As with the estates of the king, so with the estates of the earls, we

find it impossible to distinguish between private property and official

property. Certain manors are regarded as the 'manors of the shire'

(_mansiones de comitatu_[682]); certain vills are 'comital vills[683],'

they belong to 'the consulate[684].' Hereditary right tempered by

outlawry was fast becoming the title by which the earldoms were holden.

The position of the house of Leofric in Mercia was far from being as

strong as the position of the house of Rolf in Normandy, and yet we may

be sure that King Harold would not have been able to treat the sons of

Ælfgar as removable officers. But one of the best marked features of

Domesday Book, a feature displayed on page after page, the enormous

wealth of the house of Godwin, seems only explicable by the supposition

that the earlships and the older ealdormanships had carried with them a

title to the enjoyment of wide lands. That enormous wealth had been

acquired within a marvellously short time. Godwin was a new man: nothing

certain is known of his ancestry. His daughter's marriage with the king

will account for something; Harold's marriage with the daughter of

Ælfgar will account for something, for instance, for manors which Harold

held in the middle of Ælfgar's country[685]; and a great deal of simple

rapacity is laid to the charge of Harold by jurors whose testimony is

not to be lightly rejected[686]; but the greater part of the land

ascribed to Godwin, his widow and his sons, seems to consist of

_comitales villae_.

[Private rights and governmental revenues.]

The wealth of the earls is a matter of great importance. If we subtract

the estates of the king, the estates of the earls, and the estates of

the churches--and, as we shall see hereafter, the churches had obtained

the bulk of their wealth directly from the kings,--if we subtract again

the lands which the king, the earls, the churches have granted to their

thegns, the England of 1065 will not appear to us a land of very great

landowners, and we may obtain a valuable hint as to one of the origins

of feudalism. A vast amount of land is or has recently been held by

office-holders, by the holders of the kingship, the earlships, or the

ealdormanships. We seem to see their proprietary rights arising in the

sphere of public law, growing out of governmental rights, which however

themselves are conceived as being in some sort proprietary. Many a

passage in Domesday Book will suggest to us that a right to take tribute

and a right to take the profits of justice have helped to give the king

and the earls their manors and their seignories. Even in his own demesne

manors the king is apt to appear rather as a tribute taker than as a

landowner. Manors of very unequal size and value have had to supply him

with equal quantities of victuals; each has to give 'a night's farm'

once a year. Then from the counties at large he has taken a tribute;

from Oxfordshire, for example, £10 for a hawk, 20 shillings for a

sumpter horse, £23 for dogs and 6 sesters of honey[687]; from

Worcestershire £10 or a Norway hawk, 20 shillings for a sumpter

horse[688]; from Warwickshire £23 for 'the dog's custom,' 20 shillings

for a sumpter horse, £10 for a hawk and 24 sesters of honey[689]. The

farm of the county that the sheriff pays is made up out of obscure old

items of this sort. Many men who are not the king's tenants must assist

him in his hunting, must help in the erection of his deer-hays[690].

Then there are the _avera_ and the _inwards_ that are exacted by the

king or his sheriff from sokemen who are not the king's men. The sheriff

also is entitled to provender rents; out of 'the revenues which belong

to the shrievalty' of Wiltshire, Edward of Salisbury gets pigs, wheat,

barley, oats, honey, poultry, eggs, cheeses, lambs and fleeces; and

besides this he seems to have 'reveland' which belongs to him as

sheriff[691]. Then we see curious payments in money and renders in kind

made to some royal or some comital manor by the holders of other manors.

In Devonshire, Charlton which belongs to the Bishop of Coutances,

Honiton which belongs to the Count of Mortain, Smaurige which belongs to

Ralph de Pomerai, Membury which belongs to William Chevre, Roverige

which belongs to St. Mary of Rouen, each of these manors used to pay

twenty pence a year to the royal manor of Axminster[692]. In

Somersetshire there are manors which have owed _consuetudines_, masses

of iron and sheep and lambs to the royal manors of South Perrott and

Cury, or the comital manors of Crewkerne and Dulverton[693]. Then again,

we find that pasture rights are connected with justiciary

rights:--Godwin had a manor in Hampshire to which belonged the third

penny of six hundreds, and in all the woods of those six hundreds he had

free pasture and pannage[694]; the third penny of three hundreds in

Devonshire and the third animal of the moorland pastures were annexed to

the manor of Molland[695]. Many things seem to indicate that the

distinction between private rights and governmental powers has been but

faintly perceived in the past.

