, Archbishop of Mainz, spake thus: "Let us ask that this, if it pleases the Sovereigns and the others their vassals, should be approved of and signed." And it was approved and signed both by the Sovereign and by aU the others.] The signature of the Sovereign and the Fideles, obtained as above mentioned, may have authenticated the document, but no confirmation was imparted ; nor was any law enacted by the temporal authority untd the foUowing year. In the Conventus held at Tribura, the petitions of the prelates were considered, and, in part, affirmed : that is to say, five articles were constituted or decreed, nearly in the same words, but in a more abridged form ; retaining the pecuniary penal ties, but not incorporating all the clauses relating to the penances6; and those who are familiar with our ancient Enghsh parliamentary proceedings will observe, that the constitutions of Louis le Debonnaire bear the same relation to the petition of the prelates, that our ancient Statutes generaUy do, to the petitions upon which they were founded. A sixth article is added by the Sovereign ; the offender who despised the censure of the Church was to become incapable of holding a benefice, — his allode was to be seized. If he continued in contumacy during a year, his property became forfeited to the Eisc, and the culprit was kept in custody, a A royal palace on the Rhine, near Mainz. b Fleury says, — "les memes articles furent renouveles quant aux amendes pecuniaires sans parier de penitences." (Hist. Eccl. X. 218.) [The same articles were renewed with regard to the pecuniary penalties without making mention of penance. (Hist, of the Church, X. 218.)] 790 Proofs and Illustrations Part n. or doomed to exUe, untU he obeyed the ecclesiastical authority. The question was then put to the assembly whether they were content with these constitutions. Their assent having been then given, the Sovereign and the greater part of the " Principes" of Gaul and Germany attested the act by sub scribing their signs ; Te Deum was sung, and the assembly was dissolved. " Decretum Imperatorium post petitionem Episcopo rum." 8a2 Placuit nobis et fidelibus nostris, ut sicut ab Episcopis Proceedings of the Con- et reliquis sacerdotibus ac Dei servis alio anno apud Theo- ventus held at Tribur. . _, The sovereign and his donis villarn admoniti fuimus et roqati, ut Episcopi et eorum Fideles give a qualified A assent to the Petitions Ministri, quos Deus suo, non humano, judicio reservavit, of the Clergy, by enact- ' ^ ' ' J ' ing constitutions of an 7Uxta sanctorum canonum sanctorumque patrum ac capitu- import nearly equivalent J x jr jr to the canons. larium precedentium Pvegum coram positorum statuta, et Dei sacerdotes eorumque cooperatores, quorum interces- sionibus, supplicationibus Sancta Dei Ecclesia constare vide tur, intacti permaneant. [The Imperial decree after the petition of the Bishops. It has pleased us and our faithful vassals, that even as we were admonished and petitioned by the Bishops and the rest of the priests and the servants of God in the previous year at ThionvUle, that the Bishops and their Ministers, whom God has reserved for his own judgment and not for man's, and the priests of God and their adjutants, by whose supplications and intercessions the Holy Church of God is seen to be established, should remain inviolable in accordance with the precepts of the sacred canons and of the holy fathers and the statutes of the capitulars which were openly enacted by preceding Kings.] I. Constituimus ut si quis Subdiaconum calumniatus fuerit et convaluerit, pcenitentia canonica pceniteat, et trecentos solidos Episcopo componat. Et si mortuus fuerit, juxta id I. [We have enacted that if any man assaults a Subdeacon and the victim recovers, the assaulter shall do penance according to the canons, and oompound with the Bishop for three hundred shUlings. But if the victim dies, he shaU do Proofs and Illustrations 791 quod canones prsecipiunt pceniteat, et quadringentos solidos Part n. Episcopo componat. II. Si Diaconum quis calumniatus fuerit et convaluerit, pceniteat secundum canones, et quadringentos solidos Epis copo componat. Si non convaluerit, juxta prsecepta syno- dalia pceniteat, et sexcentos solidos Episcopo componat. III. Si Presbyterum quis male tractaverit et spassaverit, secundum ejus Episcopi sententiam pceniteat, et nongentos solidos Episcopo componat. Si autem mortuus fuerit, ut synodus dijudicaverit -pceniteat, et mille ducentos solidos Episcopo componat. IV. Et si quis Episcopo insidias posuerit, comprehenderit, vel in afiquo dehonestaverit, pceniteat secundum canonum sta tuta et Presbyteri occisi triplicem compositionem, cum justi- penance according to the precepts of the Canons and compound with the Bishop for four hundred shUlings. II. If any one assaults a Deacon and the victim recovers, the assaulter shall do penance according to the Canons, and compound with the Bishop for four hundred shiUings. But if the victim does not recover, the assaulter shall do penance according to the precepts of the synod and compound with the Bishop for six hundred shiUings. III. If any man Ultreats a Priest and he recovers, the assaulter shaU do penance according to the sentence of his Bishop and compound with the Bishop for nine hundred shillings. But if the victim dies, the assaulter shall do penance as the synod shaU decide and compound with the Bishop for twelve hundred shillings. IV. If any man forms a plot against a Bishop, seizes him or dishonours him in any way, he shall do penance according to the statutes of the Canons and compound with three times 792 Proofs and Illustrations Part n. tiis quae in superiori capitulo scriptse et confirmatae esse videntur, componat. V. Si quis per industriam Episcopum occiderit, juxta id quod apud Theexlemis villam a xxxii. Episcopis decretum est et quod ibi a nobis et a primatibus totius Gallice et Germanice benigna conlaudatione conlaudatum est et subscriptum, pceniteat, et pecuniam a nobis concessam ecclesiae viduate persolvat. VI. Et hoc de nostro adjecimus, ut si quis in his supradictis sanctorum canonum nostrique decreti sanctionibus Episcopis inobediens et contumax extiterit, primum canonica sententia feriatur, deinde in nostro regno beneficium non habeat, et alodis ejus in bannum mittatur ; et si annum et diem in nostro banno permanserit ad fiscum nostrum redigatur et captus in exilium religetur, et ibi tam diu custodiatur et constrin- gatur donee coactus, Deo et sancta? ecclesite satisfaciat quod prius gratis facere noluerat. the composition of a Priest who is kfiled, together with the penalties, which are written and confirmed in a former capitular. V. If any man purposely kills a Bishop, in accordance with what was decreed by thirty-two Bishops at the town of ThionvUle and what was there approved and subscribed with gracious approval by us and by the leading men of the whole of Gaul and Germany, the murderer shall do penance and pay to the bereaved Church the sum of money which has been conceded by us. VI. And this we on our part have added: that if any man shows disobedience or contumacy to the Bishops in these above- mentioned precepts of the holy canons and of our decree, he shall first, be punished by the canonical sentence and shall hereafter have no benefice in our Kingdom and his aUode shall be taken into our custody ; and if it remains in our custody for a year and a day, it shaU be forfeited to our Treasury and himself be seized and sent into exUe and there be kept and restrained, until such time as he, under compulsion, shall satisfactorily perform to God and his holy Church what he formerly refused to do of his own free wiU. Proofs and Illustrations 793 Et si omnibus vobis ista complacuerint, dicite. Et tertio Part n. ab omnibus conclamatum est, Placet! Et imperatores et pene omnes Gallias, et Germanics principes subscripserunt, singuli singulas facientes cruces. Et ecclesiasticus ordo Deo et principibus laudes referentes hymnum, Te Deum laudamus, decantabant. Et sic soluta est synodus. (Baluze, I. pp. 627, 630.) And if these enactments meet with the approval of all of you, say ye so. And a third time all men cried aloud, " We approve." And the Emperors and almost all the chiefs of Gaul and of Germany subscribed thereto, each making the sign of the cross. And the ecclesiastical order giving praises to God and to the Sovereigns, sang the hymn Te Deum laudamus. And thus the synod was dissolved.] Thus, according to the constitution of the Frankish empire, the Clergy, powerful and influential as they were, could not give validity to their determinations, without the aid of the sovereign power. The prelates assembled in the CouncU of Meaux, 845 a, adopted eighty canons, relating to ecclesiastical privileges: many had been already enacted, but they had never been enforced, or had faUen into desuetude. They were to be revived or renewed. As it wiU appear from the subsequent transactions, they could only become efficient laws, binding the laity, when confirmed by the Sovereign and the temporal legislature. They were presented to the general Conventus held at Epernay ; and the result appears from the rubric or title prefixed to the Capitulary. Haec quae sequuntur capitula excerpta sunt a Domno Rege Karolo, et Principibus ejus, ex his capitulis quae anno 846 ediderunt Episcopi in synodis, Wenilo scilicet cum suffra ganeis suis, Guntboldus cum suffraganeis suis, Ursmarus cum suffraganeis suis, Hincmaro cum suffraganeis suis, Amah cum suffraganeis suis; et oblata sunt eidem Principi, sicut ipse jusserat, coUecta ad relegendum in Spamaco, viUa Remensis ecclesiae. Et quia factione quorundam motus est animus ipsius Regis contra Episcopos, dissidentibus Pri- moribus regni sui ab eorundem Episcoporum ammonitione, • Labbe, ConcUia, VII. 813. 794 Proofs and Illustrations Part ii. et remotis ab eodem concifio Episcopis, ex omnibus illis capitulis haec tantum observanda et complacenda sibi collegerunt, et Episcopis scripta tradiderunt, dicentes non amplius de eorum capitulis acceptasse quam ista, et ista se veUe cum principe observare. (Baluze, II. p. 29.) [The following capitulars were selected by the Lord King Charles and his Peers from those capitulars which the Bishops formulated in their synods held in the year 846, to wit, Wenilo and his suffragans, Gunibold and his suffragans, Ursmar and his suffragans, Hincmar and his suffragans, Amolo and his suf fragans, and they, when arranged for further consideration, were presented to this same Sovereign, pursuant to his orders, at Epernay, a town of the Church of Rheims. And because the mind of the King himself had been influenced by a certain faction to oppose the Bishops, and the Peers of his Kingdom tried to dissuade him from hearkening to the admonition of these Bishops, who were in consequence excluded from this councU, they collected out of aU those capitulars these only for their observance and approval and handed them in writing to the Bishops, saying that they had accepted no more of their capitulars than these, and that they were wUling to observe these together with the Sovereign.] The Capitulary then states the titles of the Canons or Petitions which had been accepted, referring to the pro ceedings of the Council for their tenor, and inserts the whole of those which had been rejected. The feeling which the transaction excited, is strongly expressed in a contemporary chronicle ; but there does not seem to be any doubt concerning the legality of the conduct, pursued by the temporal au thority a. •¦> Carolus apud viUam Sancti Remigii, Sparnacum nomine, contra rnorem conventum populi sui generalem mense Junio habuit. In quo Episcoporum regni sui pernecessaria admonitio de causis ecclcsiasticis ita flocci pensa est . ut vix unquam reverentia Pontificafis Christianorum duntaxat temporibus sic posthabita legatur. (Annales Bertiniani, Bouquet, VII. p. 64.) [Charles, contrary to the usual custom, held a general assembly of his people in the month of June at a town of St. Hemi, named Epernay. And in this assembly the very necessary admonition of the Bishops of his Kingdom with rcimrd to ecclesiastical cases was treated as a matter of such Proofs and Illustrations 795 As the Clergy petitioned, so did the People. Thus was Part n. the Capitular, exempting the Clergy from military service, also enacted in the general assembly held at Worms. Capitulare octavum anni dccciii. sive capitula de im- capituiary of worms en- . L acted upon the petition munitate Episcoporum ac rebquorum sacerdotum ab expe- °£the "p°p"ius." ditionibus belficis, data Wormatiae in generali populi con- Ventu sub finem anni dccciii. De generali totius populi supplicatione apud Principem pro sacerdotum causa, ne in bostem aut pugnam pergerent, et quale eis omnibus ex hoc immineat periculum. Ex capitulis Domni Karoli Imperatoris Wormatiae generafiter decretis, atque ab omnibus firmatis et cunctis pro lege tenendis contraditis. [The eighth capitulary of the year 803, or the capitular which referred to the exemption of Bishops and other clergy from warhke expeditions, given in a general assembly of the people at Worms towards the close of the year 803. Concerning the general petition of the whole people to the Sovereign on behalf of the priests, that they should not go against an enemy or into battle, and urging the magnitude of the peril which threatened all of them in consequence of this. From the capitulars of the Lord Emperor Charles decreed in general assembly at Worms, and unanimously confirmed and delivered to all men to be observed as laws.] The people address their petition in very humble language : Petitio populi ad Imperatorem. Plexis omnes precamur poplitibus majestatem vestram, ut Episcopi deinceps, sicut bactenus, non vexentur hostibus. Sed quando vos nosque in hostem pergimus, ipsi propriis resideant in' parrochiis, Deoque fideliter famulari studeant, et eorum sacrosancta ministeria canonice et Deo placito peragere satagant, atque pro vobis et cuncto exercitu vestro, una cum omnibus sibi commissis orare viriliter, missasque cantare et letanias atque eleemosynas facere decertent Ut ergo haec omnia a vobis et a nobis sive a successoribus httle importance that hardly anywhere is it recorded that reverence for the Episcopal office was so neglected, at least in Christian times. (Annals of St. Bertin.)] 796 Proofs and Illustrations Part ii. vestris et a nostris, futuris temporibus absque uUa dissimu- latione conserventur, scriptis ecclesiasticis inserere jubete et inter vestra capitula interpolare praecipite. [The petition of the people to the Emperor. On bended knees we all beseech your majesty that hence forward the Bishops should not, as in the past, be harassed because of enemies. But that when you and all of us go forth against the enemy, they may abide in their own parishes and give heed to their faithful service of God and busily perform their sacred ministry according to the canons and in a manner pleasing to God, and vie in praying manfully for you and all your army, both they and aU those entrusted to their care, and in singing masses and litanies and bestowing alms.. . .There fore in order that all these observances might be faithfuUy kept by you and by us, or by your successors and by our successors, in the days to come, without any dissimulation, do ye give orders that they be inserted in the ecclesiastical writings and command that they be included among your capitulars.] The Emperor gives his answer to the petition. Concessio Domni Karoli Imperatoris ad suprascriptam petitionem. Omnibus notum esse volumus quia non solum ea quae super Episcoporum et Presbyterorum hostium vexationibus et praecibus pro nobis et vobis fieri rogitastis concedere optamus, sed quicquid pro sanctae Dei ecclesiae et sacerdotum sive totius populi et vestra utUitate inveneritis concedere paratissimi sumus. Et modo ista, sicut petistis, concedi mus. Et quando, vita comite, Deo auxiliante, ad generale placitum venerimus, sicut petistis, consultu omnium fidelium nostrorum scriptis firmare, nostris nostrorumque atque futuris temporibus inrefragabiliter manenda firmissime Do mino amminiculante cupimus. Modo ea quoe generafia sunt, et omnibus conveniunt ordinibus, statuere ac cunctis sanctae Dei ecclesi;v nostrisque fidelibus ob Dei omnipotentis amorem et rccordationeni tradere parati sumus ; et ad proximum synodalem nostrum conventum ac generale placitum ubi plures Episcopi et Comites convenerunt ista, sicut postulastis, firmabimus. (Raluze, I. p. 406.) [The concession of the Lord Emperor Charles to the above petition.. It is our wUl that it be known to all that we choose to Proofs and Illustrations 797 concede aU those petitions which you have made with regard to Part II. the vexatious burdens laid on Bishops and Priests in case of hostilities, and with regard to their prayers on our behalf and on your behalf ; we are also most ready to grant whatever you may suggest, in so far as it conduces to the welfare of the holy Church of God and his priests or the welfare of the whole people and yourselves. And these petitions, that you have made, do we now grant. And when, if we are stiU alive and God is our aid, we shaU come to tfie general assembly, we do most earnestly desire with God's help that, according to your request, in consultation with all our faithful vassals, these petitions be confirmed in writing, so that they shaU remain inviolate for our time and for future times. We are now pre pared to make statutory those provisions which are general and are suited to all ranks, and to grant them to all the faithful servants of the holy Church and to our faithful vassals for the love and remembrance of Almighty God; and at the next of our synodal assemblies and at the general assembly, at which the majority of the Bishops and Counts are present, we wiU confirm these your demands.] These documents are foUowed by the "Capitula," framed upon the petition of the people. The whole proceeding de serves much attention. The principle is exactly that which prevailed in the old English Parliament, — the People ask, — the King assents, with the advice of his CouncU. These examples possess great interest, because they stand importance of these «- L r ° amples in connecting the midwav between the Petitions and Postulations of the pro- legislation of the Roman x empire with the proceed- vincial assemblies of the Roman empire, and the equivalent j£gs of tfie ParUaments, proceedings in the legislative or remedial assemblies of the (p^t J- p- 302.) middle ages. In all these, we find exactly the same form. — In the States-General of France, the Cahier is presented to the Sovereign. In the Cortes of CastiUe, the law is obtained upon the Prayer of the members a ; and in England, as it is a An extract from the Quaderno of the Cortes, held at Medina del Campo, 1303, wUl show the ordinary course of legislation in the Peninsula. Sepan quantos este Quaderno vieren, como Nos D. Fernando por la gracia de Dios, Rey de Castiella, de Toledo, de Leon, de Galicia, de Sevilla, de Cordova, de Murcia, de Jaen, del Algarve, e Sennor de Molina ; estando en las Cortes, que agora ficimos en Medina del Campo, seyendo y conmigo la Reyna Donna Maria 798 Proofs and Illustratifons Part ii. hardly necessary to mention, the Petition presented to the King is, very few cases excepted, the foundation of the statute or law. mi Madre e el Infante D. Johan mi Tio, e mis Hermanos el Infante D. Pedro, e el Infante D. Felipe, e D. Gonzalo Arzobispo de Toledo, e D. Alfonso Obispo de Astorga, e D. Alfonso Obispo de Coria, e D. Johan Nunnes mi Adelantado Mayor en la frontera, e D. Pedro Ponce mi Mayordomo Mayor, e D. Garcia Lopez, Maestre de Calatrava, e otros Ricos-Omes, e Abades, e Omes de Ordenes, e Infantes, e Cavalleros, e otros omes bonos de los Regnos de Castiella e de Leon, e de las Estremaduras, e del Regno de Toledo : Los Cavalleros, e los omes bonos que vinieron a estas Cortes por Personeros de los Conceios de las Cibdades, e de las vfilas de las Estremaduras, e del Regno de Toledo, veeyendo que era servicio de Dios, e prd de toda la tierra, pidieron Nos estas cosas, que aqui son dichas. E Nos vistas las cosas que nos piederon, libra- mosgelo en esta guisa. I. Primeramente a. lo que Nos pidieron que rescivien muchos agraviamentos de Infantes, e de Ricos-Omes, e de otros omes poderosos, lo uno que les tomaban yantares ; e lo al, que pley- teaban los Logares por quantias ciertas de dineros, e que les tomaban lo que les faUaban : Tenemos por bien quanto en lo pasado de lo saber, e facerlo enmendar. (From the edition of Asso y del Rio, pp. 18, 19.) [Be it known to such as read this minute that we, Don Ferdinand, by the grace of God, King of Castile, Toledo, Leon, Galicia, Seville, Cordova, Murcia, Jaen, Algarve and Lord of Molina ; being in the Cortes which we are now holding at Medina del Campo, Queen Donna Maria, my mother, being with me and Prince John, my Uncle, and my brothers, Princes Don Pedro and Don Felipe, and Don Gonzalo. Archbishop of Toledo and Don Alfonso. Bishop of Astorga and Don Alfonso, Bishop of Coria and Don John Nunnes. governor-in-chief of my Marches, and Don Pedro Ponce, my chief Master of the House hold, and Don Garcia Lopez, Master of Calatrava and other Notabilities and Abbots and members of orders and Princes and Nobles and other good men of the Kingdoms of Castile and of Leon, of the Kslrmnaduras and of the Kingdom of Toledo: tho noblemen and the good men that came to these Cortes as deputies of Town Councils and of the towns of the Estramaduras, and of the kingdom of Toledo, seeing that it was in God's service and for the good of the whole country, petitioned us Proofs and Illustrations 799 It will perhaps be said, that I lay too much stress upon a Part n. few isolated examples. To this I reply, — objections to the deduc- I. It must not be supposed that in the Capitidaries, foregoing examples. ,. • ,-, .. -r, . . ,. . - Answers to such obiec- as they appear in the pages ot Baluze, we have the whole, tions. or any thing approaching to the whole, of tfie statutes enacted by the Carlovingian legislature. It was the object Frequent practice of the . .. . _ ancient transcribers to of the transcriber merely to preserve such matter as was omit the formal or in- -. P 7. -jTHfl-TT .7^, troductory parts of le- required tor ordinary use in the MaUum, or in the Conventus, g>siative proceedings, as . , o 7 m7 7 c being of no practical use. or in the Synod. Ihe greatest number of the capitulars stand without any introduction or recital of previous pro ceedings. These were not required in practice. It was sufficient to furnish an authentic copy of the mandatory part of the law. The Petition or Suggestion which gave rise to the "constitution," was of as little importance to the ChanceUors and Notaries of the empire, as the votes of the Commons are to the practitioner of the present day, after the BiU has gone through both Houses and obtained the royal assent, and appears in the statutes at large. It may be conjectured that, if we possess the details concerning the capitulars of Tibur and Epernay, it was because ihey were exceptions to the general course. A rejection, or even a modification, of the requests preferred by tbe Clergy, would be a matter of rare occurrence. And the same indignation which prompted the monk to exclaim against the affront offered to the prelates, would equally dictate the special record of these injurious transactions. With respect to the petition presented by the "Populus" in the Conventus at Worms, we probably owe the preservation of this most im portant document to the Clergy's wish that their immunities should appear to be secured, not at their own request, but by the good wiU and seeking of the laity ; or, if this supposi tion be considered as untenable, we may suppose that the anent these matters here said. And we having gone through these petitions, accord them as foUows: I. Firstly anent their having much to complain of in the treatment meted out to them by Princes, Notabilities and other powerful men, for one thing that they took taxes from them, and then that, suing certain places for certain sums, they took what they wanted from them : We decree that as far as possible enquiry be made and remedy applied. (From tfie edition of Asso y del Rio, pp. 18, 19.)] 800 Proofs and Illustrations Part Ii. petition was retained merely by the accidental difigence of the compiler. Instead of commencing "Volumus ut nuUus sacerdos in hostem pergat" [It is our wiU that no priest take the field against the enemy], he began his copy from the top of the page, and inserted the whole of the act which he had before him. nofthetio'niyPmodV.tition' IL Ifc wil1 be recollected, that "legislation upon Peti tion" was only one of the modes of enactment, and, possibly, the mode least often called into action. The greater share of legislation belonged to the Sovereign; and, in the reign of Charlemagne, he would generaUy anticipate his subjects in discovering causes for the amendment of the law. There fore, this is not a case in which the paucity of examples should lead us to consider the practice as out of the settled constitutional course : it might be unusual, but it was not, therefore, extraordinary. rfffition'up^Te1" HI. Such paucity of early examples is amply compen- ux,?ver^Tt^dprayct.ce sated ty the universality of the practice in a subsequent at a later period. period. As I have before observed (Part I., p. 302), had not this mode of legislating proceeded from a common source, it is hardly possible to account for the general uniformity which we find in the several members of the Roman Empire. LEGISLATION OF THE DEPENDENT NATIONS. The main principle of this legislation is enounced in the celebrated Edict apud Pistes. A.D. 864, Lex consensu populi fit, et constitutione Regis (Baluze, II. ITS) [The law is made by the people's consent, and the King's constitution]. Legislation of the de- The ''Constitution" of the Kin a, which he had framed by pendent nations — how . . T_^. .77,7 air- • x exercised in the Maiium the advice of his fideles, was transmitted bv the IMissi to before the Missi or Royal , 7 r commissioners. the people in the MaUum. Ihis assembly was composed ot the Bishops and x\bbots. or their Visdames, the Comites, the great Landlords, and the King's Vassi, and the Scabini representing the several Pagi of which the land was com posed ; and, in some parts of the empire, these same function aries were equally the representatives of the municipal com munities. The prelates, such as were the King's Vassi, attended by virtue of a special writ of summons : the Vassi of the Count foUowed their Senior : the Scabini were elected ; Proofs and Illustrations 801 and the acceptance of the capitular by the MaUum rendered Part n. it a law. All these particulars appear so clearly from the foUowing texts, as not to require any further corroboration or argument a. Vult dominus Imperator ut in tale placitum quale file Twelve scabim to attend nunc jusserit, veniat unusquisque Comes, et adducat secum Snt C°mes t0 the Plac" duodecim Scabinos, si tanti fuerint. Sin autem, de meliori- bus hominibus illius comitatus suppleat numerum duo- denariumb. (Cap. Lud. Pii, addita ad Legem Saficam, II. 2, A.D. 819.— Baluze, p. 606.) [It is the wUl of the Lord Emperor that every Count should come to such an Assembly as he has now ordered, and bring with him twelve Scabini, if so many are avafiable. If not however, let him make up the number to twelve from among the better men of his County. (Capitulum of Louis le Debonnaire, added to the Salic Law, II. 2, A.D. 819.)] a For the writs of summons, see I. 1, 2, 3, pp. 812-815. It is probable that the composition of the MaUum would be varied by local customs. In a Lombard MaUum, 877, the Scabini and Notarii of two cities are noticed as members. (Agobardi Opp., App. p. 135.— See also II. 1, 2, pp. 820-822 and p. 271.) b In a subsequent law, three or four of the principal Scabini are said to be sufficient. Itaque volumus ut medio mense Maio conveniant iidem Missi, unusquisque in sua legatione, cum omnibus Episcopis, Abbatibus, Comitibus, ac Vassis nostris, advocatis nostris, ac Vicedominis Abbatissarum, necnon et eorum qui propter aliquam inevitabUem necessitatem ipsi venire non possunt, ad locum unum. Et si necesse fuerit, propter opportunitatem conveniendi, in duobus vel tribus locis, vel maxime propter pauperes populi, idem conventus habeatur, qui omnibus congruat. Et habeat unusquisque Comes Vicarios et Centenarios suos : necnon et de primis Scabineis suis tres aut quatuor. (Cap. A.D. 823, § 28, Baluze, I. pp. 642, 643.) [Accordingly it is our wiU that in the middle of the month of May, the same Missi, each in his legation, together with aU the Bishops, Abbots, Counts, and aU our Vassals, our advocates, and Proctors of Abbesses and of those also, who for some unavoidable necessity are not able to come, should assemble in one place. And if necessary for the convenience of assembling, let this meeting be held in two or three places or more particu- p. vn. 51 802 Proofs and Illustrations Part ii. Ut Missi nostri ubicunque malos Scabineos inveniunt, scabini elected by the eiciant, et totius populi consensu loco eorum bonos efigant people. 0 Et cum electi fuerint, jurare faciant ut scienter injuste judi care non rlebeant. (Cap. Wormatiense, A.D. 829, II. 2.) [That our Missi wherever they find bad Scabini, eject them from their office and with the approval of the whole of the people elect good ones in their stead. And when they have been elected, make them swear that they would not wittingly pronounce unjust judgments. (Cap. of Worms, A.D. 829, II. 2.)] capitula framed by the Volumus etiam ut capitula quae nunc et alio tempore Ticeero!gthir1councii. " consultu nostrorum fidelium a nobis constituta sunt, a Can ceUario nostro, Archiepiscopi et Comites eorum, de propriis civitatibus modo, aut per se aut per suos Missos accipiant: et unusquisque per suam diocesim ceteris Episcopis, Abbati- bus, Comitibus, et aliis fidelibus nostris ea transcribi faciant, et in suis Comitatibus coram omnibus relegant, ut cunctis nostra ordinatio et voluntas nota fieri possit. (Cap. Lud. Pii, A.D. 823, § 24, Baluze, I. p. 640.) [It is also our will that the capitulars, which now and at any other time have been enacted by us in consultation with our faithful vassals, shotdd be received from our ChanceUor, by the Archbishops and their Counts, in respect only of their own towns, either in person or at the hands of their Missi ; and each several one throughout, his diocese shall cause them to be copied for the rest of the Bishops, Abbots, Counts and others our faithful vassals, and to be read aloud in their Counties in the presence of aU, so that our ordinance and wiU may be made known to all. (Cap. of Louis le Debonnaire, A.D. 823, § 24.)] Assent of the People re- lit populus interrogetur de capitulis quae in lege noviter quired by the Capitula. r r ° r 1 o addita sunt. Et postquam omnes consenserint, subsenp- larly in a place which is suited to aU, on account of the poor among the people. And let each Count have with him his Vicars and Centenaries; and also three or four men chosen from the principal Scabini. (Capitulum of S23, § 28.)] It is impossible to explain the causes of these minute varia tions, nor are they of any consequence, since they do not affect the main principle. Proofs and Illustrations 803 tiones et manufirmationes suas in ipsis capitulis faciant. Part n. (Cap. III. A.D. 803, § 19.) > [So that the people may be questioned concerning the capitulars which have newly been added in the law. And after aU have given their consent, that they might make their subscriptions and confirmations of their own hands on these capitulars. (Cap. III. A.D. 803, § 19.)] Incipiunt capitula quae in lege Salica Dominus Augustus 8o3. Karolus, anno ab Incarnatione Domini nostri, Jesu Christi, gS^f"! tw'S'tte 803, imperii vero sui anno tertio praeponendo addere jussit. faT^t Paris."16 Franks Haec sunt capitula quae Domnus Karolus Magnus Im- " art ,p'91, ipeTSbtov jussit scribere in consilio suo et jussit eas ponere inter alias leges . . . Anno tertio clementissimi Domni nostri Karoli Augusti, sub ipso anno, hsec facta capitula sunt, et con- signata Stephano Comiti ut haec manifesta faceret in civitate Parisius mallo publico, et Ula legere faceret coram Scabineis, quod ita et fecit. Et omnes in uno consenserunt quod ipsi capitulum read before the voluissent omni tempore observare usque in posterum. Etiam omnes Scabinei, Episcopi, Abbates, Comites, manu propria subter signaverunt. (Baluze, I. pp. 390, 391.) [Here begin the capitulars which the Lord Emperor Charles in the year of Our Lord Jesus Christ's Incarnation 803 and in the third year of his imperial rule did order to be added and prefixed to the Salic law. These are the capitulars which the Lord Emperor Charles the Great ordered to be written in his Council and to be placed among the other laws.... In the third year of our most clement Lord Charles the Emperor, in that very year, these capitulars were made and consigned to Count Stephen in order that he might cause them to be made public in the city of Paris in the public maUum and cause them to be read in the presence of the Scabini. And this he did. And they with one consent expressed their willingness to observe them for ever in future. Also all the Scabini, Bishops, Abbots, and Counts sub scribed thereto with their own hands.] We can have little doubt but that such a promulgation and enactment took place in each of the Assemblies, however they might be designated, of the different dependent nations. That few notices of the actual acceptance of capitularies 51—2 804 Proofs and Illustrations Part II. are preserved, may be accounted for, by recoUecting that there was no central repository or record office into which the writs were returned, after the capitular had been con- (See above, p. 790.) firmed by the people, and that, as 1 have before observed, . the transcribers always sought brevity. They consulted the convenience of their contemporaries, and not the curiosity of posterity. One example of such abridgement can be distinctly pointed out. In the Capitular of ThionvUle, A.D. 820, Louis le Debonnaire declares, "generafiter omnes ad- monemus ut capitula quae praeterito anno legi Saficse per omnium consensum addenda esse censuimus, jam non ulterius capitula, sed tantum lex dicantur, immo pro lege teneantur." (Baluze, I. 623.) [we do admonish at large aU men that the capitulars which we have by general consent decided in the past year should be added to the Salic law, should no longer be caUed capitulars but the law only, nay rather that they should be considered as the law]. Now the Capitula alluded to are those entitled "De Interpretatione Legis Saficae" [Concerning the interpretation of the Salic Law], or the "Capitulare tertium anni 819" (Baluze, II. 607) [Third Capitular of the year 819]. In these, as they now exist, there is no notice of the assent of the Franks or Safians, tfie facts being only coUected from the subsequent recital. Conventions of the depen- The same conventions which took place before the Missi, dent nations held in the A presence of the sovereign. the representatives of the Monarch, could, of course, be held before the Sovereign himself. When the law was to be accepted by the Franks or Safians, this may have been often the case, — more seldom, probably, with the other nations. But the Capitulare Saxonum was thus enacted at Aix la Chapelle, A.D. 797. 797- Anno ab Incarnatione Domini nostri Jesu Christi peZ.ensaxonsAassenthaodcc'xcvii. regnante Domno Karolo praeceUentissimo Rege, certain apit ars. coiwenientibus in imum Aquis palatio, in ejus obsequio vencrabilibus Episcopis et Abbatibus, seu iUustribus viris Comitibus, v. Kokndas Novembris, simulque congregatis andToi- theMverlu PaT Saxonibus dc diversis pagis, tam de Vestfalahis et Angrariis, quam et dc Oostfalahis. omnes unanimiter consenserunt et aptilicavcrunt ut de illis capitulis pro quibus Franci, si Regis liannimi tiansgressi sunt, solidos sexaginta componunt, similiter Saxones solvent, si alicubi contra ipsos bannos 1'ecei'int. (Baluze, I. p. 275.) Proofs and Illustrations 805 [In the year 797 of the Incarnation of Our Lord, Jesus Part li. Christ, the most exceUent Lord King Charles being on the throne, when the venerable Bishops and Abbots and those illustrious men, the Counts, assembled together at his bidding in his palace at Aix on the 28th of October, and with them were assembled Saxons from the several pagi, both from Westphalia and Angraria and also from Ostphalia, they aU unanimously consented and approved that the Saxons, in respect of those capitulars, for which the Franks, if they had transgressed the King's Ban, pay a fine of sixty shUlings, should pay a like sum, if at any time they likewise were contumacious with regard to bans.] In the fifth chapter "De compositione secundum legem Saxonum" [Concerning the payment of fines according to the Saxon law], the assent of the Saxons only is expressed, — "placuit omnibus Saxonibus" [aU the Saxons assented]. The tenth, "de banno augendo" [concerning the increase of the ban], provides that the king may increase the Fyrdwite "una cum consensu Francorum et fidelium Saxonum" [with the consent of the Franks and the faithful Saxons]. It is hardly necessary to observe, that the Saxons of West phalia, Ostfalia, and Angria, or Engem, could only appear by deputation at Aix la ChapeUe ; and it probably mattered httle whether these deputies were the hereditary Aldermen of the Pagi, or the elected Scabini. Thus convened, the People also might petition, either for new laws, or for the confirmation of those which existed. This is shown by the seventeen "Liodkesta" of the ancient Frisic code. I add the first petition in the Latin as weU as in the Frisic texta, without attempting to decide which is the original. Petitio I. Hee est prima petitio et Karoli Regis concessio omnibus Frisonibus, quod universi rebus propriis utantur, quamdiu non demeruerunt possidere. [1st Petition. This is the first petition and concession of a Wiarda's invaluable edition of the "Asega Buch," p. 12. The learned editor derives Kest from Keasa (Frisic), Keosa (IsL), Ceosan (A.S.), softened, in modern English, into "choose." The Liodkest is the law chosen by the people, and then presented to the sovereign. 