Glentham 3 0

" 0 10

Glentham and Caenby 7 6

-------------

12 0

Scotton 0 4

" 0 4

" 2 0

" 6 0

-------------

9 0

Irby-on-Humber 1 4

" 1 0

" 0 4

-------------

3 0

Somerby 2 4

" 0 6

-------------

3 0

Barrow-on-Humber 11 0

" 1 0

-------------

12 0

-------------

South Elkington 4 0

" 8 0

-------------

12 0

Winteringham 11 0

" 1 0

-------------

12 0

Nun Ormsby 2 2

" 4 4

" 2 2

-------------

9 0

Croxby 0 3

" 0 5

" 1 0

" 1 0

-------------

3 0

Worlaby 2 2

" 0 6

-------------

3 0

Lastly, to complete the parallel with the Leicestershire Hundreds

_infra_, we may take this case (_cf._ p. 65, note 122):

Claxby and Well 14

Claxby 10

--

24

Precisely the same system prevailed in Holland as in Lindsey, for

the 'Testa de Nevill' preserves for us the constituents of a Holland

Wapentake, that of 'Elhou':

Pinchbeck 12

Spalding 12

Weston 6

Moulton 6

Whaplode and Holbeach 18

Fleet 6

Gedney 8} 12

Lutton 4}

Sutton 9-3/4} 12

Tydd 2-1/4}

----

84

The Lindsey Survey would describe such a Wapentake as containing

'Seven Hundreds'.

Crossing the border from Lincolnshire into Rutland (_i.e._ the Rutland

of Domesday), we find the same system at work that meets us in the

Lindsey Survey. We read:

In Alfnodestou Wapent' sunt ii. Hundrez. In unoquoque [sunt]

xii. carucatæ ad geldum.... In Martinesleie Wap' est i.

hundret, in quo xii. carucatæ ad geldum.--_D.B._, i. 293_b._

On analysing the contents of these Wapentakes, we find this statement

fully borne out, the former containing twenty-four, and the latter

twelve, 'carucatæ terræ'. These are carefully contrasted throughout

with the 'terra carucæ' or areal measure.[146]

In Yorkshire, Notts and Derby, we have less direct evidence. Sawley,

in Derbyshire, has indeed been alleged to be entered in Domesday as

a Hundred of twelve carucates, but Domesday does not justify this

assertion being made.[147] I would rather trust to the notable

formula, which, as I explained at the outset, is common to these

counties for proof that they also were arranged in 'Hundreds' of

twelve carucates.

The prevalence, however, of assessment by sixes, threes, and twelves,

meets us on every side, as does, in hidated districts, the assessments

by fives and tens. At the outset, for instance, of the survey of

Yorkshire we have the district 'gelding' with the city assessed at

eighty-four (12×7) carucates (which would be described in Lincolnshire

as seven 'Hundreds'). We have two lists of the details, which are

given here.[148]

_Car. terræ_ _Car. terræ_

Archbishop 6 Archbishop 6

Osboldeuuic 6 Osboldeuuic 6

Stocthun 6 Stochetun 6

Sa'bura 3 Sa'bure 3

Heuuarde 6 Heuuorde 6

Ditto 3

Fuleford 10 Fuleforde 10

Round the City 3 Round the City 3

Cliftune 18 Cliftune 18

Roudclif 3 Roudeclif 3

Ouertun 5 Ouertune 5

Sceltun 9 Scheltune 9

Mortun 3 Mortune 3

Wichistun 1 Wichintun 3

---- ----

'84' '84'

These lists have a value independent of their illustration of the

arrangement in threes and sixes. They show how Domesday breaks down,

when it supplies a check upon its own evidence, by failing to make its

details agree with its total; and they further show by the discrepancy

between them how easily error may arise, and how rash it must be to

argue from a single case.[149]

Yorkshire presents other traces, in its Hundreds, of the same system.

Thus the townships in the Hundred of 'Toreshou' follow one another

in this order: 18, 18, 20, 6, 18, 8, 12, 12 (8+4), 6, 18, 8, 18, etc.

(_infra_, p. 80).

But my strong evidence is found in an invaluable survey of

Leicestershire, unknown till now to historians,[150] which does for

the carucated districts just what the _Inq. Com. Cant._ does for the

hidated ones. Here we find the townships grouped in small blocks

of from six to twenty-four 'carucatæ terræ', as a rule with almost

monotonous regularity. And these blocks are further combined in small

local Hundreds, of which the very existence is unknown to historians

and antiquaries,[151] and which are usually multiples, like the

Lincolnshire Wapentake, of the six-carucate unit.

It will be remembered that in the case of Cambridgeshire, I selected

for my first two examples a Hundred of 50 hides, composed of 5 Vills

assessed at 10 hides each, and a Hundred of 70 hides, composed of 7

Vills, assessed at 10 hides each. In Leicestershire, precisely in the

same manner, I shall begin with the simplest forms and select Hundreds

of 36 and 48 carucates, composed of Vills uniformly assessed at 12

carucates each.

HUNDRED OF SCALFORD

Scalford 12 (11-1/2 + 1/2)

Goadby 12 (6 + 6)

Knipton 12 (8-3/4 + 3-1/4)

----

36

HUNDRED OF KIBWORTH

Kibworth (Beauchamp) 12

Kibworth (Harcourt) 12

'Bocton' 12

Carlton 12 (10 + 1-1/4 + 3/4)

----

48

From these we may advance to other combinations:

HUNDRED OF HARBY

Harby and Plungar 18

Stathern 18

----

36

HUNDRED OF TONG

Tong 12

Kegworth 15} 18

Worthington 3}

'Dominicum' 12

----

42

HUNDRED OF LANGTON

Langton (1) } { 14-1/2 (11-1/4 + 3-1/4)

Thorp (Langton) } 24 { 3-3/4

Langton (2) } { 5-3/4

Tur Langton } { 12

Shangton } 24 { 12 (10 + 2)

----

48

With these types as clues we are in a position to assert that where

the total assessment of a Hundred varies but slightly from a multiple

of six, there must have been some slight error in one of the figures.

Thus Hundreds of 35-1/2, 34-13/16 carucates, etc., may be safely

assumed to have been Hundreds of 36 carucates; those of 41, 43-7/8,

etc., would be of 42 carucates; those of 48-7/8, 50, etc., would be

of 48 carucates. These slight discrepancies, precisely as in

Lincolnshire, are accounted for by Vills of 6 or 12 carucates, being

entered as of 5-7/8, 5-13/16, 6-3/4, or 11-7/8, 13, etc. Thus:

HUNDRED OF EASTWELL

_Vills_ _Carucates_

Eastwell 12 (2 + 6 + 4)

Eaton 12-1/4 (3-1/4 + 9/16 + 8-7/16)

Branston 12 (7-1/2 + 4-1/2)

-------

36-1/4

The most usual Leicestershire Hundreds are those of 36, 42, and 48

carucates, which, be it observed, would be described in the language

of the Lindsey Survey as 'Wapentakes' of 3, 3-1/2, and 4 'Hundreds'

respectively. The name may be different: the thing is the same.[152]

It will have been seen by this Survey that the 'Vills', single or

grouped, were assessed precisely as in Cambridgeshire, save that there

the assessment was reckoned in fives and tens, while here it was in

sixes and twelves.

VIII. THE LEICESTERSHIRE 'HIDA'

The case of Leicestershire introduces us to a very curious point.

Leicestershire is not one of those counties to which the singular

formula that I discussed above refers. This suggests that it was not

arranged in 'Hundreds' of twelve carucates. The above Survey confirms

this, for it shows us Hundreds resembling in character those found in

the hidated districts. But although the twelve-carucate unit of

the 'Hundred' is not found in Leicestershire, we do find in it a

group-unit, and that unit is the _hida_. Just as we have seen the

Hundred used in two wholly different senses, so also was the 'hida'.

The quite peculiar way in which 'hida' occurs in Leicestershire (which

was not a hidated but carucated district) completely baffled Mr Eyton,

and was misunderstood by Mr Pell.[153] