CHAPTER III.

THE KING’S COURT AND HOUSEHOLD.

The Anglosaxon Court appears to have been modelled upon the same plan as

that of the Frankish Emperors: our documents do not however permit us to

judge whether this was the case before a sufficient intercourse had

taken place to render a positive imitation probable.

It is not at all unlikely that, from the very first establishment of the

Comitatus, the possession of those household offices was coveted, which

brought the holder into closer personal connection with the prince: and

more or less of dependence could be of little moment with those who had

erected into a system the voluntary sacrifice of the holiest of all

possessions, their freedom of action. Hence we can readily account for

the assumption by men nobly born of offices about the royal person,

which were at first directly and immediately menial[200]. Nor, as the

opportunities of personal aggrandisement through favouritism or

affection were multiplied, does it seem strange to us that these offices

should assume a character of dignity and real power, which, however

little in consonance with their original intention, yet made them

objects of ambition with the wealthy and the noble. We do not any longer

wonder at the struggles of dukes and barons for the offices of royal

cupbearer at a coronation, or Steward or Chamberlain of the Household,

because time and the attribution of judicial or administrative functions

have given those offices a distinction which at the outset they did not

possess: and we see without surprise the electors of Germany personally

serving at his table the member of their body whom they had invested

with imperial rank; and, when they fixed the throne hereditarily in him,

providing for the succession in their own families of Butlers, Stewards,

Marshals or Chancellors of the empire.

-----

Footnote 200:

Speaking of the Pincerna regis Æðelstani, one of the great officers of

the Household, in the early part of the tenth century, William of

Malmesbury says, “Itaque cum forte die solenni vinum propinaret,” etc.

Gest. Reg. § ii. 139.

-----

As the progress of society drew larger and larger numbers of men into

the circle of princely influence, and, by withdrawing them from the

jurisdiction of the free courts, rendered a systematic establishment of

the Lord’s court more necessary, the officers who were charged with the

superintendence of the various royal vassals, rose immeasurably in the

social scale. Thus the Major Domus or Mayor of the palace, at first only

a steward, who had to regulate the affairs of the Household, gradually

assumed the management of those of the kingdom, and ended by placing on

his own head the crown which he had filched from his master’s. So was it

with the rest.

The four great officers of the Court and Household in the oldest German

kingdoms are the Chamberlain, the Marshal, the Steward and the Butler.

The names by which the Chamberlain was designated are Hrægel þegn,

literally thane or servant of the wardrobe, Cubicularius, Camerarius,

Búrþegn, perhaps sometimes Dispensator, and Thesaurarius or Hordere. It

is difficult to ascertain his exact duties in the Anglosaxon Court, but

they probably differed little from those of the corresponding officer

among other German populations, and there is reason to compare those of

the Frankish Cubicularius with the functions of the Comites sacrarum

largitionum and rerum privatarum of the Roman emperors. Hence we may

presume that he had the general management of the royal property, as

well as the immediate regulation of the household[201]. In this capacity

he may have been the recognized chief of the cyninges túngeréfan or

king’s bailiffs, on the several estates; for we find no traces of any

districtual or missatic authority to whom these officers could account.

At the same time it appears that this officer was not what we now call

the Lord Great Chamberlain, but rather the Lord Chamberlain of the

Household, and that more than one officer of the same rank existed at

the same time[202]. Hence we can hardly suppose that the dignity of the

office was comparable to that of the Lord Chamberlain at present, with

the great and various powers and duties which are now committed to that

distinguished member of the Court. Among the nobles who held this office

I find the following named:—

Ælfríc thesaurarius, under Ælfred, 892[203].

Æðelsige camerarius, ... Eádgár, 963[204].

Leófríc hræglþegn, ... Æðelred, 1006[205].

Eádríc dispensator regis, ... Hardacnut,

1040[206].

Hugelinus camerarius, ... Eádweard, 1044[207].

cubicularius ... Eádweard, 1060[208].

stiweard, ... Eádweard[209].

búrþegn ... Eádweard[210].