806 Proofs and Illustrations Part II. King Charles to all the Frisians, that aU men enjoy the use of their own property, as long as they have not forfeited the right of possession.] Thet is thiu forme Liodkest and thes Kyning Kerles ieft and Londriuch allera Frisona, thet aUera monna ek an sine gode bisitte alsa longe sa hit unforwrocht hebbe. [This is the first choice of the nation and the grant of King Charles and common law of all Frisians, that of aU men each should possess his property, so long as he holds it without forfeit.] Legislation, how exer- Legislation was exercised by the dependent chieftains, as ciscd by the dependent . xl. T-v l l_ fn -i sovereigns. appears from the Decrees enacted by lassuo. 77=- Regnante in perpetuum Domino nostro Jesu Christo, in anno vero xxu. regni religiosissimi Ducis Tassilonis gentis Baioarriorum, sub die consulum, quod erat u. id. Octobr. atque anno ab Incarnatione Doniinica dcclxxii., Indict. x., divina perflatus inspiratione, ut omne regni sui praa- notatus Princeps coUegium procerum coadunaret, in viUam pubficam Dingolvingam nuncupatam, &c. (Lindenbrog, p. 439.) [In the everlasting reign of our Lord Jesus Christ, to wit in the twenty-second year of the reign of the most religious Tassilo, Duke of the people of the Bavarians, on the date which was on the 14th day of October, and in the year of Our Lord's Incarnation 772. in the tenth Indiction, the above-mentioned Sovereign, divinely inspired, did order that the whole assembly of the Peers of his Kingdom should meet together at the ducal town which is named Dingolving &c. (Lindenbrog, p. 439.)] This enactment is principaUy directed against the ancient superstitions, or heathenish practices, prevailing amongst the Bavarians. Legislation under the thud Under tbe third race, the legislation heretofore exercised race. Examples thereof , .. . . __. .. t, • 1185, ,1 ,/.-., of croiirey by the dependent nations in the MaUum reappears, it is Plantagenet, Duke ol Brit- J ,..,., ,.,,,.7,7 7 • Q .„l, tany.— 1212, Establish- now vested in the States of the feudal dependencies, oucn ment of Blanche, Countess x7 T, x'x' of Troyes. is Geoffrey Plantagenet s Assize, enacted upon the Petition (See below, pp. 824 and .0 827.) of his Bishops and Barons, and altering the canon ot succes sion in the Fiefs of Armorica (III. 1), a document of great importance, both in itself, and as elucidating the progress Proofs and Illustrations 807 of the English law. Of the same nature and class is the part n. Ordinance of tbe Countess of Troyes, or Champagne (III. 2). Upon these documents I shall only observe, that they may be considered in some measure as the counterparts of Tassilo's statute. In the County of Toulouse, the constitutional members Estates of the county of the States or Parliament are enumerated in the preambles Montfort's" parliament. of the ordinances of Simon de Montfort (1212), and of Ray mond Berenger (1233). In neither of these are the repre sentatives of the towns expressly mentioned, but they are imphed in both, and they appear by name in the Council convened before the Papal Legate (IV. 3), at the time when Raymond, the reconcUed heretic, had just been recaUed to his authority, but which was evidently the usual legislature of the country. In the domain of the King of France we 1262. find (1262) a representation of the Burgesses by twelve °ln™mS.bj\m\™BwS- Juratsa, evidently deduced either from the ancient duodenary led^edf either !™m the ,. 7 r ,7 ...... i«,i ch -i • • ancient duodenary Courts courts m general, or from the institution ot the Scabini ; (see cap. in.) or from the ,.,. 777 , 1 . . ¦ , 7,x7 7 attendance of the Scabini. and this was probably not a solitary instance, but the usual practice, though unnoticed in the other ordinances. The omission of the enacting parts of the monuments of ancient legislation is a fact recurring at every stage of these inquiries. In the Latin copy of the Ordinances of Pamiers, first pub lished by Martene, the Benedictine, the preamble is omitted, a Three from Paris, three from Provins, two from Orleans, two from Sens, and two from Laon. Pacta fuit haec ordinatio Carnoti, Anno Dom. 1262, &c... cui faciendse interfuerant jurati Clemens de Visilia, Joannes dictus Rigidus, Johannes Herman, Cives Parisienses ; Nicholaus de Castello, Guarinus Fernet, Jacobus Fris, Burgenses Pruvi- nenses ; Johannes de Lori, Stephanus Morin, Cives Aurelianenses ; Evrardus Malori, Johannes Parergini, Cives Senonenses ; Robaille de Claustro, Petrus de Moncellis, Cives Laudunenses. (Ordinances, I. 94.) [This ordinance was made at Chartres in the year of our Lord 1262 &c. and at its making there were present the Jurats, Clement de Vezelay, Jean, surnamed Roide, Jean Herman, citizens of Paris; Nicolas de Castell, Guarin Fernet, Jacques Fris, Burghers of Provins; Jean de Lori, Mienne Morin, Citizens of Orleans; Erard Malory, Jean Parergini, Citizens of Sens; Robaille de Claustro, Pierre de Manselles, Citizens of Laon. (Ordinances, I. 94.)] 808 Proofs and Illustrations Part ii. and there is no notice whatever of the Parliament. For anything that appears to the contrary on the face of that copy, the Ordinances were made by the uncontroUed authority of Simon de Montfort; and the information, so important (See beiow, p. 829.) to us, is deri ved from an old French translation of an unmuti- lated or unabridged text. I call the attention of the reader to this circumstance in further proof of the observations above made, concerning the omissions of the formal parts of legislative proceedings. Estates of the stat- Perhaps the evidence best enabling us to deduce the chaussee of Carcassonne, • r- 7 1 deduced from the Maiium history of legislation, is found in the example of Carcassonne. of the Carlovingian Em- . r 1 pi". (III. 5 & 6.) Here the "MaUum of the Carlovingian (pp. 834, &c) v ' 6 county (II. 3) distinctly reappears under the name of the "54- "Estates" of the Capetian Senechaussee. The Ordinance of St. Louis, considered by the historians of Languedoc as (pp. 832, 833.) creating the Provincial States (III. 4), is, in truth, the fullest statute grounded upon recognition of their previous existence and authoritv. It the Petition of the People, . ° r J —a Liodkest is a remedial statute, grounded upon the Petition of the People. A grievance has been sustained by the act of the Sovereign, and he declares that, in future, his prerogative shaU not be exercised without the assent of the legislature. The Three Estates are not instituted by the ordinance : but St. Louis concedes that, in a particular case, a power which had been hitherto exercised by the irresponsible authority of the Sovereign, shaU be submitted to their advice and control. opinions concerning the it is observed bv HaUam, that, " excepting a few instances, absence of a central legis- ' ' ' v o latjve power in the French jt does not appear that the Kings of the House of Capet Monarchy, erroneous in xx~ ^ x liro^g^ci^o'p'inio^snot acted according to the advice and deliberation of any national p^fr? poBe^ed b°y the assembly, such as assisted the Norman Sovereigns of England; do'rnfnio^lnown5 b"thi nor was any consent required for the vafidity of their edicts, collective name of France. except that of their ordinary council, chiefly formed of their household officers and less powerful vassals. This is at first sight, very remarkable, — for there can be no doubt that the government of Henry I. or Henry II. was incomparably stronger than that of Louis VI. or Louis VII. But this apparent absoluteness of the latter was the result of their real weakness, and the disorganization of the monarchy. The Peers of France were infrequent in their attendance upon the King's Council, because they denied its coercive authority.1' (HaUam, p. 174.) — In this opinion he foUows Mablv.— Proofs and Illustrations 809 J'ai dit, en parlant du gouvernement f eodal en France, que Part II. sur la fin de la seconde race et sous les premiers Capetiens, il n'y cut point d'assemblee de la nation en qui residdl la puissance publique, et qui cut droit de faire des lois auxquelles chaque seigneur fut oblige d'obeir. La foi et Thommage entre les suze rains et leurs vassaus, tous vrais despotes dans leurs terres, etoient les seuls liens qui les unissent. Cependant pour supplier, autant qu'il etoit possible, a cette puissance pub lique dont on sent toujours la necessity, les seigneurs qui avoient quelques affaires communes, imaginerent de s'assem- bler dans un lieu commode dont ils convenoient, et prirent l'habitude d'inviter leurs amis et leurs voisins a s'y rendre, pour defiberer de concert sur leurs pretensions, et la maniere dont Us se comporteroient. Ces especes de congres, qu'on tint assez souvent a l'oc- casion des croisades, des entreprises du clerge, etc., se nom- moient alors Parlemens, parce qu'on y parlementoit. II faut se garder de confondre ces assemblies avec la cour de justice du Roi, qu'on ne commenca a nommer Parlement, que vers le milieu du treizieme siecle (Voyez le traite des fiefs de [I have said, in speaking of feudal government in France, that towards the end of the second race and under the early Capetians, there was no assembly of the nation in which resided a national authority and which had the right to make laws, which each lord was bound lo obey. Fealty and homage between suzerains and their vassals, aU veritable despots in their lands, were the sole ties which united them. However in order to supply, as far as possible, that national authority, the necessity of which was always felt, nobles, who had common interests, conceived the idea of assembling together in a suitable place, to which they were aU agreeable, and formed the habit of inviting their friends and their neighbours to meet there, to deliberate in concert on tfieir claims and the way in which they should conduct themselves. These congresses, as it were, which were held fairly often with reference to the crusades, enterprises of the clergy etc., were then called Parliaments because matters were discussed there. Care must be taken not to confound these assemblies with the court of the King's justice, which only began to be called Parliament towards the middle of the 13th century. (See the treatise on fiefs by Brussel, p. 321.) The lords who 810 Proofs and Illustrations Part ii. Brussel, p. 321). Les seigneurs qui tenoient les assises ou les plaids du Roi, profitant de I'occasion qui les rassembloit pour conferer ensemble sur leurs affaires communes ou par- ticulieres, ainsi qu'ils avoient coutume de faire dans les assemblies, ou congres, dont je parle, on s'avisa de se servir du mot de Parlement, pour designer la cour de justice du Roi, et bientot ce nom lui fut attribue privativement, soit parce que la cour du Roi formoit une assemble plus auguste et plus importante que les autres, soit parce qu'eUe s'assem- bloit regulierement plusieurs fois l'annee, et que les autres assemblies n'avoient, quant a leur convocation et tenue, rien de tegulier et de fixe. C'est dans le sens de congres que ViUehardouin emploie le mot de Parlement, ainsi qu'on en peut juger par les passages suivans. "Apres pristrent li Baron (qui etoient croises) un parlement a Soissons, pour savoir quand U voldroient movoir, et quel part il voldroient tourner. A ceUe foix ne se porent accorder, porce que U lor sembla que U n'avoient mie encore asses gens croisie. En tot cet an 1200 ne se passa onques deux mois, que U n'assemblassent a parlement a Compeigne en qui furent tuit li Comte et fi Baron qui croisie estoient held the Assizes or the pleas of the King, taking advantage of the occasion which brought them together, to confer with one another about their common or private business, as they had been accustomed to do in the assemblies or congresses of which I am speaking, conceived the idea of using the word Parhament to denote the court of the King's justice, and soon this name was attributed to it exclusively, either because the court of the King formed a more august and more important assembly than the others, or because it assembled regularly several times a year, and because the other assembhes, as regards their con vocation and procedure, were in no way regular or fixed. It, is in the sense of congress that Vdlehardoum employs the word Parliament, as one can judge from the foUowing passages: "At a later date the Barons (who had taken the Cross) held a parliament at Soissons, to find out when a move should be made and in what direction. On that occasion they could not decide, because it seemed to them that they had not yet enough men who had taken the Cross. In the whole of this year 1200, two months did not pass by without an assembly of parhament at Compiegne, at which were present all the Counts and Barons Proofs and Illustrations 811 (art. 10), pristrent un parlement al chief del mois a Soissons Part n. per savoir que il pourroient faire. Cil qui furent li Cuens Balduin de Flandres et de Hennaut, et li Cuens Loeys de Blois et de Chartrain, li Cuens Joffroy del Perche, li Cuens Hues de S. Pol et maint autre preudome (art. 20)." Les parlemens ou congres ne faisoient point partie du gouvernement feodal. Quelque seigneur que ce fut etoit le maitre de les proposer, et s'y rendoit qui vouloit. On con- venoit quelquefois dans ces assemblies de quelques articles qui n'obfigeoient que ceux qui les avoient signes : c'etoient des conventions ou des traites de ligue, d'alliance ou de paix, et non pas des lois. who had taken the cross (art. 10) ; they held a parliament at the beginning of the month at Soissons to find out what they could do. There were present the Count Baldwin of Flanders and of Hainault, the Count Loeys of Blois and of Chartrain, the Count Joffroy of Perche, the Count Hues de St. Pol and many other nobles (art. 20)." The parliaments or congresses formed no part of the feudal government. Any lord whatever was free to propose them, and whoever wished went to them. Sometimes they agreed in these assemblies to certain articles which only bound those who had signed them; they were conventions or treaties of league, of alliance or of peace, and not laws.] I have made these long extracts (Mably, II. pp. 373 to 376), in order that it may be seen how the characteristics, which are sought in vain in the "Monarchy" of France, are to be found in the legislatures of the dominions denomi nated by that collective name. And, indeed, it is marveUous how Mably, with Vaissete upon his shelves, could assert that, in the reign of Philip le Bel, "les Francois, plonges dans la plus profonde ignorance, n'avoient aucune idee de la forme que doivent avoir des assemblies nationales, ni de la police reguliere qui doit en etre Fame pour les rendre utUes. Ils ne savoient peut-etre pas qu'il y eut un Charle magne, et certainement Us ignoroient 1'histoire de nos anciens Champs de Mars et de Mai" (II. 123.) [the French, plunged in the profoundest ignorance, bad no idea of the form which national assemblies ought to have nor of the regular organiza tion, which, to render them useful, should be the very soul of them. They did not know perhaps that there had been 812 Proofs and Illustrations Part ii. a Charlemagne, and they certainly were ignorant of the history of our ancient Champs de Mars and Champs de Mai]. The Assembly of Carcassonne was as truly a national assembly for that ancient County, as the Parliament of Scotland or of England. Whether the three orders of Carcassonne knew much or little about the Champ de Mai, is foreign to the purpose. But it may be asked, whether the Abbe was not more inexcusably ignorant of matters which he was bound to know. It is amusing to see aU the elaborate theories concerning the supposed motives which induced Philip le Bel to introduce the Deputies of the Tiers Etat into the States-General in 1302. at once demolished by the production of the record. The States-General neces sarily took into them all the elements of which the Provincial States were composed. The appointment of Deputies for the Towns, instead of their Magistrates, was mere matter of arrangement. Representation of towns The Consuls of Albia were, perhaps, detained by the I. First appearing by their . 771- 1 7 x t-> ' • Magistrates, or governing affairs ot the town, and therefore thev appeared at Beziers classes or bodies. II. Next, , , . _. ,, ',, • x J by Deputies, appointed by by their Procurators ; and when an assemblv was appointed such Magistrates, or go. . ",77 j x j veming classes. in. to meet for all Jb ranee, such a practice would be adopted, Lastly (in some cases), by x , Deputies elected by the not only for the convenience of the distant towns, but m body of freemen, &c. ^ order to keep the numbers of the assembly within moderate bounds. Municipal bodies seem, in the first instance, to have appeared by their Magistrates, or governing bodies. s In the next stage, Deputies were appointed by such Magis trates or governing bodies. Delegates, appointed or elected by the inhabitants, corporators, or burgesses at large, con stituted the last stage. 1. Writs of Summons to the General Conventus, ok to the Mallum, Formation of the General Con ventus, &c.b (b) A recital of a writ of summons to a General Conventus is preserved in the epistle addressed by Hincmar and the » Sec below, p. 839, &c. u 1 add examples of our English writs, in order to bring before Proofs and Illustrations 813 other Bishops of the province of Rheims and Rouen to Part n. Louis le Germanique, A.D. 858. the reader the general resemblance of the proceedings. They should also be compared with the writs of summons addressed to the members of the States of Carcassonne. Rex venerabfii in Christo Patri W. Eborum Archiepiscopo salutem. Mandamus vobis rogantes, quatenus sicut nos et honorem nostrum pariter et vestrum diligitis, et in fide qua nobis tenemini, omnibus aliis negocfis omissis, sitis ad nos, apud London', a die Sancti Hillarii in xv. dies, ad tractandum nobiscum, una cum ceteris magnatibus nostris, quos simUiter fecimus con- vocari, de arduis negocfis nostris, statum nostrum et totius Regni nostri specialiter tangentibus : et fioc nuUatenus omittatis. Teste Rege apud Windleshore, xiiii. die Dec. (26 Hen. III.) [The King to the venerable Father in Christ, W., Archbishop of York, greeting. We do hereby command and request you, as you love us and our honour equaUy with your own, and by the fealty by which you are bound to us, that you lay aside all other business and come to us at London on the fifteenth day from the feast of St. Hilary, there to discuss with us, together with the rest of our magnates, whom we have in like manner caused to be summoned, our arduous affairs, especiaUy touching our condition and that of the whole Realm ; and by no means faU in this. Witness the King at Windsor, on the 14th day of December.] Rex dfiecto et fideli suo Ricardo de Burgo, Comiti Ulton. salutem, &c ad haec, quia dUecto et fideli nostro Johanni Wogan, Justiciario nostro Hibernice super isto negocio nostram mandavimus voluntatem, vobis ex parte nostra rivse vocis oraculo plenius referendam, vos rogamus quatenus eidem Johanni in hiis qua? vobis dixerit in hac parte fidem plenariam prsebeatis, et ea in omnibus faciatis et compleatis, secundum quod vos ex parte nostra duxerit requirendos super quibus vestrum re sponsum per eundem justiciarium remandetis. Et hoc sicut nostri et totius Regni nostri commodum et honorem dfiigitis, et de fidelitatis vestrae constantia confidimus, nuUatenus omittatis. Teste Rege apud Plympton, quarto die Maii. (25 Ed. I.) [The King to his trusty and well-beloved Richard de Burgh, Earl of Ulster, greeting etc.. . .Moreover, whereas we enjoined our wiU upon our trusty and well-beloved John Wogan, our justiciar of Ireland, regarding this matter, to be more fuUy referred to you on our behalf by word of mouth, we do ask you 814 Proofs and Illustrations Part ii. Litteras dominationis vestrae quique nostrum habuimus General' conv^tus* to" be (11UDUS jussistis ut vobis vii. Kalendas Decembris, Remis held btiore the King. occurrcremus ; quatenus ibi nobiscum et cum cantoris fidefibus vcstris de restauratione sancta? ecclesia? et de statu ac salute populi Christiani tractaretis. Sed nos ad placitum Ulud occurrcre non potuimus, et propter incommoditatem et brevi- tatem temporis et propter inconvenientiam loci, et quod lugubrius est, propter confusionem tumultus exorti, &c. (Bouquet, VII. p. 519.) [We have each and all of us received the letters of your majesty in which you have ordered us to meet you at Rheims on the 25th day of November, in order that you might there discuss with us and with the rest of your faithful vassals the restoration of holy church and the condition and welfare of the Christian people. But we were not able to come to this assembly, both because of the inconvenience and shortness of the time and the unsuitableness of the place of meeting, and, what is more to be deplored, on account of the confusion caused by an insurrection which has arisen &c] (-'¦) writ of summons to a In nomine Domini Dei et Salvatoris nostri Jesu Christi, Mallum to be held before the Missus. (Compare Hludovicus divina ordinante providentia Imperator Augustus with the wnt to Richard r r o de Burgh, m the preceding G. Comiti. Notum sit tibi, quia volumus ut, quando haec Epistola nostra ad te venerit, statim sine tula dUatione prae- pares te ad hoc, ut xv. Kal. Januarii, id est, vi. diebus ante Natale Domini, obviani Jlisso nostro H. venias, in vUla nostra quae dicitur Heilambrunno : et quicquid Ule tibi de verbo nostro simul cum aliis Comitibus et fidefibus nostris ad faciendum injunxerit facere studias, et taliter exinde to give fuU belief and trust to this same John regarding those matters which he shall tell you in this behalf, and to perform and fulfil them in every respect, according to what he considers should be required of you on our behalf... and that you return us your answer on these questions by this same justiciar. And we do enjoin upon you, as you love the welfare and honour of ourselves and the whole Kingdom, and according to our trust in the constancy of your fealty, that you fafi not in any way to perform this. Witness the King at Plympton on the 4th day of May.] Proofs and Illustrations 815 agas, qualiter in tua fidefitate bonam habemus fiduciam. Part li. Bene vale, (Bouquet, VI. p. 373.) [In the name of tfie Lord God and our Saviour, Jesus Christ, Louis by the providence of God's ordinance, Emperor Augustus, to Count G. Be it known to you that it is our wiU, when this our letter shaU reacfi you, that you, without any delay, do prepare yourself to come to meet our Missus H. on the 18th day of December, to wit six days previous to our Lord's natal day, in our town which is caUed Heilbronn ; and whatever he shall enjoin upon you to do in accordance with our word together with other Counts and our faithful vassals, that take ye heed to do and forthwith perform even as we have good confidence in your fealty. FareweU.] (3.) Magnifico et honorabifi atque inlustri viro N. glorioso certain comites of aUs- Comiti Eghinardus aeternam in Domino salutem. Domnus writ of the Emperor. t 7- ts. i p 1T They think it necessary Imperator mandavit per Dagoltum venatorem ut N. Comes fiat two others shaii be L . x . present in the Placitum, faceret convenire ad unum locum Ulos Comites qui sunt in and a precept is issued x accordingly. Austria, id est, Hattonem, et Popponem, et Gebehardum, et ceeteros socios eorum, ut inter se considerarent quid agendum esset, si afiquid novi de partibus Bajoarice fuisset exortum. Tunc visum est Ufis bene esse, ut et tu et Atto in eodem placito fuissetis. Ideo rogant vos ut consideretis atque Ulis man- detis in quali loco videatur aptissimum esse illis conloquium. Nam H. videtur1, ut hoc bene esse possit. (Bouquet, VI. p. 384.) [To the magnificent, honourable and Ulustrious man N ., glorious Count, Einhard wishes eternal salvation in the Lord. The Lord Emperor has ordered by ' his Master of the Chase Dagolf that Count N. should cause to assemble together to one place those Counts who are in Austria, to wit Hatto, Poppo, and Gebehard and others of their rank to consider among them selves what is to be done, if any new development should arise from Bavaria. At that time it seemed to them that it would be good if you and Atto were to attend the same assembly. Wherefore we bid you consider and then tell them in what place it seems most fitting that this meeting should be held. For it seems to H. that this would be good.] 816 Proofs and Illustrations Part II. (4.) sa*. Imperator verd peracta autumnali venatione, trans >t Frmkiort"" Rhenum hiematum ad Franconofurt profectus est: ibique generali Conventu congregate, necessaria quaeque et ad utilitatem Orientalium Regni sui finium pertinentia, more solemni cum Optimatibus, quos ad hoc evocari jusserat, tractare curavit. In quo conventu omnium Orientalium Sclavorum, hoc est, Abotritorum, Soraborum, Wilsorum, Be- hemannorum, Maruanorum, Predenecentorum, et in Pannonia residentium Avarum, Legationes cum muneribus ad se missis excepit. Fuere in eodem Conventu et Legationes de Nord- mannia tam de parte Heriholti quam filiorum Godefridi. Quibus omnibus auditis atque dimissis, ipse in eodem loco, constructis ad hoc necessariis aedificiis novis, quemadmodum secum statuerat, hiemavit. DCCCXXIII. 823. conventus held at Mense Maio Conventus ibidem habitus est, hi quo non Frankfort, composed of. ^ . . -, , s\ • , i • rt the "Primores" of East universae Francice primores, sed de Orientali rrancvx atque ria, "Aiemannia," Bur- Saxonia, Bajoaria, Alemannia, atque Alemannice contermina gundy, and the parts ad- " joining the Rhine, who Burqundia, et regiombus Rheno adjacentibus adesse jussi are conunanded to attend. [The Emperor indeed, after the conclusion of the autumn hunting, set out to spend the winter across the Rhine at Frank furt ; and there after summoning a general Assembly, he busied himself with discussing aU matters necessary and appertaining to the welfare of the Eastern territories of his Kingdom in the usual way, with the optimates, whom he had ordered to be summoned for that purpose. And in this Assembly of all the Eastern Slavs, to wit the Obodriti, the Sorabi, the Wilzi, the Bohemians, the Mauri, the Predentccnti, and the Avars dwelling in Pannonia, he received the Deputations which had been sent to him with gifts. There were in this same Assembly also Deputations from Normandy, both on behalf of Herihold and also the sons of God f rid. Aud when they had been received in audience and dismissed, he spent the winter in that place, when new buddings necessary for this purpose had been buUt, as he had himself determined upon. In the mouth of May an Assembly was held in the same place, at, which the Peers, not of the whole of France, but of Eastern France and Saxony, Bavaria, Alemannia, Burgundy thai adjoined Alemannia and the regions that were adjacent to the Rhine were ordered to attend. And in this Assembly among Proofs and Illustrations 817 sunt. In quo inter ceteras barbarorum Legationes, quae vel Part n. jussse, vel sua sponte venerunt, duo fratres, Reges videlicet Meiigast and ceieadragus, Vrr .7 j ¦ . 7 7-. ii -. sons °* Liubi, a King of Wilsorum, controversiam inter se de Regno habentes, ad the wiizi <0r sciavonia ° ' Orientalis). Imperatoris praesentiam venerunt, quorum nomina sunt Meiigast, the eider son, Meligastus et Ceieadragus. Erant enim filii Liubi Regis Kii^epo^Vte^e TrT ., r\ • t x x? x #7 t-. he did not govern to the Wilsorum. mm licet cum fratribus sins Regnum suum satisfaction of the nation, ,...,, . , . and Ceieadragus appointed dinsum teneret, tamen propterea quod natu major erat, ad in his stead.— They are . ,. -n ¦ 7 , s\ • 7 • . hoth summoned to appear eum totius Regni summa pertrnebat. Qui ubi commisso before the Emperor, who, s\ • 7*L AL • • t «T T77- 7 r. when he understands that cum Orientalibus Abotritis praelio cecidisset, Wilsi filium ejus the younger is the more J agreeable to the people, Meligastum, qui major erat, Regem sibi constituunt. Sed """j™ him in his au- thority. cum is secundum ntum gentis, commissum sibi Regnum parum digue administraret, Ulo abjecto, juniori fratri regium honorem detulerunt. Quam ob causam, ambo ad presen- tiam Imperatoris venerunt. Quos cfim audisset, et gentis voluntatem proniorem in j unions fratris honorem agno- visset, statuit ut is delatam sibi a populo suo potestatem haberet. Ambos tamen muneribus donatos, et sacramento firmatos, in patriam remisit. Accusatus est in eodem placito Ceadragus, Prince of the ... -i-,. 7 Abotriti, accused of hav- apud Imperatorem Ceadraqus, Abotritorum Princeps, quod u>g violated his feaity r r v > r ' 1 towards the Franks. se erga partem Francorum parum fideliter ageret, et ad Im- the other Deputations from barbarians, which had come either at the Emperor's bidding or of their own free will, two brothers, to wit Kings of the Wiizi, who were disputing the succession between them, and whose names were Meiigast and Ceieadragus, came to the Emperor's presence. For they were the sons of Liubi, King of the Wiizi. And, although he (Liubi) shared his Kingdom with his brothers, nevertheless because he was the elder, the supremacy of the whole Kingdom belonged to him. But after he had faUen in battle with the Eastern Obodriti, the Wiizi appointed his son Meiigast, who was the eldest, King over themselves. But when he governed unworthUy the Kingdom entrusted to him according to the usage of the people, he was dethroned and the kingly office was conferred on his younger brother. For this reason both of them came to the Emperor's presence And when he had given them audience and had clearly seen that the wishes of the people were more inclined to honour the younger brother, he decreed that he should hold the power conferred on him by his people. How ever he sent them both back to their country loaded with gifts and bound by an oath. In this same Assembly, Ceadragus, Sovereign of the Obodriti, was accused before the Emperor of having acted with but scant fealty towards the Franks and of p. vn. 52 818 Proofs and Illustrations Part ii. peratoris praesentiam jam diu venire dissimulasset. Propter ceadragus promises to quod ad eum Legati directi sunt. Cum quibus Ule iterum repair to the presence of x ° x ^^x^xxx the Emperor in the en- quosdam ex primoribus gentis suae ad Imperatorem misit suing winter season. i x o xr "XMU") perque Ulorum verba promisit se ad proximum hyemis tempus ad illius praesentiam esse venturum Another conventus a- In eodem Conventu locus et tempus alterius Conventus Compiegne.' ° " habeiidi indicta sunt, Novembris videlicet mensis, et Com pendium Palatium. Peracto itaque placito, et dimissis Pro- ceribus, cum Imperator jam inde digredi statuisset, &c ceadragus, accompa- Ceadragus, Abotritorum Princeps, polficitationibus suis nied by some of the „ 7,.i -it • •-, i..^v "Primores" of his naUon, fidem adhibens, cum quibusdam pnmonbus popub sui Com- appears before the Em- -.ti.- t a peror, in the piacitum or pendium venit ; dilatique per tot annos adventus sui Conventus at Compiegne, . 77.,. 77.,. and justifies his conduct rationem coram Imperatore non improbabUiter reddidit. Qui licet in quibusdam causis culpabilis appareret, tamen propter merita parentum suorum non solum impunitus, veriim muneribus donatus ad Regnum redire pennissus est. (Annales Eginhardi, Bouquet, VI. pp. 183, 184.) having for a long time given false excuses for not coming to the Emperor's presence. x\mbassadors were therefore sent to him. But with them he again sent some of the peers of his people to the Emperor, and by their words promised to come to his presence in the ensuing winter season. In this same Assembly the place and time for the holding of another Assembly were announced, to wit in the month of November in the Palace at Compiegne. Therefore at the con clusion of this Assembly and after the dismissal of the Peers, when the Emperor had already made up his mind to go away &c... Ceadragus, Sovereign of the Obodriti, keeping faith with his promises, came with certain peers of his people to Compiegne, and gave a plausible reason for the postponement for so many years of his coming into the presence of the Emperor. And though in some matters he appeared to blame, yet for the sake of the deserts of his parents, he was permitted to return to his Kingdom, not only without receiving punishment, but even loaded with gifts. (Annals of Einhard.)] A.D. 823. (5.) In eadem villa, Franconoford scUicet, Imperator hieme oxacfu, Muio mense Conventum habuit Australium Fran corum, Saxonum, afiarumque eis collimitantium gentium. Proofs and Illustrations 819 In quo duorum fratrum certamen, quod de Regno magna Part n. altercatione inter se vertebant, congruo fine diremit. Erant autem Wiizi genere, filii Liubi quondam Regis : nomina Meiigast and ceieadragus eorum f uere, Mileguastus et Ceieadragus ; quorum pater Ludovicus pius° * *° Liubi dum Abodritis beUum indixisset, ab eis interemptus est, et regnum primogenito contraditum. At hic cum nimis segniorem se, quam res poscebat, in regni administratione exhiberet: circa junioris honorem favor populi declinavit. In qua altercatione ante praesentiam Imperatoris venientes, requisite atque reperta voluntate populi, junior quidem Princeps est declaratus : ambos tamen Imperator muneribus amplis donatos, et sacramentis devinctos, et inter se et sibi dimisit amicos. (Vit. et Act. Ludov. Pii Imp., Bouquet, VI. p. 105.) [When the winter came to an end, the Emperor in the month of May, in this same town, to wit Frankfurt, held an Assembly of Southern Franks, Saxons and other peoples that lived in countries bordering on these. And in this assembly the Emperor brought to a suitable conclusion a contest between two brothers, which they were carrying on with great heat one against the other with respect to the succession. For they were of the people of the Wiizi, sons of the former King Liubi, and their names were Mileguast and Ceieadragus. And when their father Liubi had declared war on the Obodriti, he was killed by them and the throne passed to the first-born. But wfien the latter showed himself far more inactive in the administration of his Kingdom than the state of affairs required, the favour of the people leaned towards the younger son to raise him to the kingly office. And after bringing their quarrel before the Emperor in person, the wishes of the people were consulted and found out, and the younger son was declared Sovereign. Nevertheless the Emperor sent them away loaded with ample gifts and bound by oaths and with friendly feelings towards one anotfier and towards himself. (Life and Acts of Louis le Debonnaire, Emperor.)] 