[The English state.]

If now we look at that English state which is the outcome of a purely

English history, we see that it has already taken a pyramidal or conical

shape. It is a society of lords and men. At its base are the cultivators

of the soil, at its apex is the king. This cone is as yet but low. Even

at the end of William's reign the peasant seldom had more than two lords

between him and the king, but already in the Confessor's reign he might

well have three[696]. Also the cone is obtuse: the angle at its apex

will grow acuter under Norman rulers. We can indeed obtain no accurate

statistics, but the number of landholders who were King Edward's men

must have been much larger than the tale of the Norman tenants in chief.

In the geographical distribution of the large estates under William

there is but little more regularity than there was under his

predecessor. In Cheshire and in Shropshire the Conqueror formed two

great fiefs for Hugh of Avranches and Roger of Montgomery, well

compacted fiefs, the like of which England had not yet seen. But the

units which William found in existence and which he distributed among

his followers were for the more part discrete units, and seldom did the

Norman baron acquire as his honour any wide stretch of continuous

territory. Still a great change took place in the substance of the cone,

or if that substance is made up of lords and men and acres, then in the

nature of, or rather the relation between, the forces which held the

atoms together. Every change makes for symmetry, simplicity,

consolidation. Some of these changes will seem to us predestined. To

speculate as to what would have happened had Harold repelled the invader

would be vain, and certainly we have no reason for believing that in

that case the formula of dependent tenure would ever have got hold of

every acre of English land and every right in English land. The law of

'land loans' (_Lehnrecht_) would hardly have become our only land law,

had not a conqueror enjoyed an unbounded power, or a power bounded only

by some reverence for the churches, of deciding by what men and on what

terms every rood of England should be holden. Had it not been for this,

we should surely have had some _franc alleu_ to oppose to the _fief_,

some _Eigen_ to oppose to the _Lehn_. But if England was not to be for

ever a prey to rebellions and civil wars, the power of the lords over

their men must have been--not indeed increased, but--territorialized;

the liberty of 'going with one's land to whatever lord one chose' must

have been curtailed. As yet the central force embodied in the kingship

was too feeble to deal directly with every one of its subjects, to

govern them and protect them. The intermediation of the lords was

necessary; the state could not but be pyramidal; and, while this was so,

the freedom that men had of forsaking one lord for another, of forsaking

even the king for the ambitious earl, was a freedom that was akin to

anarchy. Such a liberty must have its wings clipt; free contract must be

taught to know its place; the lord's hold over the man's land must

become permanent. This change, if it makes at first for a more definite

feudalism, or (to use words more strictly) if it substitutes feudalism

for vassalism, makes also for the stability of the state, for the

increase of the state's power over the individual, and in the end for

the disappearance of feudalism. The freeholder of the thirteenth

century is much more like the subject of a modern state than was the

free man of the Confessor's day who could place himself and his land

under the power and warranty of whatever lord he chose. Lordship in

becoming landlordship begins to lose its most dangerous element; it is

ceasing to be a religion, it is becoming a 'real' right, a matter for

private law. Again, we may guess, if we please, that but for the Norman

Conquest the mass of the English peasantry would never have fallen so

low as fall it did. The 'sokemen' would hardly have been turned into

'villeins,' the 'villeins' would hardly have become 'serfs.' And yet the

villeins of the Confessor's time were in a perilous position. Already

they were occupying lands which for two most important purposes were

reckoned the lands of their lords, lands for which their lords gelded,

lands for which their lords fought. Even in an English England the time

might have come when the state, refusing to look behind their lords,

would have left the protection of their rights to a _Hofrecht_, to 'the

custom of the manor.'

[Last words.]

It is, we repeat it, vain to speculate about such matters, for we know

too little of the relative strength of the various forces that were at

work, and an accident, a war, a famine, may at any moment decide the

fate, even the legal fate, of a great class. And above all there is the

unanswerable question whether Harold or any near successor of his would

or could have done what William did so soon as the survey was

accomplished, when he proved that, after all, the pyramid was no pyramid

and that every particle of it was in immediate contact with him, and

'there came to him all the land-sitting men who were worth aught from

over all England, whosesoever men they were, and they bowed themselves

to him, and became this man's men[697].'