The Marshal (among the Franks Marescalcus, and Comes stabuli) was

properly speaking the Master of the Horse, and had charge of everything

connected with the royal equipments, in that department. But as he

gradually became the head of the active and disposable military force of

the palace, he must be looked upon rather as the general of the

Household troops. It was thus that the high military dignity of

Constable, or Grand Marshal, by degrees developed itself. This office

was held by nobles of the highest rank, and frequently by several at

once,—a sufficient explanation of a fact which otherwise would appear

strange, viz. that we never find the royal power endangered by that of

this influential minister. The Anglosaxon titles are Steallere and

Horsþegn, Stabulator and Strator régis. We have no evidence of the

existence of the office before the close of the ninth century, and it

might therefore be imagined that it was introduced into England after

the establishment of the family of Ecgberht had familiarized our

countrymen with the Frankish court and its customs, did we not find it

as an essential institution in all German courts, of all periods. Among

the Anglo-Saxon Marshals the following names occur:—

Ecgwulf strator regis: cyninges horsþegn, an. 897[211].

Ðored steallere, about 1020[212].

Ésgár steallere, 1044-1066[213].

Robert filius Wimarc steallere[214].

Ælfstán steallere[215].

Eádgár steallere, 1060-1066[216].

Raulf steallere, 1053-1066[217].

Bondig steallere, 1060-1066[218].

stabulator[219].

Eádnóð steallere[220].

Lýfing steallere[221].

Ælfred regis strator, 1052[222].

Osgod Clapa steallere, 1047[223].

The Steward, usually called Dapifer or Discifer regis, answered to the

Seneschal of the Franks (the Truchsess of the German empire); his

especial business was to superintend all that appertained to the service

of the royal table, under which we must probably include the

arrangements for the general support of the household, both at the

ordinary and temporary residences of the king. His Anglosaxon name was

Discþegn, or thane of the table; and I find the following nobles

recorded as holding this office:—

Eata dux et regis discifer, under Offa, 785[224].

Wulfgár discifer, ... Eádwig, 959[225].

Æðelmǽr discþegn, ... Æðelred, 1006[226].

Raulf dapifer, } ... Eádweard, 1060[227].

Ésgar dapifer, }

Atsur regis dapifer, } ... Eádweard, 1062[228].

Yfing regis dapifer, } ...

-----

Footnote 201:

Eichhorn, i. 197. § 25, b. Eichhorn argues the first from a passage in

Greg. Turon. vii. 24. The latter portion of the Chamberlain’s duties

is defined by Hincmar of Rheims, § 22. “De honestate vero palatii, seu

specialiter ornamento reguli, necnon et de donis annuis militum,

absque cibo et potu, vel equis, ad Reginam praecipue, et sub ipsa ad

Camerarium pertinebat: et sollicitudo erat, ut tempore congruo semper

futura prospicerent, ne quid, dum opus esset, defuisset. De donis vero

diversarum legationum ad Camerarium aspiciebat.”

Footnote 202:

“Cubicularios regis duos.” Will. Malm., ii. § 180.

Footnote 203:

Cod. Dipl. No. 320.

Footnote 204:

Ibid. No. 1246.

Footnote 205:

Ibid. No. 715.

Footnote 206:

Flor. Wig. an. 1040.

Footnote 207:

Cod. Dipl. Nos. 771, 810.

Footnote 208:

Ibid. No. 809.

Footnote 209:

Ibid. No. 899, very doubtful.

Footnote 210:

Ibid. No. 904.

Footnote 211:

Flor. Wig. an. 897. Chron. Saxon, _cod. an._

Footnote 212:

Cod. Dipl. No. 1328.

Footnote 213:

Ibid. Nos. 771, 828, 855, 864.

Footnote 214:

Ibid. Nos. 771, 822, 828, 859, 871, 904, 956, 1338.

Footnote 215:

Ibid. No. 773.

Footnote 216:

Ibid. No. 809.

Footnote 217:

Ibid. Nos. 822, 956, 1338.

Footnote 218:

Ibid. No. 822.

Footnote 219:

Ibid. No. 945.

Footnote 220:

Ibid. No. 845.

Footnote 221:

Ibid. Nos. 956, 1338.

Footnote 222:

Flor. Wig. an. 1052.

Footnote 223:

Chron. Sax. an. 1047.

Footnote 224:

Cod. Dipl. No. 149.

Footnote 225:

Ibid. No. 1224.

Footnote 226:

Ibid. No. 715.

Footnote 227:

Ibid. No. 808.

Footnote 228:

Ibid. No. 813.