52—2 820 Proofs and Illustrations Part II. II. The Mallum or Placitum — Documents relating THERETO. (1.) Between 824 and 851. Conwoion Abbas venit in Lis-celli in placito publico ante before Graion or Graelent Gradlon Moxtiern et ante Portitoe, et RatuiU, et Catloiant, et Missu» of Nominoe, the Jarnuocon filius WoTwili, et ante Jcmvoion missus Nominoe King or Prince of Brittany. .. , ., et multos alios nobiles viros, et interpeUavit Merchrit eo cjuod haereditatem Rethwobri per vim retinebat, &c, Merchrit judgment given by the earn reddidit secundum judicium scabinorum, quorum haec sunt nomina. Hitin. Franwal. Wolethcec. Drihican, &c. Nominoe principe in Britannia. Mainone Episcopo. Gradlon Mactiern, &c. (Lobineau, II. p. 69.) [The Abbot Conwoion came to Lis-celli to the pubhc assembly held before Gradlon the Mactiern and before Portitoe and RatuiU and Catloiant and Jarnuocon, son of Worwil and Jcmvoion, the Missus of Nominoe, and many other noble men, and accused Merchrit of forcibly retaining the hereditary possession of Rethwobri &c. Merchrit restored it to bim in accordance with the judgment of the scabini whose names are appended. Hitin. Franwal. Wolethcec. Drihican &c. Nominoe, Prince of Britanny. Mainon, Bishop. Gradlon the Mactiern, &c] For the proceedings in another British MaUum, see above, p. 271, No. 2. These documents are very singular, since they show that the Frankish or Teutonic Scabini had been introduced into Armorica : but I must leave it to the Cymric antiquaries to determine whether any analogous institution may have existed previous to the subjugation of the country. Nominoe had his Missus in imitation of Charlemagne. Placitum or Mallum of (2.) Extract from the record of a MaUum of the County of Carcassonne, held at Ausonne, A.D. 918. cor^o8ir>'g'!the"sam,elb— Cum in Dei nomine resideret Aridemandus Episcopus and^cimburgii3^; sedis Tolosce civitatis, cum viro venerabili Bernardo qui est Romans, and laiUs, oi Missus adVocatus Raymundo Comite Tolosce civitatis et Proofs and Illustrations 821 Marchio, per consensu Odone Comite genitore suo, una cum Part ii. Abbatibus, Presbyteris, Judices, Scaphinos, et Regimburgos*, tam Gotos, quam Romanos seu etiam et Salicos qui jussis causam audire, dirimere, et legibus dennire ; id est, Donadeus Monachus, Bellus Monachus, Amelius Monachus ; Adalbertus, •Jodolenus, Donatus, Rumaldus, item Donatus, Judices Bomanorum ; Eudegarius, Aicobrandus, Radulphus, Hugo, Judici Goihorum ; Oliba, Rotgarius, Aimenradus, Johannes, Aimo, Arloinus, Arimares, Ailenus, Judices Salicorum. Sive et in praesentia Autario, Adalardo, Olibano, Arnulfo, Ugberto, Hugone, Gairaldo, Ossendo, Bellone, Baldefredo, Ischafredo, Malaignaco, Segebrando, Ariberto, Sanprognano, Bonemiro, Ostaldo, Salvardo Sagione et aliorum plurimorum bonorum hominum qui cum eos residebant in Mallo publico, in castro Ausona, in die Sabbato. Ibique in eorum praesentia veniens homo nomine Adalbertus qui est mandatarius vel adcertor advocates Bernardo vicario seniori suo, dicebat: Domne episcope et vos judices jubete me audire et facite mihi justitiam de iste Arifonso Abbate S. Johannis Baptistae castri Malaste, quae est situs in territorio Carcassense super fluviam Duranno. Iste jam dictus Abbas et ipsa congregatio de jam dicto loco venerabile, retinent vUare cujus vocabulum est Villa-Fedosi quae alium nomen vocatur Elsau, cum terminis et limitibus et adjacentiis suis, qui est situs in territorio Ausonense in suburbio Carcassense [Here foUow the boundaries.] a . . .tunc Grafio eongreget secum septem Rachinburgos ido- neos, et cum ipsis ad casam Ulius fidejussoris veniat. (Lex Salica, 52, § 2.) [. . .then the Count shall assemble with him seven sufficient Rachinburgii and with them let him go to the house of this surety. (Salic Law, 52, § 2.)] si quis ad MaUum venire contempserit et quod ei a Rachinburgis judicatum fuerit implere distulerit. (Lex Sal. 59.) [...if any man shaU neglect to come to the MaUum and shaU be slow to fulfil wfiat has been adjudged to him by the Rachinburgu. (Salic Law, 59.)] From these, and many simUar passages coUected by Savigny, I. 180, &c, and Eichhorn, I. 211, it appears that they held an office or station simUar to the Scabini. I do not find any satis factory etymology for the name. 822 Proofs and Illustrations Part ii. . . .de quantum in istas totas affrontationes abet ipse villare Lands asserted to be held constructo cum terminibus. limitibus et ajacentfis suis sin by the service of Caval- J ~^j, ax\j cot*- retinet iste jam dictus Abba injuste et malum ordine, unde servicius debet exire circa et quarta, et cavalcataa, sicut alii Spanii debent facere de Ulorum aprisione [When in the name of God Armand, Bishop of the see of the city of Toulouse, took his seat together with the venerable man Bernard, who was Missus advocate of Raymond, Count of the city of Toulouse and Marquess, by consent of Count Odo his father, together with the Abbots, Presbyters, Judges, Scabini and Rachinburgii, both Goths and Romans and also Franks who were ordered to hear, sift and determine lawfully this case, to wit Donadius the Monk, Bellus the Monk, Amelius the Monk; Adalbert, Jodolen, Donatus, Rumald and also Donatus, Justices of the Romans ; Eudegar, Aicobrand, Radulph, Hugo, Justices of the Goths; Oliba, Rotgarius, Aimenrad, John, Aimo, Arloin, Arimares, Ailenus, Justices of the Franks; and in the presence of Autarius, Adalard, Oliban, Arnulf, Ugbert, Hugo, Gairald, Ossend, Bellon, Baldefred, Ischafred, Malaignac, Segebrand, Ari- bert, Sanprognan, Bonemir, Ostald, Salvard the Tip-staff, and several other good men who with them were sitting in the public Mallum, in the town of Ausonne, on Saturday. And there to their presence there came a man named Adalbert, who was proctor or lawyer advocate for Bernard, the deputy of his lord, and said, 'My Lord Bishop and you justices, do ye give orders that I should be heard and do me justice with regard to Alfonse, Abbot of St. John the Baptist in the town of Malast, which is situated in the territory of Carcassonne on the river Douron. For the aforesaid Abbot and his brotherhood in that aforesaid venerable place do retain a certain hamlet which is caUed Villefedose and which also bears the name of Alsau, with its district, boundaries and adjacent lands, which property is situated in the territory of Ausonne hi the suburb of Car cassonne.. . . ... to the full extent which that hamlet has in the whole of the aforesaid boundaries with inclusion of aU its district, limits and appurtenances, to that same extent, does the said Abbot unjustly and wrongly withhold, it, since it ought to do service of tierces and quarts and mUitary duty, as the other Spaniards have to do for lands allotted to them.] n Cavaleata is military service for forty days: the "circa [tertia?] et quarta," is unintelligible. Proofs and Illustrations 823 The Abbot, by his mandatory, pleads that his predecessors Part n. purchased the land, and that the precepts, by which the monks hold the property, show "quod nuUum obsequium n0 service due from the nee nuUum servitium non debent facere de jam dicto villare heVw theSasupport"o1 - . . 7 ...... the poor, and the rnain- nec de suum terminium sed omnia haec in abmonia pauperum tenance of the Monks. et in stipendia monachorum" [that they are not bound to do any duty or service in respect of the aforesaid hamlet nor for its surrounding district, but aU these are held as alms for the poor and as maintenance for the monks] ; and he proffers his charters, &c. Adalbert is then caUed upon by the Court to rebut this plea by legal evidence: "inter- rogavimus Adalberto mandatario de jam dicto Bernardo vicario Misso Raymundo Comite, si potebat habere scripturas aut testes aut ullum judicium veritatis, ut possit approbare quod beneficius debet esse de seniore suo Bernardo per donativum vel consensu de jam dicto Comite Raymundo, quam alodes de ipse venerabUe loco superius nominato." [we have questioned Adalbert, the Proctor of the aforesaid Bernard, the Missus deputed by Count Raymund, as to whether he could produce writings or evidence or any decisive proof, so that be can prove that the estate should be adjudged a benefice of his senior Bernard through the gift or the consent of the aforesaid Count Raymond, rather than an aUodium of the venerable place mentioned above]. —He is unable to do so, and withdraws his suit, and, by the order of the MaUum, he acknowledges in Court that the Abbot has more right to hold the land as an aUode, than his Senior has to claim it as a benefice: "Recognosco me ego Adalbertus mandatarius quod negare non possum et sic facio meam professione adque exvaguatione, quae de ipse vUare superius nominatum, unde ego per vocem seniori meo interpeUavi Soniario mandatariam Arifonso Abbate, injuste et malum ordine eum interpellavit adque maUavit que plus debet esse ipse vUares cum finis et terminis suis, sicut scriptum est, alodes legitimum de ista jam dicta casa-Dei adque venerabili loco, sive Arifonso Abbate, vel ad ejus congregatione, per Ulorum auctoritate et per regia donatione, quam beneficius seniore meo qui me mandatarium injunxit aut de quolibet hominem. Et ea quae ego me recognosco atque exvacuo, simulque conlaudo, recte et veraciter me recognosco atque conlaudo, et mea recognoxio vera est in omnibus." (Vaissete, Histoire de Languedoc, tom. II., 824 Proofs and Illustrations -Part il Preuves, pp. 56, 57, 58.) [I, Adalbert Proctor, do recognise what I am unable to deny, and herewith do make my declara tion and renunciation, — inasmuch as (quia) with reference to the same hamlet aforementioned concerning which I, as proctor on behalf of my principal, have summoned into court Suniarius, the proctor (mandatarium) of Alfonse, I have summoned him and brought him before the maUum unjustly and wrongly, — that the same hamlet with its district and bounds as described is of right rather the lawful aUodium of the aforesaid monastery and venerable place, and of Alfonse the Abbot and his brotherhood by the titles in their possession and the king's gift, than the benefice of my principal, who appointed me proctor, or of any other whatever. And what I profess and renounce and likewise approve of, I profess and approve of honestly and truly, and my profession is true in all respects. (Vaissete, History of Languedoc, Proofs, vol. II. pp. 56, 57, 58.)] The strangely corrupted language of this document holds a medium between "Book Latin" and the Lingua Romana. III. Legislation of the States a included in the Frankish Empire or Monarchy. Constitutio Gaufredi Comitis Britonum. 1185. § 1. Haec est Assisia terrarum Britannice quam fecit macted'by'Geofirey plan! Gaufridus Comes, filius Regis Anglorum. Notum sit omnibus tax,™' upon the°petition tam praesentibus quam futuris quod cum in Britannia super of Brittaiiy0P5 a ns terris inter fratres dividendis detrimentum plurimum soleat tt I avoid, almost to affectation, the name of Provinces, because by that name, in its modern sense, we can hardly help understanding it as designating portions of a kingdom or state. Now I wish that the reader should always keep in mind that the component parts of France were distinct and individual states, which had never been combined into one monarchy, and that their privileges were not gained at the expense of the Crown, but were merely the remains of an independent organization, which had escaped destruction. Proofs and Illustrations 825 evenire, ego Gaufridus filius Henrici Regis, Dux Britannice, part n. Comes Richemundice, utilitati terrae providere desiderans, petitioni Episcoporum et Baronum omnium Britannice satisfaciens, communi assensu eorum Assisam feci tempore Baronies and Knights' fees not to be divided as meo et successorum meorum permansuram, et concessi quod heretofore, but to descend .. P 7 . .... . . r. ,... entire to the eldest sons. in Baronns et teodis mibtum uiterius non fierent divisiones, sed major natu integrum obtineret dominatum. Junioribus suis majores providerent et ministrarent honorifice necessaria juxta posse suum ; ea vero quae tunc juniores possidebant in terris sive denariis tenerent quamdiu viverent; haeredes quidem terras tenentium Ulas possiderent in perpetuum, denarios autem habentium haeredes post patres non haberent. § 2. Item si terra majorum devenerit in baUivum, frater major post eum baiUiam habebit. Quod si fratrem non habuerit, ille de amicis baUiam habeat cui decedens cum assensu Domini sui eam commendare voluerit. [Ordinances of Geoffrey, Count of Britanny. § 1. This is the Assize of the lands of Britanny which Count Geoffrey, son of the King of the English, enacted. Be it known to aU men, present and future, that since in Britanny very great mischief usuaUy results from the distribution of land between brothers, I, Geoffrey, son of King Henry, Duke of Britanny, Earl of Richmond, being desirous to provide for the welfare of the land and by way of granting the petition of the Bishops and all the Barons of Britanny, with their common consent, have enacted an Assize that is to remain in my time and in the time of my successors, and I have conceded that no further divisions be made in Baronies and knights' fees, but that the first-born bold the lordship without division; that the elders provide for their juniors and honourably supply them with aU the^ need in so far as they are able ; but that the younger brothers hold as long as they live wfiat tfiey themselves possessed in lands or money at that time; that the heirs of those holding such lands possess them for ever, but that the heirs of those who have money have it not after their fathers. § 2. Again if the ancestral estate passes into the keeping of a guardian, the next older brother of the deceased shaU have the wardship. And if he has no brother, let one of his friends, to whom at his death he wished to entrust it with his Lord's consent, have the guardian's office. 826 Proofs and Illustrations Part ii. § 3. In filiabus vero, qui majorem habuerit terram habeat, et juniores maritabit de terra ipsa ad consilium Domini et propinquorum generis. Si autem in terra majoris maritagium aliquod decidere contigerit, quod juniori placeat, illud habebit ; nee major alii conferre poterit dum junior habere velit. Quod si habere noluerit et alibi invenerit, major frater ei de rebus et catallis suis dando pro posse suo cum consilio propinquorum procuret amicorum. Item si major juniori terram dederit de qua eum in hominem recipiat et sine haerede obierit, alicui de propinquis suis cui voluerit eam dabit, ita quod ad prineipalem Dominum non redeat. Si autem non ceperit eum in hominem ad majorem fratrem haereditas rcvertetur. § 4. Hanc Assisiam ego Gaufridus, Dux Britannice et Constancia uxor mea et omnes Barones Britanni juravimus tenere. Decrevimus etiam necessarium ut et majores natu et juniores eam jurarent tenendam. Et si juniores noUent jurare amplius nee in terram nee in denarios partem essent habituri. § 3. In the case of daughters however, let him who has married the eldest have the land and he shaU find husbands for the younger daughters out of that land in accordance with the counsel of his Lord and the relatives of the fanuly. But if on the estate of the elder a marriage portion should chance to become avaUable which pleases a younger daughter, she shall have it ; nor can the elder daughter confer it on any one else as long as the younger wishes to have it. And if she does not wish to have it and has acquired property elsewhere, let the elder brother (brother-in-law), with the advice of their nearest friends, provide for her by giving her, to the utmost of his ability, out of his goods and chattels. And also if the elder shall give to the younger land in respect of which the younger becomes his man and he shall die without heirs, he shaU give this land to any one of his relatives that he shall wish, provided it does not revert to the principal Lord. If however he does not receive him as his man, let the inheritance revert to the elder brother. §4. I, Geoffrey, Puke of Britanny and Constance, my wife, and all the Barons of Britanny have sworn to maintain this Assize. We have also decreed that it is necessary that both elder and younger sons should swear to keep it. And if the younger sons will not swear, that they should have no further share in the land or in the revenues. Proofs and Illustrations 827 § 5. Hanc igitur institutionem sive Assisam Rolando de Part n. Dinanno et ejus haeredibus per totam terram suam con- cessimus permansuram. Ut igitur ratum permaneat et stabfie, attestatione sigUli mei et Constancies uxoris meae volumus roborari. Testibus, Herberto Redonensi Episcopo. P. Macloviensi Episcopo. Mauritio Nannetensi Electo. Rodulfo de Fulgeriis. Comite Eudone. Alano de Rohan. Alano filio Comitis. Henrico filio Alterius. Abbate Tudi, et pluribus afiis. Apud Redonas. (Lobineau, II. pp. 317, 318.) § 5. We have therefore conceded that this institution or Assize should be permanent for Roland of Dinan and his heirs throughout aU his land. In order therefore that it might remain ratified and firm, it is our wiU that it be confirmed with the attestation of my own seal and that of my wife Constance. On the testimony of Herbert, Bishop of Rennes, P. Bishop of Saint-Malo, Maurice, Elect of Nantes, Raoul de Foughres, Count Eudon, Alain de Rohan, Alain Fitz-Count, Henry, the son of the other Count, Abbot Tudi and several others. At Rennes.] Copies of this Assize were delivered to aU the principal Barons of the Duchy, the name of the party being inserted in the fifth section. (2.) Ego Blancha Comitissa Trecensis Palatina, notum facio iziz. ... , e i • ¦ Establishment or Statute universis, tam praesentibus quam futuris, me communi made by Blanche, coun- ... tess of Troyes, by the consilio et assensu baronum meorum et vavassorum meorum advice and assent of the . Barons and Vavassors of statuisse, quod si abquis baronum meorum, vel vavassorum champagne and Brie, con- x ^ -xxi cerning the succession of Campanice, vel Brice, sine herede masculo decesserit, et plures daughters of Barons and * ' n 1 • Vavassors, as coparceners. nabuerit filias, primogenita filiarum habeat castellum, anae vero habeant planam terram : ita quod de terra Ula plana unicifique Ularum portio sua rationabilis assignetur, juxta valentiam reddituum castelli, non aestimata vel computata valentia dominii vel f orteritiae sive casteUi sui, neque valentia justifies infra casteUum, neque valentia feodorum quae pertinent ad casteUum. Et si post rationabUem cujuslibet portionem, sicut superius est expressum, factam de terra ilia plana, aliquid residuum fuerit ; in residuo Ulo primogenita 828 Proofs and Illustrations Part ii. filiarum domina castelli cum aliis sororibus suam habeat portionem, si vero plana terra non valuerit tantum, quod quadibet filiarum possit rationabUem portionem, juxta valcntiam reddituum castelli, sicut praedictum est, de castelli redditibus suppleatur. Si autem, duo vel tria, vel plura fuerint cast ella, prima filiarum melius habeat casteUum ; secunda melius post illud ; tertia tertium ; quarta quartern ; et sic de aliis. Aliae vero filiae fiabeant terram planam; ita quod si de plana terra non possunt habere rationabUem portionem juxta valcntiam castellorum, non aestimata vel computata valentia dominii, vel forteritiae Ulorum casteUorum sicut praedictum est, neque valentia justitfie infra casteUa, neque valentia feodorum quae pertinent ad casteUa; uni- cuique iUarum portio fiat rationabifis, et augeatur de redditibus casteUorum. Hoc idem stabili mentum feci de casteUanis, et de vavassoribus qui habent castella, vel domos fortes. (Martene et Durand, Tfiesaur. Xovus Anec- dot. I. p. 825.) [I, Blanche, Countess Palatine of Troyes, do make known to aU men in the present and in the future, that I, with the common counsel and consent of my barons and vavassors, have enacted that if any of my barons or vavassors of Champagne or Brie shall die without male heirs and shaU have several daughters, the firstborn of the daughters shall have the castle and the others shaU have the cultivated land : in such a way that a reasonable portion be assigned to each one of them in respect of that cultivated land, computing according to the value of the returns of the castle, but without estimating or computing the value of the lordship either of the fortress or the castle itself or the value of the justice within the jurisdiction of the castle, or the value of the feuds that appertain to the castle. And if, after a reasonable provision for any one, as has been expressed above, has been made out of the cultivated land, there be any residue, in that residue the firstborn of the daughters, as lady of the castle, shall have a share together with the other sisters; if however the cultivated land does not nu (lice that any of the daughters can have a reasonable portion, according to the value of the returns of the castle, as has been said above, let, the deficiency be supphed from the returns of the castle. If however there are two or three or more castles, let the elder daughter have the best castle, the second daughter the next best, the third daughter the third best, the fourth Proofs and Illustrations 829 daughter the fourth best and so on. Let the other daughters Part II. however have the cultivated land; and if they cannot have a reasonable share of the cultivated land in accordance with the value of the castles, without estimating or computing tfie value of the lordship or the fortifications of those castles, as has been said above, nor the value of the justice within the jurisdiction of the castles, nor the value of the feuds which appertain to the castles, let a reasonable share of them be made to each one and the augmentation be taken from the returns of the castle. This same firm decree have I made with regard to chatelains and vavassors who have castles or strong dwellings. (Martene and Durand, A new collection of inedited documents.)] (3.) Nous Simon Counte de Leicestre, Sieur de Montfort, &c, 1212. par le conseU des venerables Seigneurs, scavoir est, les Md^ylsimor? deP mo'S- Archevesque de Bordeaux, Evesques de Tolose, Carcassone, Agen, Perigeux, Conserans, Commenge, et Bigorre, et des sages hommes nos Barons et principaux vassauxa mettons en toute nostre terre teUes generales coustumes, les queUes commandons estre de tous inviolablement observees, et sont ceUes qui ensuivent. (Catel. 269.) [We, Simon, Earl of Leicester, Lord of Montfort, &c, by the counsel of the venerable Lords, to wit the Archbishop of Bordeaux, the Bishops of Toulouse, Carcassonne, Agen, Perigueux, Conserans, Commenge, and Bigorre and of the wise men our Barons and principal vassals, do hereby set forth in all our land such universal customs, as we command to be inviolably observed by aU, and they are as foUows. (Catel, History of the Counts of Toulouse.)] Anno Incarnationis Domini 1212, mense Novembris, convocavit nobUis Comes Montis-fortis Episcopos et NobUes a E quand lo dit Conte de Montfort vist que autre cosa no podie far, va s'en tornar dessa en Pamias, la ont mandet un grand conseUh et parlamen. (From a Chronicle in the Provencal language, Vaissete, III., Preuves, p. 50.) [And when the said Count of Montfort saw that there was no other help for it, he betook himself to Pamiers, where he summoned a great councU and parliament. (From a Chronicle in the Pro vencal language, Vaissete, III., Proofs, p. 50.)] 830 Proofs and Illustrations Part ii. terrae suae, apud Castrum Apamiarum celebraturus collo quium generate*. Causa autem coUoquii hujus ista fuit, ut Comes noster, in terra quam acquisierat institui faceret bonos mores, haeretica spurcitia procul pulsa, quae totam corruperat terram Ulam, bonae tam cultu refigionis Christianae, quam etiam de temporale pace et quiete con suetudines plantarentur. Terra siquidem Ula, ab antiquis diebus depredationibus patuerat et rapinis, opprimebat quippe potens impotentem, fortior minus fortem. Voluit igitur Comes nobilis, cunctas consuetudines fixosque fimites terrae dominis ponere, quos transgredi non liceret, quatenus etiam milites de suis certis et rectis redditibus recte viverent : minor etiam populus sub alis dominorum posset vivere, a committee of twelve immoderatis exactionibus non gravatus : ad quas consue- elected in such Parlia- _ , . . ment, by whom the ordi- tudines statuendas, electi fuerunt viri duodecim qui super nances were to be made, ^ x x such committee being sacrosancta Evangelia juraverunt, quod pro posse suo tales composed of two Bishops, ° ** ' x x x one Knight Tempiar, one consuet udines ponerent, per quas ecclesia sua fibertate Knight Hospitaller, four r r x French Knights, two gauderet, tota etiam terra in statu firmaretur meliori. De Knights of the county, ° and two Burgesses. yjjs autem 12 electoribus, quatuor fuerunt Ecclesiastici, duo scilicet Episcopi, Tholosanus et Consoranensis, unus Tem- plarius, unusque hospitalarius, quatuor praeterea Francigence Milites, quatuor etiam indigenae, duo milites et duo burgenses, per quos dictae consuetudines satis competenter positae et firmataeb. Ut autem consuetudines Ulae inviolabifiter ser- varentur, antequam proferrentur in medium, nobilis Comes omnesque milites sui super quatuor Evangefia juraverunt, a As the Burgesses are mentioned in the Committee of Twelve it is probable that they also formed a part of the assembly. b This Committee seems to have furnished the precedents for the appointment of a similar body in the Parhament of Oxford, 1258. The French Knights were those to whom Simon de Mont fort had granted fiefs in the county of Toulouse, — "on voit par ces statu ts, que Simon de Montfort avoit dispose des lors, en faveur de divers chevaliers Praneois, des terres qui avoient etes con- fisquees sur la noblesse du pais qui avoit eu le malheur d'embrasser ou de favoriscr l'hcresie, ou de se declarer contre ce general." (Vaissete, III., p. 234.) [We see by these statutes that Simon de Montfort had disposed from that time forward, in favour of certain Frenoh knights, of the lands which had been confiscated from the nobles of the comity who had had the misfortune to embrace or favour heresy or to declare them selves opposed to this general.] Proofs and Illustrations 831 quod supra memoratas consuetudines nunquam praesumeret Part n. violare: ut etiam majorem obtinerent firmitatem redactae sunt in scriptum, sigiUo etiam Comitis et omnium Episco porum qui ibi plures erant firmatae et munitae. (Chron. Petri Vallis, Ducfiesne, V. p. 624.) [In the year of our Lord's Incarnation 1212, in the month of November, the noble Earl de Montfort summoned together the Bishops and Nobles of his land at Pamiers to attend a general parliament. The reason for this assembly was that our Earl, in the land which he had acquired, migfit cause good morals to be established, all the heretical filtfi which had corrupted the whole land to be driven out, and good ordinances to be implanted therein by the culture of the Christian religion as weU as by temporal peace and quiet. For tfiat land had been exposed from ancient times to depredation and rapine, the powerful indeed oppressing the less powerful, the stronger the weaker. The noble Earl therefore wished to lay down for the lords of the land aU their ordinances and fixed boundaries, which they must not cross, so that both the knights might live uprightly on their fixed and rightful revenues; and also the lower classes might be able to live under tfie wings of their lords, without being oppressed with immoderate exactions. And to determine these ordinances twelve men were elected, who swore on the Holy Gospels that they would lay down such ordinances to the best of their ability, that by them the church should rejoice in her freedom and the whole land be established on a better foundation. Moreover of the twelve electors, four were Churchmen, to wit two Bishops, of Toulouse and Conserans, one Templar, one Hospitaller, four French knights in addition, also four natives of the country, two knights and two burgesses, through whose agency the aforesaid ordinances should be firmly and well laid down. And in order tfiat tfiese ordinances should be inviolably kept, before they were published,' the noble Earl and all his knights swore over the four Gospels that they would never presume to violate the above-mentioned ordinances. They were also reduced to writing in order that they might be more firmly established, and they were confirmed and strengthened also by the seal of the Earl and all the Bishops who were present in great number. (Chronicle of Pierre de Vaux-Cernay.)] Idemque Lesatus ibidem Tholosce post aestatem consilium Councu or Parliament ,. .,,., t-> j- 7 held before the Papal celebravit, cui interfuerunt Narbonensis, Burdigalensis, j^te at Toulouse, 832 Proofs and Illustrations Part ii. Auxitanensis, Archiepiscopi, et Episcopi multi et alii praelati. By this assembly the in- Item adfuerunt Comes Tholosanus et alii Comites praeter quisition was established. r Fuxensem, Barones et Senescallus Carcassonce et Consules Tholosani, duo, unus de civitate et alius de Burgo, qui statuta pacis in totius universitatis animam juraverunt et tam Comes quam caeteri Ulud approbaverunt, et fecerunt et idem fecit postea tota terra. (Chron. GuiU. de Podio, Duchesne, V. p. 691.) [And in that place, to wit Toulouse, this same Legate held a Council after summer, and there were present the Arch bishops of Narbonne, Bordeaux and Auch and many bishops and other prelates. And there were also present the Count of Toulouse, and the other Counts, with the exception of the Count of Foix, the Barons and Seneschal of Carcassonne and the Consuls of Toulouse, two in number, one from the county and another from the city, who swore the statutes of peace in the name of the whole community, and also the Earl and the rest approved of this and did the same; and the whole land afterwards did like-wise. (Chronicle of GuiUaume de Puy Laurens.)] "33- Nos Raymundus, Dei gratia Comes Tolosce, de consUio et Parliament held before t-i • .7- 7 . r, -x Raymond, Count of Tou- assensu Lpiscoporum et aliorum praelatorum, Comitum et Baronum, Militum et plurium aliorum virorum prudentum terrae nostrae statuimus, &c. (Labbe, Concilia. XI. p. 449.) [We, Raymond, by the grace of God Count of Toulouse, with the counsel and consent of the Bishops and other prelates, Counts and Barons, Knights and several other discreet men of our land, have enacted &c. (Labbe. Councils. XI. p. 449.1] (4.) J254- Ludovicus D. 0. Francorum Rex, universis prasentes of Beaucair" Presentgtheir litteras inspecturis saluteni. Visis petitionibus et discussis, «rto^ s grievanc«,ngand quas fideles nostri milites et burgenses Belliquadri nobis the King grants, that the 7,7, . ., 1, iv -,„ seneschal shaii not pro- obtulerunt, super varus gravannnibus quae per baluvos hibit the exportation of . . ,. corn, &C. ot his pleasure, nostros sibi nsserunt iiTOgan ; J>ane ut rebus sms uti liberius eisdem liceat, firmiter infiibemus, ne senescalli nostri pro sine voluntatis arbitrio, bladi vel villi, vel aliarum rerum vcnalium ipsis faciant interdictum ; quin ea eis liceat exportare, vel exportare volentibus vendere: hac tamen moderatione subintelleeta, ut arma nullo tempore Saracenis Proofs and Illustrations 833 vel victualia, dum guerram cum Christianis habuerint, sed Part n. nee quibuscumque nobiscum guerram habentibus liceat exportare. Si tamen causa urgens institerit, propter quam videatur interdictum hujusmodi faciendum, congreget senes- callus consUium non suspectum, in quo sint aliqui de praelatis, Exportation not to be ... .7 7 • -7 7 .,7 prohibited except by the barombus, militibus et hominibus bonarum viUarum ; cum ad«->« °f the Prelates, . Barons, Knights, and Men quorum consilio dictum faciat interdictum ; et semel factum, of the s°°d towns- absque consUio consimili non dissolvat; nee interdicto durante, prece vel pretio, cuiquam faciat gratiam specialem,. Quod ut ratum et stabde permaneat, praesentes litteras sigilfi nostri fecimus impressione muniri. Actum apud S. Egidium anno Domini mccliv., mense Julio. (Vaissete, Histoire de Languedoc, tom. III. Preuves, p. 507.) [Louis, by the grace of God, King of the Franks, to all wfio shaU see these present writs, greeting. After seeing and dis cussing the petitions which our faithful Knights and Burgesses of Beaucaire have presented to us on the matter of the various grievances which they assert are being inflicted on them by our officers Therefore in order that they may be allowed to enjoy their goods with greater freedom, we do firmly prohibit our seneschals from placing an interdict at their own goodwUl and pleasure on corn or wine or other articles for sale, but that they may be lawfuUy exported, or sold to those who wish to export them, with this qualification however understood, that at no time is it lawful to export arms or provisions to the Saracens, whUe they are at war with Christians, nor to any other people who may be at war with us. If however any urgent cause should supervene for which it seems expedient to impose such prohibition, the seneschal shall summon a meeting openly and without suspicion, at which shall attend some of the prelates, barons, knights and men of good towns, and acting on their advice let the interdict be imposed, and when it has once been imposed let it not be removed without a similar councU; and whUe the interdict lasts let it not do a special favour to anyone for entreaty or reward And that this may remain ratified and firm, we have caused these present writs to be fortified witfi tfie impression of our seal. Given at St. Gilles in the year of our Lord 1254, in the month of July. (Vaissete, History of Languedoc, Vol. III. Proofs, p. 507.)] This ordinance is, as nearly as possible, in the old English parliamentary form, — a charter granted upon the petition P. VIL 53 834 Proofs and Illustrations Part ii of the legislature. The charter for Beaucaire only has been preserved ; but it will be seen from the next document, that the same proceeding had taken place in Carcassonne. (5.) Proces verbal de la tenue d'une assemblee des trois e de la .senechausse de Carcassone. 1269. Noverint univcrsi quod Anno Domini mcclxix., viii. Consuls of Narbonne pray ,7* x* • • 7-7 t , • 1 1 . that the exportation of kal. Augusti, viri venerabdes et discreti, consules urbis et accoriiing'to thePstatu'tee suburbii Narbonce, ad praesentiam Domini Guillielmi de Cohardon militis senescalli Carcassonce et Biterris accedentes, cum instantia petierunt, ut bannum faceret de blado de dicta senescallia non extrahendo, ex causis quae inferius exprimentur. Sed cum juxta statutum Domini Regis juratum, hujusmodi deffensum fieri sit prohibitum, sine causa urgente; et tunc etiam cum bono et maturo consilio nee suspecto sit faciendum, et factum cum consilio, sine consUio non sit dissolvendum, nee eo durante, tanquam sit facienda gratia specialis; praedictus senescaUus ad haben dum hujusmodi consilium convocavit praelatos, terrarios, barones, milites, consules, et majores communitatum infra- [The minutes of the holding of an assembly of the three estates of the seneschals of Carcassonne. Let all men know that in the year of our Lord 1269 on the 25th day of July, venerable and discreet men, consuls of the town and district of Narbonne, did come to the presence of Lord William de Cohardon, Knight, Seneschal of Carcassonne and Biterre, and did urgently request that he should make procla mation forbidding the exportation of corn from the aforesaid community, for reasons which are stated below. But when in accordance with the sworn statute of the Lord King, a pro hibition of this kind was not permitted without urgent cause; and that moreover it had to be imposed with the advice of a good and mature council open and above suspicion, and when once imposed with their advice, it could not be removed with out ( heir sanction, nor while it lasted could any special favour he granted, the aforesaid seneschal convened the prelates, ienants-iii-chief, barons, knights, consuls and elders of the cc immunities written below to hold a councU of this kind, on Proofs and Illustrations 835 scriptos, in die Dominica post festum Beati Nazarii, ad part n. ipsum veniant Carcassonce ; ad praestandum sibi consilium in praedictis, per suas litteras sub hac forma. VenerabUibus in Christo patribus, D. M. Dei gratia writ or writs of summons Archiepiscopo Narbonce, Biterrensi, Agathensi, Lodovensi, and communities. Magalonensi, et Albiensi Episcopis, et Domino electo Car- of[sun7mVnsWtohtheeMai! cassonce, et capitulis eorum ; Abbati Crassensi [and 35 other 's^iboire, P. 8M, &c. Abbots, Priors, &c.]. Domino Philippo de Monte-forti. Domino Guidoni de Levis, MarescaUo Albigcsii. Domino Johanni de Brueriis. Domino Almarico Vicecomiti Narbonce. Domino Lamberto de Limoso. Domino Symone de Limoso. Domino Geraldo deCanesuspenso. G.deVicinis. Domino Ramundo Abbanni. Domino Guillelmo Abbanni. Domino Gaufrido de Caldaireno. Domino Philippo Goloyn, Majori. Domino Stephano de Darderiis, Philippo de Bosco- Arcambaudi. Domino Guillelmo Acurati. Domino Rainfrido Ermengaudi fratri ejus. Domino Jordano de Cabareto. Domino Lamberto de Montilio. Domino Isarno Vicecomiti Lautricensi. Domino Amalrico. Domino Bertrando fratribus ejus. Domino Jordano de Saxiacho. Domino Berengario de Podio Sorigario. Aymerico de Boys- siacis. Berengario Guillelmo Domino Claromontis. Domino Guillelmo de Lodeva. Domino Petro de Claromonte. Con siliums Carcassonce. Consulibus Biterris. Consulibus de Capite Stagni. Consulibus Agathens. Consulibus S. Tyberii. Consulibus Pedenacii. Consulibus de Caucio. Consulibus de Serviano. Consulibus Clari- Montis. Dominis et Con sulibus de Gigniacho. Consulibus de Pore. Consulibus de Florenciacho. Consulibus de Serinhano. Consulibus civitatis Albiensis. Consulibus de Castris. Consulibus Lautricensi- bus. Consulibus de Saxiacho. Consulibus Montis-regalis. the Sunday after the festival of St. Nazaire; and they were summoned to come to Carcassonne to offer him counsel on the above matters, by means of his writs issued in this form : To the venerable fathers in Christ, to M. the Lord Arch bishop of Narbonne by the grace of God; to the Bishops of Biziers, Agde, Lodeve, Maguelone and Albi and the Lord Bishop Elect of Carcassonne and to their communities ; to the abbot of Grasse [and 35 other Abbots, Priors, &c.]