« ForrigeFortsett »
and Jurymen, this record will afford much pleasing and satisfactory information; and the curious cuftoms enregistered in these volumes will much elucidate the common Law of the Land, the Manners of our Forefathers, the State of the Boroughs, Towns, and Villages, the Agriculture, Population, and Commerce of the kingdom.
" In the reign of our English Justinian, Edward Ift. a Survey of the Kingdom, on a much more extensive fiale, was inftituted, and completed. He had furnished the commissioners delegated for this inveitigation with numerous legal and civil questions, which were all regularly entered in the roll, and to each of which a separate and distinct answer was returned, from each hundred and county court. Fortunately for British history, and the investigaior of our ancient laws and custoins, (if our Legislature, or the Society of Antiquaries, instantly embrace the opportunity of having these almost perished rolls decyphered,) the surveys of four counties, Lincoln, Oxford, Huntingdon, and Cambridge, have been discovered in the records of the Tower of London. But many parts of these are at prefent al. molt illegible ; the parchment and writing are both brown, only of different fhades, and being in rolls, not bound in volumes, as Domes. day, these Surveys, exposed continually to the air, will soon perish, and their lofs may hereafter be juftly regretted by Britons, even more than the volumes of Livy. The importance of these rolls is much increased by their conitant reference to preceding Placita, encered under the head of Calumniatores in Domesday, and as regularly consolidating the links of the Saxon, Norman, and Roman law into one body, from the reign of Edward the Confeflour, in 1966, (in fome instances from the reign of Cnut,) through the fuccellive Norman Princes, till the adoption of the Roman code, by ibis wise, learned, and magnanimous Prince, at the conclusion of the thirteenth century. For an opulent and enlightened nation, whose statesmen and lawyers are Princes, to neglect an opportunity of recavering such a Survey of four Counties, at this æra, (perhaps more might be discovered,) will justly attach an eternal stigma to their name in the fight of pofterity.
“ To the County of Kene a Map is annexed, and the published Speciinens and Parts of South Britain give the modern corresponding terins. For the County of Surrey a Summary Table of the ancient and modern names of hundreds, &c. is given, as a criterion by which the editors may estimate the public difpofition to patronize information on subjects of this national importance. If this translae tion is ever completed, and the writers would engage (if encouraged) to give a fimilar volume euch four months, a general copious introduction will be given with the lat number. This work will lay a olid foundation for an authentic History of South Britain, will correct a thousand errors of former writers, and enable pofterity con. nectedly to trace the conftitution, laws, cuttoms, and manners of their country, from the ages of barbarity and flavery to the refined institutes of the most enlightened, wife, opalent, and h: ppy nation in the universe.” Pp: 3-6.
• We have always been accustomed to consider Dugdale as One of our best antiquaries and topographers, yet, in his History of Warwickshire, he observes, that it is impossible to make out one half of the modern hundreds of a county from Domesday. Here, however, we find the ancient names of the fifty-two hundreds of Kent, and the twelve of Surrey, though it is remarkable that Byrcholt is only entered seven times, yet spelt six different ways. This translation will enable any Latin scholar easily to decypher and read the original, and there are constant references to the folio and column of the printed copy, which, consequently, may be consulted without difficulty, if the fidelity of its contents are doubted. We had formerly supposed that_this autograph could never have been made so readable to an Englishman, but we will give some extracts that contain much curious historic information, and will begin with its first page:
“ Dover, in the ime of King Edward, rendered eighteen pounds, of which sum Edward had two portions, and Earl Godwin a third. Besides this, the Canons of Si. Martin had another moiety. The Burgesses provided twenty tips for the Monarch once each year for fifteen days, and in each ship were twenty-one men. They rendered this service because the King had liberated them from Sac and Soc. When the Mediengers of the Monarch came to this port, they paid three-pence in the winter, and two-pence in the fainmer, for the transportation of a horse; but the Burgelle's found a pilot, and ano, ther allittant; and if more were required, they were furnished at the Royal expence.
“ From the festival of St. Michael 10 St. Andrew, the Royal peace was established in the village. Whoever violated this, the superintendant of the Monarch received the common forfeiture..