-----

In the year 946 Florence tells us of a dapifer regis, whom he does not

name. The queen and princes of the blood had also a similar officer for

the management of their households. In 1060 we read of Godwine, reginae

dapifer[229], and Æðelred’s son Æðelstán had a Discþegn named

Ælfmǽr[230]. High as this office was, we yet cannot expect to find in it

that overwhelming power wielded in later times by the Seneschal or

Dapifer Angliae,—a power which might easily have converted the

Grandmesnils and De Montforts into the Ebroins or Pepins of a newly

established dynasty, and after their fall was wisely retained in the

royal family by our kings. We have now, as is well known, only a Lord

High Steward, or Major domus, on particular occasions, for which he is

especially created: but the Lord Steward of the Household is an officer

of great power and high dignity in the Court of our kings. A Major domus

regiae occurs, as far as I know, but once in our Ante-Norman history,

and may there probably denote only the dapifer or seneschal: he is

mentioned by Florence, an. 1040, as “Stir, major domus ... magnae

dignitatis vir”; but we hear nothing more of him, or of any such

influence as the corresponding high officer exercised in the Frankish

court. The title Regiae procurator aulae, borne by the great Esgár, whom

we have also seen among the Marshals, may very likely only refer to his

office of dapifer[231], which, from the list given above, it will be

evident that he held.

-----

Footnote 229:

Ibid. No. 813.

Footnote 230:

Ibid. No. 722.

Footnote 231:

Cod. Dipl. No. 813.

-----

The last great officer is the Pincerna, in Germany the Schenk or

Buticularius,—the Butler. What his particular duties were, beyond his

personal service at the royal board, and no doubt his general

superintendence of the royal cellars, we cannot now discover; but the

office was one of the highest dignity, and was held by nobles of the

loftiest birth and greatest consideration. Óslác, a direct descendant

from the royal Jutish blood of Stuff and Wihtgár, was the pincerna of

king Æðelwulf; and by this prince’s daughter, “femina nobilis ingenio,

nobilis et genere,”—his first wife Ósburh,—Æðelwulf became the father of

Ælfred[232]. The Anglosaxon name of this officer may have been Byrele,

or Scenca, but I am not aware of its occurrence. The following are among

the Pincernae mentioned.

Dudda pincernus, about 780[233].

Sigewulf pincerna, 892[234].

Æðelsige pincerna, 959[235].

Wulfgár pincerna, 1000[236].

Wigod regis pincerna, 1062[237].

The queen, as she had a dapifer, had also a pincerna: in 1062, Herdingus

is reported to have held that office[238].

There can be no doubt that these offices were entirely Palatine or

domestic, that is that they were household dignities, and did not

appertain to the general administration. Only when the spirit and

feeling of the comitatus had completely prevailed over the older free

organization, did they rise into an importance which, throughout the

course of mediæval history, we find continually on the increase. They

were the grades in the comitatus of which Tacitus himself speaks, which

depended upon the good pleasure of the prince: and with the power of the

prince their power and dignity varied. The functionaries who held them

were the heads of different departments to which belonged all the

vassals, _leudes_ or _fideles_ of the king: and as by degrees the

freemen perished away, and every one gladly rushed to throw himself into

a state of thaneship, the trusted and familiar friends of the prince

became the most powerful agents of his administration: till the feudal

system having seized on everything, converted these court-functions also

into hereditary fiefs, and rendered their holders often powerful enough

to make head against the authority of the crown itself. As long as a

vestige of the free constitution remained, we hear but little of the

court offices: what they became upon its downfall is known to every

reader of history. It seems to me improbable that Godwine, or Harald, or

Leófríc or Sigeward should ever have filled them: these men were

ealdormen or dukes, geréfan, civil and military administrators; but not

officers of the royal household, powerful and dignified as these might

be. It is probable that the first and most important of their duties was

the administration of justice to the king’s sócmen in their various

departments; from which in later times were clearly derived the

extensive powers and attributions of the several royal courts: but as

the intimate friends and cherished counsellors of the king, they must

have possessed an influence whose natural tendency was to complete that

great change in the social state, which causes of a more general

nature,—increasing population, commerce and the disturbance of foreign

and civil discord,—were hurrying relentlessly onward.

-----

Footnote 232:

Asser, an. 849.

Footnote 233:

Cod. Dipl. No. 148.