FOOTNOTES:

[618] D. B. i. 91: 'Ecclesia Romana beati Petri Apostoli tenet de

Rege Peritone.' Ib. 157: 'Ecclesia Sancti Dyonisii Parisii

tenet de Rege Teigtone. Rex Edwardus ei dedit.' Ib. 20 b:

'Abbas de Grestain tenet de Comite 2 hidas in Bedingham.'

[619] Hist. Eng. Law, i. 220.

[620] D. B. i. 218 b: 'Rex vero Willelmus sibi postea in elemosina

concessit, unde pro anima Regis et Regine omni ebdomada 2

feria missam persolvit.' D. B. ii. 133: 'et cantat unaquaque

ebdomada tres missas.'

[621] D. B. i. 3: 'reddit unum militem in servitio Archiepiscopi.'

Ib. 10 b: 'servitium unius militis.' Ib. 32: 'servitium unius

militis.' Ib. 151 b: 'inveniebat 2 loricatos in custodiam de

Windesores.'

[622] Hist. Eng. Law, i. 268.

[623] But D. B. i. 218 b gives us 'tenet in ministerio Regis.'

[624] D. B. i. 4 b: 'De terra huius manerii tenet Godefridus in feuo

dimid. solin.' Ib. 36 b: 'Humfridus Camerarius tenet de feuo

Reginae Cumbe.' Ib. 336 b: 'Ipsam [domum] clamat Normannus

Crassus de feuo Regis.'

[625] D. B. i. 129 b: 'Postea Willelmus Camerarius tenuit de Regina

in feudo pro 3 lib. per annum de firma, et post mortem Reginae

eodem modo tenuit de Rege.'

[626] But, as in general a farmer would have no heritable rights,

holding in fee may be contrasted with holding in farm. D. B.

i. 230 b: 'Has terras habet Goduinus de Rege ad firmam, Dislea

vero tenet de Rege in feudo.' So again it may be contrasted

with the husband's rights in his wife's marriage portion. D.

B. i. 214 b: 'De ista terra tenet Pirotus 3 hidas de maritagio

suae feminae et unam hidam et terciam partem unius hidae tenet

in feudum de Nigello.'

[627] D. B. i. 158: Robert de Ouilly holds forty-two houses in

Oxford, some meadow-land and a mill 'cum beneficio S. Petri,'

i.e. together with the benefice of S. Peter's church.

Elsewhere, i. 273, we read that King William gave a manor to

the monks of Burton 'pro beneficio suo'; but the meaning of

this is by no means clear.

[628] D. B. i. 44 b: 'Duo liberi homines tenuerunt de Alwino sed non

fuit alod.' The same phrase occurs on f. 46.

[629] D. B. i. 22: 'Aluuard et Algar tenuerunt de Rege pro 2

maneriis in alodia ... Ælueua tenuit de Rege Edwardo sicut

alodium.' Ib. 26: 'Godwinus Comes tenuit et de eo 7 aloarii.'

[630] D. B. i. 60 b: 'Duo alodiarii tenuerunt T. R. E. ... unus

servivit Reginae, alter Bundino.'

[631] D. B. i. 1: 'Quando moritur alodiarius, Rex inde habet

relevationem terrae.'

[632] D. B. i. 52 b: 'Has hidas tenuerunt 7 alodiarii de Episcopo

nec poterant recedere alio vel ab illo.'

[633] D. B. i. 63 b: 'Ibi sunt 5 alodiarii.'

[634] See charter of John for St Augustin's, Canterbury, Rot. Cart.

p. 105: 'omnes allodiarios quos eis habemus datos.' This

phrase seems to descend through a series of charters from two

charters of the Conqueror in which the 'swa fele þegna swa ic

heom togeleton habbe' of the one appears in the other as

'omnes allodiarios.' If so, we get from the Conqueror's own

chancery the equation þegn=alodiarius. Hist. Mon. S. August.

349-50.

[635] D. B. i. 23: in two successive entries we have 'Offa tenuit de

Episcopo in feudo.... Almar tenuit de Goduino Comite in

alodium.' So again, i. 59: 'Blacheman tenuit de Heraldo Comite

in alodio.... Blacheman tenuit in feudo T. R. E.' The

suggestion has been made that _alodium_ represents

_book-land_; see Pollock, Land Laws, ed. 3. p. 27; Eng. Hist.

Rev. xi. 227; but we gravely doubt whether the humbler

_alodiarii_ had books. The author of the Quadripartitus

renders _bócland_ by _terra hereditaria_, _terra

testimentalis_, _terra libera_, and even by _feudum_ (Edg. II.