. To the Lord Philip de Montfort [and 26 other notables]. To the Consuls of Carcassonne [and of 25 other towns]. William 53—2 836 Proofs and Illustrations Part ii. Consulibus Limosi. Consulibus Montis-Olivi. Consufibus Elech. Consulibus Crassensibus. Consulibus Asiliani. Con sulibus de Caunis. Consulibus de Tribusbonis. Consufibus de Pipionibus, Guillehitus de Cohardon, MUes, SenescaUus Carcasson Domini Senescalli Carcassonce et Biterris, salutem et sinceram 6. [Assembly held at Beziers of the Three Estates of the Seneschalsy of Carcassonne. Be it known to all men that whereas some persons of certain good towns of the Seneschalsy of Carcassonne have made known to Geoffrey d'Aveze, the Lord King's Vicar at Beziers, lieutenant of William of Cohardon, Knight, Seneschal of Carcassonne and Beziers, that on account of poor harvests a scarcity of corn is imminent, and have urgently supplicated him that he should hold a councU in accordance with the King's statute, and decree a general prohibition of the exportation of corn from the Seneschalsy of Carcassonne and Biziers, the aforesaid lieutenant of the above-mentioned Lord Seneschal, by his letters patent, has summoned the prelates, barons, consuls and com munities of the cities and other good towns of the Seneschalsy of Carcassonne and Biziers, to take their advice on this matter at Biziers, in the following manner : To the reverend father in Christ, Lord M., by the grace of God, Archbishop of Narbonne, and to the chapter of his Church, Geoffrey d'Aveze, Vicar at Beziers, lieutenant of the Lord Seneschal of Carcassonne and Biziers, greeting and sincere 840 Proofs and Illustrations Part II. Barons. dUectionem. Cum propter messes steriles, et bladi caristiam imminentem, a quibusdam fuerimus cum instantia requisiti, de deffenso generali faciendo, ne bladum extrahatur per mare vel per terram de senescallia Carcassonce et Biterris ; et ad hoc ad diem Jovis post festum S. Laurentii, apud Biterrim, consilium praelatorum, et baronum, et aliorum bonorum virorum, prout in statutis regalibus continetur, duximus convocandum ; requirimus vos, rogamus et man damus, quatinus ad dictum consilium, die et loco praedictis, veniatis, ad praestandum nobis bonum consilium, quid super his agere debeamus. Datum Carcassonce, mense Augusti, Anno Domini mcclxxi. Red dite litteras*. Item sub eodem modo et forma, de verbo ad verbum, scripsit reverendis in Christo Patribus Dominis Biterrensi, Agathensi, et Lodovensi, Episcopis, et capitulis suarum ecclesiarum. Item, Domino elect o et capitulo ecclesiae Carcassoncr. Item, viris venerabifibus et discretis abbatibus de Monte-Olivo, &c. [and 15 other abbots]. Item nobilibus viris Aymerico Vicecomiti Narbonce, affection. Since on account of the poor harvests and the imminent scarcity of corn we have been urgently requested by certain men to make a general prohibition, so that no corn might be exported by land or sea from the Seneschalsy of Carcassonne and Beziers, we have thought good that a council of the prelates, barons, and other good men should be summoned in accordance with the King's statutes to consider this on Thursday after the festival of St. Laurence at Beziers. We do hereby require, ask and command you to come to the aforesaid Council on the day and at the place above-mentioned to offer to us good counsel as to what we ought to do in this matter. Given at Carcassonne, in the month of August, in the year of our Lord 1271. Restore the writs. Also in the same manner and in the same form, word for word, he wrote to the reverend fathers in Christ, the Lord Bishops of Beziers, Agde, and Lodevc, and to the chapters of their churches. Also to the Lord Bishop Elect of Carcassonne and the chapter of his church. Also to the venerable men and discreet abbots of Montolieu, d-c. [and 15 other abbots]. Also to the noblemen Ai/meric, Sheriff of Narbonne, to B The writ was probably to be returned to the messenger, in order that he might certify his service thereof, by indorsement. Proofs and Illustrations 841 Amalrico, fratri ejus ; Domino Isarno ; Domino Bertrando Part n. Domino Amalrico fratribus Vicecomitibus Lautricensibus ; et Domino Lamberto de Montilio, et Domino Stephano de Darderiis senescaUo terrae uxoris et liberorum Domini Philippi de Monteforti quondam. Item nobili viro Domino Guidoni de Levis, MarescaUo Mirapisci. Item nobilibus viris Domino Lamberto de Tureyo, Domino Gualfredo de Felgariis, Domino Aymerico de Bossiassis, Berengario Guil- lelmi, Domino Claromontis. Item discretis viris Praecep- toribus de Bozincho, [and 4 others]. Item consulibus et communitatibus Narbonce, Carcassonce, to*™*- Biterrce, Agathce, et Lodevce3-. Item abbatibus Castrensi, et Candillii, et Ardorelli. Item capitulo ecclesiae Albiensis. Ad quam diem et locum, de praedictis praelatis, baronibus, consufibus et communitatibus convocatis venerunt infra scripti. Videlicet venerabUis pater Dom. Episcopus Aga- tensis. Item, Raymundus Vayneti Canonicus Lodovce, cum Members attending. mandato procuratorio Domini Episcopi Lodovensis. Item, Petrus camerarius Montis-Olivi, cum mandato procuratorio Domini Abbatis Montis-Olivi. Item Dominus B. Sacrista Amalric his brother; to the Lord Isarn; to the Lord Bertrand and the Lord Amalric his brothers, Sheriffs of Lautrec, and to the Lord Lambert de Monteil and the Lord Stephen de Dardeis, seneschal of his wife's land and that of the children of the late Lord Philip of Montfort. Also to the nobleman Lord Guido de Levis, Marshal of Mirepoix. Also to the noblemen the Lords Lambert de Turei, Gualfrid de Faugeres, Aymeric de Boussagues, Berengarius son of William, Lord of Clermont. Also to the discreet men the Preceptors of Bozincho [and 4 others]. Also to the consuls and communities of Narbonne, Carcas sonne, Beziers, Agde and Lodeve. Also to the Abbots of Castres, and Candeil and Ardore. Also to the Chapter of the Church of Albi. On this day and to this place there came of those aforesaid prelates, barons, consuls and communities which had received the summons those mentioned hereafter: to wit the venerable father the Lord Bishop of Agde. Also Raymond Vayneti, Canon of Lodeve, with the procuratorial mandate of the Lord Bishop of Lodeve. Also Peter the Chamberlain of Mont- olieu with the procuratorial mandate of the Lord Abbot of 4 The Communities of Albi and Pezenas were also summoned, as appears below (p. 843). 842 Proofs and Illustrations Part ii. ecclesiae Carcassonce, et Dom. Sancius Mariana pro capitulo ecclesiae Carcassonce. Item, frater G. prior claustrafis monasterii Crassensis, procurator generalis ejusdem mo- nasterii, abbate carentis. Item, Raymundus de Avracio, clericus, cum mandato procuratorio abbatis Caunensis. Item, Dominus Abbas S. Pauli Narbonensis, scilicet Dominus Gtiiravdiis, et P Abbas 8. Jacobi Biterrensis, et Dominus P. Abbas 8. Affrodisii, &c. consuls of the good towns Item, Ayuicricus, Vicecomes Narbonensis, et Amalricus munities. fratres. Item, pro Vicecomitibus Lautricensibus, littera approbationis de hoc quod fiet, per vicarium sigiUata, cum sigiUo Domini Isarni, Vicecomitis Lautricensis. Item, Dominus Lambertna de Tureyo. Item, Ameyricus de Bocioxis, et B. Guillehni. Item, Consules Narbonce ; videlicet Johannes Benedicti, Petrus Abbati, pro se et afiis conconsu- libus, et pro communitate urbis et burgi Narbonce. Item, Consules Biterris ; scilicet Guillelmus de Rivo- Sicca, B. Grassi, Pontius Torti, Rainfridus Bardoni, G. Villamagna, Bertrandus Salvator, et Paulus Cultelli, pro se et pro communitate civitatis Biterris. Item, B. Johannis, et G. Petrus PitreUi, Montolieu. Also Dom. B, Sacristan of the Church of Carcas sonne and Dom. Sanche Morlane on behalf of the Chapter of the Church of Carcassonne. Also, Brother G, prior of the cloistered monastery of Grasse, came as procurator general of this same monastery which was without an abbot. Also Raymund de Auriac, clerk, with the procuratorial mandate of the Abbot of Caunes. Also, the Lord Abbot of St. Paul of Narbonne, to wit the Lord Guiraud and P. the abbot of St. James of Beziers and the Lord P. Abbot of St. Aphrodise. Also Aymeric, the Sheriff of Narbonne and Amalric his brother. Also, on behafi of the sheriffs of Lautrec, letters of approval of whatever shoidd be done, sealed by a deputy with the seal of the Lord Isarn, Sheriff of Lautrec. Also the Lord Lambert de Turet. Also Ame y ric de Boussagues and B. son of William. Also the consuls of Narbonne, to wit John Benedict, Peter the Abbot, on their own behalf and on behalf of their feUow- consuls and on behalf of the city and burgh of Narbonne. Also the Consuls of Beziers, to wit William de Riusec, B. Grassi, Pontius Torti, h'ttinfrid Bardoni, G. Villemagne, Bertrand Salvator and I'md Cultelli, on their own behalf and on behalf of the com munity of the town of Beziers. Also B., son of John and G. Peter Proofs and Illustrations 843 Consules Carcassonce, pro se et aliis conconsufibus suis et Part n. communitate Carcassonce. Item, Guillelmus Grava, pro Procurator, appointed by ,, . 7. . the Consuls of Albi, ap- consulibus et communitate Albice, cum mandato procuratorio paring for the consuls ... ¦* and Community. sigillato cum sigillo pendenti consulum civitatis Albice: sed et alii vocati non venerunt: sed curia Archiepiscopi Nar- bonensis excusavit litteratorie ipsum Archiepiscopum, quod iter arripuerat eundi in Franciam&. Item, Abbas 8. Poncii Essoigns or excuses of defaulters. Thomeriarum excusavit se per suam btteram, approbans quidquid ordinaretur cum consilio aliorum praelatorum. Item, multi alii fuerunt vocati, quorum litterae prae manibus non habentur, de quibus venerunt infra scripti, videlicet Dominus Prior de Cassiano, et Dominus Br. de Podio Sorigario, et Johannes de Insula, et Consules de Pedenacio ; scilicet, G. de Aureliaco, et Petrus Bernardi. A quibus omnibus supradictis, Vicarius Biterris, locum tenens Domini Senescalli Carcassonce et Biterris, super praedicto deffenso faciendo, et de modo, et de forma, juxta regale statutum, consilium requisivit. Omnes autem praedicti qui venerant, prout superius sunt nominati, necnon et multi alii boni viri, Pitrelli, the Consuls of Carcassonne, on their own behalf and on behalf of their feUow-consuls and the community of Carcassonne. Also William Grava, on behalf of the consuls and community of Albi with the procuratorial mandate sealed with the hanging seal of the consuls of the town of Albi, but the others who were summoned did not come; but the court of the Archbishop of Narbonne sent excuses by letter for the Archbishop because he had started on a journey to France. The Abbot of St. Pons de Thomieres excused himself in a letter, stating his approval of any measure adopted with the counsel of the other prelates. There were many also of those who had been summoned whose letters did not come to hand but on whose behalf the men named below came, to wit the Lord Prior of Cassan, the Lord Br. de Puyserguier, John de L'Isle and the Consuls of Pizenas, to wit, 67. de Aurillac and Peter Bernardi. The Vicar at Biziers, lieutenant of the Lord Seneschal of Carcassonne and Biziers, asked the counsel of all those mentioned above on the matter of imposing the prohibition before-mentioned and of its method and form according to the King's statute. Moreover all the above-mentioned men who came and whose names are a A curious expression, as showing that, in common language, the Langue d'oc was not considered as France. 844 Proofs and Illustrations Part ii. videlicet Dominus Raymbaudus de Salve MUes Judex Domini Senescalli, Magister Bartholomceus de Podio, Domini Regis Francioe clericus, Judex Carcassonce, Magister Simon Judex Biterrensis, Dominus P. de Figiu, Miles de Biterris, Guicardus Ermengaudi, R. de Montefetosio, G. Aynardi, G. Petri juris- ^owbitjon1" ""^ the Peritus, et multi alii boni viri, cum aliis supra nominatis, in palatio Biterrensi Domini regis congregati, consuluerunt praedicto tenent i locum senescalli Carcassonce et Biterris, quod faciat generale deffensum, ne afiquis extrahat bladum de senescallia Carcassone^ et Biterris, per mare vel per aham aquam, vel per terram, hinc ad futurum festum nativitatis Beati Johannis Baptistae sub poena commissi ipsius bladi; praeterquam ad civitatem Aconensem. — [Various regulations follow.] (Vaissete, III. p. 603.) given above and many other good men as weU, to wit the Lord Raimbaud de Sauve, Knight, Judge of the Lord Seneschal, Master Bartholomew de Puy, clerk of the Lord King of France, Judge of Carcassonne, Master Simon, Judge of Beziers, Lord P. de Figeac, Knight of Beziers, Guiscard Ermengaud, R. de Montefetosio, G. Aynard, G. Petri the lawyer, and many other good men, together with the others named above, assembled in the palace of the Lord King at Beziers, did counsel the aforesaid lieutenant, of the Seneschal of Carcassonne and Biziers that he should make a general prohibition that no one should export corn from out the Seneschalsy of Carcassonne and Beziers, by sea or by any other water or by land, henceforward untU the coming festival of the Nativity of St. John Baptist, under the penalty of having his corn confiscated ; furthermore to the town of Aeon. (Vaissete, III. p. 603.)] DIVISION OF FRANCE INTO NATIONS. France possessed by dis- The want of unity in what we term the "Kingdom of p.n47o"at10 " France," is emphatically shown by a remarkable passage in the. Epistles of Ivo of Cbartres. (Ep. 104. Bouquet, XV. p. 144.) By the advice of this learned and influential Prolate, Louis le Cros was crowned at Orleans (1108). The Clergy of Rheims expostulated loudly against such an invasion of their rights. Ivo replied by a circular letter or Proofs and Illustrations 845 declaration, in which he attempts to show that the con- Part n. secration at Orleans was valid according to custom, reason and law. — One of his arguments is the following. ' ' Praeterea, " quae ratio est Belgicorum, Regem suum creare et con- " secrare, quamvis in aliis provinciis regnaturus sit, si ita " ipsorum Regum voluntas, et temporum atque locorum " opportunitas se obtulerit : eadem est Celticorum et Aqui- " tanorum, qui Belgicorum provinciae nihil debent, Regem " suum, quamvis et in Belgica, regnaturus sit, eligere, et "omne regi debitum obsequium exhibere" [Furthermore just as the Belgians claim to create and consecrate their own King even though he may occupy the throne in other pro vinces, if such be the wish of the Kings themselves and opportunity of time and place presents itself, even so the Bretons and Aquitanians who are under no obligation to the province of Belgium claim to elect their own King, even though he will occupy the throne in Belgium, and to show to the King aU bounden duty]. — The nations were separate : but if any one took the lead, the others were bound to foUow. DOMESDAY SURVEYS. The regularitv of the course adopted, when this record Domesday surveys, the o J r results of the verdicts of was compUed, is verv remarkable ; and affords a satisfactory jurors (Parti.,P. 222), and r ' J j also of other witnesses. proof that the business of the government was weU conducted, and with much less rudeness than is usuaUy supposed. The Commissioners were furnished with interrogatories, upon which they examined the Jurors of the Shire and Hundred, and also such other witnesses as they thought expedient al. a Hic subscribitur inquisicio terrarum quomodo barones regis inquirunt, videlicet per sacramentum vicecomitis scire et omnium baronum et eorum Francigenarum et tocius centuriatus — presbiteri prepositi, vr. viUani uniuscujusque viUe; deinde quomodo vocatur mansio, quis tenuit eam tempore Regis Edwardi, quis modo tenet, quot hide, quot carruce in dominio, quot hominum, quot viUani, quot cotarn, quot servi, quot hben homines, quot sochemanni, quantum sfive, quantum prati, quot pascuorum, quot molendina, quot piscine, quantum est additum vel ablatum, quantum valebat totum simul, et quantum modo ; 846 Proofs and Illustrations Part ii. Fragments of the original inquisitions have been pro portions of the original served. Those relating to the lands and demesnes of the Inquisitions yet extant. inquisitio Eiiensis. church of Ely, in the counties of Cambridge, Huntingdon, ^felltrulVincVan- Essex, Norfolk, and Suffolk, and also to the possessions of ti-bnnjscn,. xj^ iaj^v m tne county of Cambridge, exist in one and the same manuscript11, an_d disclose the plan which was pursued. The ( 'ommissioners appear to have taken the account regularly through all the Hundreds and Townships, adding the particulars of live stock, as required by the circular instructions. Of these inquests it is probable that various transcripts were made : the Ely and Cambridge inquisitions are such ; and the substance of the returns for Dorset, Somerset, Devon and CornwaU, and a part of WUts, are Exon Domesday. included in the volume usuaUy entitled the Exon Domesday*. quantum quisque liber homo vel sochemannus habuit vel habet. Hoc totum tripliciter, scUicet tempore Regis A^duardi, et quando Rex Willelmus dedit; et quafiter modo sit, et si plus potest haberi quam habeatur. Isti homines juraverunt. (Then follow the names.) (Inquisitio Eiiensis, p. 497.) [Hereunder is written the manner in which the king's barons make an inquisition of the lands, to wit by the oath of the sheriff of the shire and all the barons and their French-born men and of the whole Hundred — the priest, the reeve, six villeins from each vill. — Next the name of the manor; who held it in the time of King Edward; who now holds it; how many hides and teams there are in demesne; how many tenants, villeins, cottars, bondmen, freemen, sokemen there are; how much woodland, meadow land, pasture land there is ; how many mUls and fisheries there are; how much has been added or taken away; what was the total value at that time and what now ; how much each freeman or sokeman held or holds there ? All this is to be given in triplicate, to wit in the time of King Edward; when King William gave the land; and the condition in which it is and if more can be had than is being had? These men have taken the oath. (Then foUow the names.) (The Inquisition of Ely, p. 497.)] a Bib. Cott. Tiberius A vi. The manuscript appears to be of the reign of Henry II. ; the first portion consists of the In- (juiaitio Eiiensis, extending, as above mentioned, into five counties. lt is followed by the inedited Inquisitio de Terris, &cl b It is preserved amongst the archives of the Cathedral of Exeter. Proofs and Illustrations 847 The lands are here generally classed under the name of each Part n. tenant in capite, though not with entire regidarity: the particulars of stock are added as before. Domesday a itself consists of the returns, methodized Exchequer Domesday. according to a consistent, and, with the exception after VoK£on ot the noticed, a uniform plan. The Survey is comprised in two volumes ; and the colophon at the end of the second enables a There are two ancient etymologies of this name: "Hic liber ab indigenis Domesdei nuncupatur, id est, Dies Judicii, per "metaphoram; sicut enim districti et terribfiis examinis Ulius "novissimi sententia nulla tergiversationis arte valet eludi; sic, "cum orta fuerit in regno contentio de his rebus quae illiG anno- "tantur, cum ventum fuerit ad Librum, sententia ejus infatuari "non potest, vel impune declinari. Ob hoc nos eundem Librum " Judiciarium nomina vimus." (Dialogus de Scaccario, p. 398.) [This book is called by the English Domesday, that is the Day of Judgment, by metaphor; for just as no sentence can be eluded by crafty subterfuge in that last close and terrible examination, so when any contention shaU arise in the kingdom over those facts which are therein noted down, and recourse is had to the Book, its sentence cannot be made vain or disputed with impunity. Therefore we have caUed it the Book of Judg ments. (Dialogue concerning the Exchequer, p. 398.)] Stowe, on the contrary, quoting an ancient monastic chronicle, supposes that Domesday derived its name from the place in which it was deposited. "The Booke of Bermondsey saith, this "Book was laid up in the King's Treasurie (which was in the "Church of Winchester or Westminster), in a place called Domus "Dei, or God's house; and so the name of the booke, therefore "caUed Domus Dei, and since, shortly, Domesday." The latter derivation appears the most plausible. Some moderns have deduced "Domesday" from "Domboc"; but the Survey is never known by the latter name. Domesdai, whatever may have been its origin, soon became the denomination for any register of authority. A survey of the manors belonging to the Deanery of St. Paul's, taken in 1181, is entitled "Domesday Petri de Diceto." In the Cathedral of York there was a Domesday Register. A volume in the office of the Town-clerk of Norwich, containing entries of charters and customs, is entitled Domesday ; and there is a simUar volume at Ipswich. The Domesday of Chester, being a record more nearly approximating to the real Domesday, was preserved amongst the archives of the Earldom. 848 Proofs and Illustrations Part ii. us to ascertain the period when the transcripts were con cluded0'. The descriptions are arranged in the foUowing order. A notice of the special customs of the Shire and the description of the principal cities or burghs; "Terra regis," or the King's land, follows ; and then the lands of the other possessors, duly classed and numbered. The substance of i\w information given by the inquisitions is retained, though somewhat in an abridged form ; but aU the particulars of the live stock are omitted, except in the counties of Norfolk, Suffolk and Essex, contained in the second volume. It was obviously unnecessary to insert these particulars in a pciinanent record, and it is not easy to understand why tbey were retained in the last-mentioned countiesb. These volumes have always been preserved with great care. According to the usage of the Exchequer, no person is aUowed to touch the writing; and if the finger chances to stray upon the text, it is immediately warned off into the margin, by the vigUant keepers of the Record. Dom™datamscr'pts °f Various transcripts and abridgments were made for the convenience of the King's officers. One abridgment of this description appears to have been engrossed upon a roUc; and it is, perhaps, from the use of this transcript that the name of the "Roll of Winton" was inaccurately given to the a Anno mUlesimo octogesimo sexto ab incarnatione Domini, vigesimo vero Regni Willielmi, facta est ista descriptio non solum per hos tres comitatus sed etiam per alios. [In the year 1086 after our Lord's Licarnation, in the 20th year of the reign of King William, this survey was made not only throughout these three comities but also throughout others.] b The second volume is of a smaUer size than the first, and it is not improbable that this difference indicates two stages in the "redaction" of the materials, namely, that a first abridgment was made, including the stock : and then, a second abridgment, in which the particulars were omitted, which second abridgment was completed for the counties in the larger volume, but left unfin ished as to the remainder; so that, according to this supposition, the lirst or larger volume is an abridgment of a set, of which the second or smaller volume is the only one which remains. « I'il). Cott. Vitcllius, C viii, f. 13. The fragment contains the survey of Kent. It consists of fourteen membranes or skins: the writing is only upon one side of the vellum. Proofs and Illustrations 849 Book of Domesday. There are three other copies, book Part n. copies, in the repositories of the Court of Exchequer; and it is possible that some one of these transcripts is aUuded to, by the ancient, though not very early, authorities, which clearly testify the existence of two copies of Domesday, each considered as legal evidence a. Ingulphus, or rather the compUer to whom we owe the rifacimento which has so long passed current as the pro duction of the venerable Abbot, speaks with great com placency, when he recounts the favour shown to his Monas tery by the Domesday Commissioners. In order that the possessions of the Abbey might be protected against en croachments, they enlarged the site of the township, to double its real sizeb. The description, however, to which Ingulphus refers, does not occur in any part of the volume : and the whole passage relating to Domesday is one of the many which tend to impugn the authenticity of the Croyland history. But Domesday was really not considered as satisfactory Flambard's Domesday. to the fiscal greediness of the Anglo-Norman treasury, at the instigation of Fiam- Ralph Flambard, of evil fame, recommended himself to the correcting the errors of „-_. ... t-. i» 7 7 • • the Exchequer Domesday. patronage and favour of Wdliam Rufus, by advising a new and more correct survey0. AU the hides of arable land were Lands remeasured. a Thus, according to Rudbourne. Eodem tempore f actus est magnus liber; qui habitus est in Thesauro Westmonasterii et alius in Thesauro Ecclesiae Cathedrafis Wintonice vocatus Domys- day. (Anglia Sacra, I. 257.) [At that time the great book was made, which was kept in the Treasury of Westminster and another in the Treasury of the Cathedral Church at Winchester, caUed Domesday.] In the history of the foundation of Burton Abbey, land is more than once described, ut habetur in libro de Domusdaei apud Wintoniam et W estmonasterium (Mon. III. p. 47) [as it is written in the Book of Domesday at Winchester and Westminster]. b Ingulphus, p. 83. 0 Hic juvenem fraudulentis stimulationibus inquietavit Re gem, incitans ut totius Angliae reviseret descriptionem, Anglicaaque teUuris comprobans iteraret partitionem, subditisque recideret, tam advenis quam indigenis, quicquid inveniretur ultra certam dimensionem. Annuente Rege, omnes carrucatas, quas Angli hidas vocant, funiculo mensus est, et descripsit; postpositisque mensuris, quas liberales Angli jussu Edvardi Regis largiter dis- 77 777T «** 850 Proofs and Illustrations Part n. remeasured "by the line"; and the result of the opera tion, which curtaUed each man's possessions exceedingly, gave a proportionate increase to the revenues of the Crown. i*ouacltedmtoUveaiuenand In t,ic simPler stages of society, land was admeasured luPeEi ertent.than "9 more by quality tban by extent. The Fanegada of Spain was as much land as could be sown with a Fanega of wheat; and the same quantity of grain would spread more widely in a stony and arid glebe than in a more kindly soU. A Frankish Mansus was the aUotment sufficient to maintain a family. The fields capable of being tUled by one plough in the course of one year, constituted the Carrucate or Plough-land. This mode of calculation, though rude, was equitable. It defined the value of the donation better than an enumeration of superficial acres. The term of measure ment designated the capability and worth of the land which it comprised. In various parts of England, therefore, the carrucate differed exceedingly in quantity. The same denomination was applied to sixty, eighty, an hundred, an hundred and twelve, an hundred and twenty, and an tribuerant, imminuit, et regales fiscos accumulans, colonis arva retruncavit. Ruris itaque olim diutius nacti diminutione, et insoliti vectigafis gravi exaggeratione, suppfices Regiae fidelitati plebes indecenter oppressit, ablatis rebus attenuavit, et in nimiam egestatem de ingenti copia redegit. — Ord. Vital. 678. [He disturbed the mind of the young King by fraudulent suggestions, inciting him to revise the survey of the whole of England, and advising him to make a new division of the English land, and to cut off from his subjects, both foreign and native, whatever land was found to be beyond a certain dimension. With the assent of the King, he measured all the carrucages which the Enghsh called hides, by the hue, and thus surveyed them, and abolishing' the measures which the generous English had, by order of King Edward, bountifully distributed, he lessened them and while swelling the royal purse, cut off from the farmers their land. Thus by diminishing the extent of the land which had been long hi their possession, and by heavily increasing a tax to which they were unaccustomed, he shamefully oppressed the people, who looked to the King for protection ; by robbing them of their goods, he reduced them to great straits and from a condition of great abundance he brought them to dire poverty. (Ordericus Vitalis, 678.)] Proofs and Illustrations 851 hundred and fifty acres a. And the harshness of the con- Part n. duct of William Rufus seems to have consisted in his causing the new survey to be made, throughout aU England, by the smaUest geometrical standard, without any respect to the quality of the land. The Domesday Commissioners received the verdicts of the Jurors, who stated the quantity of the land by estimation. The agents of Rufus took the measuring tape in their hands, and, in plotting out the carrucates, gave no more in superficial extent to the poorest than to the richest soU. A general survey, made under such auspices, and intended Fragments of a survey , 1X7 7J2-- x- t\ 7 . -j contained in a Lieger- to supply the deficiencies ot Domesday, must excite our book or Register of the 7 . . . . Monastery of Evesham. curiosity ; and there is reason to suppose that a specimen Probability of its being p7-n77)7r7 77 7 -7 77 77« Flambard' 3 Domesday. of .b lam bard s Record has been accidentaUy preserved by its insertion in an ancient Lieger Book of Evesham Monastery6. The fragment in question relates to the County of Gloucester. Differing whoUy in arrangement from the Exchequer Domes day, it recognizes the same principle, by referring to the Confessor's reign as the period of legal prescription. The particulars are frequently much more ample than those in the Exchequer Domesday. The mention made of Samson, Bishop of Worcester, fixes the era of its compUation between 1097 and 1112. But the greater part of the tenants enumerated in the Exchequer Domesday were yet living: and, comparing these circumstances with the account of Flambard's proceedings, there wdl be Httle doubt, but that the Evesham fragment is a portion of the survey which he caused to be madec. Possibly other fragments may be a The principal passages relating to the ancient measurements of land have been industriously and judiciously collected and explained by Sir Henry Ellis (Domesday Introduction, p. 46). b Bib. Cott. Vespasian B xxiv. The fragment extends from f. 53 to f. 60. The very multifarious contents of this manuscript are not described in the Museum Catalogue, and hence, probably, the fragment has hitherto escaped notice. c The comparison of the foUowing extracts from the two documents, wUl best explain the relation which they bear to each other : — Exchequer Domesday. Tempore Regis Edwardi reddebat Civitas de Glowecestre xxxvi. libras numeratas et xii. sextaria meUis ad mensuram ejusdem 54—2 852 Proofs and Illustrations Part ii lurking among the misceUaneous matter contained in ancient ecclesiastical registers: for, as yet, comparatively burgi et xxxvi. dicras ferri et c. virgas ferreas ductUes ad clavos navium regis et quasdam afias minutas consuetudines in aula et in camera regis. Modo reddit ipsa civitas regi lx. libras de xx. in ora. Et de moncta vero habet ilex xx. libras. In dominica terra regis tenet Rogerius de Berchelai unam domum et unam piscariam in ipsa viUa et est extra manum regis. Hanc Balduinus tenuit tempore Regis Edwardi. Osbernus Episcopus tenet terram et mansiones quas Edmarus tenuit ; reddunt x. solidos cum alia consuetudine. Gaufridus de Mannevile tenet vi. mansiones. Has tempore Regis Edwardi reddebant vi. solidos et viu. denarios cum aha consuetudine. Willielmus Baderon, ii. mansiones de xxx. denariis. Willielmus Scriba, i. mansionem tenet de li. denariis. Rogerius de Lad, i. mansionem de xxvi. denariis. Osbernus Episcopus, i. mansionem de xii. den. Bernerus unam mansion, de xiiii. denariis. Willielmus Calvus, i. mansionem de xii. denariis. Durandus Vicecomes, ii. mansiones de xiiii denariis. Isdem Durandus tenet i. mansionem de xxvi. denariis; et adhuc unam mansionem quae nuUam consuetudinem reddit. Hadeuuinius tenet i. mansam qua? dat gablum sed aham con suetudinem retinet. Gosbertus i. mansionem, Dunning i. mansionem, Widardus i. mansam. Arnulfus Presbiter, i mansam quae reddit gablum et aliam consuetudinem retinet. Omnes ista> mansiones reddebant regalem consuetudinem tem pore Regis Edwardi. Modo Rex Willielmus nichU inde habet, nee Robertus minister ejus. Istas mansiones fuerunt in nrina Regis Edwardi die qua fuit vivus et mortuus : modo vero sunt ablatre de firma et consuetudine Regis. Tempore Regis Edwardi erat dominium Regis in civitate totum hospitatum vel vestitum. Quando Comes Willielmus ad firmam recepit, similiter vesti tum fuit. Sedecim domus erant ubi sedet castellum quas modo desunt, et in burgo civitatis sunt wastata? xiiii. domus. Burgum do W incelcumbe reddebat tempore Regis Edwardi vi. libras tie firma. De his habebat Heraldus Comes tercium den. Proofs and Illustrations 853 few of these volumes have been searched and examined with Part ii. the attention which they deserve. id est xl. solidos. Postea reddebat xx. libras cum toto Hundredo ejusdem villae. Durandus Vicecomes apposuit c. solidos, et Bogerus de Ivrei lx. solidos, modo adjunctis iii. hund. reddit xxviii. hbras de xx'1. in ora. — Glowecestrescire, p. 162. [Exchequer Domesday. In the time of King Edward the town of Gloucester rendered 36 pounds by tale and 12 sesters of honey by the measure of the same borough and 36 dickers1 of iron and 100 rods of wrought iron for naUs for the king's ships and certain other services in the haU and chamber of the king. Now the town itself renders the king 60 pounds of 20 pence to the ounce. And from the mint the King has 20 pounds. In the king's demesne Roger de Berkeley holds one house and one fishery in the vill itself and is not dependent on the king. Baldwin held this in the time of King Edward. Bishop Osbern holds land and tenements which Eadmer held; they render 10 shillings with other service. Geoffrey de Mandeville holds 6 tenements. These in the time of King Edward used to render 6 shillings and 8 pence with other service. William Baderon, 2 tenements of 30 pence. William the Scribe holds 1 tenement of 51 pence. Roger de Lacy, 1 tenement of 26 pence. Bishop Osbern, 1 tenement of 41 pence. Berner 1 tenement of 14 pence. William the Bald, 1 tenement of 12 pence. Durand the Sheriff, 2 tenements of 14 pence. The same Durand holds 1 tenement of 26 pence, and stUl another which renders no service. Hadwin holds 1 manse which pays rent, but withholds other service. Gosbert 1 tenement, Dunning 1 tenement, Widard 1 manse. The Priest Arnulf, 1 manse which renders rent and with holds other service. All those tenements used to render service to the king in the time of King Edward. Now King William has nothing from them, nor Robert his minister. These tenements were subject to firm to King Edward on the day that he was alive and dead ; now they are withdrawn from the firm and customary service of the King. In the time 854 Proofs and Illustrations Part n. The great cities of London and Winchester are not in- surv"s of tjlrci't Vt c^U(ied in the Exchequer Domesday. Henry I. wished to Winchester, in the reign ascertain what "Landgable," or rents, were due to him in of King Edward the King's demesne in the town was fully provided with food, lodging and clothing. When Earl William received it subject to firm, it was like wise provided with clothing. Where the castle stands there were sixteen houses which exist no longer, and in the town itself there are 14 houses in ruins. The Borough of Winchcombe used to render, in the time of King Edward, 6 pounds as firm. Of these Earl Harold had the third penny, that is 40 shillings. Afterwards, in conjunction with the entire Hundred of the same vfil, it used to render 20 pounds. The Sheriff Durand added 100 shillings and Roger d'lvri 60 shUlings ; now, with the addition of the 3 hundreds, it renders 28 pounds of 20 pence to the ounce. (Gloucester shire, p. 162.)] Evesham Domesday. Tempore Regis Eadwardi erant in civitate Gloecestrim ccc. burgenses in dominio reddentes xviu. fi. et x. sol. de gablo per annum. Ex his sunt centum, tribus minus, residentes in propria heredi tate, et centum, tribus minus, manentes in emptis mansionibus, Francigense et Anglici, qua? valent x. fi. per annum, et has tenuerunt per duodecim annos, hoc est, sexties xx. h. Ex* infra casteUum manserunt de his trecentis, viginti quatuor. Et quatuor viginti et ii. mansiones sunt wasta?. Archiepiscopus Ebor' habet in eadem civitate Ix. burgenses. Episcopus Samson, vi. Abbas ejusdem civitatis hi. Et exceptis hiis, Stanborc i. mansionem habet, Derherst xxxvi. Abbas Evesham' nij. Abbas Persore i. Comes Hugo Cestrim xiii. Robertus filius Hamonis xxii. Hugo de Laceio xxviii. Bertonae Regis pertinent xxiii. Berchelai ini. Walt, de Gloecestria xv. Hugo Asinus ii. Walterus fihus Ricardi ii. Radulphus Bloiet vi. Horseleia i. Wulmarus i. Ascclinus dc Tateberia v. W. de Saio i. Willielmus filius Badder' xvii. Hamelinusdc Badeluni. Henricus Comes i. W '.de Manna- villa vi. Patricius de Cahorc' vi. Gislebertus de Cenomannia i. Et super omnes istos habet Rex saccani et soccam. Et x. Ecolosia> sunt, in socha Regis propria. Tempore Rogeri Vicecomitis reddebant de firma xxxviii. li. et * Probably a mistake for Et. Proofs and Illustrations 855 the last-mentioned capital, such as the citizens were accus- Part n. tomed to render in the days of King Edward. For this purpose a Jury was impannelled, consisting of eighty-six iiii. sol. Modo reddunt xlvi. li. et Walterus Vicecomes habuit lxiiij. sol. de rogatu et Praepositus xl. Civitas vero pejorata est de Ix. fi.