Footnote 234:

Ibid. No. 320.

Footnote 235:

Ibid. No. 1224.

Footnote 236:

Ibid. No. 1294.

Footnote 237:

Ibid. No. 813.

Footnote 238:

Ibid. No. 813.

-----

In various situations of trust and authority, either by the side of

these officers, or subordinated to them, we find a number of other

persons under different titles. Among these are the clergymen who acted

as clerks or notaries in the imperial chancery. The Frankish court

numbered among its members a functionary of the highest rank, and always

a clergyman, from the very necessity of the case, who went by the name

of Apocrisiarius, Archicapellanus, Capellanus[239], or at an earlier

period, of Referendarius[240]; at a later again, of Archicancellarius,

because he had a subordinate officer or deputy commonly called the

Cancellarius. He was the head of those whose business it was to prepare

writs and other legal instruments, and who went by the general names of

Notarii or Tabelliones[241]. In a state which admitted of what are now

called Personal laws, that is, where each man might be judged, not

according to the law of the place in which he was settled, but that of

his parents, that under which he was born,—where Frank, Burgundian,

Alaman and Roman might claim each to be tried and judged by Frankish,

Burgundian, Alamanic or Roman law respectively, whatever might be the

prevalent character of the territory in which he was domiciled,—such an

officer was indispensable. The administration of the customary,

unwritten law of the Teutonic tribes might have been left to Teutonic

officers; but what was to be done when a Provincial claimed the

application to his case of the maxims and provisions of Roman

jurisprudence? What was to be done when a collision of principles and a

conflict of laws took place, and must be provided for? A clergyman,

whose own nation, whatever it might be, merged in the Roman _per

clericalem honorem_[242], must necessarily become a principal officer of

a state which numbered both Romans and clergymen among its subjects; and

hence the Apocrisiarius had a seat in the Carolingian parliament[243],

as well as in the Council of the Household, and ultimately became the

principal minister for the affairs of the clergy[244]. But no such

necessity existed in England, where there was no system of conflicting

laws, and where the use of professional notaries was unknown[245], and I

therefore see no _à priori_ probability of there having been any such

officer as the Referendarius or Apocrisiarius in our courts. Nor till

the reign of Eádweard the Confessor is there the slightest historical

evidence in favour of such an office[246]: under this prince however,

whose predilection for Norman customs is notorious, it is not improbable

that some change may have taken place in this respect, and that a

gradual approximation to the continental usage may have been found. The

occurrence therefore of a Cancellarius, Sigillarius and Notarius among

his household does not appear matter of great surprise, and may be

admitted as genuine, if we are only careful not to confound the first

officer with that great functionary whom we now call the Lord High

Chancellor of the realm. We are told that, among his innovations,

Eádweard attempted to introduce the use of seals; the uniform tenor of

his writs certainly renders it not improbable that he had also notaries

or professional clerks, and I can therefore admit the probability of his

having appointed some faithful chaplain to act as his chancellor, that

is, to keep his seal,—though not yet used for public instruments,—and to

manage the royal notarial establishment. There are many persons named as

royal chaplains; some, whose successive appointments to bishoprics

appeared to our simple forefathers to encroach too much upon the proper

and canonical mode of election. Among them are the following:—

Eádsige capellanus, 1038[247]

Stigandus capellanus, 1044[248].

Heremannus capellanus, 1045[249].

Wulfwig cancellarius, Eádweard, 1045[250].

Reginboldus sigillarius, ... ... [251].

Reginboldus cancellarius, Eádweard, 1045[252].

Ælfgeat notarius, ... ... [253].

Petrus capellanus, ... ... [254].

Baldwinus capellanus, ... ... [255].

Osbernus capellanus, ... ... [256].

Rodbertus capellanus, ... ... [257].

Heca capellanus, 1047[258].

Ulf capellanus, 1049[259].

Cynesige capellanus, 1051[260].

Wilhelmus capellanus, 1051[261].

Godmannus capellanus, 1053[262].

Gisa capellanus, 1060[263].

Footnote 239:

Hincmar. § 32.

Footnote 240:

“Qui referendarius ideo est dictus, quod ad eum universae publicae

deferentur conscriptiones, ipseque eas annulo regis, sive sigillo ab

eo sibi commisso muniret seu primaret.” Aimo. Gest. Franc. iv. 41.