“ Every resident inhabitani, that rendered the Royal customs, was quit of toll throughout the realm of England. All these customs existed, when King William came to this country. At his first arrival, this village was deftroyed by fire ; and therefore its value could not be eitimated, nor its worth ascertained, when the Bishop of Baieux received it. At, the present period it is valued at forty pounds, yet the Mayor pays fitiy-four pounds. To the Mo. narch twenty-four pounds, of twenty pence, in the ore ; to the Earl, thirty pounds in tale. In Dover there are twenty-nine manlions, of which the King has lost the customary payments.. Of these Robert Romney has two, Ralph Crookehorn ihree, Williarn Fitz. tydald one, Willian Fitz-oger one, William Fitz-tedold and Robert Black fix, William Fitz-geoffrey three, in which was a Guildhall of Burgesses. Hugh Montfort has one house, Durand one, Ralph Col. ville one, Wadard fix, Fitz-modbert one, and ali these appeal to the Biihop of Baieux as thçis protector, deliverer, and giver.
“Of the manfion which Ralph Colville occupies, that was the property of an exile, it is agreed, that one half of it appertains to ihe Monarch. Roger of Wefterham erected a certain house upon the King's water, and has held, to the present period, the regal cuíto.ns. This house existed not in the reign of Edward. There is a mill at the entrance of the harbour of Dover, which wrecks almoft every ship by the violence of ihe tides current; and occafions great damage to the Sovereign and his subjects. I existed not in the day's of the Confesiour. On this subject the nephew of Herbert declares, that the Bithop of Baieux granted permifion to his uncle Herbert Fitz.ivo for the erection of it.
“ The annexed laws were unaninously fanctioned by the testimony of the four Laths, that is, the Laths of the Borough, or St. Augus. tine's, Eat rye, Liming, and Wye.
“ If any person make a fence, or a ditch, by which the Royal road is narrowed ; or cut down a itanding tree to cross the way; os bear away a bough or a branch; for each misdemeanor he shall forfeit to the King one hundred shillings: and if he shall proceed home without seizure or bail, yet the officer of the Monarch shall pursue him, and he shall compensate with one hundred fillings. If any one violates our eft ablished laws; and was attached on the high-way ; or hath given bail for his appearance; he shall make amends to the King with eight pounds. But if he is not under the cognizance of the King, he is still responsible to his Lord for other forfeitures, as of Grith-break, and shall make amends with one hundred shillings.
“ The King has the subsequent forfeitures over all the allodial, tenants of the county of Kent, and their Knights or Dependants : and when an allodial tenant dies, the King has relief from the land, except the land of the Holy Trinity, St. Augustine, and St. Martin, Godric of Bourne, and Godric Carlesone, and Alnod Cilt, and Sbern Commissary, and Siret of Chilham, and Turgis, and Norman, and Azor. Of these, the King, at present, participates only of the for. feitures relative to capital offences, and receives relief from the lands of those who enjoy their appropriate Courts for fines and suit. And of these lands, Goselaches, Buckland, a second, and third Buckland, and Hurst, and one yoke of ore, Schildriceham, Machebeve, Ernulfi. fone, Oflachitone, two Peries, Brulege, Ospring, Horton, the King has these forfeitures ; intrinsic services of ploughing and others, the violation of the peace, and extrinsic suit. Throughout the whole county of Kent, except the diaricts appertaining to the Holy Trinity; St. Augustine's, and St. Martin's, an adulterer is the property of the Crown, an adultress of the Archbishop.-The King has half the chartels of a condemned felon.-The receiver of an exile, returned without the King's permission, is at his mercy.- From the lands be. fore recited of Ainod Cilt, and his Peers, the Sovereign is guarded, six days at Canterbury, or at Sandwich ; and the men receive provia fions and liquor at the monarch's charge. Should they be not supplied, they may return without forfeiture. If these Peers were summoned
to a fhire-mote or assize, they shall attend at Pinneden, but at no place more diftant. Should they not attend, they shall forfeit to the King, for this and other offences, one hundred shillings, except the violation of the King's peace, which is compensated at eight pounds. Of highways as before recited.” Pp. 1-4.
To the translation illustrative notes are subjoined.