— (f. 53.) In Wincelcumbe Burgo. In dominio R. E. erant Ix. Burgenses reddentes xii. sol. de gablo per annum. De his sunt Iii. in heredi tate sua manentes, et octo habent aln Burgenses quae valent per annum xxx sol., hoc est xxii. li. et x. sol. per xv. ann. Prater hoc Abbas habet in eo xl. Burgenses. Et Abbas Evesham ii. Episcopus Hereford * * Derherst u. Hugo Asinus i. Langaberga in. Robertus filius Haimonis v. Turstinus de CormeW ii. et unum molendinum. Heroldus x. et ii. molendina. Robertus de Belhismo iii. Walterus de Walerico et Hugo de Laceio i. Rober tus de Ferreriis fi. Hugo de Ham i. Ricardus de Solariis i. Radulphus de Salceto iii. Willielmus Ghiiz iii. Robertus de Lacei i. W. Froisselupum i. Et super omnes istos Rex habet suum geldum. Tempore Rogeri Vicecomitis redd. x. li. et modo xxi. li. num. et Vicecomes habuit de rogatu xii. sol. — (f. 55.) [Evesham Domesday. In the time of King Edward there were in the city of Gloucester 300 burgesses in the demesne rendering 18 pounds and 10 shUlings as rent each year. Of these there are 100, less three, living in their own inherited houses, and 100, less three, living in purchased tene ments, Frenchmen and Englishmen, and they are worth 10 pounds a year and they have held them for 12 years, which amounts to six times twenty pounds. And below the castle there dwelt 24 of these 300. And 82 tenements are in ruins. The Archbishop of York has in the same city 60 burgesses. Bishop Samson 6. The Abbot of the same city 52. And besides these, Stanborc has 1 tenement, Deerhurst 36, the Abbot of Evesham 4, the Abbot of Per shore 1, Earl Hugh of Chester 13, Robert fitz Hamon 22, Hugh de Lacy 28. 23 belong to Barton Regis. Berkeley 4. Walter of Gloucester 15. Hugh Asinus 2. Walter fitz Richard 2. Radulph Bloiet 6. Horsley 1. Wulmar 1. Asceline de Tutbury 5. W. de Sai 1. William fitz Baderon 17. Hamelin de Badelun 1. Earl Henry 1. W. de Mandeville 6. Patrick de Cahors 6. Gilbert du Mans 1. 856 Proofs and Illustrations Part ii. of the best Burgesses of Winchester, who made their peram bulation in the presence of William Giffard a, the Bishop of the See, and other Royal Commissioners'3. And over all these the King has sac and soe. And 10 Churches are in the King's own soe. In the time of Sheriff Roger they used to render as firm 38 pounds and 4 shUlings. Now they render 46 pounds, and Sheriff Walter had 64 shillings by requisition and the Bailiff 40. The city has therefore deteriorated by 60 pounds, (f. 53.) In the Borough of Winchcombe. In the demesne of King Edward there were 60 burgesses rendering 41 shillings of rent each year. Of these there are 52 dwelling in their inherited houses' and other burgesses have 8 which are worth per annum 30 shillings, that is 22 pounds and 10 shillings in 15 years. Besides this the Abbot has in it 40 burgesses. And the Abbot of Evesham 2. The Bishop of Hereford** Deerhurst 2. Hugh Asinus 1. Langaberga 3. Robert fitz Hamon 5. Turstin de Cormeilles 2 and one mill. Herold 10 and 2 mills. Robert de Belesme 3. Walter de Waldric and Hugh de Lacy 1. Robert de Ferrers 2. Hugh de Ham 1. Richard de Solar Us 1. Ralph de Salceto 3. William Guiz 3. Robert de Lacy 1. If Froisse- lupum 1. And over aU these the King has his geld. In the time of Sheriff Roger they rendered 10 pounds and now 21 pounds by tale and the Sheriff has by requisition 12 shillings, (p. 55.)] a Consecrated 1107— died 1128. b Henricus Rex volens scire quid Rex Edwardus habuit omnibus modis Wintoniee in suo dominico, Burgensium suorum sacramento hoc comprobari jussit. Volebat enim Ulud inde penitus habere. Sed Rex Edwardus suo tempore inde habuit: hoc igitur sacramentum factum fuit de quat. viginti et vi. Burgen- sibus melioribus Wintonio?, pra?sente Willielmo Episcopo et Herberto Camerario et Radulpho Basset et Goisfrido Ridel, et Willielmo de Pontearchar: hoc autem Burgenses, peracto sacra mento, a porta orientali ceperunt inquirere ethergingis. — Liber Winton., p. 531. [King Henry wishing to know all that King Edward had in every way in his demesne at Winchester, ordered this to be ascertained on the oath of his Burgesses. For he wished to obtain this to the uttermost from them. But King Edward in his time had thence; this oath therefore was taken by 86 of the best Burgesses of Winchester, in the presence of WiUiam Proofs and Illustrations 857 The returns thus obtained, and which constitute the Part n. "Liber Winton.," throw great light upon the occupancy of an Anglo-Saxon city, though they do not afford any in formation respecting its government. In the same MS. we find another survey of the city, taken in 1148, furnishing curious means of comparison with the earlier survey, but less ample in its detaUs. The pattern set by Domesday was partiaUy foUowed by Hugh Pudsey, Bishop of Durham, who, in 1183, caused a minute and accurate survey to be made of the rents and customs due from his demesnes in St. Cuthbert's franchise. "Boldon Book," as the record is called, does not include the B°l 7 Extent of North Wales the "Extent of North Walesb," the most recent of these «6 Ed. m. the Bishop, Herbert the Chamberlain, Ralph Basset, Goisfrid Ridel, and William de Pont de VArche ; moreover the Burgesses, after taking the oath, began their inquisition by perambulation from the eastern gate. (Book of Winchester, p. 531.)] a In the Shaftesbury Register or Lieger-Book. Bib. Harl. 61. b Bib. Harl. 626. This volume, composed of records relating to the Principality, appears, from a memorandum prefixed, to have been anciently preserved amongst the muniments of the 858 Proofs and Illustrations Part ii. surveys, but the one which approaches most closely to the original prototype. The Earl of Arundel being Justice of North Wales (26 Ed. III.), the extent was taken by the oaths of all the tenants of every Commot, as weU free as bond, and afterwards examined by twelve Freemen of each Commot, impannelled as a Jury. The inquisitions of the Jury form the "Extent." Every Township or "Tref" is entered as a distinct bead. The tenures, rents, and services are described by their British names : and, with the exception of the substitution of pecuniary commutations for certain personal liabilities, the legal claims of the Black Prince were bounded by the prerogatives of the last native Sovereign of Aberfraw. CONSERVANCY OF THE PEACE. rrinrelab^cto0parl.ament, '^HE Keepers of the Peace under Simon de Montfort's simonCTdVMon5ort"stepar^ commission were to be appointed "donee per nos et barones liament— 1264. " nostros de statu Regni nostri afiter fuerit ordinatum" [untU such time as other order regarding the state of our Kingdom be taken by us and our barons]. The future regulations for the conservancy of the Peace, — a wide term when employed by a revolutionary government, — would be included amongst the affairs for which the Knights of the Court of Wards. The original inquisitions, which were deposited in the Exchequer at Caernarvon, have been long since lost; and the present volume is said (Cvmnirodorion Transactions, I. 337) to have been transcribed, with some others of the same nature, by Sir William Griffith, of Penrhvn. who was Chamberlam of North Wales in the reign of Elizabeth. The edition of Domesday, published pursuant to the address of the House of Lords, is well known. The valuable introductory Dissertation by Sir Henry Ellis, compUed by authority of the Record Commission, appeared, together with the Indices of Places, and Tenants in Capite, in lSKi. At the same time were published the "Additaraenta," containing the Exon Domesday, the In quisitio Eiiensis, the Liber Winton., and Boldon Book. The other Surveys are yet ineditcd ; but a translation of so much of the "Extent, of North Wales" as refers to the County of Anglesea, is published in the Transactions of the Cymmrodorion (I. p. 336). Proofs and Illustrations 859 Shire would be returned. "Et quia instanti Parliamento Part n. " nostro de negotiis nostris et regni nostri cum Praelatis, "Magnatibus et aliis Fidefibus nostris tractare necessari6 " nos oportebit : Vobis mandamus quatinus quatuor de " legafioribus et discretioribus militibus dicti comitatus, per " assensum ejusdem Comitatus ad hoc electos, ad nos pro " toto comitatu Ulo mittatis : ita quod sint ad nos London " in octabis instantis festi Sanctae Trinitatis ad ultimum, " nobiscum tractaturi de negotiis praedictis. Vos autem in " hfis omnibus exequendis tam fideliter et diligenter vos " habeatis, ne per negligentiam vestri ad vos et vestra " graviter capere debeamus." (Fcedera, Vol. I. p. 442.) [And because in our approaching Parliament we must of necessity deliberate upon our business and that of our Kingdom together with the Prelates, Magnates and others of our faithful subjects, we do hereby command you to elect for this purpose four of the most legal and discreet Knights of the aforesaid county, with the assent of that county, and send them to us on behalf of that county, so that they be with us in London within the octave of the approaching festival of the Holy Trinity at the latest, there to deliberate with us on the aforesaid business. Moreover take ye heed that ye do conduct yourselves in the execution of aU these duties with such fidelity and dUigence that we may not through your negligence have to deal severely with you and your property. (Treaties, Vol. I. p. 442.)] The foUowing are the names of the Conservators : — *Adam de Novo-Mercato (Lincoln.) Robertus de Stradely (Notts.) ?Ricardus de Tany (Essex & Hertford.) Ricardus de Vernon (Derby.) 'Johannes de Eyvill (York.) *Johannes filius Johannis (Bucks.) WxlxieLmus de Bovill (Suffolk) Walterus de Beauchamp de Chalvestem (Bedf.) ?Johannes de Burgo (Norfolk) Gilbertus de Ellesfeud (Oxon.) ?Egidius de Argentein (Cambridge.) Robertus filius Nigelli (Berks.) *Henricus Engaine (Hunt.) * Johannes de Plessetis (Northumh.) ?Willielmus le Marescall (Norihampt.) "Thomas de Muleton (Cumb.) Godefridus de Escudemor ( Wilts. ) * Johannes de Moreville ( Westmorl. ) ?Johan. de Sancto Walerico (Southampt.) Brianus de Gowiz (Somers.) Wixliehnus de Tracy (Gloucester.) *01iverus de Dynant (Devon.) ?Badulphus Basset de Sapecote (Leicester.) *Radulphus Basset de Drayton (Salop and Staff.) ?Thomas de Estleys (Warwick.) Of these, all marked thus (*), or their representatives, were summoned amongst the Baronage ; and the others are members of ancient baronial families. 860 Proofs and Illustrations Part II. In the Parliaments of the 18th Ed. I., and subsequent years, a connexion between the representation of the Shire and the conservancy of the Peace is plainly apparent, as will appear from the abstract subjoined*. CONSERVATORS, 15 EDW. I. Bedford Johannes de Paboham. Thomas dc Norwod. Berks Adam do Brinton. Johannes Banastr' Gerardus de Insula. Bartholomeus de Erlye. Bucks Robertus Barre. Reginaldus de Bello Campo, Johannes Noirnuit. Cambridge Alanus le Fraunceys. Henricus de Lacy. Cornwall Johannes de Alet. Reginaldus de BovilT. Johannes Treiagu. Cumberland Thomas de Newton. Hubertus de Mnlton. Walterus de Mulcastr'. Derby Egidius de MenilL Thomas Tuchet. WiUielmus de MeniU. Devonshire WiUielmus de Alba Marl'. Regin'. de Ferrariis. Henricus de Ralegh. Dorsetshire Petrus de Bosco. Ricardus de Havering. KNIGHTS OF THE SHIRE. Johannes de Pabenham. (Bedford — 25, 33 Ed. L) Adam de Brumton. (Berks— 28 Ed. I.) Bartholomeus de Erie. (Berks— 25 Ed. I.) Reginaldus de BeUo Campo. (Bucks — 18 Ed. I.) Johannes Neirnuit. (Bucks — 33 Ed. I.) Alanus le Fraunceys. (Cambridge — 18 Ed. I.) Henricus de Lacy. (Cambridge — 18 Ed. I.) Reginaldus de BoviU'. (Cornwall— 24, 25, 26, 29, 34 Ed. I.) Johannes Treiagu. (CornwaU— 35 Ed. L) Hubertus de Mutton. (Cumberland— 18 & 24 Ed. I.) Walterus de Mulcastr'. (Cumberland — 18 Ed. I.) Egidius deMeyniU,MeynhiU. (.Der&jr— 23, 34Ed. I.) Reginaldus de Ferrers. (Devon — 28 Ed. I.) Henricus de Ralegh. (Devon— 25, 29 Ed. I.) Petrus de Bosco. (Dorset— 18 Ed. I.) Ricardus de Havering. (Dorset — 18, 34 Ed. I.) Gloucester shire Hertford Ilvrtliittjd-on Lancashire Radulphus dc Wylington. Johannes de Acton. Robertus de Meysy. WiUielmus Ate. Johannes filius Simonis. Radulphus de RasteU. Johannes de Drayton. Robertus do Havorington. Johannes Byron. Robertus do Holand. Johannes de Acton. (Heref.— 28, 29 Ed. I. Glouc— 29 Ed. I.) WiUielmus de Aete. (Hertford— 18 Ed. I.) Johannes fihus Simonis. (Hertford— 18, 24 Ed. I.) Johannes de Drayton. (Huntingdon — 18 Ed. I.) Robertus do Ha veryngtone. (Cumberland— -24 E. I.) a Seo Parliamentary Writs, Vol. I., Alphabetical Digest. Proofs and Illustrations 861 CONSERVATORS, 15 EDW. I. Lincolnshire Radus de Sancto Laudo. Johannes Gobaud. Robertus de Horbling. Thomas de Burgham. Ranulphus de Rye. Johannes Dyne. Middlesex WiUielmus de Brok. Rogerus de Bacheford. KNIGHTS OF THE SHIRE. Part II. Norfolk Fulco Baynard. WiUielmus de Gynney. Thomas de Begevill. Sorthumber- i land WiUielmus Herun. Michael de Rye. Nottingham Ricardus de Bingham. Walterus Tuke. Gerardus de Hedon. Oxfordshire Johannes de Gift. Henricus de BruiUy. Ricardus de WiUiamescote. Alanus filius Roaldi. Johannes Dyne. (Lincoln — 18 Ed. I.) WiUielmus de Brok. (Middlesex— 24, 30 Ed. I.) Fulco Baynard. (Norfolk— 25 Ed. I.) WiUielmus Heyron. (Northumberland — 18 Ed. I.) Ricardus de Bingham. (Nottingham — 26 Ed. I.) Rutland Theobaldus de Nevill. WiUielmus Murdak. Johannes fUius Aeri. WiUielmus de Hodenet. WiUielmus de Staff'. Johannes Giffard. WiUielmus de Mere. Johannes de Abemoun. WiUielmus Amesas. WiUielmus de Echingham Hamo Boueyt. Westmorland WiUielmus de Stirkeland. Robertus le Engleys. Shropshire Stafford Surrey Henricus de BruyU. (Oxford— 25, 26 Ed. I.) Ricardus de WyUamescot. (Oxford — 18 Ed. I.) Theobaldus de Nevill. (Rutland— 33 Ed. I.) WiUielmus Murdak. (Northampton — 24, 25 Ed. I. ) Johannes fihus Aeri. (Salop — 18 Ed. I.) WiUielmus de Hodenet. (Salop— 18 Ed. I.) Willielmus de Staff '. (Stafford— 18, 26, 34 Ed. I. ) WiUielmus de Mere. (Stafford— 18, 34 Ed. I.) Johannes de Abernoun. (Surrey — 25, 26 Ed. I.) WiUielmus Ambesaz. (Surrey— 18, 24, 25 Ed. I.) WiUielmus de Etchingham. (Sussex — 33 Ed. I.) Hamo Bovet. (Sussex— 22 Ed. I.) Willielmus de Stirkeland. (Westmorland — 18 Ed. I.) Robertus le Engleys. (Westmorland — 24 Ed. I.) I quite admit that, after the House of Commons, in its present shape, became a permanent branch of the High Court of Parliament, the connexion which continued (and still continues) between the two functions of Parliamentary Knights and Conservators, was merely a connexion of station. It then only implied that the Keepers of the Peace were the most influential persons in their Shires: 862 Proofs and Illustrations Part ii. and, as such, chosen for Parliamentary Representatives. All that I have proposed to prove is, that it was partly by means of their duties as Conservators of the Peace, that the Knights of the Shire were first conducted into Parliament. The powers of conservancy are not, according to my theory, to be considered as the sole cause of Parfiamentary repre sentation, but as one of the elements which have entered into its composition. EDITOR'S NOTES Abbreviations. BCS, Birch, W. de Gray, Cartularium Saxonicum, 3 vols. London, 1885-1893. HSC, Haddan, A. W. and Stubbs, W. Councils and Ecclesiastical Documents, 3 vols. Oxford, 1869-1873. KCD, Kemble, J. M. Codex Diplomaticus Aevi Saxonici, 6 vols. 1839-1848. LGA, Liebermann, F. Die Gesetze der Angelsachsen, 3 vols. HaUe, 1903-1912. PB, Plummer, C. VenerabUis Baedae Opera Historica, 2 vols. Oxford, 1896. PSC, Plummer, C. Two of the Saxon Chronicles Parallel, 2 vols. Oxford, 1892-1899. A note of the form KCD, no. ii, BCS, no. 4, HSC, vol. in, p. 54,, without further ¦comment, means that the document in the text will be found printed in the books specified. p. 2. 1. From Robert of Gloucester's Chronicle, ed. Hearne (1810), p. 369; ed. Wright (Rolls Series), vol. n, p. 547. — 2. Geld and Scot. The former is land-tax paid to the king, the latter a customary local tax. p. 3. 1. Marmoustier. Marmoutier, Maius-Monasterium, the Benedictine Abbey of S. Martin of Tours, said to have been founded in the sixth century. p. 4. 1. Eugenius, the Third (Bernard of Pisa). Pope, 1145-1153. p. 5. 1. Alexander III (Roland Bandinelli). Pope, 1159-1181. p. 7. 1. de Vere. See Round, J. H. Geoffrey de Mandeville, p. 393 note. p. 9. 1. For the Latin original of this version, see pp. 110-119. — 2. half a mark. The mark was only money of account : at first a denomina tion of weight, equal to eight ounces; when after the Conquest twenty silver pennies went to the ounce, the value of the mark was fixed at one hundred and sixty pence. The shilling was also money of account ; » coin of that name was first issued in the reign of Henry VII: before the Conquest it was equal to four pennies in Mercia (see p. 128), five in Wessex (tables in LGA, vol. n, p. 441), after the Conquest to twelve pence. The pound of silver was twelve ounces, two hundred and forty sUver pennies. The word groat is used on p. 27 S. to translate quatuor denarii; it is somewhat of an anachronism in the middle of the twelfth century. — 3. the Queen's seal. The king went to France in August, leaving the queen with viceregal powers. [Eyton, R. W. Itinerary of King Henry II, p. 40.] p. 1 0. 1. shillings. See above, note 2 to p. 9. p. 16. 1. Pope. Eugenius III. See above, note to p. 4. p. 1 7. 1. pounds of silver. See above, note 2 to p. 9. — 2. Auvilar. AuviUar, dipt. Tarn-et-Garonne, arrondissement de Moissac, situated on the Garonne. . p. 1 8 1 Jordan Fantosme's poem, Chronique de la Guerre entre les Anglois et les icossois en 1173 et 1174, was edited by Francisque Michel for the Surtees Society in 1840, and by Richard Howlett in Chronicles of the reign of Stephen (Rolls Series). p. 27. 1. groat. See above, note 2 to p. 9. . p. 30. 1. The Latin text of this and the three foUowing pieces is from the Chronicon Monasterii de Bello, which was printed in full by J. fa. Brewer tor the Anglia Christiana Society in 1846. The translations are altered from the Chronicle of Battel Abbey from 1066 to 1176, by M. A. Lower, London, 1851. p. 92. 1. In Chronicon de Bello, pp. -65-67. Dungemarsh is on the , ooas id Kent, inland from Dungeness. It was given by the Conqueror to Battle along with Wye, of which it is said in the text to be a member, that is, an outlying p? 96. 1. Bernehorn. The manor of Barnehorne near BexhiU, Sussex. — 2. In Chronicon de Bello, pp. 105-110. [863] 864 Editor's Notes p. 98. 1. Writ of Bight. The proceedings under this writ are described in Britton, ed. Nichols, F. M. vol. n, pp. 326-338. p. 107. 1. In Chronicon de Bello, pp. 164-166. p. 1 1 0. 1. For translation of this document see pp. 9-29. It is contained in a roll at the Record Offioe, Ancient MisceUanea of the Treasury of the Receipt, No. ',' !{ . Anstey's account of his law-suit has been used as the basis of an historical novel in Court Life under the Ptanlagenets by Hubert HaU. In this book wiU be found a note on the Anstey genealogy (pp. 209-212) and much other iUustrative matter. p. 121. 1. On the relation of the Latin and French texts, their sources, the dating of the manuKoripts and of their originals see Liebermann, F. Ueber die Leis Willelme in Archiv f. d. Studium der neu. Sprachen, vol cvi, pp. 113-138. He deoides that the archetype was a private compUation in French, made in Mercia between 1090 and 1 135. The texts here given are printed, with a third in French copied by the Croyland forger of the fourteenth century and a translation of the French of the Holkham MS. in LGA, voL i, pp. 492-520. The Latin text is here normaUzed in spoUing. p. 1 23. 1. ores. The ore here is twenty pence, but its value varied in other parts of England. — 2. succeeds in the case, translating Liebermann's emendation, qui in causa oplinet : eam has arisen out of the contraction ca for causa. — 3. twelve-handed, that is, himself and eleven others. p. 124. 1. guardian of the stocks, that is, the jaUer, as in the French version; fourpence or the culprit's best garment was his fee when he acted as executioner. For grave-digger the French version has spade. p. 1 25. 1. Both texts of this article are corrupt. The French appears to mean, If anyone takes a thief without hue and cry and (regular) pursuit, so that he, to whom the thief has done wrong, suffers loss thereby, and the injured person comes after that, it is right that the irregular thief-taker should pay ten shillings as hengwite, and that the thief be brought to justice at the next sitting of the court. And if the complainant fails to do so without the permission of the judge, he forfeits forty shillings, ¦ — 2. quatre. For iiii read i (un), as in the paraUel text of Pseudo-Ingulf. p. 1 28. 1. A line has been omitted in the manuscript. Supply from the French, eight pence, or, when on the head or other place where it is covered, for the inch always. p. 1 29. 1. ancus. L. reads alicuius, meaning the nati of the thumb or of any larger finger. p. 1 30. 1. tamen. tantum MS. p. 131. 1. previously, reading with L. aliquando for alius. — 2. bordars. These were viUeins with smaU holdings, in Middlesex from five acres to half a virgate. [See Maitland, F. W. Domesday Book and Beyond, pp. 38-^1.] p. 1 33. 1. This article, not in the Holkham MS., is supphed from MS. Harley and the Pseudo-Ingulf as printed in Fell. — 2. camis : chamis. Explained by L., the former as from camus of the Vulgate, the latter as from x''Mos- (• >w«) of the Septuagint. On the other hand the French chevestre, Latin capislrum, is a halter. — 3. chascur. MS. chacur. p. 135. 1. cum. Tho MS. has et. The correction is due to L., who also reads seit for sit in the next lino. — 2. The French version has preserved the original meaning, that is, For after proof by oath has been adjudged him by the court, it cannot thereafter, by the law of England, be ohallonged. p. 137. .1. The Latin translator has misunderstood the original, which is bettor represented by tho French, meaning, if he (the person charged) is able to prove by two credible men, boing oar and eye-witnesses of the suit, that he did not say it, ho has re-established his pleading. In the Latin text ad appears superfluous. p. 138.1. From the 29th Sept. to the 1 1th Nov., when cattle were being driven along the roads to bo slaughtered for the winter provision. In the Latin text ny Editor's Notes 865 is an error for i. The Frenoh text is probably correct — one watchman for every ten hides — as it is also in what foUows — the Superintendent, even though he possess thirty hides has not to find any watchman at aU, in consideration of his own labour of inspection. p. 1 3 9 . 1. de fauce-naivirie is the author's conjectural emendation of a corrupt text. He probably understood it as meaning, naifs. . .ought not to seek certificates falsifying their servile status. For a discussion of the difficult passage see LGA, vol I, p. 512. p. 140. 1. The Latin text shows misunderstanding of the original. The French means, if the lord of the manor does not compel the labourers belonging to another to return to the land of the latter, the judges shaU do so. p. 142. 1. E...viescez, and if you trouble me on that head. Better mescreez, as read by L., and if you refuse me credence. p. 143. 1. laslite. Better lahslit, a Scandinavian word of the Danelaw, the fine for breach of the law. It corresponded to EngUsh wite, but it varied with the rank of the offender and possibly with that of the injured person. — 2. alia. Corrected by L. into alia. p. 146. 1. videant is due to a misunderstanding of the translator's original; west in the French text is from vocher, Latin advocare, not from voire. The sense required is, let him vouch the property, producing warranters, three in series, and a fourth to finish the business. — 2. This enactment appears to mean that the possessor of lost or stolen property (cattle mostly) must not be aUowed to assert his lawful ownership of it on oath, if the pursuer has already produced witnesses to testify of their own knowledge that it is the property of the pursuer. Such evidence is final and conclusive, and cannot be rebutted by any statement of the possessor. But testimony to the identity of cattle cannot extend to those stolen more than six months before, because they alter too much. p. 152. 1. Laws of xEthelberht, LGA, vol. I, p. 4, no. 22. p. 153 1. Mon. L. reads hion\ne\ the outer lining of the brain, the "dura mater." See his glossary s.v. hion[ne]. — 2. LGA, vol. I, p. 78, no. 44. p. 155. 1. uulituam. In 0. Saxon and 0. Frisian wlitiwam, with same meaning as the O.E. word, a wound not covered by the hair or clothing, especially one in the face. — 2. heahre is not comparative, and therefore not parallel with Ihre's Suio- Gothic hogra-hand and the O.W.Scand. hsegri hond. p 156.1. L. adopts Grimm's suggestion of cearwund, a wound which puts a man to his bed, with paraUel in O.W.Scand. kor, sick-bed. In Bosworth-ToUer scearwund, incised wound, is suggested. Wilkins's emendation, wearr, means hard skin of hands or feet, caUosity. p. 158. 1. For a stiU more elaborate formula see Dasent, G. W. Burnt Njal, vol. I, p. clxviii. — 2. The Liber Horn, date 1311, was probably compiled by Horn. In its present state it is made up of two works, i. On the ancient laws of England, ii. On the Statutes of England with many Hberties and other matters touching the City. It is supposed that the Liber Custumarum was also coUected under his supervision. [See Riley, H. T. Liber Albus (RoUs Series), p. xvi; Liber Cus tumarum, part i, p. x.] p. 1 6 1 . 1. On the sacred temple-ring see PSC, vol. n, p. 90. p 1 62. 1. LGA. vol. i, p. 673. p. 166. 1. Reissue of the Charter in 1225. p. 168. 1. exacted. That is, required by proclamation at five successive sessions of the county court to present himself. [PoUock, F. and Maitland, F. W. The History of English Law, vol. il, p. 581.] p. 169. 1. Athelstane. Probably of Edgar; see LGA, vol. I, p. 192, where the Anglo-Saxon original wiU be found together with the Latin versions of the Con- siliatio Canuti, as printed in the former extract here, and of Quadnpartiius as given in the latter. The former version means, This is the regulation as to how the assembly of the hundred should be kept. In the first place then that it be assembled regularly every four weeks and that every man should do right to p.vn. 56 866 Editor's Notes every other.... We have pronounced also as regards stray cattle, that no one is to retain it without the cognisance of the president of the hundred or tithing and that the keeper of it be right trustworthy. The clause in the second version beginning "Si necesse... manibus," Ut. if need is on hand, that is, pressing, is explained by the A.S. rubric, " Dset men faran on ryd aefter •Seofan," That mon ride after thieves. In hominibus hundredi the translator has mistaken hundredes-mon for a dative plural : it is singular and means, to the president of the hundred court. p. 1 70. 1. LGA, vol. i, p. 170. I>. 1 74. 1. LGA, vol. I, p. fj 18. The correct reading is x vel xx vel xxx: in the Holkham MS. x V xx V xxx where /' is a contraction for vel. See also Lieber- innnn, F. Ccmsilialio Canuti, pp. xii, xiii. p. 177. 1. Kither Abingdon or Bensington in Oxfordshire. p. 178. 1. KCD, no. mcclxxxix. p. 1 83. 1. The poem is in Royal MS. 15 C 7, British Museum. p. 185. 1. LGA, vol. I, p. :i2(i; Cnut's Secular Law, 19. p. 186. 1. Printed in Cockayne, O. Leechdoms, Wortcunning and Starcraft in Early England, vol. m, p. 286, from two Cotton MSS. Also in LGA, voL I, p. 400, from the Textus Roffensis and MS. C.C.C. Cambridge 383. The reading j>e myntan in the fourth line mentioned in the footnote means, as in the last line, and never intend for thee, never purpose giving thee: rum in the tenth line is cultivated land as opposed to waste : lee\es in the eighteenth line is district Liebermann regards the piece as a legal formula, the opening of a defence to an action for the recoverv of land, whUe Cockavne places it among Charms. p. 187. 1. LGA, vol. i, p. 456. p. 188. 1. MaskelL W. The Ancient Liturgy of the Church of England, 2nd ed., p. civ. p. 189.1. See Liebermann, F. Veber die Leges Edwardi Confessoris, pp. 47-51 : Elton, C. I. Origins of English History, p. 326. p. 193. 1. war-wolf. Rather were- wolf or werwolf, man- wolf. See Sir Frederick Madden's note reprinted at p. xxv of William of Palerne, ed. W. W. Skeat. p. 209. 1. Morant has in the first line ayed (= aj>ed), by lene (with footnote "Lean signifies tribute"), in the thirty-sixth and thirty-seventh, Yother ( = )x>l>er) mind him on Yender midtyyn feren: ender, meaning else, although otherwise unrecorded, may be a genuine form. p. 220- 1. The date of the Assize of Clarendon is 1166. It is printed in Stubbs, W. Select Charters, pp. 137-143 from another manuscript. p. 22 1 . 1. The Assize of Northampton is printed in Select Charters, pp. 143-145. p. 231. 1. The oldest, copy of Fitz-AUwyne's Assize is printed in De Antiquis Legibus IAber, ed. Stapleton, Camden Society, 1S46, pp. 206-211: another copy wiU be found in Liber Albus, ed. RUey, pp. 319-332, others in Liber Custumarum and Liber Horn. p. 245. 1. Chronicon Monasterii de Abingdon, ed. Stevenson (Rolls Series), vol. n, pp. 227-229. — 2. Chronicon (as above), vol. n, p. 221. The jurors found that he had a right to three hundred pigs. p. 25 1.1. de rationabilibus divisis. "A Writ that hes where two Lords have the Seignuries joining together, for him that finds his Waste encroached upon within the Memory of Man, against the Encroacher, thereby to rectify the Bounds of their Seigneuries," Blount, -4 Law-Dictionary, s.v. Divisa is Law Latin for partilio. p. 278. 1. Registrum Epistolarum Fratris Johannis Peckham, Archiepiscopi Cantuariensis, ed. Martin (RoUs Series), vol. m, pp. 776-778. p. 292. 1. gentle Collins. Arthur Collins (1690 ?-l 760), author of The English Ba onage, 4to, London, 1 727, The Peerage of England, 1709, and other genealogical works. p. 293. 1. stelcrint. Possibly the poet had in mind, "Nee sum adeo informie; nuper me in Utoro vidi, Cum plaoidum ventis staret mare," Virgil, Eel. n, 25, 26. 2. Anax. Edgar sucoeeded as sole king in 959, but he was not crowned till Whitsunday, May 11th, 973, at Bath. Bathun comes from the O.E. name let ISHatum Baum. Editor's Notes 867 p. 293. 3. Bradifonus. The Septuagint has la>vos ko\ PpaSiyXaocros, Exod. iv, 10; the writer has invented a new combination. For the Feast of Weeks see Exod. xxxiv, 22. p. 295. 1. It is doubtful whether this seal is that of S. Eadgyth of WUton. [Archseologia, vol. xvm, p. 40.] p. 299. 1. KCD, no. ii, BCS, no. 4, HSC, vol. in, p. 54. The document is hardly authentic. p. 300. 1. KCD, no. iii, BCS, no. 5, HSC, vol. m, p. 55. "A glaring forgery," Kemble, J. M. Saxons in England, vol. n, p. 114 note. p. 301. 1. KCD, no. lxxxiii, BCS, no. 157. The date is 723-737: Wootton- Wawen is in Warwickshire. For "minster right " see Maitland, F. W. Domesday Book and Beyond, p. 229. p. 302. 1. KCD, no. lxxx, BCS, no. 154. Husmere is in Worcestershire. p. 304. 1. KCD, no. clxxix, BCS, no. 303. The identification of Brom Gehwge is due to T. Kerslake. p. 305. 1. fsestingrnen. Officers going on the king's business who were quartered on the monasteries. [See Kemble, J. M. Saxons in England, vol. I, pp. 296, 297, vol. n, p. 61.] — 2. See Maitland, F. W. Domesday Book and Beyond, p. 292, for a discussion of this difficult passage. — 3. KCD, no. ccxiv, BCS, no. 366. Chronicon Monasterii de Abingdon, ed. Stevenson, vol. I, pp. 25-27. p. 307. 1. KCD, no. ccxxiii, BCS, no. 395. Thorpe, B. Diplomatarium, p. 66. The correct date is 828, the sixth indiction. — 2. KCD, no. ccliv, BCS, no. 439. p. 308. 1. KCD, no. oclxiv, BCS, no. 460. p. 309. 1. KCD, no. ccciv, BCS, no. 537. — 2. sicli. The siclus was the fourth part of a Roman ounce and was probably equivalent to six sUver pennies. p. 3 1 1 . 1. KCD, no. cccxxxviii, BCS, no. 606. Wrington is in Somersetshire. p. 312. 1. KCD, no. ccccxcv, BCS, no. 1088. Uptun is Upton on the Severn, Worcestershire. — 2. KCD, no. dclxxx. p. 3 1 3. 1. KCD, no. dcxvn. p. 314. 1. KCD, no. dcxlvi. Bishop's Stoke is Stoke Orchard, Gloucester shire. p. 3 1 5. 1. Bryhtnoth is the hero of the battle of Maldon, 991. xElflsed's wiU is printed in KCD, no. dolxxxv, BCS, no. 1289, Thorpe, Diplomatarium, p. 522, Earle, J. Land Charters, p. 364. She was sister of xEthelflaed, second queen of Edmund the Magnificent. In xElthed's wiU Lallinges is Lallinge, possibly Lalling in Essex. Earle identifies Illelege with Monks Eleigh in Suffolk; Hathlege is pro bably Hadleigh in Suffolk. p. 3 1 8. 1. KCD, no. dcciii. p. 319. 1. Principem, &c. "Rectorem te posuerunt? noU extoUi," Ecclus. xxxii, 1. p. 322. 1. KCD, no. dccxix. Thorpe, p. 299 (in part). — 2. nor lose... it. The A.S. original has "ne forspecan, ne forspiUan ut of Sam halgan mynstre," which means, nor by his words in any action at law defeat the lawful claim of the minster. It is iUustrated by the enactment in Leges Henrici (LGA, vol. I, p. 582), "Nemo enim potest de feodo domini sui placitare sine eo, nee cogi debet rectum eius forspekan nee forspiUan," No tenant may go to law about his holding without the concurrence of his superior lord, nor ought he to be forced to speak so as to defeat the lawful claim of his lord to the land. p. 323. 1. KCD, no. mecexxvii. Thorpe, pp. 325, 326 with Latm version from a Stowe manuscript. The author's version agrees rather with the Latm than the A.S. version. Thorpe dates the charter 1032. — 2. KCD, no. dcoxlv. Thorpe, pp. 329, 330. p. 324. 1. KCD, no. dcclxiv. a.d. 1042. p. 3 2 5 . 1. S. Berlinde de Merbeck, Virgin, of Belgium ; died about 702. p. 3 2 6. 1. The article referred to is Investitura per Gultrum vel Cuttellum. 55—2 868 Editor's Notes p. 327. 1. Cf. the Genealogical Tables I- VII, and the Introductory Note to the Tables, in volume v of this series, The History of the Anglo-Saxons. p. 328. 1. The Monumenta Historica Britannica, vol. I, edited by Henry Petrie assisted by the Rev. John Sharpe, appeared in 1848. It gives the principal chronicles down to the Norman Conquest. No more was published in this large foUo form. p. 330. 1. genealogies. In the Parker MS. of the A.S. Chronicle, printed in PSC, vol. I, p. 4 : see also vol. n, p. 5 note. — 2. See below (p. 869), reference in note to p. 446. The true reading is Dunsetan. p. 3 3 1 . 1. The date in the A.S. Chronicle is 495. — 2. Cf. Genealogical Table I, Wessex (voL v). p. 334. 1. Meanwara Meego, the district of the Mean-dweUers, in the A.S. version of Bode translates "Meanuarorum provinciam" in Beda, bk iv, ch. 13, on which see Plummer's note. p. 335. 1. Ine's chronology is unsettled. According to the A.S. Chronicle he succeeded in 688, and resigned in 726, 727 or 728. [See Plummer's note on Beda, bk v, ch. 7.] p. 336. 1. KCD, no. lxxiii, BGS, no. 142. a.d. 725. p. 337. 1. The capture of Somerton in Somersetshire by the King of Mercia belongs to the year 733. — 2. Tbe A.S. Chronicle says sixteen years, which would place his death in 766. [See PSC, vol. n, p. 44 note and Gen. Table II (vol. v).] p. 340. 1. KCD, no. xciii, BCS, no. 169. p. 34 1. 1. KCD, no. cxv, BGS, no. 200. p. 342. 1. A.S. Chronicle, anno 755. p. 343. 1. KCD, no. clxxi, BCS, no. 278. — 2. The true date is 802. [See PSC, vol n, pp. 66, 67.] p. 35 1 . 1. The true date is 839. p. 354. 1. pertinax. In fuller phrase he has already been described as "in multis aliis perversitatibus pertinax." p. 358. 1. royal diadem. Stemmate regali might mean, of the kingly race. p. 364. 1. This identification of Edgar in the document with King Edward the Elder is very doubtful. The Gwentian Brut places the incident under 958 and names Owen, King of Deheubarth, as the aggressor, and not Howel the Good. See HSC, vol. I, p. 285. p. 365. 1. of Myrcum means, by the Mercians. For the questions connected with the date of the accession and coronation of Athelstan, see PSC, vol. n, pp. 1 32, 133. p. 368. 1. Emmet. In the A.S. Chronicle set Eamotum. Emmet in Yorkshire or Dacre on the Eamont, Cumberland. p. 372. 1. Leowton is identified by Kemble as Lewton in WUtshire; the document is a grant to the thegn Wulfgar of land at Ham in that county. But Birch has Luton. p. 374. 1. KCD, no. cccliii, BCS, no. 677. p. 375. 1. KCD, no. ccclxv, BCS. no. 704. p. 376. 1. Johannes. John the Eleventh, Pope, 931-936. — 2. KCD, no. ccclxvii: dated 935 by the indiction. The names of some of the bishops appended do not agree with either date. p. 378. 1. See on the date of Edmund's accession, PSC, vol. n, p. 142. p. 384. 