Eichhorn, i. 194, note f. § 25, b.

Footnote 241:

“Apocrisiario sociebatur summus cancellarius, qui a secretis olim

appellabatur, erantque illi subiecti prudentes et intelligentes ac

fideles viri, qui praecepta regia absque immoderata cupiditatis

venalitate scriberent, et secreta illius fideliter custodirent.”

Hincmar. § 16. Eichhorn, _loc. cit._

Footnote 242:

“Landulfus et Petrus clericus germani, ... qui professi sumus ex

natione nostra legem vivere Langobardorum, sed ego Petrus clericus per

clericalem honorem lege videor vivere Romana.” Lupi. p. 223, cited by

Savigny, Röm. Recht. i. 120.

Footnote 243:

Hincmar. § 16, 19, 21. Döninges, Deut. Staatsr. p. 24 _seq._

Footnote 244:

Eichhorn, § 25, b. i. 195.

Footnote 245:

“Quoniam tabellionum usus in regno Angliae non habetur.” Mat. Paris,

Hen. III.

Footnote 246:

In Cod. Dipl. Nos. 3, 4, an Angemundus referendarius is mentioned, but

these two charters are glaring forgeries.

Footnote 247:

Flor. Wig. an. 1038, Abp. Canterbury.

Footnote 248:

Ibid. an. 1044, Abp. Canterbury.

Footnote 249:

Ibid. an. 1045, Bp. Ramsbury.

Footnote 250:

Cod. Dipl. No. 779.

Footnote 251:

Cod. Dipl. No. 810.

Footnote 252:

Cod. Dipl. Nos. 813, 824, 825, 891.

Footnote 253:

Ibid. No. 825.

Footnote 254:

Ibid. Nos. 813, 825.

Footnote 255:

Ibid. No. 813.

Footnote 256:

Ibid. No. 825.

Footnote 257:

Ibid. No. 825, Abp. Canterbury.

Footnote 258:

Flor. Wig. an. 1047, Bp. Selsey.

Footnote 259:

Ibid. an. 1049, Bp. Leicester.

Footnote 260:

Ibid. an. 1051, Abp. York.

Footnote 261:

Ibid. an. 1051, Bp. London.

Footnote 262:

Ibid. an. 1053.

Footnote 263:

Ibid. an. 1060, Bp. Wells.

-----

Eádweard’s queen Eádgyfu and her brother Harald had also their

chaplains; Walther, afterwards bishop of Hereford[264], and Leófgár who

preceded him in the same see[265], and who, being probably of the same

mind as his noble and warlike lord, was no sooner a bishop than “he

forsook his chrism and rood, his spiritual weapons, and took to his

spear and sword,” and so going to the field against Griffin the Welsh

king, was slain, and many of his priests with him. The establishment of

chaplains in the royal household is, of course, of the highest

antiquity; it is probable that they were preceded there by Pagan

priests, and formed a necessary part of the royal comitatus in all

ages[266].

-----

Footnote 264:

Ibid. an. 1060.

Footnote 265:

Ibid. an. 1050, Chron. 1056.

Footnote 266:

“Desiderante rege [Alchfrið] ut vir tantae eruditionis ac religionis

sibi specialiter individuo comitatu sacerdos esset et doctor.” Beda,

H. E. ii. 19.

-----

Among the royal officers was also the Pedissequus or as he is sometimes

called Pedessessor, whose functions I cannot nearer define, unless he

were a king’s messenger. The following instances occur:—Æðelheáh

pedessessor, who appears to have been a duke[267]: Bola pedisecus[268]:

Ælfred pedisecus[269]. Eástmund pedisecus[270]. In Beówulf, Hunferð the

orator is said to _sit_ at the king’s _feet_, “ðe æt fótum sæt freán

scyldinga.” (l. 994.)

-----

Footnote 267:

Cod. Dipl. Nos. 196, 199, 207.

Footnote 268:

Ibid. No. 220.

Footnote 269:

Ibid. No. 227.

Footnote 270:

Ibid. No. 281.