In the county of Sussex we will exhibit the state of the town of Lewes, a Borough of Earl William de Warene :
“ The rent and toll of the borough of Lewes, in the time of King Edward, yielded fix pounds three thillings, and three hall-pence. Here King Edward had one hundred and twenty-seven Burgeiles in domain.
“ These were their Cuftoms, or Common Law. “ If the King wished to send an armament to guard the seas, with. out his personal attendance, twenty Thillings were collected from all
the inhabitants, without exception or respect to particular tenure, and - these were paid to the men at arms in the ships.
“ The seller of a horse within the borough pay's one penny to the Mayor, and the purchaser another; of an ox a halfpenny; of a man four-pence, in whatsoever place he may be bought within the rape.
« A murderer forfeits seven shillings and four-pence.
“ An adulterer forfeits eight shillings and four pence, an adultress the fame; the King has the adulterer, the Archbishop the adultress.
“ A runaway or vagabond that is recovered, pays eight shillings and four-pence.
“ When a new coinage takes place, every master of a mint pays twenty shillings.
“ Of all these forfeitures the King received two parts, the Earl a third.
“ At the present period the borongh pays all its customary duties as usual, and thirty-seven pounds additional.
“There are thirty-nine inhabited houses, and twenty uninhabited, in the rape of Pevenfea, from which the King receives twenty-lix shillings and fix-pence, and from these William de Warene has his moiety. The entire value in the reign of the Confessour was twentyfix pounds. The King had one moiety, the Earl another. At the present period the value is thirty-four pounds, and at a new coinage, one hundred and twelve shillings. Of all these emoluments and produce William has one moiety, the King another.” Pp. 183, 184.
In Surrey we find this account of a part of Southwark :
“The Bishop has in Southwark a Monastery and one tide-way. King Edward held them at the day of his death. The proprietor of the church held of the King. From the produce of the port, where Thips frequent, the King had two moieties, Earl Godwin the third. But the Norman and Englikh Juries of the hundred teitify, that the
Bishop of Baieux instituted a suit againit Ralph the Viscount, rela. tive to them, but the Viscount understanding that the cause would not be conducted with justice, or to the King's advantage, did not attend the Court. The Bihop, however, gave the church and tide. way firit to Adelold, then to Ralph in exchange for a house. The Viscount denies ever having received the coinmani cr lignet of the King on this subject. The homagers of Southwark teitity, that in the reign of King Edward no perion received toil, on the Strand and the vicinity of the river, except the King; and if any one committed a trespass there and was challenged, he made compensation to the King; but if he returned to the jurisdiction of the Lord to when he owed suit and service without being challenged, the Lord received fatisfaction from the offender. The homagers of Southwark hare claimed a house and its toll as a moiety of the farm (or manor) of Chingeftone. Earl Euftace held it. The total value of the Royal domain in Southwark is estimated at sixteen pounds." P. 228.
There are several instances of pleas being litigated, both in inferior Courts, hundred Courts, and shire Motes. Thus there was a dispute betwixt the Bishop of Baieux and the Abbot of St. Augustine's, relative to the manor of Base mere:
- The Abbot of St. Augustine's claims this manor, as its pro. priet u in the time of the Confessour, and the hundreds bear teiti. mony in his favour ; but the son of the man, or homager, declares that his father could chuse what patron he pleased, but this the Monks do not allow.” Pp. 72, 73.
In a subsequent entry we find it decided in favour of the Abbot :-" The shire testifies that Bafinere appertained to St. Augustine's in the reign of Edward, and that the Abbot received suit, service, and forfeitures from the person who held it." P.95.
We observe that the translators have not relied solely on the printed copy of Domesday, but have had recourse to the original autograph, as the subsequent note and its tranfation fully prove :
« This passage is much mutilated in the original, it is printed in the edited copy Hoc M ten ... teigni de Rege E. & tres manebant ibi aflidu..... tenebant inde duos Solins in Paragio sed non..... nt ibi. In the firtt Hiatus we have diftinguished the Autograph to be tenebant Ve, in the second allidui .. et 112°, in the third non manebant.” P. 83, note.
“ Five thanes held this manor of King Edward, and three refided there continually, and two held two fowlings as Peers, bus did not selide there." P. 83.