1. On the question of Bridferth's authorship, see Memorials of Saint Dunstan, ed. Stubbs (Rolls Series), pp. xviii-xxvi. The editor rejects the ascrip tion. p. 385. 1. KCD, no. coecxi, BCS, no. 815. Among the witnesses 7 Coll may stand for Andool; Imorccr is possibly for 7 Moroer. p. 386. 1. KCD, no. ceccxxvi. BCS. no. 882. The oopy in the Monasticon is faulty. p. 388. 1. KCD, no. ceecli. p. 391. 1. KCT>, no. dxiv (vol. vi, p. 237: vol. 11, p. 404), BCS, no. 1135 December 28th. 964. p. 393. 1. KCD, no. dlxiii, BCS, no. 1266. Suspect. Editor's Notes 869 p. 396. 1. KCD, no. dlxvii, BCS, no. 1277. p. 400. 1. KCD, no. dxix, BCS, no. 1185. June 3rd, 966. p. 409. 1. LGA, vol. l, p. 210 top. — 2. LGA, vol. I, p. 214. p. 415. 1. Olney. "Insula quae Olanege appeUatur," Florenoe of Worcester, ed. Petrie, in Mon. Hist. Brit. p. 593 a. " The Eigth in Severn (near Deerhurst), Gloucestershire," Petrie. See PSC, vol. n, p. 199. p. 4 1 6. 1. Cotton MS. Tiberius B iv. p. 4 1 8. 1. See on this Annal PSC, vol. n, pp. 208-210. p. 426. 1. ornatura is a translation of " \>a. bone" of the A.S. Chronicle. One writer desoribes it as a great mass of gold. See PSC, vol. n, p. 251. p. 428- 1. Sarhoed. Saraad, insult or wounding and the compensation due for it. Mechdeyrnged, tribute paid by an underchieftain to his superior. p. 429 1. In Le Prevost's edition, vol n, p. 118. — 2. Not by Stigand, but by Ealdred of York. p. 432. 1. The butsecarls were a standing force of seamen corresponding to the huscarls. [See PSC, vol. n, pp. 239, 240.] p. 433. 1. Beorcham. For Beorhhampstead, that is, Berkhamstead, Herts, or possibly Berstead near Maidstone. [PSC, vol. n, p. 10.] p. 435. 1. In Le Prevost's edition, vol. n, pp. 154-156. p. 438. 1. Wihtgara byrig. Carisbrook. — 2. This passage in Huntingdon is under date 514. p. 440. 1. He is to be identified with .Styelweard (Ethelwerd) the chronicler. p. 44 1. I. Mt Stane. Stoneham. "Eota land" occurs in the A.S. version of Bede. [See Map II (vol. v).] p. 442. 1. Florence of Worcester dates Swegen's flight in 1051, but the A.S. Chronicle E places it under 1048. p. 443. 1. Thornsseta. For Dornsaeta, Dorset. p. 445. 1. Printed in Sancti Aldhelmi Opera, ed. GUes, p. 83. p. 446. 1. LGA, vol. I, p. 374. p. 450. 1. Saessenaeg habail. This British place-name appears in the manu scripts of Nennius in many forms : the best reading appears to be Saihenegabail. One editor suggests Syddyn y ceubal, the station of the ferry-boat. p. 45 1. 1. The charter is printed in KCD, no. xxxvii, and BCS, no. 86, but Ruym is not in either of them: it would appear to have been added by the compUer of the Chronologia here cited from Twysden under the name of W. Thorn. p. 45 7. 1. Uihtred. The reading in Henry of Huntingdon is Nithred by mistake for Uihtred: see the note in Mon. Hist. Brit. p. 723. p. 458. 1. For the PrivUege granted to the churches and monasteries of Kent by Wihtred at BapchUd, see HSC, vol. m, p. 238. p. 459. 1. See on this passage of Bede PB, vol. n, p. 338. — 2. KCD, no. ex, BCS, no. 193. p. 460. 1. KCD, no. cxiv, BCS, no. 194. — 2. HSC, vol. m, p. 400. — 3. KCD, no. xevi, BCS, no. 175. — 4. KCD, no. exxxii, BCS, no. 227. p. 46 1. L KCD, no. cxi. BCS, no. 195. — 2. KCD, no. rnxiii, BGS, no. 243. Twysden, Decem Scnptores, col. 2211. — 3. KCD, no. cxiv, BCS, no. 194. A confirmation of the second charter of Sigered above, p. 460, 1. p. 463. 1. BCS, no. 328. p. 46 6. 1. KCD, no. eclxxvi, BCS, no. 486. The nature of this grant is dis cussed in Kemble, J. M. The Saxons in England, vol. n, pp. 480-487. His con clusion is, "He [xESelwulf] determined to Uberate from aU those various exactions and services which went by the general name of witer&den, the tenth part of the estates which, though hereditary tenure had grown up in them, were still subject to the ancient burthens of fololand, whether they were in the hands of laics or clergy." p. 467. 1. KCD, no. ccxcv, BCS, no. 518. — 2. KCD, no. cexciv, BCS, no. 516. 870 Editor's Notes p. 4 6 8 . 1 . KCD, no. clxxv, BCS, no. 289. The date is subsequent to and about 798. — 2. On xEthelmasr (, no. mix, BCS, no. 206. — :t. KCD, no. mx, BCS, no. 211. p. 475. 1. K( -\), no. mxii, BCS, no. 237. — 2. KCD, no. mxv, mxvi, BCS, no. 261, 262. p. 476. 1. KCD, no. dcccclxxxvii, BCS, no. 34. p. 47 7. 1. KCD, no. dcccclxxxvi, BCS, no. 33. — 2. KCD, no. dcccclxxxviii, BCS, no. 39. p. 478. 1. The proper names are very corrupt. The list in Sweet, H. The Oldest English Texts, p. 179, is "aescwine offing, offa bedcing, bedca (sigefugling), sigefugl swaepping, swaeppa antsecging, ants(ecg) gesecging, gesecg seaxneting." p. 479. 1. Penda. See Gen. Table III, Mercia, and Introductory Note to the Tables (vol. v). p. 48 1. I. KCD, no. dcccclxxxiv (vol. v, p. 3 note), BCS, no. 22 a. p. 482. 1. Patruelis, descended from a father's brother, a cousin. See Gen. Table III, Mercia (vol. v), in which Cenred (Coenred) appears as the son of Etheired's brother. p. 483. 1. HSC, vol. m, p. 340. p. 484. 1. KCD, no. cii, BCS, no. 183. "Ego Offa, nondum regno Mercionum a domino accepto, puer indoUs in provincia Huicciorum constitutus." p. 485. 1. Hestingorum is perhaps for Hesdingorum. Gaimar (L'Estorie des Engles, 1. 1596) mentions Hestdene as a division of South Humbria, apparently in or near Lincolnshire. p. 486. 1. KCD, no. clii, BCS, no. 253. — 2. Offa died July 29th, 796 ; in the same year as Adrian the First, as it began then at Christmas. p. 488. 1. So the A.S. Chronicle, but the correct date is S21. The next three dates are aU two years too early. — 2. Pedessessor. This word remains unexplained ; Kemble, The Saxons in England, vol. n, p. 117, suggests king's messenger: more probable is assessor, the king's legal adviser. — 3. KCD, no. cxcvi, BCS, no. 335. p. 489. 1. KCD, no. cxcviii, BCS, no. 339. p. 490. 1. This entry rests on a false date in the A.S. Chronicle: it refers to the synod of 824. There was a meeting of the Witenagemot on Sept. 17th, 822, when Ceolwulf was consecrated. HSC, vol. m. p. 589, pp. 592-5. p. 49 1 . 1. HSC, vol. m, p. 592, KCD, no. ccxviii, BCS, no. 379. p. 492. 1. For the date of Beorhtwulf's accession see PSC, vol. n, p. 77. — 2. KCD, no. cclxi, BCS, no. 454. The true date, as shown by the in diction, is 848. p. 493. 1. KCD, no. ocxlv, BCS. no. 430. Thorpe, Diplomatarium, p. 90. p. 495. 1. Boethius, De Consolations Philosophiae, ed. Peiper, bk. I, oh. 6, 11. 46-48. Translated by H. R. James, "Master, bid the waves subside! | And earth's ways with consummation | Of Thy heaven's order guide." p. 502. 1. xEthelflwd of Morcia died in 918, according to the Mercian Register, in 922 aocording to the A.S. Chronicle. The correot date is probably 919. [See PSC, vol. n, p. 117.] — 2. This ontry is under 918 in Henry of Huntingdon. p. 503. 1. KCD, no. ecccix, BCS, no. 779. The date is 942-946. p. 506. 1. KCD, no. mlxvi, BCS, no. 652. The date is 884. p. 507. 1. KCD, no. oooxi, BCS, no. 547. Thorpe, Diplomatarium, p. 133. Editor's Notes 871 p. 507. 2. KCD, no. ccoxvi, BCS, no. 561. Thorpe, Diplomatarium, p. 135. — 3. KCD, no. cccxl, BCS, no. 607. The date, as shown by the indiction. is 904. p. 509- 1. An impossible date: the correct expression would be pridie Idus Junii, June 12th. p. 5 1 2. 1. From WiU. Malm. De Gestis Pontificum, ed. Hamilton (RoUs Series), p. te§ (Vita Aldhelmi). — 2. KCD, no. xxii, BCS, no. 58. WiU. Malm. De Gestis Pontificum, p. 350. — 3. KCD, no. xxvi, BCS, no. 65. WiU. Malm. De Gestis Pontificum, pp. 351, 352. The quotation below, "non quidem Rex," etc. is from Malmesbury, p. 351. p. 5 1 3. 1. KCD, no Ivi, BCS, no. 116. p. 5 1 4. 1. KCD, no. lvii, BCS, no. 117. — 2. KCD, no. cxviii, BCS, no. 204. — 3. KCD, no. exxviii, BCS, no. 205. p. 5 1 5. 1. KCD, no. cv, BCS, no. 187. — 2. KCD, no. cii, BCS, no. 183. p. 5 1 6. 1. KCD, no. xc, BCS, no. 165. p. 5 1 7. 1. KCD, no. cclxxix, BCS, no. 490. Better Ealhhun or Ealhwine. p. 520. 1. He signs as Hrani, Ranig dux; see Searle, W. G. Anglo-Saxon Bishops, Kings and Nobles, p. 438. See also for the Magessete BCS, vol. in, pp. 242, 243 note, and Map V (vol. v). p. 523. 1. KCD, no. ccccxciii, BCS, no. 1092. Hwede, A.S. gehiveede means smaU, slender. p. 524. 1. The relationships of the Countess Lucy as stated in the table are based on Ingulf and accepted by Dugdale. In point of chronology they present an insuperable difficulty. It is certain that there was a Countess Lucy who was successively the wife of Roger Fitz Gerald and Ranulf Meschin. Some genealo gists, as Doyle, Official Baronage of England, vol. i, p. 363, make her the daughter of Ivo TaiUebois and Lucy, daughter of Algar : another says that there was but one Lucy, wife of the three husbands and daughter of Thorold the Sheriff. In DNB under Randulf caUed Le Meschin, the question is thus summed up, "It can only be said that her parentage is not yet proved, but that she was a great heiress, who was certainly widow of Roger and probably of Ivo previously when Randulf married her" (J. H. R.). p. 535. 1. LGA, vol. i, p. 228. p. 537. 1. KCD, no. dcccix. The date is 1060. xElfwine among the witnesses (called Alwinus) was abbot of Ramsey from 1043 to 1079. The document is a confirmation of Edgar's foundation charter of Ramsey granted by Edward the Confessor. p. 540. 1, 2, 3. Anna, Alduulf, Alfwold. See Gen. Table IV, East AngUa, and footnotes (vol. v). p. 541. 1. Hunbeanna, possibly two names, Hun, Beonna (or Beanna). [See Gen. Table IV (vol. v).] p. 543. 1 Printed in xElfric's Lives of the Saints, ed. Skeat, vol. n, p. 314. p. 544. 1. LGA, vol. i, p. 126. p. 545. 1. According to WiUiam of Malmesbury, Guthrum- Athelstan was succeeded by Eric, and he by Guthrum the Second. [See PSC, vol. n, p. 124.] — 2. LGA, vol. i, p. 128. p. 5 5 5 . 1. East Saxons. With this account of the East Saxon kmgs compare Genealogical Table V (vol. v) and Prof. H. M. Chadwick, Studies on Anglo-Saxon Institutions, pp. 275-277. Table V is mainly constructed from a text of the close of the ninth century which was first published in Sweet's Oldest English Texts (1885). m p. 55 7. 1. Sigebert. See footnote to Gen. Table V (vol. v). The third son of Sebert (Saberht) may have been Sexbald (Seaxbald). — 2, 3. Sigebertus Parvus, Sigebertus Bonus. Table V (vol. v) represents Sigebertus Bonus as the son of Seward (Saweard), and suggests that Sigebertus Parvus who is not included in the Table, was the son or brother of Seaxa. One king only (Sigebertus Bonus) appears as reigning between the death of the sons of Sebert (c. 617) and the accession of Swithelm (c. 660). Prof, .M. M. Chadwick points out that the identification of Sigeberht, the father of Selred (see pp. 558-559), 872 Editor's Notes as Sigebertus Bonus would make the preceding generations very short and the foUowing ones very long since Swithelm the successor of Sigebertus Bonus died, not later than 664. Sigeberht, the father of Selred, must have Uved half-a-century later than Sigebertus Bonus. p. 558. 1. KCD, no. xxxv, BCS, no. 81. The date is 692 or 693. [See Gen. Table V (vol. v).] — 2. KCD, no. Ui, BCS, no. 111. p. 559. 1. Siric, a later speUing of Sigeric. p. 561. 1 . Cortina, hangings of any sort, altar curtains, bed curtains, etc., here probably tapestry for the walls of a room. p. 563. 1. The succession from Ida to Elhelfrith. Cf. Gen. Table Via and the footnotes (vol. v). This table is derived from some notes on the fly-leaf of the Moore MS. of Bede's Historia Ecclesiastica pubhshed in Sweet's Oldest English Texts, p. 148. According to these notes, which were written apparently in the year 737 (and substantially the same account is given by the Historia Brittonum and soveral other texts), the regnal years of these kings were as foUows: Ida, 12 years (547-559), Glappa, 1 year (559-560), Adda, 8 years (50I-56S), Aethelric, 4 years (508-572), Theodric, 7 years (572-579), Frithuwald, 6 vears (579-585/6), Hussa, 7 years" (585/6-592/3), Aethelfrith, 24 years (592/3-617). Adda, xEthelric and Theodric were sons of Ida. The genealogies of Glappa, Frithuwald and Hussa are unknown. — 2. Ella. The year 588 is given as the date of EUa's death by the Saxon Chronicle and some other texts. Bede, in his Chronicon, states that Ella was stiU reigning at the time of Augustine's mission (596 7). [See footnote to Table Via, Bernicia (vol. v).j p. 564. 1. Fritholgwald and Hussa. See above, note 1 to p. 563. - — 2. The statement is certainly an error ; JEdan was king of the Dal Riada. p. 569. 1. Lamnguin. Petrie translates "ensis candentis"? of the gleaming sword. Catscaul is cath-is-gwaul, the battle within the waU, PB, vol. n, p. 121; the English name in Bede is Hefenftllh, Heavenfield. p. 5 71. 1. farther... reach. Skene, W. F. Celtic Scotland, voL I, p. 260, trans lates, "not easily discovered." He dates this revolt of the Picts in 672. p. 584. 1. Holda is the "hold" of the A.S. Chronicle, a word introduced by the Danes into England, O.W.Scand. holdr, "a kind of higher yeoman, like the statesman of Westmorland, i.e. the owner of allodial land," Cleasby and Vigfusson, Icelandic Dictionary. The Historia de Sancto Cuthberto is not bv Simeon. p. 602. 1. KCD, no. dcclxiii. The date is 1042. p. 603. 1. Galmanho. An abbey in the suburbs of York near Bootham Bar. Soon after its foundation it appears to have been given to the abbot of S. Mary's, York. Dugdale, Monasticon, vol. m, p. 529, says it was S. Mary's, but in vol. VI, p. 1626, throws doubt on this statement. p. 608. 1. Robert of Commines was murdered on Jan. 28th, 1069. p. 611. 1. Cf. Gen. Table XXIV in volume m, History of Normandy and of England. p. 612. 1. Ulf's horn, whioh is stUl treasured in York Minster, is pictured in Drake, F. Eboracum, opposite page 48 1. p. 614. 1. For the extent of tho kingdom of Alclyde see Skene, vol. i, p. 235, and the map there facing p. 228. — 2. The Inquisition into tho lands belonging to the See of Glasgow, made by the Elders and Wise Men of Cumbria in 1120 or 1121 by command of David, Earl of Cumbria, is printed in HSC, vol. n, p. 17. p. 616. 1. Annals of the Caledonians, 1S28, vol. n, p. 153. "A Saxon name among Britons ! " p. 625. 1. HSC. vol. n, pp. 11. 23. 195. p. 629. 1. (lewivdc is the Forth. [See PSC, vol. n, p. 267.] It is oaUed Scote Watra, the Water of t lie Soots, in the quotation from Ordericus on p. 635. Editor's Notes 873 < p. 634. 1. Loidis, the Lo&ene of the A.S. Chronicle is the district now con sisting of the three counties of East, Mid and West Lothian, Skene, vol. i, p. 241. p. 638. 1. Facere rectitudinem means, to answer in law. [See the History of Normandy and of England, vol. iv, p. 714, note to p. 197.] p. 642. 1. Mthelic (Adelaide) was her first name, she assumed that of MatUda afterwards. p. 6 6 1 . 1. Cf. Gen Table XXV, volume m, History of Normandy and of England. — 2. Crinan was lay abbot of Dunkeld ; for his status see Skene, vol. i, pp. 390- 392, and for the genesis of the word abthane the edition of Fordun by Skene, vol. n, p. 413. p. 6 ©9. 1. For the Ordo Coronationis Mthelredi II. Regis, see Taylor, A. The Glory of Regality, pp. 395-405. p. 672. 1. The documents containing the name of Angemundus referendarius are aU highly suspect: see p. 867, note to p. 300. p. 674. 1. On Ingelric the Priest see Round, J. H. The Commune of London and other Studies, pp. 28-36. The churoh was S. Martin's le Grand, the date Whitsun tide, 1068. An EngUsh form of the oharter has been printed by Mr W. H. Steven son in the English Historical Review, vol. xi, pp. 740, 741. j p. 683. 1. Compare KCD, no. dccxv. p. 684. 1. SeeEUis, A. J. The only English Proclamation of Henry III. There is another copy of the Proclamation in the Bodleian Library, which was addressed to Oxfordshire. p. 693. 1. LGA, vol. i, pp. 140, 141. PoUock, Sir F. and Maitland, F. W. The History of English Law, vol. I, pp. 60-62. The English Historical Review, vol. vm, pp. 1-7. p. 69 7. 1. KCD, no. dviii, BCS, no. 1106. p. 699. 1. KCD, no. clxxxii, BCS, no. 307. p. 700. 1. healsfang is not a collar; it is a sum of money, one- tenth of the deceased man's wergUd, paid in Ueu of horse, harness and weapons. [See LGA, vol. i, pp. 358, 359.] — 2. A misinterpretation due to confusion of A.S. cwide and cy®5e. The words of Cnut's law " 7 gif he to ]>am cingce furoor cySSe haebbe," mean, and if he have more intimate relations with the king. p. 705. 1. KCD, no. cxxxix, BCS, no. 235. — 2. KCD, no. dxxxi, BCS, no. 1181. p. 7 09. 1. LGA, vol. 1, pp. 247, 255. The date is 1008-1011, the place prob- ably King's Enham, near Andover, Hampshire. The document is a paraphrase of the A.S. original. p. 7 1 0. 1. LGA, vol. 1, p. 365. p. 7 1 5. 1. Roman de Rou; ed. Andresen, U. 7843-7850. — 2. The manuscripts of the A.S. Chronicle vary here and none of them pre serves the original. [See PSC, vol. n, p. 185.] p. 722. 1. KCD, no. dcccxcviii. p. 724. 1. LGA, vol. 1, pp. 456, 457. p. 733. 1. HSC, vol. m, p. 579. . p. 734 1 HSC, vol. m, p. 601. The correct date, as the indjction shows, is 825., Leogeneshamme may be Lenham, Kent; in another copy the name is J ogneshomme. , . , , , . . ,, p. 738. 1. The Antrustion was a member of the lungs bodyguard in the Merovingian period ; he swore to the king not only fealty but also trustis, that is, he promised to be in his truste, his guard. He had a triple .wergild and other privileges. [See Lavisse, E. Histoire de France, tome n, p. 178.] P 742 1 Kiersi. Quierzy-sur-Oise. This ordinance was published when Charles le Chauve was about to depart for Italy in 877, as a guide to the regent, his son Louis, and a check on his administrative acts. The king wished to keep in his own hand appointments to such counties as should fall vacant during his absence; the arrangements made by Louis for their government were to be pro visional. The document, which has the appearance of an occasional expedient, does nevertheless describe the current usage. [See Lavisse, E. Htstotre de France, tome n, pp. 422, 423.] 874 Editor's Notes p. 744. 1. Jaffe, P. Monumenta Carolina, p. 440. p. 754. 1. Bonnier. A land measure of one hectare, forty ares, that is 3-395 English acres. p. 7 72. 1. According to MiiUenhoff, K. Deutsche Altertumskunde, Band rv, pp. 194, 195, these noble famiUes existing exceptionaUy beside the royal house, represent separate racial elements in the Bavarian people. p. 7 78. 1. LGA, vol. i, p. 396: from the Textus Roffensis, about 1120. — 2. sanctum. In simUar formulae, sanctificatum. [See LGA, vol I, p. 397.] p. 815. 1. Jaffe, Monumenta Carolina, p. 460, reads, "esse ubi iUis conloqua- mini. N videtur" for the MS. "esse ubi illis conloquium nam N videtur." p. 846. 1. For tho Inquisitio Eiiensis see Round, J. H. Feudal England, pp. 123-142. He conoludes that it is a special compilation, partly from the original returns of the Doomsday Commissioners and partly from the second volume of the completed record, with special reference to the possessions of the Abbey of Ely. The Inquisition of Cambridgeshire in the same manuscript is a compilation from the original returns. [See Round, J. H. Feudal England, pp. 1-5.] p. 853. 1. dicker. A bundle of ten, each of them sufficient to make two horse-shoos. * INDEX This index is intended to be used with the Table of Contents. The pages dealing with the principal matters in the volume can be quickly found by means of the index ; this will guide the reader to the Contents where an analysis of the subject will be seen grouped under the main heading. For example, in the index wUl be found the entry, Charters, Anglo-Saxon, 282-324 ; page 282 should be sought in the Contents where (pp. xvii-xx) a concise summary of the information to be gathered from this section has been printed. The names of the Anglo-Saxon states can be quickly found in the index, e.g. Hwiccas, rulers of, 512-518. By turning to the Contents (p. xxv) the names of these rulers wiU be found. The names of kings and earls, however, whose history enters into more than one part of the volume, are given in the index. The names of witnesses of charters have not been generally indexed. The persons mentioned have in most cases been indexed under their first names ; the exceptions to this rule are to be identified by means of cross-references. The figures in italics indicate that there is a note on the subject of the heading at the end of the volume. Abbots, 221, 720 m., 775, 800, 821 Aberfraw (Aberffraw), King of, 392, 428 Abemethy, homage of Malcolm Canmore at, 629-632 Abingdon market, rights of, 240-245 Abingdon monastery, 240-245, 304-305, 315, 866 Abotriti (Obadriti), the, 816, 817, 819 Acca, daughter of EUa of Deira, 564, 568 Acta Sanctorum, the, 183 Adda, King of Bernicia, 563, 615 n., 872 Adelelm, Abbot of Abingdon, 628, 629 Adelfleda (xElflaed), wife of Duke Briht- noth, 315, 561 ra., 867 Adelulf, Bishop of Cariisle, 16 m. Adrian I, Pope, 486 n., 762, 765, 766 Adrian IV, Pope, 45, 46, 47, 48, 53, 85 Adultery, law of the Conqueror, 129, 141 xEdilwald. See Ethelwald xEgelmar, Earl of Kent. See Egilmar iEgelric, father of Edric Streona, 511 n. xElfheah (Alfeg), Archbishop of Canter bury, 440 n., 551 n., 708 re. Miiheie, Ealdorman of Mercia, 311, 312, 409, 510, 511, 550, 697 xElflaed. See Adelfleda JSlfric, Archbishop of York, Bishop of Worcester, 422, 525 n. Miiic (Alfric, xElrie), Ealdorman of Mercia, 313, 511 xElfsige (Elfsi), Bishop of Durham, 397, 405 xElfwen, wife of Athelstane of East Anglia, 547 xElf win. See Elfgiva x€Hfwine (Alwinus), Abbot of Ramsey, 521 re., 871 MUe. See EUa jElric, Ealdorman of Meroia. See xElfric xElwine. See Alfwin J£sc (Eric), in Kent, 451, 452; and the iEscingas, 453 iEscesdune, given to Cuthred, 333 xEscwin. See Erkenwine xEthelflsed. See Ethelfleda xEthelfrith of Mercia, charters of, 309- 311 xEthelfrith, King. See Ethelfrith xEthelhun. See Ethelhun .-Ethelmar, Earl of Devon. See Ethelmar xEthelmund. See Ethelmund xEthelred, King. See Ethelred xEthelric, King of the Hwiccas. See Ethelric xEt Stane. See Stoneham AgUolfings, the Dukes of the Bavarians, 772 AgUwin (Edwin, Odda) of Mercia, 510 Aidan, King of the Scots, 564, 625 Ailmar. See Ethelmar Ailric. See Ethelric AUwin (Ethelwine), Ealdorman of East Anglia, 180 »., 409, 546-551 Ailwine (Egelwin), Bishop of Durham, 603 Aistulf, Archbishop of Mainz, 785, 789 Aix la ChapeUe, Conventions of, (837), 774; (797), 804 Akemanceastre. See Bath Alberic, Bishop of Ostia, 23 n. Albi, 812, 835, 841, 843 Albreda de Tregoz. See Tregoz Alchfrid of Bernicia, 569 Alchmund (Eahlmund, Eanmund), King of Kent, 342, 461 Alchmund, of Northumbria, 578 Alcluid, 575, 617, 626, 872 Aldermen (Ealdormen), 686-692, 721. See also London [875] 876 Index Aldgitha, wife of Edmund Ironside, 532 n.~ 535 m. Aldhelm, Bishop of Sherborne, 444 n. Alditha, wife of Anlaf, King of North umbria, 591 n., 592 Aldred, Bishop of Worcester. See Ealdred Aldred, Ealdorman of Northumbria, 578 Aldred (Ealdred), Earl of Northumbria, son of Uchtred, 599m., 600, 601, 609, 611 Aldred (Ealdred), son of Eadulf of Bamborough, 358, 300. 368, 370, 584 n., 587. 012 Aldun (Ealdhun), Bishop of Durham, 600, 698 m. Aldwulf (Aldulph), ruler of Bamborough, oxpelled by Athelstane, 369, 612 Aldwulf, ruler in Northumbria, 576 Alemanni, Laws of, quoted, 160 Alemannia, oaths in, 160; peers of, sum moned to Conventus, 816 Alexander III, Pope, 5, 22, 25, 863 Alfeg, Bishop of Winchester. See xElfheah, Archbishop of Canterbury Alfere. See xElfhere Alfheah, Grand Carver of the King, 681 Alfleda, daughter of Ceolwulf, 492 Alfred, Atheling, in Normandy, 411, 418 Alfred the Great, King of England, 352; in Rome, 353; his accession, 354, 355; and the Danes, 355, 356, 475 m„ 494, 497 ; treaty with Guthrun, 355, 544 ; and Guthred, 356, 357; subdues Britons, 356; rules all England, ib., 499, 500, 506, 545, 581, 582; his death, 357, 377, 477, 583; 439; his wiU, 443m.; 465 m., 472m.; his daughter, 507; 517 m., 560, 783 Alfred the Great, Laws of, cited, 153, 158, 159 Alfred (Elfred), opponent of Athelstane, 365, 366, 376 Alfric, father of Osric, King of Deira, 568 Alfwen, wife of Canute. See Elfgiva Alfwin, of Northumbria, 572 Alfwold (xElfweald), son of Athelstane of East Anglia, 546 m. -551 n. Algar III, Earl of Chester, 437, 521, 524 n.; succeeds to earldom, 526 m., 527, 553, 561 Algar (Elgar), StaUere of the Confessor, 678 Algitha, wife of Harold, 524m. Algitha (Ealdgyth), daughter of Earl Uohtred, wife of Maldred, 608, till Algiva. See Elfgiva Alienation, power of, 727 Alkmund, Kini; of Saxony, 542 m. Allodinrius, 71)2, 725, 751*. Ser Folkland Alrio, Ealdorman of Meroia. See jElfrio Alstan (Ealhstan), Bishop of Sherborne, 345, 340, 349, 354 Alton, buttle of (1001), 440 n. Alvethesleio, battle of (844), 579 Alweo, father of Ethelbald, King of Moroia, 483 Alwin. See Elfwin Alwinus. See xElfwine, Abbot of Ramsey Ambush, premeditated, 122 Amercement, 181 m., 262 Amund, Dane, invades Northumbria, 580 Anarawd, of Wales, 354 n., 356 Anchor, Kofod, cited, 325 Andredesceastre, 469 Andred Weald {Andredesleage), 340 m., 341, 469, 470 ». Anesty, Richard de, suit against Mabel de FrancheviUe, 5-29, 110-119, 863, 864 Anglesea, Isle of, 565 Anglia (Saxonia), name of Lothians, 614m. Anglo-Saxon History, Summaries of, 327- 661 Anglo-Saxon laws, renewed by the Con queror, 121-192; 155 m., 158; charter illustrating principles of, 176-180; judicial customs of, continued after Conquest, 180, 237, 238, 409 Angraria (Angria, Engern), Saxons of, attend imperial council, 804, 805 Angus, Earl of Moray, slain, 643, 644 Animals, legal status of, among Scandi navians, 192-193 Anlaf (Aulaf, Olave), King of North umbria, son of Guthferth, at Brunna burgh, 375, 590, 626; submits to Edmund, 378 n., 380n.; 5SSm.-590«., 592 Anlaf, King of Northumbria, son of Sihtric, chosen king, 379, 503; his treaty with Edmund, 380, 591, 592; expelled, 381, 592 Anna, King of East Anglia, 4S0, 540, 871 Anselm, St, Archbishop of Canterbury, 625 Antrustion, Antnistionship, 738-749, 758, 873 Aodh, King of Scots, 618, 626, 661 Appeal, replaces blood-feud, 158, 216, 254, 250. 25S. 267 Aquila, baronv of (Sussex), 6S7m. Aquitaine, duchy of, 739 n., 760, 773, 845 Archbishop's Court, the, 10, 14, 26 Archenfield, 713n., 714 Arfastus, Bishop of Thetford, 673 Argyle, county of, 614 n. Arietta, mother of the Conqueror, 640 n. Armorioa, legislation in, 806; maUum in, 820 Arraignment, 164 Arthur. King. 563 Asgar the Stallere, 727 m. Ashdown, battle of (871), 355 Assault and violation of women, 129, 132 Asser, Bishop of Sherborne, 446 Assinedon (Ashingdon), battle of (1016), 179 n., 414. 531. 552 Assize, Record of, 214 Assizes. See Clarendon, Fitz-Ailwyne, Northampton Athelheard, Ealdorman of Northumbria, 576 Athelhun. See Hune Index 877 Athelsine (xEthelsige), son of Athelstane of East Anglia, 546, 547 m., 550 m. Athelstane, King of East Anglia (semi- rex), 546-549 Athelstane, King of England, 168, 311, 322; holds Witenagemots, 358 m., 372, 374, 375; his accession, 361, 362, 365; 364m.; and Britons, 366, 377, 391, 447, 503; and Danes of Northumbria, 366- 378, 391, 587-588, 590 m., 592; and Scots, 366-377, 391, 618, 619, 626; his death, 377; 467, 502, 612, 664 n.-665 n., 783 Athelstane's Laws, cited, 165, 169 re., 170, 689, 721m., 865 Athelstane, King of Kent, etc., 307, 308, 351, 352, 465, 475, 477, 560 Athelswitha, wife of Burhred of Mercia, 352, 494, 498 re. Athelwold. See Ethelwalch Athulf. See Ethelwulf Augustine, St, Archbishop of Canterbury, 298, 299,454, 565re., 872 Aulaf. See Anlaf. Ausonne, Placitum of Carcassonne, held at (918), 820 Austria, beneficiary tenure in, 755-756 Auvilar (Avinlarium), 17, 863 Avars, the, 769, 816 Aylesbury, taken from the Britons, 332 Aylwine, son of Godwin, 524 m., 527 m. Aylwine, son of Leofric II, Earl of Chester, 524 m., 528 m. Bacgsegg, invades Northumbria, 580 BaU breaking, law as to, 123 Baldred, King of Kent, 336 m., 345, 346, 349, 464 Baldwin V, Count of Flanders, 604 re. Baldwulph, in Northumbria, 562, 563 m. Balliol, GUbert de, 4, 96-106, 296 BaUiol, Withelard de, 96, 97 Bamborough, 368, 370, 576; rulers of, 612 Banishment, sentence of, 141, 157, 193, 222-226 Banners, and the fyrd, 714 Bapchild (Baccenceld). CouncU at, 458, 869 w Bards, Conventions of, 195-196 Barons, fines paid to, 131; rehef of, 133; compurgation of, 160; in assembhes, 221-228, 519m., 721m., 833, 835, 840; homage and fealty performed by, 779 Barons, Frankish, and legislation, 824, 827, 833, 835 Barons, Scottish, fealty of, 779 Barrington, Daines, cited, 265 BasUeus, title of, 663-672 Basingwerk, battle of, 25 m. Bath, 293, 332, 399, 401, 402, 403, 405, 866; rulers of, 442 Bat-suen (boatswain), 712 Battle abbey, 2-4, 30-91, 92-95, 96-106, 107-109, 863 Battle, Abbots of. See Gausbert, Odo, Ralph, Walter, Warner Battle, Record of, 214 Battle trials, 236, 279-282 Bavaria, 160; battle trial in, 279, 280; fealty and beneficiary tenure in, 755- 772; represented in imperial council, 816 Bayeux tapestry, the, 561 Beandune, battle of, 332 Beanna (Beonna), King in East AngUa, 541, 871 Beaucaire, Knights and Burgesses of, pre sent petition, 832 Beddingham, monastery of, 557 m. Bedford, 332, 355, 358, 499, 501, 502 m., 544 m. Bedfordshire, 166m., 721m., 727m., 728m., 732 m., 859, 860 Belgium, fealty and beneficiary tenure in, 774-775; election of King in, 845 Belinus, King of Britons, 189, 190 Benedictus Abbas, 220, 221 m. Benefices, 284-288, 312, 738; nature of, among the Franks, 741-776; renewal of, 748. See also Laen Bengworth (Benningworth), 519m., 703 m. Bensington (Bynsentun), 332, 341, 485, 866 Beorgford, battle of, 338 Beorhtric, King of Wessex, 342, 343 Beorhtwulf (Berhtwulf), King of Mercia, 294, 492-^94, 498, 697, 723 m., 870 Beorn, Earl of Hertford, 562 Beorn, Ealdorman of Northumbria, 576 Beornhaeth, vassal-King, 571 m. Beornwulf (Bernulph), King of Mercia, 345, 349, 490-491, 542, 734 m. Beortwald, Bishop of Rochester, 457 m. Bequest of Lands, 694-695 Beranbyrig, battle of, 331 Berengarius II, King of Italy, 284 Berht, Ealdorman of Northumbria, 572, 573 Berkhampstead, 433, 458, 869 Berkshire, 151m., 242, 437 n., 530, 701, 712, 713, 720m., 859, 860; rulers of, 441 Bermondsey, Booke of, quoted, 847 m. Bernehorn, and Battle abbey, 96-106, 863 Berney, Norfolk, 14 Bernicia, 581m., 588; rulers of, 562 sqq. See Northumbria Berstead, near Maidstone, 869 Berthfrith, Ealdorman of Northumbria, 573 Berthun, Ealdorman of Sussex, 303, 335 m., 472, 473, 475, 870 Bertrada, wife of Pepin-le-bref, 776 Beverege, island in the Severn, 525 m. Beziers, Assembly at, 812, 839-844 Bieda, Saxon leader, 331 Biedcan, ruler of Essex, 556 m. Billingahoth, battle of, 578 Birlanda, Saint, Ufe of, 325, 867 Bishop's Stoke (Stoke Orchard), 314, 867 Bishops, exempt from authority, 2-4, 30-91; fines paid to, 131, 132; 300, 481m.; led troops, 714; in the as semblies, 733 m. 878 Index Bishops, Frankish, perform homage, 776; penalty for assaulting, 785-788; in assemblies, 221-228, 800, 824, 829- 835, 837, 839, 840, 859 Bishops, Scottish, and the king of England, 648-055 Blanche, Countess of Troyes, Ordinance of, 807, 827-829 Blethyn (Blethgente), King of the Welsh, 425,426 ft., 427 Bloodline. See Murdrum, Were Bloodshed. See Were Bocheland, Bookland. See Bocland Bocland, 693-707 Bohemians, tlie, in imperial councU, 810 Boldon Book, the, survey of Durham, 857, 858 ft. Bondes, 722, 723 Boniface V, Pope, 566 Bordars (villeins), 131, 864 Bordeaux, 773 Bordeaux, Archbishop of, 829, 831, 832 Borh (Borg), 181, 182, 409. See Tithing Bosa, Bishop of York, 572 Boston Fair, 233 Boulogne, honour of, 9m., 10mm., 11m., 18 m., 219 Boundaries, jurors enquire into, 252, 288 Bracton, cited, 1, 263 Bradanf ord on the Avon, 333 Bradifonus, 293, 867 Breach of Promise, 252 Brecknock, 365, 446 m., 500 Bredon, monastery of, charter of, 492 m. Brehtsig, of Northumbria, 583 Bretons, the, inquest among, 271, 272; election of their king, 845. See also Britanny Bretwalda, the, succession of, 331 re., 565m.-667m. Bricenanmere ( ? Brecknock), battle at, 446 m. Brideton manor, property of Caen abbey, 249-251 Bridferth, 384, 868 Bridge and Causeway Service, 718 Bridge bote and Burgh bote, 2, 178 ;i„ 694, 708 m., 718-719 Bridges and Fortresses, repair of, 305- 324 passim; 708 m. Bridgnorth oastle, 42 Brihtnoth, Ealdorman of the East Saxons, 314, 391-394, 439 n., 650 n., 660, 661 m., 867 Brihtrio, brother of Edrio, 511 ». Bristol, exempt from Frankpledge, 172 n. Britanny. See Armorioa, Bretons, Geoffrey Plantagenet Brito, Ralph, 9, 14, 26 Britons, Anglo-Saxon oonquest of, 331- 399 passim, 450-179 passim, 564- 567 m. Britons (of Stratholyde), 358-362, 573, 681 , 60 1 . See also Cumbria, Strathclyde Britons (of Wales), anoient state of, 275- 278; 344-367 passim, 427, 483-494, 565 m.-567 m. Britons (of the West), 333-367 passim, 443-447. See also CornwaU, Devon West Wales Brochmael, King of Gwent, 356 BrocmaU, King of the Britons, 564 Brorda, Prince of the Mercians, 343 m. 616 Brudei, King of the Picts, 573, 626 Brunehault, Chaussdes de, 190 Brunnaburgh, battle of, 375, 379m., 451m., 590, 591 n., 619, 626 Brunne (Lincolnshire), ruler of, 531 Buckingham, Witenagemot at, 374, 375 Bucklow HiU (Cheshire), 207 m. Building Act (Fitz-Ailwyne's Assize), 229-234 Bulgaria, kings of, 663 Bures (Burva), 543 Burford, battle of, 484 Burgesses, 131; compurgation of, 162; rehef due from, 701 ; representation of, 807 Burgundy and the Burgundians, 276, 277, 744, 775, 816 Burhelm, Ealdorman, 490 Burhred, King of Mercia, 309, 352, 353 n., 494-198 m. Burning, punishment, 253, 254 Burning of houses, 228, 229 Burton, North and South, rulers of, 610 Burton, abbey of, 528 n., 610, 849m. Burv St Edmunds, 56, 57, 58 Butsecarls. 432, 869 Buying, law as to witnesses of, 135, 145, 167 n., 409 Bynsentun. See Bensington Byzantine emperors, the, 663 Caed walla, King of the Britons, 479, 567m., 568, 686m. Caen. See St Stephen's abbey Caernarvon, 858 Cages, as prisons, 219, 220 n. Caithness, 371 Calixtus II, Pope, 623, 624 Callander, 630 Cambridge, 361, 545 n. Cambridgeshire, 437 m.; reliefs in, 701; 713m.; thanes of, 724; Inquisition of, 846, 874; 859, 860 Candida Casa. See Whithern Canon law, 8, 9, 39 Canterbury, 17, 19, 20, 27, 70, 80, 452m., 464; watoh and ward at, 716 Canterbury, Archbishop of, 2, 10, 15 m., 92, 93, 94, 95, 485 n. Canterbury, archbishopric of, primaoy of, 624 Canterbury cathedral, 2, 3, 32, 37, 38, 40, 41, 62, 75, 76, 84. 314, 322, 323 »., 400, 702n., 721m., 725m. Canterbury, diooese of, and forged oharter, 15 n., 291; 469m. Canute the Great, King of England, 173; charters of, 322, 519n., 520m., 601m., 721m., 867; his reign, 411-417, 504; and Edmund Ironside, 413-415, 505, Index 879 660, 698; divides kingdom into four, 415, 436, 600; and the Scots, 415-^17, 621, 627; 436re., 440m„ 449, 518, 552, 668, 692,726 m. Canute, laws of, 150, 161, 167, 176, 181, 182, 183, 185, 206, 505m., 604m., 605, 706, 709, 730, 866, 873 Canute, son of Carl, 609 m. Capias, process of, 185 Capital punishment, 140, 141, 143, 151 re., 176, 180 m., 181-184 Capitida, enaoting of, 802-804 Capitulary of Kiersi, 441m., 449 m., 742, 873 Caradoc, King of Guinedh, 486 Carcassonne, Estates of the Se'n&hausse'e of, 808, 812; placitum of (918), 820- 824; assemblies of (1269-1271), 834- 844 Carisbrook (Wihtgarabyrig), 438, 439, 869 Carlisle, 573, 617, 656 Carloman, King of Burgundy, 758, 759 Carloman, King of the Franks, 757, 773, 774 Carlovingian Empire, the. See Frankish Empire Carlovingian Jurisprudence, 183, 267 Cartmel, 573 Carucage, 728 m. Carucate, the, 850 Castffle, Cortes of, 797-799 Catgublaun, King of Guenedotia, 569 m. Catigern, son of Vortigern, 450, 451 re. Catscaul (Hefenfelth), battle of, 569 m., 872 Catterick, burnt by Beornred, 485 Cattle, wandering, stolen, etc., 125, 126, 134, 138, 160, 864 Cattraith, battle of, 615 Cavalcata, miUtary service, 822 Ceadwalla, King of Wessex, 333; his reign, 335, 439, 457, 471-173 Cean (Can, Cen, Pen) and title, "king,'7 662-663 Ceanwealh (Cenwahl, Cenwealh), King of Wessex, 333, 334, 444, 479, 481 Ceawlin (Coelin), King of Wessex, 331- 332,453, 565 re. Ceieadragus (Ceadragus), King of the Wiizi, 817-819 Cenbyrht, subregulus of Wessex, 333 Cenfyn, King of the Welsh, 426 m. Cenred, father of Ina, 474 re. Centwin, King of Wessex, 334, 335, 444 Cenwulf (Coenwulf), King of Mercia and Kent, charters of, 302, 304, 487 m.- 489 m.; his reign, 343, 462, 463, 474 re., 487, 488, 579, 733 re., 734 m. Ceolred, King of Mercia, 335, 482-483, 523 m. Ceolwulf I, King of Mercia, 463, 490, 492, 870 Ceorl (Charles), King of Mercia, 478, 479 m., 564 Ceorls, in Frankpledge, 170. See also Churls, Villeins Cerdic, leader of the Saxons, 331, 438, 477m. Cerdio (Certic), King of Elmet, 565, 616 Cernau. See CornwaU Champagne, Barons and Vavassors of, 827 Champ de Mai, 811, 812 Champ de Mars, 758, 811, 812 ChanceUor, the Frankish, 274-275; 672; the English, 672-676, 775 re. Chancery, the, 107, 219, 275. See also King s Chapel Chapel Royal, privilege of, 3, 4 Chaplains, the King's, 274, 275. See also ChanceUor Charles the Great (Charlemagne), 191, 203, 207, 579 ; beneficiary tenure under, 325, 744, 745, 758, 759, 761-771, 776; 782; his laws as to the clergy, 785, 786m., 795-796; 804 Charles le Bon, Count of Flanders, 775 Charles le Chauve, Emperor, King of France, beneficiary tenure under, 284- 285, 739, 747, 753, 774; 783, 793, 873 Charles le Gras, Emperor, King of France, 774 Charles Martel, Ruler of Neustria, bene ficiary tenure under, 756, 773 Charles II, King of England, 549 m. Charles V, King of France, and conse cration of kings, 672 Charles, son of Thorbrand, 600, 609 Charters, Anglo-Saxon (Landbocs), re newal of, 108, 109, 308, 310; Ulustrat- ing principles of jurisprudence, 176- 179, 182 m., 326; counsellors mentioned in, 177 re., 683-684; rhythmical forms of, 186m.