-----

In the year 1040, Hardacnut’s _carnifex_ or executioner is described as

a person of great dignity[271]. Other titles are also enumerated, some

of which appear to denote offices in the royal household: thus we find

Radulfus aulicus[272], Bundinus palatinus[273], Deórmód

cellerarius[274], Wiferð claviger[275], Leófsige signifer[276], Ælfwine

sticcere[277], Æðelríc bigenga[278]. It is uncertain whether the

following are to be considered as regular members of the court, or

whether their presence was merely accidental, on a particular occasion:

Brihtríc and Ælfgár, consiliarii[279], Ælfwig[280] and Cyneweard[281]

praepositi, Godricus tribunus[282], Aldred theloniarius[283]. Nor is it

absolutely demonstrable that those who claimed consanguinity with the

king formed part of his household, although they probably made their

connexion valid as a recommendation to royal favour. “The king’s poor

cousin[284]” seems at all events to have taken care that his light

should shine before men, as we learn from the signatures, Ælfhere ex

parentela regis[285], Leófwine propinquus regis[286], Hesburnus regis

consanguineus[287], Rodbertus regis consanguineus[288], and similar

entries.

-----

Footnote 271:

“Ælfricum Eboracensem archiepiscopum, Godwinum comitem, Stir majorem

domus, Thrond suum carnificem, et alios magnae dignitatis viros,

Lundoniam misit.” Flor. Wig. an. 1040.

Footnote 272:

Cod. Dipl. No. 813.

Footnote 273:

Ibid. No. 813.

Footnote 274:

Ibid. No. 320.

Footnote 275:

Ibid. No. 346.

Footnote 276:

Ibid. No. 346.

Footnote 277:

Ibid. No. 799.

Footnote 278:

Ibid. No. 745.

Footnote 279:

Ibid. No. 811.

Footnote 280:

Ibid. Nos. 792, 793, 800.

Footnote 281:

Ibid. Nos. 792, 800.

Footnote 282:

Cod. Dipl. No. 945.

Footnote 283:

Ibid. No. 218.

Footnote 284:

Shaksp. Hen. IV. Pt. ii. sc. 2.

Footnote 285:

Cod. Dipl. No. 436.

Footnote 286:

Ibid. No. 436.

Footnote 287:

Ibid. No. 813.

Footnote 288:

Ibid. No. 813.

But no such doubt applies to the household troops, or immediate

body-guard of the king. These are commonly called Húscarlas, by the

Anglosaxon writers, and continued to exist under that name after the

Norman conquest. Lappenberg has very justly looked upon them as a kind

of military gild, or association, of which the king was the master[289].

I doubt whether they were organized as a separate force before the time

of Cnut; but it is certain that under that prince and his Danish

successors they attained a definite and settled position. It is probable

that this resulted from the circumstances under which he obtained the

crown of England, and that the institution was not known to his Saxon

predecessors: as an invader, not at all secure of his tenure, and

surrounded by nobles whose previous conduct offered but slight guarantee

of their fidelity, it became absolutely necessary to his safety to

organize his own peculiar force in such a way as to secure the readiest

service if occasion demanded it. This was the object of the Witherlags

Ret, by which the privileges and duties of the Húscarlas were settled.

Of this law Lappenberg observes:—“With greater probability may be

reckoned among the earlier labours of Cnut, the composition of the

Witherlags Ret, a court- or gild-law, framed for his standing army, as

well as for the body-guards of his jarls. As the greater part of his

army remained in England, the Witherlags Ret was there first

established, and as the introduction of strict discipline among such a

military community must precede all other ameliorations in the condition

of the country, the mention of this law in its history ought not to be

omitted[290]. The immediate military attendants of a conqueror always

exercise vast influence, and these originally Danish soldiers

(thingamenn, thingamanna lith, by the English called Húscarlas) have at

a later period, both as bodyguards of the king and of the great vassals,

acted no unimportant part in the country. They were armed with axes,

halberds and swords inlaid with gold, and in purpose, descent and

equipment corresponded to the Warangian guard (Wæringer), in which the

throne of the Byzantine emperors found its best security. In Cnut’s time

the number of these mercenaries was not very great,—being by some

reckoned at three thousand, by others at six thousand[291]—but they were

gathered under his banner from various nations, and consequently

required the stricter discipline. Even a valiant Wendish prince,

Gottschalk, the son of Udo, stayed long with Cnut in England, and gained

the hand of a daughter of the royal house[292]. Cnut himself appears

rather as a sort of grand-master of this military gild, than as its

commander, and it is said that, having in his anger slain one of the

brotherhood in England, he submitted himself to its judgment in their

assembly (stefn) and paid a ninefold compensation[293]. The degrading

epithet of ‘nithing’ applied to an expelled member of the gild, is an

Anglosaxon word, which at a later period occurs in a way to render it

extremely probable that the gild-law of the royal house-carls was in

existence after the Norman conquest[294].”