2); _alodium_ occurs in the Instituta Cnuti. After this we can

hardly say for certain that D. B. does not use _alodium_ and

_feodum_ as equivalents, both representing a heritable estate,

as absolute an ownership of land as is conceivable.

[636] Hist. Eng. Law, i. 46.

[637] D. B. i. 197.

[638] D. B. i. 238 b: 'Reliquas autem 7 hidas et dimidiam tenuit

[_sic_] Britnodus et Aluui T. R. E., sed comitatus nescit de

quo tenuerint.'

[639] D. B. i. 23: 'Offa tenuit de episcopo in feudo.' Ib. i. 59 b:

'Blacheman tenuit in feudo T. R. E.'

[640] D. B. i. 28 b: 'Bricmar tenuit de Azor et Azor de Heraldo ...

Terra est 2 carucis. In dominio est una et 2 villani et 2

bordarii cum dimidia caruca.'

[641] D. B. i. 75 b: 'De eadem terra ten[ent] 3 taini 3 hidas et

reddunt 3 libras excepto servicio.' Ib. 86 b: 'Huic manerio

est addita dimidia hida. Tres taini tenebant T. R. E. et

serviebant preposito manerii per consuetudinem absque omni

firma donante.'

[642] D. B. i. 1: 'Quando moritur alodiarius, Rex inde habet

relevationem terrae.'

[643] D. B. i. 179: 'Burgensis cum caballo serviens, cum moriebatur,

habebat Rex equum et arma eius. De eo qui equum non habebat,

si moreretur, habebat Rex aut 10 solidos aut terram eius cum

domibus.'

[644] D. B. i. 50 b: 'Alric tenet dimidiam hidam. Hanc tenuit pater

eius de Rege E. Sed hic Regem non requisivit post mortem

Godric sui avunculi qui eam custodiebat.'

[645] D. B. i. 238 b: 'Huic aecclesiae dedit Aluuinus vicecomes

Cliptone concessu Regis Edwardi et filiorum suorum pro anima

sua.' Ib. 59: 'De hoc manerio scira attestatur, quod Edricus

qui eum tenebat deliberavit illum filio suo qui erat in

Abendone monachus ut ad firmam illud teneret et sibi donec

viveret necessaria vitae donaret; post mortem vero eius

manerium haberet. Et ideo nesciunt homines de scira quod

abbatiae pertineat, neque enim inde viderunt brevem Regis vel

sigillum. Abbas vero testatur quod in T. R. E. misit ille

manerium ad aecclesiam unde erat et inde habet brevem et

sigillum R. E.'

[646] D. B. i. 154: 'Quando Rex ibat in expeditione, burgenses 20

ibant cum eo pro omnibus aliis, vel 20 libras dabant Regi ut

omnes essent liberi.'

[647] D. B. i. 230: 'Quando Rex ibat in exercitu per terram, de ipso

burgo 12 burgenses ibant cum eo.'

[648] D. B. i. 238: 'Consuetudo Waruuic fuit, ut eunte rege per

terram in expeditionem, decem burgenses de Waruuic pro omnibus

aliis irent.'

[649] D. B. i. 57 b.

[650] D. B. i. 64 b: 'Quando Rex ibat in expeditione vel terra vel

mari, habebat de hoc burgo aut 20 solidos ad pascendos suos

buzecarlos, aut unum hominem ducebat secum pro honore 5

hidarum.'

[651] D. B. i. 100: 'Quando expeditio ibat per terram aut per mare

serviebat haec civitas quantum 5 hidae terrae.'

[652] Above, p. 156, note 650.

[653] Schmid, App. VII. c. 2. § 9-12; App. V; Pseudoleges Canuti

(i.e. Instituta Cnuti) 60, 61 (Schmid, p. 431).

[654] Of this we shall speak in another Essay.

[655] D. B. i. 375 b; above, p. 145.

[656] D. B. i. 87 b: 'Istae consuetudines pertinent ad Tantone ...

profectio in exercitum cum hominibus episcopi.... Hae duae

terrae non debent exercitum.'

[657] See above, p. 85, note 326.

[658] D. B. i. 172: 'Quando Rex in hostem pergit, si quis edictum

eius 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. Cuiuscumque vero

alterius domini homo si de hoste remanserit et dominus eius

pro eo alium hominem duxerit, 40 sol. domino suo qui vocatus

fuit emendabit. Quod si ex toto nullus pro eo abierit, ipse

quidem domino suo 40 sol. dabit, dominus autem eius totidem

solidis Regi emendabit.'