-187m.; 282-324, 742, 753; elucidate constitutional history, 288, 298-324; history in, 327, 328. See under Battle abbey, Booland, Croyland, and names of kings Charters, Breton, 272 Chartres, Ordinance of, 807 Chelsea, synod at, 733 m. Chertsey, abbey of, 476 m. Cheshire, King's peace in, 150 re. sq. ; 719 m. Chester, taken by Edward the Elder, 362, 502; Edgar at, 401-405, 627; a Danish burgh, 535 m. ; Edmund Ironside takes, ib.; battle of, 564; 645, 646; reliefs in, 701; bridge and burgh bote in, 719; Domesday register of, 847 m. ; earls of, 523-527, 553 Chesterford, battle of, 592 re. Chichester, 31, 32, 71, 73, 77, 80, 82, 85 Chichester, bishopric of, 471 m. Chichester, Bishops of. See Hilary, Ralph, Stigand Chichester cathedral, 16 m., 30, 31, 38, 46, 49, 53, 66, 70, 73, 75, 76, 84, 88 Chippenham, 728 re. Childebert, King of the Franks, 756 Chivalry, origin of, 781 Christian burial, exclusion from, 177 m., 179, 182 Christians, law as to sale of, 144 Chronicles, Monastic, 1-2, 4' 880 Index Church, the, peace and immunity of, 121, 122, 130, 468 Church land, grants of, 237, 300, 304, 306, 311-323, 683 m., 697, 728-729, 735m.- 730h. Churls, Fyrdwite of, 708; 689, 721. See Ceorls, Villeins Cinque Ports, the, 535 Cirencester, 332, 355 Cissa, King of Subsox, 469, 471 Civil law, compurgation in, 165; estab lished by Edgar, 408, 409 Civil proceedings, forms of, 185-188 Clarendon, 99, 102 Clarendon, Assize of ( 1 166), 184, 213, 218- 228, 299, 866 Clarho (York), 207 n. Cledauc. See Clitwic Clergy, oourts of, 8; prepare charters, 187 m., 282, 289 Clergy, Frankish, and military service, 707 n., 795-797 ; penalty for assaults on, 785, 786-792 ; canons of, and assent of Sovereign, 792-799; attend Placitum, 821 CUtwic (Cledauc), King of the Britons, 361, 362, 509 Clovesho, Councils of (742), 483, 486; (824), 490, 734 n., 870 Clovis, King of the Franks, 672 Clydawc, King of the Britons. See Clitwic Coel-bren, the, rod of divination, 161m. Coenred, King of Mercia, 513 m., 514 m. CoenuU. See Cenwulf, King of Mercia Coins, of Anglo-Saxon kings and queens, 489 m., 576 m., 579 m., 580m. Coitmaur. See Selwood Coke, Sir Edward, cited, 263, 265 Colchester, 58, 90; garrisoned by Edward the Elder, 501, 560; military service in, 712; abbey of, 7 Colgrim holds Northumbria, 562, 563 Cologne, Archbishopric of, 201 Comes, the, Frankish, attend Placitum, 800, 801, 815 Commendation. See Antrustionship, Ho mage CommUitones, probably Huscarles, 726 m. Common Law, 120; appeals at, 158, 180- 185, 235, 264 Commons, House of, 861 Compensation for injuries, 152-160. See Were Compiegne, Congresses at, 758-759. 810, 818 Compurgation, 124. 130, 131, 135, 142. 160-166, 107, 170, 281; instance of. 737 Conservancy of the l'eacc, 218-220, 716, K58-862 Constantine V, Emperor, 759 Constantine, King of the Britons, 017 Constantine 11, King of the Soots, 617, 661 Constantine III, King of tlie Scots, and Athelntane, 366, 3(18-375, 620; and Cumbria, 383 n., 618; and Aldred, 684m., 5H7; and Anlaf, 590; 661 Conventus. See Mallum Copyhold, or customary tenure, 694, 701 Corbey, monastery of, 191; Free field court, 195-198, 199 m., 205 m., 273 Corbridge, battle of, 584 m., 585 m. Corn, export of, restrictions on, 832-844 CornwaU, 344, 443 m., 860; ealdormen of, 446, 447-450 Coronation, ritual of, 669-672 Coroners of the County, 216 Corpse, spoliation of, 193; trial of a Cienganger, 193-194 Cospatric, son of Earl Uchtred, 599 m., 604, 611 Cospatric, Earl of Northumbria, 608, 609, 611, 631 Council, Great (1155), 36, 43, 44; (1157), 57 Counts, and homage, 775. See also Comes County Court, 123, 145, 215, 217, 227, 258, 259, 0S7. See Shirecourt County, jurors of, 259 Court of Common Pleas, 185 Courts of Justice, the King's, 1 ; ecclesias tical, 8, 10; open air, 195, 196, 206, 207; Hustings, 233; Norman, 267 sqq.; Icelandic, 272-273. See also County, Hundred, King's, Shire, Township Courts Coventry, 424; earls of, 523-527 Creccanford (Crayford), battle of, 451 Crediton, bishopric of, 471 re. Crida (Creoda), King of Mercia, 477, 478 Oman, of Dunkeld, 661, 873 Crown, Pleas of the, 216, 217 Croyland abbey, charter of, 290, 291, 294 Culen, Scoto-Pietish King, 326, 406, 620 Culestone, Witenagemot at, 778 Cumberland, 378 n., 614 n. Cumbra, Ealdorman, 338 n., 339, 340, 341 Cumbria, 328; and the Scottish kings, 37Sn.-380n., 381, 3S4n., 618-621; Kings of, 614-625 Cunedda Wledig, King of Cumbria, 614, 615re. Cunningham, in Strath Clyde, 614 n. Curia Regis, the. Set- King's Court Cutha, Cuthwin. Sec Cuthwulf Cuthbert. St. lands of, 16 n., 460 m., 573, 581, M»„ ,>M. 5S0h., 617. 698, 857; tomb of, 371 Cutheard. Bishop of Lindisfarne, 584 ra. Cuthred, King of Kent, 302, 303, 462, 464, 484. 487 Cuthred. King of part of Wessex, 333 Cuthred. King of Wessex, 337, 338, 340 n. Cuthwin of Northumbria, 574 Cuthwulf (Cutha, Cuthwin), King of Wessex, 332. 453 Cuthwulf, the King's Thane, 308 Cwenburgha, wife of Edwin of North umbria, 479, 564 Cwendritha (Cwenthryth), Queen of Mercia, 474 m., 4S6 n„ 488-490, 514n., 541 h. Cwichclm, King of Wessex, 332, 333 Ciadc, bequest', 695, 697, 700, 873 Index 881 Cymen, son of Ella of Sussex, 469 Cyneheard, the Atheling, 341, 342 Cynethryth. See Cwendritha Cynewulf, Atheling, 335 CynewuU, King of Wessex, 338-341, 445, 485 Cynric, AtheUng of Wessex, 337 Cynric, Saxon leader, 331, 438, 477 re. Cynwuff, Dux of Northumbria, 576 Cyre-ath, wager of law, 165 Dagobert I, King of Austrasia, 325 re., 739, 773 Damnonia, 446. See Devonshire, West Danegeld, 2, 407, 525, 621, 728-732 Danelaw, the, special application of laws in, 122, 123, 124, 132, 135, 143, 144; 506; heriots or reUefs in, 700, 702 Danes, oaths among, 160 sq.; conveyance of land among, 325; in England, 343, 351, 379 m., 407^09, 411-413, 418, 424, 440, 445, 448, 449, 504, 505, 543, 601; defeated, 351, 441^43, 447; in East AngUa, 355, 543-546, 552, 560; treaty with Alfred, 355, 356, 499, 544; Edward the Elder and, 358-362, 501, 502, 587; Athelstane and, 366; civU law among, 408, 409; in Mercia, 494-500, 584; in Northumbria, 580, 581, 583, 584, 587- 593, 598; and Earls, 688, 692 Danish Burghs, the, 411, 499, 503, 504, 505, 598; rulers of, 532-538 Darent (Dereuent), river, battle on, 450, 451 re. Dartford, 450 m. David I, King of Scots, Earl of Cumbria, 614 m., 622, 872; supports succession of MatUda, 642; his reign, 643-644; 661 David, Earl of Huntingdon, 646-656, 658, 660 Dawston. See Degsaetan Death penalty. See Capital Punishment Dee, river, King Edgar on, 399, 402, 403, 404 Deerhurst, 854, 855, 856 Default, law as to, 146-147, 181, 217 Defenssettas, in West Wales, 443 m., 447 Degsaetan (Dawston), battle of, 564 Deira, shore of, 397, 596 Deira, kings of, 562-564, 568-569; earls of, 595-612; their rights, 691. See Nor thumbria Demand of right, 185 Dena, the, in Damnonia, 345, 445 Dengemarsh (Dungemarsh), 4, 9, 92-95, 863 Denial of attributed speech, 136, 864 De rationabilibus divisis, 251, 866 Derby, 500, 503, 532 Derbyshire, 528 m., 702, 859, 860 Dereuent. See Darent Desiderius, King of the Lombards, 761 Detinue, action of, 165 Deusdedit, Archbishop of Canterbury, 570 m. De Vere, famUy of, 7 m., 863 p.vn. Devil's Dyke, East Anglia, 554 Devonshire (Damnonia, Dyvneint), 442 m., 686; miUtary service in, 712; 859, 860; rulers of, 443-449. See West Wales Dicker, bundle of ten, 853, 874 Dinefawr. See Dynevor Disseisin, 215 Distress, or namium, 145, 185 Diuma, Bishop of the Mercians, 481 m. Doda, wife of Emperor Lothair, 754 Dol, see of, 562 Domesday surveys, 150; method of com pilation, 845-848; the name, 847 re.; original fragments of, 846-857; ancient transcripts of, 848; Flambard's Domes day, 849-853; of Winchester, 854-857; of Durham, Shaftesbury, North Wales, 857-858 Donald IV, King of Strathclyde, 379 m., 619, 661 Donaldbane, son of Duncan I, King of Scots, 417, 640, 641 Donald Brec, King of Albania, 616 Donnan, St, 615 Doomsmen, 272-273 Dorchester, 375, 376 Dorchester, bishopric of, 333, 471 re. Dore, 347 Dornsettas (Dorset), rulers of, 443 Dorsetshire, 860, 869; rulers of, 442-443 Dover, 261, 262, 614m., 676; mihtary service in, 713 Drogo de Mantes, father of Baulf, 519 Dublin, 390, 392 Duel. See Battle trial Duff, King of Scots and of Cumbria, 384 m., 406, 407, 619, 661 Dufnal (DuffnaU), King of Demetia, 400, 401, 402, 403, 404 Duglas river, battle on, 563 Dumbartonshire, 614 m. Duncan, Earl of Angus, 650, 652 Duncan I, King of Scots, 408, 416, 621, 622, 661 Duncan II, King of Scots, 640-642, 661 Dunfother (Scotland), 371 Dunsetan (Deunsetan, Devnsetan), 330, 446^47, 868 Dunstan, Archbishop of Canterbury, 385, 388, 391, 393, 395, 399, 401, 403, 410, 411, 504 m., 543 m. Dunwich, Bishop of. See Ethelwald Durham, 608, 609, 631 Durham, Bishop of, 657, 658. See also Aelfsige, Hugh Pudsey Durham, bishopric of, Domesday survey of, 857. See also Cuthbert, St, lands of Dynevor, 354 m., 428 Dyvnaint. See Devonshire Eadbald, King of Kent, 299, 454 Eadbald, the King's Thane, 468 Eadbert, Ealdorman of Mercia, 480 Eadbert, King of Northumbria, 574^-575, 617, 626 Eadburgha, wife of Beorhtric, King of Wessex, 343 66 882 Index Eadgar, King. See Edgar Eadgitha, St, Abbess of WUton, her seal, 292, 295, 867 Eadgitha, wife of Edward the Confessor, 607 m. Eadgitha, wife of Sitrio of Bernicia, 588 Eadhard, Bishop of Lindisse, 572 Eadmund, King. See Edmund Eadred, Abbot of Lindisfarne, 681 m. Eadred, King. See Edred Eadric, King of Kent, 455-466 Eadrio Streona. See Edric Streona Eadsige, Archbishop of Canterbury, 324, 419, 422 Eadulf, Duke of Devonshire. See Ordwulf Eadulf, Duke of Northumbria. See AldwuU EaduU, Earl of Northumbria, son of Uhtred, 599 n., 601, 603 m., 611 Eadulf, ruler of Bamborough, 358, 361, 368,584«., 611, 612 Eadulf Cudel, Earl of Northumbria, son of Waltheof, 599m„ 600, 611, 627 Eadulf Ewelchild, Earl of Deira, 397, 405, 596 Eadulf Rus, of Northumbria, 599 ra. Eadwig (Eadwy), King. See Edwy Eadwulf, ruler in Northumbria, 575 Eafa, Ealdorman of Mercia, 480 Eahlmund of Kent. See Alchmund Ealdberht, the Atheling, 335 Ealdormen. See Aldermen Ealdred of Northumbria. See Aldred Ealdred (Aldred), Archbishop of York, Bishop of Worcester, 425, 431-133, 722 m., 869 Ealdwulf , Archbishop of York, Bishop of Worcester, 317, 597 m. Ealhere, Ealdorman of Kent, 308, 465 m., 468 Ealhhrun, Bishop of Worcester, 517 ra., 871 Ealswitha, wife of Alfred, 507, 529 Eanbert, King of the Hwiccas, 484 m., 614, 515 re. Eanfrid, King of Bernicia, 565, 568, 569, 625 Eanfrid, King of the Hwiccas, 471, 512 Eanhere, King of the Hwiccas, 471, 512 Eanmund, King of Kent. See Alchmund Eanred, King of Northumbria, 350, 679 Eanwulf, Ealdorman of Somerset, 354, 442 EarduU, King of Northumbria, 487, 576- 679 Eardulf, Bishop of Rochester, 460 n. Earls, fines paid to, 133, 144; reliefs and heriot of, 133, 700; and King's peaoe, 160, 409; 688-092; feudal, 692; raise fyrd, 713; husoarls of, 727 East Anglia, subjeot to Mercia, 540-542; Danish invasions of, 543-546, 551, 552; under Wessex, 645-540; monasteries of, 550; physioal features of, 554, 555; 700 East Anglia, earldom and earls of, 436, 437, 546-565 East Anglia, kings of, 538-546 East Saxons, rulers of, 555-561. See Essex Eata, Bishop of Lindisfarne, 572 Ecga, ruler in Northumbria, 576 Ecgf erth, ( EcgfrithJ.King of Mercia, 343 ra„ 486-487, 542 m„ 645 Ecgfrid, King of Northumbria, 482, 571- 573,611, 617,626 Ecgf rida, wife of Uhtred of Northumbria, 600,611 Ecgric, King of East Anglia, 480 m., 539- 540 Echevins (Scabini), in Free-field Court, 160, 195, 197, 198, 199,272; inVehmio Tribunal, 199, 201-205; as jurors, 231, 267, 271. See also Scabini Eden, the river, 614 m. Edgar, King of England, his charters, 292, 293, 311, 866, 871; 363, 364, 384, 868; his reign, 387-110; king of Mercia, 387, 388, 389, 504, 565; king of North umbria, 388, 504, 594 n., 595, 596, 620, 621, 627; 419, 421, 447, 448 ra., 523m., 546 m., 547, 549, 666, 672, 697 m.; Ms laws, 182-184, 505, 865 Edgar, King of Scots, 641, 642, 661, 664 Edgar Atheling, 428, 430-435, 608, 634, 635, 641, 642 Edict apud Pistas, 800 Edinburgh, 588, 595, 627 Edmund St, King of East Anglia, 542-544 Edmund, King of England, 283 m.; his reign, 378-381, 503, 504 m., 690-692, 619, 626, 868; 549m., 778 Edmund Ironside, King of England, his reign, 413-415; 430, 433, 435, 505, 532-535, 552, 560, 598, 628 Edmund, gon of King Edgar, 448 n. Edred (Eadred), King of England, 311; his reign, 381-387, 619, 627; in North umbria, 398 m., 589 m., 592-593, 691; king of Mercia, 504; 665m. Edric Streona, Ealdorman of Mercia, holds office, 411, 415, 504, 505, 506 n., 511, 529, 600)i.; 436; his evU deeds, 440, 511 n., 528, 532n.-535; 468, 530 Edric the WUd, 631, 632 Edulf of Devonshire. See OrdwiUf Edward the Elder. King of England, his charters, 309-312; his reign, 357-365, 467, 499 m., 501, 502, 508, 545, 546, 560, 583, 584m., 587, 618, 626, 672; laws of, 505 Edward the Martyr, King of England, 312, 395, 410-411, 44Sra„ 650 Edward the Confessor, King of England, 237, 296, 297; in Normandy, 411-413, 418; his reign, 419-431; elegy on, 431, 028 n. ; 436, 437, 521, 527, 537; charters of, 537 m., 725 n.-727 ra., 871; 538, 603, 604 «. , 605, 627, 628, 668, 672, 678, 681, 691, 692 m., 722 Edward the Confessor, Laws of, 121-149, 173 Edward I, King of England, 152, 219, 276, 277 re., 471m., 687, 860, 861 Index 883 Edward II, King of England, 174 Edward III, King of England, 207 re., 231m. Edward, Earl of the Mercians, 644 Edward, son of Edmund Ironside, 430, 435 Edwin, Ealdorman of Northumbria, 578 Edwin, Earl of Mercia, 432, 433, 434, 524m., 527, 604 m„ 605 Edwin, King of Northumbria, 333, 454 m. 479, 480 m.; his reign, 563-568, 616, 625 Edwin, son of Leofwine, Earl of Chester, 524m., 527m. Edwy (Eadwig), King of England, 384, 387-390, 504, 546 ra„ 595, 665 m. Egbert (Egbryht) I, King of Kent, 454, 570 Egbert, King of Wessex, charter of, 306; his reign, 342-352, 445, 456 m., 461, 464, 465 m., 475, 477, 490-492, 498 m., 540, 542,559, 567m., 579 Egilmar (xEgelmar), grandfather of Earl Godwin, 468, 511m., 530 Eglaf, King of the Swedes, 436 m. Ehe, Ae, JEwa, law, 200 m. Eldune, near Melrose, battle of, 575 Eleanore, Queen, wife of Henry II, 44 Elf, son of Elfwald (Alfwold), 577 Elfgiva (xElfwin), mother of Harold, Harefoot, 417, 418, 440 m. Elfgiva, wife of Uchtred, Earl of North- umbria, 598, 608 m., 611 Elfhelm, Ealdorman of Hampshire, 417, 418, 440 Elfleda (xEthelflsed), Lady of the Mer cians. See Ethelfleda Elfleda, daughter of Aldred of North umbria, 601, 603, 609, 611 Elfleda, wife of Ethelred of Northumbria, 577 Elfric, Ealdorman, 440, 441 Elfrida, wife of Edgar, 411, 447, 448re., 549 m. Elfsi, Bishop of Durham. See Aelfsige Elfwin (Alwin), daughter of Ethelfleda, 508,509 m. Elfwine, son of Elfwald (Alfwold), 577 Elgar, Earl of Mercia. See Algar Elizabeth, Queen, 265, 858 m. EUa, King of Deira, 563, 872 EUa (Mile), King of Sussex, 331, 347, 452 m.; his reign, 469, 470; 565 m. EUendune, battle of, 345, 442, 490 Elmet, dependency of Cumbria, 565, 616 Elrnham, bishoprio of, 471 m. Ely, abbey of, lands of, 237, 561 re., 735 m.- 736 re., 846: 555 m. Ely, Inquisition of, 846 Ely, Isle of, 527, 555 m. Emma (xElfgi-vu, Imma), wife of Ethelred and of Canute, 279, 322, 418, 449 m., 533 Emmet, 366, 368, 370, 588, 868 Emphyteusis, 284, 286-287 Eneon Urdd, King of Cumbria, 614, 616 m. Enham, Council of, 708 m., 873 Eni, father of Anna of East AngUa, 540 ;, in Norman Law, 267. See In quest EntaU of land, 696 Eocha, King of Scots, son of Run, 617, 626, 661 Eocha (Eugenius), King of Strathclyde. See Owen Eohric. See Eric Eoppa, father of Ida of Northumberland, 563 Eota land (Hampshire), 441, 869 Epernay, Council at (846),284, 793, 794re., 799 Epsford, battle of, 450, 869 Equitable jurisdiction, 235 Eresburg, temple of, 191, 195, 207, 273 Erio, King of East Anglia, 545, 871 Eric, Earl of Northumbria, 415, 600 Eric Blood-Axe, King of Northumbria, 382m., 383 m., 387, 588-593 Eric, leader of Northumbrian Danes, 583, 584 Erkenwine, ruler of Essex, 478 m., 555 Ermenburga, Queen of Mercia, 482 m. Ermenred, elder son of Eadbald of Kent, 454 Ermenred, King, 482 m. Ermine Street, 137, 189 Ernulphus, Bishop of Rochester, 185, 186, 289 m. Escheat of land, 180, 687 re., 703, 710, 789 Esgar, King's StaUere, 561, 562 Essex, 9 m., 10 m., 18, 56, 437, 478 m.; miUtary service in, 712; thanes of, 721m.; 859 Essex, kings of, 345, 478m., 555-560; earls of, 560-561 Estramaduras, kingdom of, 798 m. Ethandune, battle of, 355 Ethelbald, King of Mercia, charters of, 300, 301, 707 re.; 337, 338, 459; his reign, 483-484 Ethelbald (Eadbald), King of Wessex, 352, 364, 465 m., 466, 467 Ethelbert I, King of Kent, oharters of, 288, 298, 299, 672; his reign, 332, 453- 454, 478 re., 539 m., 556, 565 m.; laws of, 152, 689, 865 Ethelbert II, King of Kent, 454, 458-460 Ethelbert, King of Wessex and Kent, 352, 354, 465 re., 466, 467, 477, 543 Ethelbert, King of East AngUa, 486, 641 Ethelbert, son of Ermenred, 454, 455 m. Ethelburga, wife of Ina, 335, 336 m. Etheldreda, St, of Ely, 555 Etheldritha, wife of Ethelwald of North umbria, 575 Ethelfleda (xEthelflsed), daughter of Alfred, wife of Ethelred of Mercia, 310, 358, 446 m., 500-502, 506-509, 870 EtheUrith (xEthelfrith), King of North umbria, 563-565, 625, 872 Ethelfrith, Duke, 309 Ethelhun, Ealdorman, 337, 338 Ethelmar (Aethelmaer), the Stout, Eal dorman of Devon, 411, 448, 449m. 56—2 884 Index Ethelmar, dish-thane, 681 Ethelmund, Ealdorman of the Hwiccas, 327, 343 ra., 441, 516 Ethelred the Unready, King of England, oharters of, 176-1H0, 182 m., 315-322, 696, 681m.; 296, 313, 314; bis reign, 407, 410-413, 504, 518, 553, 596, 621, 667, 669; 419, 422, 448m., 728, 737; laws of, 181, 535, 708, 715 Ethelred (Hodilredus, Oedilrodus), of Essex, 557 m. » Ethelred, Ealdorman of Mercia, charters of, 308, 309, 310; 356, 358, 359, 456, 499 re., 500, 506-508, 517 m., 562 Ethelred, King of Meroia, 456, 481 m., 482, 512, 587 ra. Ethelred (Ethered), King of Wessex and of Kent, 352, 354-355, 465 n., 467, 494 Ethelred, son of Ermenred, 454 Ethelrio (Ailrio, Ealric), King of the Hwiocas, 300, 302, 482 re., 513, 514 ra. Ethelwalch (Athelwold), King of South Saxons, 334, 335 m., 439, 471, 472, 481 Ethelwald, Bishop of Dunwich, his seal, 292, 295 Ethelwald. See Ethelwalch Ethelwald, Atheling of Wessex, 354, 357, 358, 500, 545, 583-584 Ethelward, son of Ethelmar (Agelmar), 440 m., 449 ra. Ethelward, son of Edward the Elder, 365 Ethelward (the Chronicler), Ealdorman of Hampshire, 440, 587 m„ 688, 869 Ethelweard, Dux, 448 m. Ethelweard, Heah-Gerefa, 440 m. Ethelwin of East AngUa. See AUwin Ethelwold (xEthelweald, Ethelwulf), Eal dorman of East Anglia, 546-551 Ethelwold (Elfwold), Duke of the East Saxons, 448 m. Ethelwulf, King of Wessex, his oharters, 306, 307, 308; 345, 346, 349; his reign, 351-354, 442, 464-466, 475, 477 ; 439 m. , 494, 543 re., 677, 869 Ethered, ruler of Northumbria and Mercia, 687 m. Ethered. See Ethelred, King of Wessex Eudo, Duke of Aquitaine, 739, 773 Eugenius, King of Stratholyde. See Owen Eugenius, King of Scots. See Eocha Eugenius III, Pope, 4, 16 m., 33, 863 Eustace III, Count of Boulogne, 11m., 12m., 13m. Evesham Domesday, the, 851, 854m. Evesham, monastery of, 519 n., 523 ft., 851 Ewin. See Owen Ewyas (Ewias), 363, 365 "Exacted," for murder, 168 ra.; for theft, 172n.., 180m., .S'tf,, Kxchequer Domesday, 847, 851 Exchequer, Record of the, 214 Exo river, 447 Exeter, 355, 366, 367, 447, 448m., 449m., 712 Exotcr, bishopric of, 446 Exon Domesday, 846, 858 m. Export of produce, arms, etc., prohibi tion of, 832-844 Extent of North Wales, 857, 858 m. Eynsham, 332 Eyre, compurgators in, 166. See Justices Fsestingmen, 305, 306, 867 Falaise, 648, 649 False judgment, 129, 142, 143 Fanegada (Spain), measure of land, 850 Fantasma, Giordano, 18, 863 Fareham, near Portsmouth, 18 Faringdon, 362 Farnborough, County Court at, 242 Fastrada, wife of Charlemagne, 767 lasts, of the Church, 723, 737 Faversham, 35; Council at, 170 Fawsley (Northampton), 207 m. Fealty, 288, 313, 433 ra., 425, 738-749, 753, 755-776; oath of, 699, 759, 776- 781 ; violation of oath of, 760-771 Feckenham, 654 Fee farm, 246 Felons, indictment of, 162m.-165n., 163; compurgation of, 163m.-166m., 164 Felony, land escheated for, 180 Fen Counties, 555 m. Feorm, 693 Fermael, King of Gwent, 356 Feud, blood, replaced by Appeal, 158; 287 n. FeudaUty, 288, 692; among the Franks, 738-778; of Celtic nations, 741 Fferregs. See Hereford Ficans, Uffingas of East Anglia, 539 m. Fidelis, the, 746, 749. See Antrustion, Vassal Fief (Feud). See Benefice, Laen Fierding Court, the, 273 Fimtardom, the, judicial Court (Iceland), 273 Fines (wites), 122-149 passim, 150, 151 «., 692. 693 m., 706, 711, 717m., 723, 724. 737. 785, 786 n„ 787-792. See Fyrdwite, Were, Weregild Fitz-AUwyne's Assize, 229-234. 251, 866 Five Burghs, the. See Danish Burghs Flambard, Ralph, 275. 849, 851 Flamborough, Ida lands at, 563 Flanders, 605 n. Fiance, son of Mael, 61Sn. Fleam Dyke, East Anglia, 554 Fleta, cited, 166, 263 Folkland, 693-694, 700, 751. 869 Folkmoot, the, 1S5, 201 ; of the Hundred, 206-212 Fore-oath (Pra'juramentum), 160 Forms of the Law, 192-194 Forth river, 614 «.; "Gewasde," 629 n., 872; 030 Fortresses, buUding and repair of, 178 m., 305, 308, 315. 321, 324, 719 Fosse Way, the, 137, 189 Frana, Ealdorman of Danish descent, 598 France, central legislative power in, 808- 812; nations of, 808, 844-845; States- General of, 797; 843 Index 885 FrancheviUe, Mabel de, 5, 7, 8, 9, 23 re., 24 m. Frankfort, Capitulary of, 770-771 Frankfort, Council of (794), 275; Assem blies at, 816-819 Frankish Empire, the, Chancellors and Archohaplains of, 274-275; feudality in, 738-749; fealty and beneficiary tenure in, 738-778; legislation of States composing, 784-800, 800-812, 824-844; modes of enactment in as semblies of, 784^800; petitions to Sovereign in, ib.; General Conventus of, 812-819 Frankpledge, the, 137, 148, 167-175; exemptions from, 172-175, 219; view of, 174, 175 re.; 218; before the Sheriff, 224; and hospitality, ib. Franks, the, 191, 193, 707. See Frankish Empire, the Frederick I, Emperor, 423 m. Freeborh, Freepledge. See Frankpledge Free Field Court of Corbey, 195-199, 205 re., 273 Freigraffschafften, 199 Freischoppe, of Vehm Gericht, 199, 200 Frenchman, law as to murder of, 136 Fresh Suit, 176-184 Frisians, laws of, 155m., 161 re., 805-806; open-air courts of, 207 Fritheswida, St, life of, 529 Frithewald, subregulus of Surrey, 476, 481 Frithogast, Danish Ealdorman, 598 Fritholgwald, King of Northumbria, 564, 872 Frohner, of Free Field Court, 195-197 Fugitives from justice, 123, 146, 148, 153, 173 m., 216, 227, 255, 256 Fyrd, the, 176m., 694, 703, 707-719 Fyrdwite, 2, 708, 711, 805 Gainsborough, Earls of, 529 GaUoway, 614 m., 615 m. Galmanho, abbev of, 603, 872 Gamel, son of Orm, 604, 607 re. Gaols, construction of, 219, 224 Garonne river (France), 773 Gascony, feudal donation of, 739 m., 740, 773 Gausbert, Abbot of Battle, 3, 32, 51, 77 Gausfrid, Abbot of Holme, 62, 91 Gavelford, battle of (823), 345, 445 Gavelkind, 283 re. Gavran, father of Aidan, King of Scots, 625 Geld, land tax, 2, 246, 863 Geoffrey de Clinton, 643 Geoffrey, Bishop of Coutances, 237, 704, 727 m. Geoffrey Fitz-Peter, 216, 659, 660 Geoffrey Plantagenet, Duke of Britanny, 784; his Assize, 806, 824-827 Geraint I, Prince of Dyvnaint, 331, 443, 444 re. Gerard, Archbishop of York, 624 Gerefa (Reeve), duties of, 150, 160, 161, 181, 182, 724 Germanic tribunals, 195-205 Gienganger (Revenant), 193, 194 m. Gilbert de BaiUol. See BaiUol GUbert, Bishop of London, 647 GUbert, son of Fergus of GaUoway, 654 Gildas, St, 615 GUUngham, Council at (1042), 420 Giordano Fantasma. See Fantasma Githa, sister of Canute, 518 Githa, wife of Tofig the Proud, 421 Glamorgan (Morganwg), 363, 364 GlanviUe, Ranulf de. See Ranulf Glasgow, bishopric of, 614re., 616m., 622, 624, 625, 872 Glasgow, Bishops of, 622-624 Glastonbury abbey, 311, 340m., 546, 547, 548 Gloucester, 332, 391, 414, 500, 509, 638, 639, 720 m., 851 Gloucester, Honour of, rulers of, 530 Gloucestershire, 437 m.s 530, 851-856, 859, 860 Goda, wife of Drogo of Mantes, 519 Godfrey, King of the Northumbrians. See Guthferth Godiva, wife of Leofric III, Earl of Chester, 423, 524m., 525 Gododin. See Lothian Godordsmen, of Iceland, 272, 273 Godrun. See Guthrun Godwin, Bishop of Rochester, 319 Godwin, Danish Ealdorman, 598 Godwin, Earl of Wessex, and the suc cession, 418-423; his abUity, 421; his earldom, 436-437, 443, 446, 468; his descent, 436, 511 ra.; dies, 437, 663; 525 m., 526, 603, 699 Godwin, son of Leofwine, Earl of Chester, 524 n., 527m. Golden dragon, ensign of Wessex, 338 Gorm. See Guthrun Gorseddau, of British Bards, 196 Gortimer, the Briton, 451 m. Gothic jurisprudence, 272 Graff, the (Gerefa), of the Frey Fddgericht, 195-197; in the Vehm Gericht, 199 Grafio, king's officer, 305 m. Gralon (Graelent), of Britanny, 820 Grand Coustumier of Normandy, 265, 267, 282 Grantabrigscyre. See Cambridgeshire Graviates of WestphaUa, 199 Great RoUs (Magni Rotuli) of Henry II, cited, 9 m.; of Richard I, 28 re. Gregory I (the Great), Pope, 624, 625 Griffin (Griffith), King of the Welsh, 423, 425-427, 527 Griffith, Sir WiUiam, of Penrhyn, Cham berlain of North Wales, 858 m. Grifo, son of Charles Martel, 757 Grimoald, King of the Lombards, 281 Grithbreach. See King's Peace Groat, 27, 863 Gu-erpition, surrender of benefice, 742, 770 Guests, law as to, 147 Gunhild, wife of Earl Haco, 518 m. Gunnlaug, adventures of, 188 886 Index ( lurth, Earl of Suffolk, 529, 553 Guthferth (Godfrey), King of Northum bria, 368, 369, 370, 372, 688 Guthred, King of Northumbria, 356-357, 581-682, 587 m. Guthrun (Godrun, Gorm) I, King of East Anglia, 355, 544-545, 559 ra., 560, 871; treaty with AUred, 355, 499, 644 m. Guthrun II, King of East Anglia, 544m., 515, 871 Guthrun, Dane, invaden Northumbria, 580 Gyrwa, South, rulers of, 555 Haco tho Good, 192, 590 m. Haoo (Hakon), Earl of Worcester, 518, 520 ii. iladleigh in Suffolk, 315, 867 Haethfield, Synod at, 572 HaUdano, Danish leader, 447, 580-581 Haligdom, the, in Saxon law, 101 Halikeld, sacred spring at, 206, 207 m. Halsfang, 700, 873 Hamble. See Homelea Hamesoken, 192 Hamfare, fine for, 122 Hampshire ( Hamtunsoire), 338, 339 ; rulers of, 439-141 Hampton (Hantona), 703 m. Hanging, sentence of, 261 Hanse, cities of the, 202, 205 Harbouring oriminals, heretics, 180 n., 221-228, 229 Hardacnute, King of England, 323, 324, 418-421, 525m., 601, 602, 603 m., 678, 728, 730 ra. Hardacnut, King of Lethra, 581, 582 ra. Harisliz, 769 Harold (Harefoot), King of England, 417- 419, 505, 525, 601 Harold II, King of England, 423-427; his reign, 428-432; his earldom, 437, 468, 553, 561; 524 ra., 604 m., 606, 726 re. Harold Harfager, King of Norway (947- 950), 589 ft., 590 re., 690, 691 Harold, King of Scania, 552 Harold Klak, son of Guthrun I, 544 re. Hastings, battle of, 432, 434, 553 m. Hastings, town of. 486 m. Havelok, lay of, 450 Hawise de Gurney, 440 m., 752 Hayward, the, 262 Heabyrht (Heaberht), King of Kent, 460, 461m. Heathfield, battle of, 568 Heoana. See Hereford Heimliche Aclit, the, See Vehm Gericht Helfonfelth. See Catscaul Hemeid, ruler of Demetia, 356 Hemoldborh, the, 166 Hengist Dune, battle of, 351 Hengist, loader of the Jutes, 450—453, 479 n. Heng Wite, 176, 864 Henry of Blois, Bishop of Winohester, 8, 14, 15m., 16, 18, 22 m„ 23 m., 24, 26, 82 Henry I, King of England, 57; oharters of, 60, 101, 103, 714»„ 721m., 725m.; 96, 97, 98, 240-245; Writs, 249, 251, 252 re.; and Scotland, 642, 643; Fyrd, 716; knighted, 783; 808; Liber Winton., 854-857; laws of, 92, 93, 151, 687m. Henry II, King of England, 1, 3 m.; his charters, 11 ra., 13m., 36, 38, 39, 40-45, 107, 109; judicial proceedings before, 9-119, 240-249; bis expedition to Toulouse, 17; 18m.; Writs of, 19n., 242, 245, 246-249; in Wales, 25 m., 26, 57; his coronation, 36; king's peace under, ib., 151; 42, 43, 152, 162; severity of his laws, 184; and Record of Court, 213, 223; Assizes of, 184, 213, 218-228, 229; and architecture, 229; and king of Scots, 644-656; and prince of Wales, 645; and the Succession, 645- 653; 784, 808, 825, 846 ra., 857 Henry III, King of England, Writs of, 684-685, 813 m.; laws of, cited, 725 Henry IV, King of England, Laws of, cited, 220 Henry V, King of England, 685 Henry VI, King of England, 162, 164 Henry of Essex, standard bearer, 9ra., 25, 58, 62, 71, 72, 74, 79, 88, 91 Henry, son of Henry II, 645-653 Henry, son of Eric of Northumbria, 593 n. Henry the Lion, Duke of Brunswick, 201 Henry Murdac. See Murdac Heptarchy, the Saxon, a misnomer, 328 Herbert Losinga, Bishop of Thetford, 275 Hereditary right in territorial dignities, 742-749 Hereford, 366, 367, 521 n., 699 ra„ 701 Hereford, bishopric of, 518 Hereford and Essex, Earl of. See Humfrey de Bohun Herefordshire, 437 ii., 481, 521 ra., 530; fyrd in, 713 «.. 714; rulers of, 522-523 Here-geat. See Heriots Heretics (Publicans, Renegades), 220, 228, 229 Heriots (Here-geat), 700-703, 710. See also ReUefs Herlaug, King in Xaumedale, Norway, 690 " Herrbann. See Fyrd Herred, the, 272 Hertford, Earls of, 562 Hertfordshire, 9h., 10 ft., S59, 860 Heruli, King of, mihtary adoption, 782 Hexham, bishopric of, 572, 582 ra. Highways, the King's, 137, 189-192 Hilary, Bishop of Chichester, 2-4, 15, 16»., 20-23. 2,8. 30-91, 863 Hildegils. See Brorda Hiltrudis, daughter of Charles Martel, 756, 757, 758 Hinomar, Arohbishop of Rheims, 274, 793, 812; at CounoU of Meaux, 793, 794 Hingwar, Danish leader, 543, 544. 580, 617 Hirdmen. See Huscarls Hjemmelsmand, the, 166 Index 887 Hniflunga Saga, the, 613 Hoard (Treasury), the, 681 HodUredus. See Ethelred of Essex Holda, 584, 872 Holdath (Hyld-oath), 699, 778 Holdernesse, Earl of, 612 Holme, battle of the, 468 Homage, 738-749; illustrations of, 755- 776; forms of, 779-781; 809 Homelea (Hamble) river, 441 Homicide, 126. See also Murder Horn, Andrew, Mirror of Justices, 158- 160, 263, 865 Horsa, leader of the Jutes, 450, 451 re. Hospitation, 4, 31, 162, 224, 226 House-breaking, 122, 130, 254, 255 Howel the Good (Huwel), King of the Welsh, and Edward the Elder, 361, 362, 509; and Morgan Hen, 363, 868; and Athelstane (?), 368, 369, 375; and Edred, 385; Laws, 392 Howel, King of the Welsh, and Edgar, 401, 403, 404 Howel, King of West Wales (?), and Athelstane, 366, 370 446 Howel, British prince, 356 Hrani. See Raulf , Earl HroUaug, King in Naumedale, Norway, 691 Hubba, Danish leader, 543, 544, 580 Hubert Walter, Archbishop of Canter bury, 152 Hue and Cry, the, 124, 138, 148, 176, 180 m. Hugh Pudsey, Bishop of Durham, 16 re., 23, 647, 857 , Hugh, Earl of Chester, 854 re. Hugh de Mortimer. See Mortimer Hugoline, Chamberlain, 680 re., 681 Humber, river, 347, 378 m„ 398, 531 re., 565 m., 566 m., 567 m., 590, 595m., 596, 603, 606 m. Humfrey de Bohun, Earl of Hereford and Essex, 207 re. Hun, King in East Anglia, 541, 871 Hun, Ealdorman of Somerset, 345, 442 Hunaid, Duke of Aquitaine, 773, 774 Hundred, the, and Frankpledge, 148, 167- 170; inquest in, 221, 223, 225, 245, 253, 257-260; Alderman of, 687; 714; knights of, 728 re. ; 845. See also Ward- staff Hundred Court, the, 144, 145, 162-164, 169, 173, 175, 185, 204-205, 206-212, 213, 250-258, 865; in Iceland, 273 Hune (Andhun, Athelhune), Ealdorman in Sussex, 335 m., 472, 475, 870 Hunstanton, 543 m. Huntingdon, 501 m., 502 Huntingdonshire, 437m., 859, 860; rulers of, 538 Huscarls (Hirdmen), Danish body-guard, 725-726, 727, 728 Hussa (Hulsa), King of Northumbria, 563 m„ 564, 872 Husting Court of London, 229-234, 246, 247, 251, 252 Hutesium, 180. See also Hue and Cry Huval (HuwaU). See Howel Huweyn, son of Morgan Hen, 363 Hwiccas, the, 517-518; rulers of, 327, 512-518 Hyld-oath, the, 778 Iceland, 194; ancient courts of, 205, 272- 273 Icknield Street. See IkenUd Street Ida, King of Northumbria, 562, 563, 872 Idelton, battle of, 565 Idwal (Judual, Ludwal), King of the Britons, 361, 362, 366, 369, 373, 375, 376, 509 IkenUd Street, 137, 189, 191 Immin, Ealdorman of Mercia, 480 Ina, King of Wessex, 335-336, 444 m., 458, 473, 482, 575, 868; Laws of, cited, 176, 185 Indulf, King of Scots, 380 m., 383 re., 619, 627, 661 Infangthief, 122 Ingelheim, Synod at, 768, 782 Ingulphus, Abbot of Croyland, 290, 291, 293, 849 Ingwar, Danish leader. See Hingwar Inheritance, 141, 142; of eldest sons, 824- 826; of daughters, 826, 827-828 Innocent II, Pope, 8 Inquest, trial by, in cases of ownership of land, 103, 238, 247, 248, 250, 251-252; in criminal cases, 158, 162 m., 163, 215, 216, 236, 252, 256-262; under Henry II, 218, 221 ; Anglo-Norman, grafted on to English practice, 231, 235-263; pur chased, 236, 256, 257, ,259, 260; in Nor man law, 265, 267-270. See Clarendon, Assize of, Jury, trial by Inquisitio Eiiensis, 846, 874 Inquisition, the (Spain), 832 Inquisitions, and Domesday, 846-848, 858, 874 Intestacy, 141 Investiture, symbols of, 325-326 Ipswich, 528 m., 713 re., 847m. Ipwines Fleet, Kent, 450 Ireland, Danes in, 375, 378m., 390, 391; 566 m., 572, 784 Iric. See Eric Irmin Street, 189, 191, 192 m. Irminsul, the, 191-192, 195, 207 Italy, 755, 768 Iukil (UlkiU), King of Westmorland, 400, 401, 403 Ivo, Bishop of Chartres, 844 Ivo TaiUebois, 524 m., 871 Jaenbehrt, Archbishop of Canterbury, 460 re. James, King of GaUoway, 400, 401, 403, 404 Jarls. See Earls Jehmarc, King of the Scots, 415, 416, 627 Jettison of cargo, 142 Jewish money-lenders, 8, 27-29 888 Index Jew's House, the, Lincoln, 229 Jocelyn, Bishop of Salisbury. 647 Johannes Medicus, King's chaplain, 275 Johannes the Spaniard, Vassus of Charle magne, 745-749 John, Dean of Chichester, 45, 46, 61, 54, 55 John, King of England, King's Peace under, 151—152; wager of law under, 165; 784; Records of, 857 John XI, Pope, 376, 868 John of .Salisbury, 5, 22 n. Jomsburgh, pirates of, 662 Judges, in the Placitum, 821 Judgment of the Hundred, the Shire. See under Hundred, Shire, etc. Judgments and judges, laws as to, 129, 142, 143, 144, 145 Judual. See ldwal Jukill. See IukU Jumieges, abbey of, 764 Junior, 740, 741 Jurats, 807 Jurors, presentment by, 163, 181m., 252, 253-262; in criminal cases, 163, 172 n., 181 m., 253-261 ; developed from Anglo- Saxon Echevins, 231; witnesses, 236; in ownership of land, 248, 250-251, 687 m„ 688m.; of the Hundred, 257, 258, 261, 273, 687m., 688m.; of the county, 259, 273; of the township, 259, 262; in Norman law, 268-271; in Domesday survey, 845. See Jury, trial by Jury, trial by, 236-263, 267; examples of, 105, 237-263; Anglo-Norman practice, ib., 252; in Norman law, 267-272. See Inquest Jus Aulicum Norwagiae (Hird Skrd), 690 Justices in Eyre, 213, 216, 227 Justiciar, the, 104 Justinian I, Emperor, 478 m. Jutes, 331; in Isle of Wight, 438-441; in Hampshire, 439-440; in Kent, 450- 452, 467 Juthwal (Jeothwel), King of the Britons. See ldwal Kempsford, battle of, 516 Kenelm, son of Cenwulf, 488 Kenneth, King of the Picts, 576 Kenneth Maealpine, King of Scots and Picts, 617m., 618, 026,' 601 Kenneth III, King of the Scots, 394, 395, 397, 398, 400, 401, 403-407, 696, 021, 627, 661 Kenred. See Cenred Kent, 170. 171. 180 w., 335. 345. 437; territory of, 109: -190, 505; reliefs in, 702 ;mi'litn iv service in, 71 1,71 4. 7 15 «., 716; 737, K09; rulers of, 450-469 Kcntigern, St, till! n. KenuU. See Cenwulf Keynor. See Shorehnni Kiersy (Quierzy-sur Oise), 762 Kiersy, Capitulary of. See Capitulary King, administers justice in person, 1-119, 136, 213-218; fines and dues paid to, 123, 124, 132, 143, 144, 147, 148, 149, 176, 692, 693 m., 706; appeal to, 145; relief due to, 133, 700-702; land es cheated to, 151m., 180, 181, 223; his Gerefas, 179, 181; enforcement of law by, 181, 182, 183, 225-228; and Ward- staff , 207, 208, 2 1 1 ; prisons, 224 ; forests, 225, 227; derivation of title, 662-663; among Anglo-Saxons, 662-672, 691; coronation ritual of, 669; officers of, 672-685; and the Earl, 689, 692; and tenure of land, 695, 696; and the Fyrd, 707-719; body-guard of, 725-727, 728; summons his'CouncU, 732, 812- 819; legislates with his Council, 784- 844; and homage, 738-740, 809; pre sents law to the Assembly, 784, 800. 802; receives petition from Assembly, 784; examples of legislation based on petition to, 784-800, 808, 824-844; examples of legislation framed by, 802-812; elected, 845 Kingsbury, Witenagemot at, 294, 677 King's Chapel (the Chancery), 3, 40, 41, 107, 274-275, 323, 672-676 King's Court (Curia Regis), rolls of, 1; pleading in, 8, 15, 26, 93, 100, 102, 105, 107, 145. 151, 152. 162; record of, 165, 213-21S See also King King's Enham. See Enham Kingsfrith, royal forest, 225, 227, 245, 246 King's Halydome, Charters kept in, 323 King's highways, 137, 1S9-192, 691,692. See also Fosse, Irmin Street, IkenUd Way, Watling Street King's" justices,^, 132, 136, 152, 166, 223, 224 King's manor, 727 n. King's market, 135 King's mercy, 105 King's Peace, 122, 137, 150-152, 161, 211, 212 n., 216. 253. 259. 692, 717m. King'B retainers, 162. See also Services King's Seal. See Seal King's seat, place of judgment, 195-197 King's tenants. 