-----

Footnote 289:

Thorpe’s Lappenberg, ii. 202, and his references to Suen Aggonis,

Hist. Legum Castrens. Regis Canuti Magni, c. iv. ap. Langebek, iii.

146; ii. 454, note _d._ Palgrave, ii. p. ccclxxxi. Ellis, Introd.

Domesd. i. 91; ii. 151 _seq._

Footnote 290:

This observation requires to be taken with some caution. The

Witherlags Ret was a private and bye-law, not a public law, and had

little to do with the public law, except in as far as it connected the

conquering force by closer bonds, and secured their energetic action

as a body, upon emergency. It was devised to keep the household troops

together, not to apply in any way to their public relation towards the

Saxons. Its influence was therefore only such as derived mediately

from the fact of its maintaining the king at the head of a select

_prætorian_ cohort,—important occasionally, but always accidental.

There is no evidence that the great men of England, the Godwines, or

Leófrics, were ever Húscarlas, or that the leaders of this force were

ever Ealdormen or Geréfan. In fact it was the king’s “Army-club,” and

had neither constitutional place nor recognized power. The Húscarlas

were probably very like what the Mousquetaires and Gardes-de-corps

were in France before the first Revolution, and what the Lifeguards,

Leib-regimente, Guardia Real, and so on, have been in other states of

Europe; nor altogether unlike the Garde Impériale of Napoleon.

Footnote 291:

Three thousand men, all disciplined, all well-armed, all united by the

certainty that the struggle must be for life or death, formed a force

morally, if not physically and numerically, superior to any that could

be brought against them on a sudden. Such a body were amply secure in

a state which could only set on foot a clumsy and reluctant militia.

They were, in fact, nearly the only professional soldiers,—and as yet

there had been no Rocroy, Sempach or Morgarten.

Footnote 292:

Adam Bremen. ii. 48, 59; iii. 21.

Footnote 293:

Suen Aggon. i. cap. 10.

Footnote 294:

Sax. Chron. 1049. Will. Malm. lib. iv. de Willelmo Secundo, an. 1088

(Hardy’s ed. ii. 489). But Lappenberg’s conclusion is not justified by

the premises, for Niðing, which Mat. Paris declares to have been so

especially an Anglosaxon word as to be untranslatable, was probably in

use as a term of supreme contempt, long before the establishment of

the Húscarlas in England and long after their disbanding.

-----

The details of this law are of the most stringent description,

regulating even the minutest points of social intercourse. Its extreme

punishment was expulsion; but expulsion was nearly equivalent to death,

situated as the Húscarlas were expected to be, among a hostile

population. And though the offending brother had his election, whether

he would retire from the gild by sea or land, yet the circumstances

which attended his ejection were not those of mercy or alleviation. To

the seashore, the whole body of his ancient comrades were to accompany

him; then launching him in a boat, with oars or sails, they were to

commit him to his fortune: henceforth he was not only a stranger but an

enemy, an outlaw: if stress of weather or other accident brought him

back to the shore, he might be fallen upon and slain without remorse or

retribution. Or if he chose to retire by land, he was to be led to the

nearest wood, and there to be watched till his form was lost in the

darkness of the thickets: three successive shouts were then to be

raised, to warn him of the direction in which his gild-brothers lay in

wait. If then, through the devious error of the forest he returned into

their presence, his life was forfeit. To insult, injure or dishonour a

brother was an offence punished with the utmost severity; and if three

of the Húscarlas concurred in accusing one of the body, there was

neither denial nor exculpation allowed; the penalty followed inevitably.

Such severe regulations as these fully explain their object; and it

seems to have been successfully attained, for we are told that, at least

during the life of Cnut, the penalties were never once incurred or

enforced[295].

Footnote 295:

Except in his own case, where they were incurred, but not enforced.