[659] See above, p. 77, note 294.

[660] See Round, Feudal England, 249.

[661] D. B. i. 208: 'Testantur homines de comitatu quod Rex Edwardus

dedit Suineshefet Siuuardo Comiti soccam et sacam, et sic

habuit Haroldus comes, praeter quod geldabant in hundredo et

in hostem cum eis ibant.' It is here noted that though Harold

had sake and soke over Swineshead, it paid its geld and did

its military duty in the hundred. Our record would hardly

mention such a point unless very often the exaction of geld

and military service was one of the rights and duties of the

lord who had sake and soke.

[662] In the next chapter we shall speak of the bishop's land-loans.

[663] See the capitularies of 807 and 808 (ed. Boretius, pp. 134,

137). Also, Fustel de Coulanges, Les transformations de la

royauté, 515 ff. It may well be doubted whether the five-hide

rule had not been borrowed by English kings from their

Frankish neighbours. Stubbs, Const. Hist. i. 208 ff.

[664] D. B. i. 152 b: 'duo teigni homines Alrici filii Goding.' Ib.

'Hoc manerium tenuit Azor filius Toti teignus Regis Edwardi et

alter teignus homo eius tenuit unam hidam et vendere potuit.'

[665] D. B. i. 84 b: at the end of a list of royal thegns 'Omnes qui

has terras T. R. E. tenebant, poterant ire ad quem dominum

volebant.'

[666] D. B. i. 41: 'Tres taini tenuerunt de episcopo et non

potuerunt ire quolibet.'

[667] D. B. i. 91: 'Hae terrae erant tainland in Glastingberie T. R.

E. nec poterant ab aecclesia separari.'

[668] Hamilton, Inquisitio, pp. xviii. xix.

[669] D. B. i. 66 b: 'De hac eadem terra 3 hidas vendiderat abbas

cuidam taino T. R. E. ad aetatem trium hominum, et ipse abbas

habebat inde servitium, et postea debet redire ad dominium.'

Ib. i. 83 b: 'Ipsa femina tenet 2 hidas in Tatentone quae

erant de dominio abbatiae de Cernel; T. R. E. duo teini

tenebant prestito.'

[670] D. B. i. 64 b: 'Herman et alii servientes Regis ... Odo et

alii taini Regis ... Herueus et alii ministri Regis.' Ib. 75:

'Guddmund et alii taini ... Willelmus Belet et alii servientes

Regis.'

[671] D. B. i. 56 b (Berkshire custom): 'Tainus vel miles Regis

dominicus moriens, pro relevamento dimittebat Regi omnia arma

sua et equum unum cum sella, alium sine sella.'

[672] D. B. i. 83: 'Bricsi tenuit miles Regis E.' Such entries are

rare. D. B. i. 66: 'De eadem terra huius manerii ten[ent] duo

Angli.... Unus ex eis est miles iussu Regis et nepos fuit

Hermanni episcopi.' Here the king compels an Englishman to

become a _miles_. D. B. i. 180 b: 'Quinque taini ... habebant

sub se 4 milites.' The warrior was not necessarily of thegnly

rank.

[673] See the passages collected by Schmid, Gesetze, p. 667.

[674] In their treatment of the thegnship of the last days before

the Conquest, Maurer lays stress upon the proprietary element,

Schmid upon the hereditary. See Little, Gesiths and Thegns, E.

H. R. iv. 723.

[675] Cnut, ii. 71.

[676] D. B. i. 280 b.

[677] Hamilton, Inquisitio, 121.

[678] Eyton, Somerset, i. 84.

[679] D. B. iv. 75: 'Dominicatus Regis ad Regnum pertinens in

Devenescira.' Ib. 99: 'Mansiones de Comitatu.' Eyton,

Somerset, i. 78.

[680] D. B. ii. 119: 'Hoc manerium fuit de regno, sed Rex Edwardus

dedit Radulfo Comiti.' Ib. 144: 'Suafham pertinuit ad regionem

et Rex E. dedit R. Comiti.' Ib. 281 b: 'Terra Regis de Regione

quam Rogerus Bigotus servat.' Ib. 408 b: 'Tornei manerium

Regis de regione.' Mr Round, Feudal England, p. 140, treats

_regio_ as a mere blunder; but it may well stand for

_kingship_.

[681] D. B. i. 30 b: 'Huius villae villani ab omni re vicecom[itis]

sunt quieti.'

[682] D. B. iv. 99.

[683] Pseudoleges Canuti (= Liebermann's Instituta Cnuti), 55

(Schmid, p. 430): 'Comitis rectitudines secundum Anglos istae

sunt communes cum rege: tertius denarius in villis ubi

mercatum convenerit, et in castigatione latronum, et comitales

villae, quae ad comitatum eius pertinent.'

[684] D. B. ii. 118 b: 'Terre Regis in Tetford ... est una leugata

terre in longa et dim. in lato de qua Rex habet duas partes:

de his autem duabus partibus tercia pars in consulatu iacet.'

But this seems to mean that only this part of the land is in

the county of Norfolk. Ibid. i. 246: in Stafford the king has

twenty-two houses 'de honore comitum.'

[685] D. B. i. 246.

[686] Ellis, Introduction. i. 313. When twenty years after Harold's

death a question about the title to land is at issue, there

seems no reason why the jurors should tell lies about Harold.

[687] D. B. i. 154 b.

[688] D. B. i. 172.

[689] D. B. i. 238.

[690] D. B. i. 56 b: Berkshire custom, 'Qui monitus ad stabilitionem

venationis non ibat 50 sol. Regi emendabat.' See also the

Hereford custom, Ib. 179; also Rectitudines (Schmid, App.

III.) c. 1.

[691] D. B. i. 69. But the meaning of _reveland_ is obscure. The

most important passages about it are in D. B. i. 57 b

(Eseldeborne), 181 (Getune). D. B. i. 83: 'Hanc tenet Aiulf de

Rege quamdiu erit vicecomes.'

[692] D. B. i. 100.

[693] D. B. i. 86, 86 b, 92, 97; so in Devonshire, 117 b: 'Hoc

manerium debet per consuetudinem in Tavetone manerium Regis

aut 1 bovem aut 30 denarios.'

[694] D. B. i. 38 b.

[695] D. B. i. 101: 'Ipsi manerio pertinet tercius denarius de

hundredis Nortmoltone et Badentone et Brantone et tercium

animal pasturae morarum.'

[696] Above, p. 155.

[697] Chron. ann. 1085.

§ 9. _The Boroughs._

[Borough and village.]

Dark as the history of our villages may be, the history of the boroughs

is darker yet; or rather, perhaps, the darkness seems blacker because we

are compelled to suppose that it conceals from our view changes more

rapid and intricate than those that have happened in the open country.

The few paragraphs that follow will be devoted mainly to the development

of one suggestion which has come to us from foreign books, but which may

throw a little light where every feeble ray is useful. At completeness

we must not aim, and in our first words we ought to protest that no

general theory will tell the story of every or any particular town[698].

[The borough in cent. xiii.]

In the thirteenth century a legal, though a wavering, line is drawn

between the borough and the mere vill or rural township[699]. It is a

wavering line, for stress can be laid now upon one and now upon another

attribute of the ancient and indubitable boroughs, and this selected

attribute can then be employed as a test for the claims of other towns.

When in Edward I.'s day the sheriffs are being told to bid every borough

send two burgesses to the king's parliaments, there are somewhat more

than 150 places to which such summonses will at times be addressed,

though before the end of the middle ages the number of 'parliamentary

boroughs' will have shrunk to 100 or thereabouts[700]. Many towns seem

to hover on the border line and in some cases the sheriff has been able

to decide whether or no a town shall be represented in the councils of

the realm. Yet if we go back to the early years of the tenth century, we

shall still find this contrast between the borough and the mere township

existing as a contrast whence legal consequences flow. Where lies the

contrast? What is it that makes a borough to be a borough? That is the

problem that we desire to solve. It is a legal problem. We are not to

ask why some places are thickly populated or why trade has flowed in

this or that channel. We are to ask why certain vills are severed from

other vills and are called boroughs.

[The number of the boroughs.]

We may reasonably wish, however, since mental pictures must be painted,

to know at the outset whereabouts the line will be drawn, and whether

when we are speaking of the Conqueror's reign and earlier times we shall

have a large or a small number of boroughs on our hands. Will it be a

hundred and fifty, or a hundred, or will it be only fifty? At once we

will say that some fifty boroughs stand out prominently and will demand

our best attention, though a second and far less important class was

already being formed.

[The aid-paying boroughs of cent. xii.]

Domesday Book and Beyond: Three Essays in the Early History of England · 第 18 / 56 段