249. 800, 835 King's thane, 700, 720. 725 Kingston, Surrey, 322, 365, 381, 3S5. 387, 411 Kmg's Writ, 1. 3; in Anesty case, 9, 10, 14, 15. 17, 26, 27; and King's Peace, 150, 151; examples of, 104,^237-240, 242. 245. 246, 247. 248, 251, 25S; addressed to thanes, 721 Kinsi, Arohbishop of York, 603, 622 Kintyre, 614 ». Kirshope river, 614 n. Kit Coity's house, 451 ft. Knife or dagger used as symbol, 325 Knight Hospitaller, 830 Knights, Knighthood, 722-723, 781-784; in Assemblies, 830, 832, 833 Knights, bear record, 215, 216; inquest by, 216, 217, 267 Index 889 Knights, the Four, hold shrievalty of County, 104; bear record, 215, 218; 267, 268 Knight's fee, 9m., 287 m., 305, 825, 857 Knights of the Shire, 858-862 Knight's Service. See MUitary Service Knight Templar, 35, 830 Kyle, 614 m., 617 Laen (Laenland, Lehn, Loan), 283- 288, 693 re., 697-699; instances of, 312, 521, 544, 691, 722, 736 m., 737. See Benefice Lsesiwerpo, Precept of, 742, 749-752 Laestingaeu, monastery of (Lastingham), 569 m. Lagemen of Cambridge, relief due from, 701 Lanarkshire, 614 m. Lancashire, 614 m.; thanes of, 725; 860 Lancaster, Ealdorman of, 528 Land, escheated, 180, 687m., 703, 710; possession of, a rank qualification, 198, 734; sold to pay Danegeld, 728-729; inheritance of, 694-697, 824-828; measures of, 849, 850, 851 ra. Land-boc. See Charters, Anglo-Saxon Land, conveyance of, by rhythmical legal forms, 185-187; 282; by symbols, 325- 326; 694. See Charters, Anglo-Saxon Land-gable, 692, 854 Land, grants of, 176m., 283-288; ex amples of, 298, 302-312; for three Uves, 311, 312, 314, 323, 696-698; 693-707,753-754. See Charters, Anglo- Saxon Land tenure, laws of the Conqueror as to, 136, 139; by service, 211, 693, 716- 719, 753-754, 822-823; and battle trial, 280-282; under the Lombards, 281- 282; 693-707; alienation of, 727; sur render of, 752. See Benefice, Charters, Anglo-Saxon, Fealty, Feudality, Ho mage, Services Lanfranc, Archbishop of Canterbury, 3, 32, 52, 77, 84, 237, 720 Langue d'oc (language), 139re. Languedoc (province), 808, 843 re. Langue d'oil (language), 139 m., 219 m. Laon, and Ordinance of Chartres, 807 re. Laslite (lahslit), fine, 143, 144, 865 Laws. See under names of peoples and kings Lea river, 355, 499, 544 re. Leech fee, 127, 157 Leeds, frontier town of Britons, 6 14 re. Legalforms, 183 m., 185-188; metrical, ib., 196-198; magical powers ascribed to, 192-194 Legislation of the States of the Frankish Empire, 784-812, 824-844 Legraceastre. See Chester Leicester, 503, 508m., 532, 591m.; mUitary service in, 713 Leicester, Earls of. See Robert, Simon Leicestershire, 528 re., 859 Lenbury, taken from the Britons, 332 Leofcild, Shire-Gerefa of Essex, 561 Leofric I, Earl of Chester, 523, 524 Leofric III, Earl of Mercia (Chester, Hereford), 323, 418, 423, 425, 505, 519 re., 524 m., 525-526, 601 re. Leofric (keeper of the Wardrobe), 682 m. Leofsige (Ealdorman), 179, 319, 320 re. Leofstan, Abbot of St Albans, 717 re. Leofwine (? Leofsige), Bishop of Worces ter, 519 m. Leofwine, Ealdorman of East Anglia, 180 m. Leofwine, son of Leofric II, 449 m., 524 Leominster, monastery, 423 Leowton (Lewton, Luton), 372, 868 Lethra, 544 re. Leudes, Lieges of the King, 740 Leumund, denunciation upon, 202-204 Liber Winton., 854-857, 858 re. Liming, monastery of, 468 m. Lincoln, Jews of, 27 m.; Jew's house at, 229; Danish burgh, 411, 503, 532; Lawmen of, 536 Lincoln, Bishop of, 19, 20m., 22, 23; to receive and escort the King of Scots, 657, 658 Lincolnshire (Lindesay, Lindisige, Lin- disse), 411, 572, 598; Justices in Eyre in, 216; 859, 861; rulers of, 531, 536 Lindisfarne, 572, 573, 577 Lindsey. See Lincolnshire Liodkest, law, 805, 806, 808 Liof, murderer of King Edmund, 381 Liutprand, King of the Lombards, law as to battle trial, 281, 282 Livery, 326, 746-748 Livingus (Lyving), Bishop of Worcester, 323, 419, 421 Llandaff, cathedral, 364 LleweUyn, King of Demetia, 379m., 619m. Llongborth, battle of, 331, 444 Llywarch Hen, Prince of Argoed, 444 m., 616 Logretta, the, in Iceland, 272, 273 Loidis, Lothian, 634, 873 Lollards, the, 220 Lombards, battle trial among, 281-282 Lomond, Loch, 614 ra. London, 8, 14, 16, 17, 18, 19, 20; journey to Rome from, 21».; 25, 26 34, 35, 36, 56, 74; tower of, 82; privileges of citizens of, 161—162; architecture in, 229; building regulations in, 229-234; port of, 240; and dispute with Abbot of Caen, 246-249; in history of Anglo- Saxon kings, 358, 394-398, 411, 413, 415, 418, 429, 487, 499m., 500ra., 503, 504, 508, 556ra., 559, 560; 632, 642m., 717ra., 718ra., 720m., 734re., 735re., 813; not in Domesday, 854 London, aldermen of, 229-234, 251, 687 London, bishopric of, 72, 81, 454, 556 London, burgesses of, 411, 413, 432-434, 714,715 m. London, Uthsmen of, 418 London, mayor of, 230-234 London, port-gerefas of, 562 56—5 890 Index Lothair, Emperor, grants benefice, 754 Lothian, and Scottish kings, 397-398, 595 ft., 590, 627, 628; 614m., 615, 634, HI 3 Lots, casting of, and compurgation, 161m. Louis le Debonnaire, Emperor, 195, 272; lJrap,ceptum pro Uis]>anis,Hl «., 742m., 745; and benoficiary tenure, 744 749, 774; anointed, 762; and knighthood, 782, 783; Vila, ib., 784 ft., 818; 785m.; and legislation, 789, 801-804; writ of summons of, 814 Louis Iu Germanique, King of the Franks, 755, 813 Louis II, King of France. S73 Louis Vi (le Gros), King of F ranee, 808, 844 Louis VII, King of France, 297, 808 Louis IX, King of France, Ordinances of, 808, 832 Loup-garou. See War-woh ( Wei e- wolf) Lucia, daughter of Algar of Mercia, 523 ra., 524ra., cm Ludioa, King of Mercia, 348, 349, 490 n., 491, 542 LudwaL See ldwal Luitberga, wife of Tassilo III of Bavaria, 761, 764, 769 LuUus, Archbishop of Mainz, 460 m. Mabel de Francheville. See FrancheviUe Macbeth, King of the Scots, 423, 424, 425 Maccus, King of Man (of the Isles), 394, 395, 398, 400-404 Maccus, son of Anlaf (Olave), Ealdorman, 593 Msegla, Saxon leader, 331 Maelbeth (Moelbeth), Scottish king, 415, 416, 627 Magesetania, territory of, 518. See also Hwiccas Magistrates, in Iceland, 272; represent towns, 812 Magna Carta, cited, 166, 219, 865 Mainour, the, 180, 181m. Mainpast, the, 173 n. Malcolm I, King of Scots and of Cumbria, 378m.-380m., 381, 383, 384 «., 619, 626, 627, 661 Malcolm II, King of Cumbria, 392, 400- 407, 620, 621, 661 Malcolm i.1, King of Scots, lil of Cumbria, refuses to pay Dangeld, 4(17, 621; 415, 416, 027, 061 Malcolm Canmoro, HI King of Soots, IV of Cumbria, 417, 423-425, 603, 622, 027- 639, 601 Maldon, batt lo of, 500 Maldred, sou of Crinan, 608 m., 611 Maleeredence, 181, 202 h. MaUum (I'laoitum), the, in Britanny, 271- 272, 820 Mallum (Placitum), the Prankish, 799; legislation exercised in, 800-812, 820- 824; composition of, 800. S07. 816, 820- 821; suiniiions to, 800, 812-815 Mulmesbury, 532 «.., 730m. Man, Isle of, 206, 565, 576, 577 Manbote, 126 Manor, Courts of, 206 Mansus, the, 850 Manucaption, 258 Marcant. See Morgan Mareschal, William, 152 Margaret, wife of Malcolm Canmore, 628 , 033 ft., 636, 640, 661 Mark (coin), 9, 863 Marmoustier, abbey of, 3, 863 Marriage and wardship, 705-706 Maserfelth, battle of, 669 Mathraval, Wales, 428 Matilda (Maud), Empress, 152; acknow ledged in England, 642, 643, 873 Matilda, wife of William I, 250 m., 530, 673 MatUda, wife of King Stephen, 13 Maximus, Emperor, 614 Meanwara Magth, Hampshire, 334, 471, H68 Meaux, CouncU of (845), 793-795 Jlechdeyrnged (tribute), 428, 869 Medhamstede, 480 ra. See also Peter borough Medina del Campo, Cortes at (1303), 797 n. MeUde, Peter de, 15, 17, 19, 20, 26 Meiigast, Prince of the Wiizi, 817-819 MeUitus, Bishop of London, 429 Mercia, laws of the Conqueror in, 122, 123, 127, 131, 135; Frankpledge in, 172; reUefs in, 700; rulers ot, 477-538, 595 Mercredesburn, 469, 470 ra. Merfyn, son of Roderic of Wales, 354 n. Merscware, the, 402; ruler of, 469 Merse, the, part of Lothian, 614 ra., 6-7 Mersey, river, 52s n. Merton, death of Cynewulf at, 341 n. Merwald, King of Westhecana (Hereford shire), 481, 522-523 Mesne Tenant, rehef of, 133 Meurug, King of Gwent, 356 Mevanian islands, 566 n., 567 n. Michel Wongtune, Oswulf kiUed at, 575 Jxiddle Angles, rulers of, 506 Middlesex, 559; rulers of, 561—562 MUitary adoption, 781-784 MUitary service, 1, 707-719; exemption of clergy from, 1, 707 »., 795-797; in return for land held, 284-288, 305- 324. 433/1., 694, 723, 724, 753, 758, 822, 823, 857, 858; local customs as to, 711-715. See Benefice, Fealty, Feudality, Homage, Services Military Tenure. See Military Service MUky Way, the, 191 " Mine-law," Court, Forest of Dean, 161 ra. Mneforth, in Deira, 397, 596 Mirror of Justices, by Andrew Horn, 158 Missus, the king's commissioner, 776, 800, 804, 814. 820 Modbury (Mot-beorg), 206, 207 m. Modus faciendi homagium, 780-781 MoU, Ealdorman of Northumbria, 578 Mollo, 439, 4;,7, 458 Molmucius, King of Britons, 189m. Index 891 Mona, Island of, 621 n. See Anglesea Monasteries, exempt from taxes and services, 2, 246. See Services Monte Cassino, monastery, 282 Montfort, Simon de. See Simon Moot-hills, 206 Moravians, the, 755 Morcar, Earl of Northumbria, 432-434, 524 m., 528 re., 604re.-605re., 605-608, 673 m. Morcar, Thane of Danish Burghs, 321, 504, 532, 535 Morel of Bamborough, 639 Morgan Hen, 363, 365, 375, 385 Morgant, King in Strathclyde, 615 re., 616 Mortain, Count of. See Robert Mortimer, Hugh de, 42, 43 Mount Carno, battle ot, 483 Mucca (Mucel), Ealdorman of Mercia, 490 Murdac, Henry, Archbishop of York, 16 m. Murder, 126, 127, 136, 137, 162, 158, 162, 164 re.; and Frankpledge, 168 re., 169m., 172m„ 173; 216; suspicion of, 252-256, 267, 279; aiding and abetting, 255; 256-261 Murdrum (Murder-fine), 136, 158m., 172 m., 173. See also Murder, Were Mutilation (criminal), were for, 128, 129, 152-160, 864 MutUation, sentence of, 140, 183, 184, 222 Naifs, 139, 865 Namium. See Distress Narbonne, 745, 747; legislation in, 834r- 844 Nastheit, German law, 160 re. Naumedale, in Norway, 690 Naval Service. See Scyp-fyrd Nazanleod, leader of the Britons, 331 Nechtansmere, battle of, 573 Neustria, 757, 774, 783 Newbottle, Abbot of, 649 Newgate Gaol, torture in, 265 m., 266 Niel, King of Northumbria, 587 Nominoe, Ruler of the Bretons, 267, 271, 272, 820 Norfolk, 859, 861 Norman Conquest, the, 174, 687, 692, 719, 721 re. 725 Normandy, 9, 24, 411, 412, 418, 704m. Norman Juries, 267-271 Norman Law, 213, 264, ,267 Northampton, 11, 14, 604 m., 607 m., 735 m. Northampton, Assize of, 213, 220, 221 m., 222 m., 866 Northamptonshire, Moot of, 238; Danes of, 358, 361, 501, 502; 859; rulers of, -531 Northman, Earl of Mercia, 449 m., 524 Northumberland, 859, 861 Northumbria, 411, 436, 544 m.; kings of, 562-594; earls of, 594-613, 698; genealogical table, 611 Northweorthig. See Derby Norway. See Iceland, Scandinavians Norwich, 19, 551m., 847 re. Norwich, bishopric of, 554 Nothschoppe, in Vehm Gericht, 200 Nottingham, 494ra., 495m., 509; Danish burgh, 503, 532; 649 Nottinghamshire, 358, 528 m.; reUefs in, 702; 859, 861 Nunna (Numa), King of Sussex, 335, 473, 474 re., 870 Nuremberg, 542 m. Oaths, compurgatory, 123, 129-131, 135, 142, 149, 160-166, 204, 221-223, 248, 724, 864; proof by, 135, 864; forms of, 160-161, 865; fore-oath, 160, 724m.; rhythmical, 187. See also Compurga tion, Fealty Oaths, of sheriffs, 220; of witnesses, 213- 216, 221-223. See also Inquest, Jury, trial by Obodriti. See Abotriti Odda, Earl of Devon, Somerset, etc., 442, 443, 446, 448 OdUo, Duke of the Bavarians, 756 Odin (Woden), 478 m., 479 m., 531m., 584 m. Odo, Abbot of Battle, 107-109 Odo, Archbishop of Canterbury, 322, 388, 591 re., 592 Odo, Bishop of Bayeux, his seal, 297 Offa, father of Erkenwine, 478 re., 555 m., 556 Offa, King of Mercia, charters, 295, 460 re., 474 m., 475 m., 486 m., 514 m., 515 re,, 558 m., 705 m.; his reign, 341, 343, 474 ra., 484 m., 485-486, 541, 645; 472, 483; his coins, 489 m.; 870 Offenbare Ding, Vehmic court, 201 Offerus of Northumbria, 574 Officers of State of Anglo-Saxon Mon archy, 672-685 Olave, King of Lethra, 544 re. Olave (Onalafbald), Holda, 584, 586 Olave (870), Danish leader, 617 Olave. See Anlaf Old BaUey, torture at, 266 Old Saxons. See Saxons Olney, in the Severn, 415, 869 Ongar, 9re.-13re., 56, 205 ra., 207-212 Onna, King of East AngUa, 479 m. Oral testimony, record by, 213-218 Ordeal, trial by, water, 130, 131, 222, 225, 226 m., 236, 253, 255, 256; fire, 130, 236, 252; hot iron, 204, 253, 254, 255; 235, 236 Ordgar, Ealdorman of Devon, father of Queen Elfrida, 447-448, 549 m. Ore (coin), 123; value of, 864 Orleans, 807 re., 844 Orm, Earl, 591 m., 592 Osbald, King of Northumbria, 576, 577, 578 Osbert, Ealdorman of Northumbria, 583 Osburgh, mother of King Alfred, 439 m. Oscytel, Archbishop of York, 399 Oscytel, Danish leader, 580 Osgod Clapa, 421, 562 892 Index Oshere, Ofhere, King of the Hwiccas, 300, 513, 514 m. Oslac, Pincerna of Ethelwulf, 439m., 677 Oslac, Earl of Doira, 397, 409, 594 m., 595-590 Osmund, King of Sussex, 474, 541m. Osred, Thano of King Ethelbald, 515 re. Ostphalia, Saxons of, 804 Ostrytha, Queen of Mercia, 482 Osulf. See OswuU Oswald, Archbishop of York, Bishop of Worcester, 311, 312, 313, 395, 401, 4O3,410,411,510ra.,696n.,697, 705 ra., 722 Oswald, King of Northumbria, 333, 479 m., 480 n., 565, 500n... 568-569, 620 Oswald's law, Hundred of, 312, 698, 703 ra. Oswin, ruler in Northumbria, 575 Oswin(Ewin). See Owen, King of Strath clyde Oswio (Oswy), King of Northumbria, Bretwalda, 333, 454, 480, 566 ra.; his reign, 480, 540, 565, 569-571, 610, 611, 626, 723 m. OswuU, Earl of Northumbria, 397, 593m., 594-596, 611 Oswulf, Earl of Bernicia, 607, 608, 611 Ottford, battle of (776), 485 Ouse, river, 355, 499, 544 ra. Outlawry, sentence of, 149, 151 re., 168m., 172 n., 180 ra., 183, 192, 193, 204, 215, 217, 222-226, 692 Ovin of Ely, 555 ra. Owen Danwyn, son of Eneon Urdd, 616 re. Owen, King of Deheubarth, 868 Owen (Uwen), King of Gwent, 366, 368 Owen (Eugenius, Eocha), King of Strath clyde, 371, 375, 618, 619, 626, 661 Owen, Prince of North Wales, 25 re., 645 Owen (Eugenius, Huganus), King of West Wales, 375, 445, 446 re. Oxford, 23; County Court of, 215, 217; ecclesiastical council at, 220; 240, 241, 358; Councils at, 417, 418, 504, 505, 532-535; 508, 607 m.; Provisions of, 684; Parliament of (1258), 830 m. Oxfordshire, 437 re., 530, 859, 861; rulers of, 529 Pamiers, Parliament of, 807, 808, 829-831 Pannage, right of, 245 Pannonia, 765 Papal BuUs, 291 Papal ( lourt. See Rome Paraverdee, 306 Paris, burgesses of, 807 n. Parliament, in England, 294. 830 «.; and conservancy of 1'eace, 858 -802 Parliament, in France, early, 807-812, 829, 830, 831 Pasohal 11, Pope, 023 PaulinuB, St, Bishop of York, 531)!., 567 re. Pavia, 75H, 763 i'lii. domini, the, 40, 83 Peace, Conservanoy of. See Conservanoy Peace, King's. See King's Peace Peada, King of South Mercia, 479-480, 506, 570 Peckham, John, Archbishop of Canter bury, letter describing the Welsh, 275- 278, 866 Pedrida (Parrett), river, 333 Pedridan-mulha, battle of, 443 Peirae Forte et Dure, 263-266 Penda, King of Mercia, 333, 479-480, 481 n., 539, 540, 568, 569, 570 Pennenden, Shiremoot at, 716 ra. Penrith, 181 re. Peonnum, Britons defeated at, 333 Pepin-le-Bref, King of the Franks, and Eadbert, 574; and TassUo of the Bavarians, 750-760; 773, 774 Pepin, King of Lombardy, 762, 768 Pepin, King of Aquitaine, 774 Pershore, monastery of, 443, 510 Personal injuries, compensation for, 152— 160, 865 Peter's pence, 131, 728 Peterborough, 735 ra. Petrus de Valoignes, 536 Pevensey, castle of, 687 n. Pevensey, rape of, 12 Philip II, King of France, 297 Philip IV, King of France, 811, 812 Pibba. Set Wibba Pictel, ruler in Northumbria, 575 Picts, Bishop of. See Trumwin Picts and Scots, 332, 397, 565, 568, 569, 571, 872; kings of, 625-661; genealogi cal table, 661 Placitum, the Frankish, 758, 761, 777, 801. See also MaUum Plenting. See Wlencing Ploughland. 303, 307, 850 Poisoning, 141, 236 Ponthieu, battle of (939), 544 n. Port, Saxon leader, 331 Portland, Danes defeated at, 443 Pound, cattle, 125 Powys, 485 Precarise, Pr&stitae, Preslarim, 2S3-287, 521 n., 697 n., 698. See also Benefice Precept of Laesiwerp. Ste Lsesiwerpo Predenecenti, the. 816 Priests. See Clergy Priests, pagan, in Iceland, 272 Primogeniture, law of, 824-S28 Probi liomines. the, 245, 251 Promotion, law of, 187 Proof by oath, 135, 864 Proyins, burgesses of, 807 m. Pucklechurch, 381 Punishment, summary, in English Law, 180 Queen, the, as regent, 9, 10, 44 Rachinburgii, 821 Radbod, Breton, epistle of, 364 m., 868 Radhard, King of the Britons, 620 ft. Ritdbordii, 685 Undyifan, 683 Index 893 Ragnar Lodbrok, Danish leader, 580, 581 Ralph, Abbot of Battle, 96, 97 Ralph, Archbishop of Canterbury, 624 Ralph de BeUomonte, King's physician, 27, 29, 58, 117, 119 Ralph Brito. See Brito Ralph Flambard. See Flambard Ralph LuUa, King's chaplain, 275 Ramsey abbey, 521re., 547m., 549re., 551 re., 697 re., 871 Ranulf de GlanviUe, Justiciar of England, 1, 6 re., 25, 218 Ranulf le Meschin, Earl of Chester, 252 re., 524 re., 871 Raulf, Earl of Hereford (of the Mage- saste), 519-521, 525 m., 697 re., 871 Raymond II, Count of Toulouse, 820, 823 Raymond VII, Count of Toulouse, 807, '832 Re, island of, 774 Reading, 26, 28, 441; abbey, 25 re. Rech-dyke, the, 554 Record by oral testimony, 1, 213-218 Record of Court, 213, 217 Records, national, 1-2, 857; relating to Frankpledge, 168 re., 172 re.; relating to trial by jury, 235, 248, 252-263 Redwald, King of East AngUa, Bret walda, 332 m., 454 m., 539, 540, 563, 565 Reeve, misoonduct of, 122, 180, 262; 125, 170, 262, 724. See also Gerefa Beferendarius, the, 274, 299, 300, 672, 873 Reginald, Earl of CornwaU, 43 Regnald (son of Ivar), King of North umbria, 358, 360, 361, 584-588 Regnald, King of Northumbria, 378 m., 381, 592 Regnald, brother of Eric of North umbria, 593 m. Reinbald, ChanceUor, 672 ReUefs, 9 re.; law of the Conqueror, 133; 700-703; exemptions from, 702re., 703 m. ReUgious Houses, restrictions on hospi tality in, 228 Remigius, Bishop of Lincoln, 720 m. Renfrewshire, 614 m. Repton, 484, 497 re. Rheims, 793, 813, 814, 844 Rhodri. See Roderic of Wales Rhuddlan, battle of, 486 Rhys, King of Gleywysig, 356 Rhys, King of the Welsh, 423 Rhys, Prince of South Wales, 645 Ribble river, 528 m., 572 Ricbert, 539 Richard de Anesty. See Anesty Richard, Bishop of London, 62, 91 Richard de Lucy, Justiciar, and Battle abbey disputes, 4, 35-91 passim, 107, 108; his holdings, 9re.-13re., 18 m., 26 m.; and Anesty case, 10, 14, 24, 25, 26; and use of Seals, 101, 296; 245 Richard I, King of England, and RoUs of the Curia Regis, 1; Assizes of, 218; 231; and King of Scots, 656-660; and taxes, 728 Richard II, Duke of Normandy, 296 re. Richard, son of Lothar of Kent, 456, 457 re. Ricola, wife of Sleda, King of Essex, 556 Right and left hand among Goths and Celts, 155 re. Ripon, monastery, 572 re., 592 m. Roads, king's, guardians of, 138, 864 Robberd, StaUere of Essex, 561 Robbery, 123, 163 re., 257-262 Robert de Beaumont, Earl of Leicester, Justiciar, 10 m., 26, 58, 61, 62, 79, 91, 247, 251; and Abingdon market, 242- 244 Robert Fitz Hamon, 854 m., 855 m., 856 ra. Robert of Gloucester, 863 Robert Bloet, Bishop of Lincoln, 675 Robert, Count of Mortain, 237 Robert II, Duke of Normandy, 628, 629, 633-638 Robert Comyn, Earl of Northumbria, 608, 872 Robert Bruce, King of Scots, 207 m., 220 Robert de Yclesham, 104-105 Rochester, bishopric of, 454, 469 re. Rochester cathedral, land bequeathed to, 283 re., 304, 306, 319 Rochester, city, 456, 719 Rodberd, Bishop, 562 m. Roderic (Rhodri) of Wales, 353 re., 366 Roger Fitzgerald, 524 re., 871 Roger de Toeni, 718 m. Roger, Archbishop of York, 62, 79, 91, 647 Roland, son of Uchtred, 654, 655 Rome, Church of, 67, 68 Rome, the city, journey to, 21 re.; 335; English School in, 376, 497 m.; 415, 416; Burhed of Mercia in, 497, 498m., 762, 763, 765 Rome, Court of (the papacy), 16n. ; appeal to, 19, 20, 21, 24, 27, 28, 48, 86, 376 Rome, the empire, benefices in, 282, 284; medieval parliaments develop from legislation of, 797 Romney, 92, 462, 469 m. Rothar, King of the Lombards, 281 Rouen, Archbishop of. See Walter of Coutances Rouen, province of, 813 Royal Officers, Frankish, 274-275; Eng lish, 662-692 Ruim. See Thanet, Isle of Rumsey, 24 Run, King of the Britons, 617, 661 Runemede, field of private councU, 683 Rutlandshire, 861 Rydale, church of, 692 m. RywaUon, King of the Welsh, 425-427 Sac and Soe, 2, 122, 711 SaekviUe family, the, 5-29 passim Saessenaeg hahail. See Epsford St Albans abbey, 20m., 295, 717m., 718re. St Augustine's monastery, Canterbury, 239,240, 323; charters of, 15 re., 288, 291, 298, 299, 702 re., 867 St Frideswide's church (Oxford), 532 ra., 533 re. 894 Index St Helen's ohuroh, 176, 866 St Martin's ohurch (Canterbury), 702 m. St Martin's church (London), 673 m.- 674 n. St Medard, abbey of, 291 St Michael's Mount, 219 St Ouen, abbey of, 291 St Stephen's abboy, Caen, lands granted to, 210-252 Safford, owned by WuUric, 528 m. Salian Franks, the, 820 Salie Law, 193, 804 Salisbury. See Sarum Salisbury, Bishop of. See Jocelyn Salop. Kuler of, 528. See also Shropshire Samson, Bishop of Worcester, 851, 854 m. Samson, Bishop of York, 562 Sandwioh, 239, 240, 399, 400, 465m., 716 Saraad (Sarhaed), 428, 869 Saracens, the, exports to, 832, 838 Sarum, 9, 331 Saxnot (Saxnad), son of Woden, 478 m., 556 ra. Saxonia, the Lothians, 614 m. Saxons, the Old, courts of, 191, 203, 204; 331 sqq., 439 sqq., 4 69 sqq , 555 sqq. Saxons (Continental), in imperial councU, 804, 805, 816, 819 Scabini, in the MaUum, 267, 800-803, 805, 807, 820. See Echevins Scandinavians, laws of, 157, 188, 192-194; open air courts of, 207; kings among, 663, 689, 690; earls among, 689, 690 Schoppen, 195 Scot (tax), 2, 246, 863 Scotland, chancery in, 275; symbols of investiture in, 325; relations of, to England, 623 Scots, the, 328; raid Lothian, 398. See also under Scots and Picts, kings of Scots and Picts, kings of, 625-660 Scula, Danish leader, 584, 686 m. Scyp-fyrd, or naval service, 707-715 Seals, royal, 9, 37, 38, 39, 40, 150-151, 297; 101, 295-297 Seaxburgha, Queen of Wessex, 334, 336 m. Sebert, King of Essex, 454, 556-557 Seine river, 774 Seisin of land, by symbols, 325-326 Selred, King" of Essex, 540, 558-559 Selsea, bishoprio of, 335, 471 ra. Selwood (Coitmaur), forest of, 443 ra. Seneschal. See Reeve Senior, 178, 740, 748 Sens, burgesses of, 807 «. Services (land held by), laws of the Con queror as to, 139, 140; entertaining king's retinue, 102. 304, 306; 176h., 2.87 h., 304-324, 693, 090; domestic, 699; 703, 704 n., 705 ft.. 762, 753, 781, 823, 867. 858. See also Land Tenure, Military Service, Bridge and Fortress building, Wardstall Septimania, kingdom of, 748 Settrington (Yorkshire), (10!) Severn river, 344, 348, 485, 526 n. Sexbald of Essex, 557 Shaftesbury monastery, Register of, 287 re., 716 re., 857 Sheffield (Surrey), open air court at, 207 m. Sherborne, bishoprio of, 446, 471 re. Sheriff, and fines, 122, 123; 200, 215, 221; and arrest of criminals, 222-225; and frankpledge, 224, 225; and the Fyrd, 713, 714 Sheriffs Tourn, 174 re. Shilling, 10, 863 Shire Courts, 185, 687 Shire, men of, 213, 713, 715; 687, 845 Shoreham (Cymenesore), 469, 470 ra. Shrewsbury, AUhelm slain at, 528; 701 Shropshire, 172m., 859, 860, 861. See also Salop SicUy, 838 Siclus (money), 309, 867 Sidnacestre, 572 Sidroc, Dane, invades Northumbria, 580 Siferth, King of Wales, 400, 401, 403, 404 Siga, Ealdorman of Northumbria, 576 Sigbert (Sigebebxt), King of East Anglia, 480ra., 539 Sigebald of Essex, 557 Sigeberht, King of Wessex, 338, 339 ra., 340 ra., 439 Sigebertus Bonus, King of Essex, 557, 559, 871, 872 Sigebertus Parvus, King of Essex, 557, 871, 872 Sigebrvht, son of Sigewulf, 468 Sigered (Sigred), King in Kent, 459, 463, 487, 869 Sigewulf, father of Bedeca, 478 ra., 556 m. Sigferth, Thane of the Danish burghs, 321, 504, 505,532, 532n.-535m. Sigwald, Jarl of Jomsburgh, 552 Sihtric, King in Northumbria, 360, 368- 370, 5S7-58S. 592 SUvester, Abbot of St Augustine's, 62, 91 Simon IV, Comte de Montfort, 807, 808, 829-S31 Simon de Montfort, Earl of Leicester, 858 Siric, Archbishop of Canterbury, 314 Sithrundman, fyrdwite of, 708 Siward, Earl of Northumbria, 417, 423- 425. 525 n„ 53S, 601-603, 609, 611, 644 Skjodning, Danish oustom, 325, 742 Slavs, the, in imperial councU, 816 Snorri Sturluson, cited, 690 Soissons, Congress of, 810, 811 Solar worship, 195 Solway. river, 614 ra., 629 n. Somersetshire, 437 n., 443 n., 530, 859; rulers of, 442 Somerton, in Somerset, 337, 483, 868 Sombi, the, at CounoU of Frankfort, 816 Southampton, 10, 14, 56, 859 South Cumbria, 614 m, South Gyrwa, Ealdorman of, 655 South Saxons, the. See Sussex Southumbria, 568 Index 895 Sovereign. See King Staffordshire, 528 re., 859, 861; earl of, 529 Staines, 186 Stainmore (Yorkshire), 181 re., 593 re. Stamford, Danish burgh, 503, 532; 508 m. ; heriot in, 701 States-General, of France, 812 Stephen, King of England, and Battle abbey, 4, 30, 33, 35, 73, 74, 82, 83; lire., 12m., 13m., 70, 93, 98, 246 Stigand, Archbishop of Canterbury, 429, 433, 434, 869 Stigand, Bishop of Chichester, 3, 32, 52, 77, 78 Stoneham (Aet Stane), 441, 869 Stow, monastery at, 424 Strathclyde, 328; Britons of, 358-362, 581; Danes in, 581; subject to arch bishopric of York and Northumbria, 571, 622-625; kings of, 614-625; ex tent of, 614 re.; relations of, to English kings, 622-625 Streetwards, 138, 716. See Watoh and Ward Suffolk, 859 Suit of Court, 703 Surrey, 345, 490, 861; rulers of, 476-477 Sussex, 103, 104, 335, 345, 437, 861; rulers of, 469-475 Swedes, war against Canute, 436 m. Sweyne, Earl of Gloucester, etc., son of Earl Godwin, 437 m., 442, 530, 869 Sweyne Forkbeard, King of the Danes, King of England, 411, 448, 449 re., 504, 526, 532, 551, 552 re„ 598, 729m. Sword, the, a symbol, 160, 326, 782-784 Symbols of investiture (in conveyance of land), 325-326, 742, 763 Taddenscliff (Tanshelf ), CouncU of, 383 re., 592 Talorgan, King of the Picts, 565, 568, 626 Tamar, river, 366, 367, 445, 447 Tamworth, 493 re., 508, 509 m. Tassilo I, Duke of the Bavarians, 756 TassUo III, Duke of the Bavarians, vassal of the Emperor, 325, 738, 740, 741, 757-771 ; summons assembly, 806 Taunton, 335 Tavistock, monastery at, 448 m. Taxes, 728-731. See Bridge bote, Dane geld, Geld, Scot Team (Theam), 2, 122, 167 Teddington, 313 Tees, river, 397, 581, 582re., 588, 596, *i£657, 658 Teliau, St, 444 re. Tempsford, 546 m. Tenant, relief of, 133; 725; power of ^alienation of, 727 Tenants-in-chief, 834, 838 Tenure of Land, 693-707. See also Land Tewkesbury, 530 Thames, river, 345, 346, 349, 355, 388, 389, 415, 434, 505, 544re., 556m., 595re., 614 m., 735 re. Thanes (Ministri), Thanage, fines of, 127, 723, 724; compurgation of, 160; corre spond to barons, 180 m., 700, 719, 720m., 721m., 725; jurors, 231; king's officers, 677-685, 700, 719; heriots, or reUefs of, 700, 701, 702; 719-727; Danish, 722 Thanet, Isle of (Ruim), 450, 455 m., 869 Theft, Thief, 124, 129, 137, 146, 147, 148, 170, 171, 172, 176-183, 257, 261, 262, 268, 864 Thegn. See Thane Theobald of Bee, Archbishop of Canter bury, and Battle abbey, 4, 33-40, 62, 70-91; and case of Richard de Anesty, 10 m„ 14-20 Theobald IV, Count of Blois and Cham pagne, 24 m. Theodon of Bavaria, 763, 764, 768 Theodoric, King of Verona, 429 m., 782 Theotbert of Bavaria, 764 Thetford, 544, 551 Thetford, Bishops of. See Arfastus, Herbert Thief. See Theft ThionvUle, Council of, 784-790; Capitular of, quoted, 804 Third Penny, the, 692 Thomas Becket, (or a Becket) Arohbishop of Canterbury, 10re., 19 re., 58, 59, 62, 65, 69, 76, 79, 91 Thomas, Archbishop of York, 275, 624 Thorald, father of Ulf, 612 Thorbrand, Hold, 599, 600 Thornsseta. See Dorset Thorold, Earl of Lincoln, 525, 871 Thortmund, Ealdorman of Northumbria, 578 Thurcytel, Danish Ear], 358, 501, 502m. Thurcytel, son of Navena, Dane, 598 re. Thurferth, Danish Earl, 358, 361, 501 re., 502 Thuri, Earl of the Midlands, 525 re. ThurkUl, Earl of East AngUa, 415, 552- 553, 600 re. Thurkytel. See Thurcytel Thurstin, Archbishop of York, 623, 624 TiUage of land, law as to, 139, 140, 865 Tinwald Court, 192, 206 Tithing, and Frankpledge, 167-175; 258 Tobias, Bishop of Rochester, 458 re. Tofig the Proud, 421, 678, 732 m. Toll, 2, 122 Tonseti, the, 492 ra. Torture, late example of, 266 Tostig, Earl of Northumbria, 538, 603- 604, 692 m. Toulouse, 17, 25m., 739re., 807, 830m.; CouncU at, 831-832 Toulouse, Bishop of, 829, 830, 831 Towns, represented in Assembhes, 812, 841, 842 Township, court of, 213 Townships, 168, 169m., 204, 221, 250, 255, 259, 260, 261, 262, 728 Traverse-jurors. See Witnesses Tree worship, 207 896 Index Tregoz, Albreda de, 6, 7, 8, 14, 23 re. Trent, river, 173 m., 480 Treves, 16 n. Triads, Welsh, 427 Tribur, Convention of, 789, 790-793, 799 Trinoda Nere^silas, the. See Bridge bote and Burgh bote, Fyrd Troyes, Countess of. See Blanche Trumwin, Bishop of the Piots, 572 TrygSitmal (assurance of Truce), 157, 185 Tudor, King of Brecon, 366 Tweed, river, 603, 029 n. Twyforth, synod at, 573 Tyne river, 580, 581, 582m., 683m., 594, 607, 608 m. Uchtred, Earl of Northumbria, 584 m., 698-599,608, 611 Uffa. See Olla Uffa (Wuffa), King of East Anglia, 329, 538, 539 n. Uffingas, Kings of East Anglia, 638, 539 m. Uhtred, son of Eadwulf of Bamborough, 584 m. Uictred (Uigtred). See Wihtred Uini (Wine), Bishop of London, 481 UU, King of the Swedes, 436 Ulf, ruler of Holdernesse, 612, 872 UU, Shire-Gerefa of Middlesex, 562 UU, son of Dolfin, 604, 606 n. Ulfcvtel, 713 ra. Ulkill. Seelukil UlphUas, Bishop of the Goths, 662 Unnust, King of the Picts, 575, 617, 626 Upton-on-Severn, 311, 867 Uwen, King of Gwent. See Owen Vagrants, 224, 226 Vampires (Broukolaka), 193, 194 Varthing, the, of Iceland, 272, 273 Vassals, the, 285; reliefs of, 703; services of, ib., 711, 724, 742, 753-776; and Thanes, 721, 724, 726; origin of term, 740; inheritance of tenure, 742-749; change of lord, ib. ; surrender of tenure, 749-752; forms of oaths of, 776-781. See Benefice, Fealty, Homage Vassalage, 738; forms of, 776-781 Vassus, 440 m. See also Vassal Vavassors. See Thanes Vehm Gericht, the, 160, 197-205 Vicecomes, the, 713. See also Sheriff Vidame, the, 800 View, Record of, 215 VUlefedose (Alsau) in Carcassonne, 821 Villehardouin, Geoflroi de, cited, 810 Villein (Villain), w ere of, 127; lines paid to, 131; heriots and relief of, 134, 701; 173, 277, 857, 864. See also Churl VUleinage. See Villein Vitalian, Pope, 570 Vortigcrn, British King, 450 Wada, of Northumbria, 577-578, 613 Wager of Law, 165-166 Walcher, Bishop, and Earl of North umbria, 610 Wales (after the Conquest), 26, 57, 857; (before Norman Conquest), 351, 392, 427-428, 713 ra. See also Britons, W ealh- cynn. West Wales WalkeUn, Bishop of Winchester, 275, 675 m. WaUingford, 26; 224, 225; and Abingdon market,240-245, 434; mihtary service in, 712; 720m. Walmer, 393 Walter de Lucy, Abbot of Battle, 2, 4, 30-91, 93-95, 96-106 Walter Espec, 629 re., 630 Walter, Abbot of Evesham, 676 ra„ 703 m. Walter Giffard, 720 ra. Walter, Bishop of Rochester, 647 Walter of Coutances, Bishop of Lincoln, Archbishop of Rouen, 108, 291 Waltheof I, Earl of Northumbria, 598, 610, fill Waltheof II, Earl of Northumbria, 538, 609-610, 611, 650, 673 ra. Wapentake, the, 204, 728 Ward. See Tithing, Watch Wardreeve, 138 Wardship and marriage, 705-707 Wardftaff of Ongar, 205 m., 207-212 Warenne, honour of, 219 Wargus. See War-wolf (Were-woff) Warner, Abbot of Battle, 97, 98 Warranter, warranty, law as to, 134, 146, 166-167, 225, 864 Warwickshire, mihtary service in, 712, 731 n., 859, 871; ruler of, 523 War-wolf (Were-woU), 193, 866 Watch and ward, 138. 173, 716-717. See also Wardstaff Watling Street, 137, 189-491; frontier of Danish territory. 355, 411, 499, 503, 504, 544 m., 59l| 717n. Weala.s, the, 337, 338, 345. See also Britons of the West Wealh-cynn, the. 425, 437, 443m. See also West Wales Wealh -Gerefa, the, 445 Weaponshaw, the, 173 Wear, river, 583 m., 5S4n. Wedding, form of words used, 187-188 Welburga, daughter of Penda, 476 Welland, the river, 361 Welsh, Archbishop Peckham's letter on, 275-27S; laws of, 427. See Britons Wenlock, monastery, 424 Were ( Weregeld). 126-129, 133, 149, 152- 160. 167.' 170. 192. 279, 458, 724, 738, 805. 873; for assaults on clergy, 785- 792 Were- wolf. See War-woU Wertermore, Scotland, 371 Wessex, laws in, 122. 124, 127, 135, 172, 338; dominions included in, 438-450, 464-169; reliefs in. 700; kings of, 331- 450: earls of, 436-137 Westminster, king's oourt at, 22, 23, 36, 38,44, 216, 217, 218, 720 ft. Index 897 Westminster abbey, royal ceremonies in, 36,429, 432, 433, 647, 673; 83, 726 m., 847 re., 849 m.; abbot of, 22 re., 23, 28, 82 Westminster hall, 158 Westmorland, 614re., 859, 861 Weston, bestowed on xEUwen, 547 WestphaUa, Vehm gericht in, 160, 197- 206, 207; and the Empire, 804 West Wales (Devon and CornwaU), 345, 351; rulers of, 443-447. See also Wealh-cynn Whitby, 613 Whithern, bishoprio .of , 614 m., 615 m. Whittingham, 581 Wibbandun, battle of, 453 Wigheard, Archbishop of Canterbury, 570 Wight, Isle of, 331, 334, 335, 440m., 471, 481; rulers of, 438-439 Wiglaf, King of Meroia, 347, 348, 349, 491-492, 498 m., 517 Wigod, Prefect of Linqoln, 537 Wihstan, of WUtshire, 516re., 517m. Wihtred, King of Kent, 335, 456, 457- 458, 869 WUfred, Archbishop of York, 182, 471 m., 472 m., 487 m., 571m., 572, 592 m. WiUiam of St Carileph, Bishop of Durham, 238 WiUiam I, King of England, and Battle abbey, 2, 3, 30-37, 59-65, 77, 94, 96, 107; Writ of, 237; 244, 296, 297; his reign, 430-135, 527, 530m., 608, 610, 632; and Scotland, 628-632; Domes day, 632, 848m., 852 re.; 640 re.; his styles, 669; the Chancery under, 673, 704m., 717re., 719re.; taxes, 731; 783, 846 re. WiUiam I, Laws of, 120-191, 864; 629m.; heriot or relief in, 700, 701 m. WUUam II, King of England, 60; Writ of, 238; his reign, 530m., 633-642; and Scotland, 633-642; 675; survey, 849, 851 WiUiam, Count of Flanders, 775 WiUiam of Ypres, Earl of Kent, 93 WiUiam, Bishop of London, 561 m., 562 re., 673 re. WUUam the Lion, King of Soots, 439 ra., 645-658 William Giffard, Bishop of Winchester, 856 WUUam, son of Henry I, Writs of, 239, 240 WUtshire, Fyrd of, 441; 443 m., 859; rulers of, 441 Wiizi. the, 816-819 Winchcomb, 852 re., 855 m.; church of, 462 m. Winchelsea, hundred court of, compur gation at, 162-165 Winchenhale, battle of, 575 Winchester, 14, 20, 28, 105, 233; and the kings, 352, 365, 376, 390, 422, 423, 660, 720 re., 783; 442, 472 re.; survey of, 854-857; rulers of, 440-141 Winchester, bishoprio of, 333, 335, 476 ra. Winchester cathedral, 847 re., 849 re. Windsor, king's court at, 25, 28, 646, 654, 784, 813; 186, 245 Wini. See Uini Winwid, battle of, 480, 540 Wirral, the, 528 re. Wissende, or Witan, of Vehmic tribunals, 199, 200, 203, 204 Witenagemot, the, 732-737; confirms landbocs, 179 «., 180 m., 301-324; 293; composition of, 327, 328, 732-735, 778; of Kent, 170, 462 re., 737 re.; of Mercia, 308, 309, 489 re., 493 re.; and the fyrd, 707 re.; of the Shire, 737m. Wites. See Fines, Were Withelard de Balliol. See BaUiol Witnesses, 134, 145, 146, 733 m., 865; examples of, 249, 260, 261. See also Inquest, Jury, Trial by Wlencing (Plenting), Saxon leader, 469 Wodnesburgh, battles of (591), 332; (715), 335, 482 Wolverhampton, 596 re. Wolves, 192, 193; tribute of heads of, 392 Women, in battle trial, 279; weregeld for, ib. Woodstock, 26, 29, 239, 645, 784 Wood Street, property of Caen abbey in, 246 Worcester, city, 172, 289 m., 518, 525, 603 m. Worcester, bishopric of, 493 m., 517, 518, 525 ra., 697m.-699ra., 704 Worcester cathedral, 311-314, 323, 390, 699 re. Worcestershire, exempt from Frank pledge, 172 re. ; military service in, 711, 722 ra.; earls of, 518-521 Worms, assemblies at, 760, 761, 762, 767, 795, 799; Capitularies of, 795, 802 Wounding, were for, 127, 133, 864 Wreck, Right of, 92-95 Writ de rationabilibus divisis, 251, 866 Writ of Recordari facias loquelam, 217 Writ of right, 98, 217, 864 Writs of summons, 430re., 812-815, 835- 837, 839-844 Wuer, King of Gwent, 369, 370 WuUerth, King of Gwent, 368 WuUheard, Ealdorman, 345 WuUhere, King of Mercia, 334, 439, 471, 476, 480-482, 558 re., 570, 572 WuUnoth, Thane of Sussex, 436, 475, 511m. WuUred, Archbishop of Canterbury, 306, 462 m., 488 m., 490 m., 733 ra., 734 re. WuUric Spott, of Meroia, 524 re., 528, 529 WuUric, Weal-Gerefa, 445 WuUsige, Judge in Kent, 468 Wulfstan, Archbishop of York, 383 re., 591m., 592, 708m. WuUsy (Woolsey), ChanceUor, 672 Wulstan, Bishop of Woroester, 433 898 Index Wybba, or Pybba, of Mercia, 478, 479, 568, 577, 592 re., 604 m., 606 m., 608 483, 485 609, 632, 647-653 Wyo (Kent), 92, 863 York, Archbishop of, 2, 23, 657, 658, Wye, river, 366, 367, 485 854 Wymund (Wigmund), son of Wiglaf of York, archbishopric of, 571, 622-625 Meroia, 492 York cathedral, 382, 578 m., 612, 622, Wynfred, Bishop of Mercia, 481 648, 649, 847 re., 872; canons of, 714 m. Wyppedes-fleot, battle at, 452 Yorkshire, 150 re., 528 m., 569 m., 586 m., Wyrtgeorn. See Vortigern 614 m.; heriots in, 702 Wyrtgeom, King of the Wends, 618 m. Yrio, EarL See Eric Ystradwy, commot, 363, 365 Yffi, father of Ella of Deira, 563, 568 York, city, 182m., 397; and the Danes, Zwentibold, Duke of the Moravians, 765, 50*, 535m., 580, 581, 588m., 692; 562, 774 OAMBBIDO.B: I'RlNTBD BY J. B. PEAOB, M.A., AT THE UNIVERSITY PBE8S.