The story (found in great detail in Saxo-Grammaticus, book x.) seems

exaggerated; but nevertheless it is easy to see that the strict

application of the law to the king would have caused the destruction

of the whole system. As they could not do without Cnut, and had no law

whereby to judge him, save the one whose application in his case was

impossible, they suffered him to assess his own penalty. He paid nine

times the wergyld of the brother he had slain.

From the collocation of names among the witnesses to a very important

charter of 1052-1054, we may infer that the Stealleras or Marshals were

the commanding officers of the Húscarlas[296]. We cannot doubt that they

did really exercise an important personal influence in England, although

they filled no recognized position under the law: it is probable that

they were reckoned as thanes or ministers, as far as their wergyld and

heriot were concerned; but we have no evidence of this, and I should not

dispute the assertion that from first to last they had a law of their

own,—a personal right,—that they were not generally or originally

landowners, and that their institution was a modified revival of the

system of the Comitatus in its strictest form. But upon these points we

cannot decide. It is very rarely that we find the Húscarlas acting as

witnesses to charters, which perhaps may lead to the inference that they

were not members of the Witena gemót[297]: but in 1041 we are told that

Hardacnut sent two of his Húscarlas, Feader and Turstan, to collect an

unpopular tax, and that a sedition was raised against them in Worcester,

which was not suppressed till the force of several counties, under the

most celebrated leaders of the day, was brought against the city[298].

Footnote 296:

Cod. Dipl. No. 956. After the testimonies of the king, queen,

archbishops, bishops, earls, and abbots, we have, “And on Esgáres

stealres, and on Raulfes stealres, and on Lifinges stealres, and on

ealra ðæs kynges húscarlan.” Then follow the subscriptions of

chaplains and others.

Footnote 297:

But Wulfnoð a húscarl is mentioned, Cod. Dipl. No. 845, and Urk, a

húscarl in No. 871, both as grantees. So again Þurstán húscarl, a

holder of land in Middlesex. Cod. Dipl. No. 843.

Footnote 298:

Flor. Wig. an. 1041.

-----

In a charter of the Confessor, we find the word Húscarl translated by

“praefectus palatinus[299],”—a title which scarcely seems applicable to

all the members of a body numbering six, or even three, thousand men:

but, however this may be, we must not confound these _praefecti

palatini_ with the other, earlier _praefecti_ who occur in Anglosaxon

history[300]: these are clearly only geréfan or reeves, and have nothing

to do with the especial body of household troops.

-----

Footnote 299:

Cod. Dipl. No. 843.

Footnote 300:

Cod. Dipl. Nos. 746, 751, 762, 767.

-----

It remains only to add that, in imitation of the king, the great nobles

surrounded themselves with a body-guard of Húscarlas[301], who probably

stood in the same relation to their lord, as he did to the king: in

short the institution is only a revival of the Comitatus, described in

the First Book, and must have gone through a similar course of

development. Nay, the details which have reached us of the later

establishment may possibly throw light upon the earlier, and serve to

explain some of the peculiarities which strike us in the account of

Tacitus. This difference indeed there is, that in the later form the

king and the comites unite in a definite bond, with respective,

stipulated rights; in the earlier form, the comites attach themselves to

the king, without stipulation or reserve, although no doubt under the

protection of a customary and recognized, although unwritten, law.

-----

Footnote 301:

Florence of Worcester, speaking of the revolt of the Northumbrians

against their duke Tostig, in 1065, says: “Eodem die primitus illius

Danicos húscarlas Amundum et Ravensueartum, de fuga retractos, extra

civitatis muros, ac die sequente plus quam cc. viros ex curialibus

illius in boreali parte Humbrae fluminis peremerunt.” an. 1065. One

manuscript of the Saxon Chronicle thus relates these events: “And sona

æfter ðison gegaderedon ða þegenas hi ealle on Eoforwícscyre ⁊ on

Norðhymbralande togædere, ⁊ geútlagedan heora eorl Tosti, ⁊ ofslógon

his hírédmenn ealle ðe hig mihten tócumen.” But another says:

“Tostiges eorles húskarlas ðar ofslógon, ealle ða ðe hig geáxian

mihton.” Hírédmen are _familiares_, those who live in the house, or

form part of the house or family; and this seems the original and

strict definition of the húscarl.

-----

The Saxons in England, Volume 2 (of 2) A history of the English commonwealth till the period of the Norman conquest · 第 4 / 15 章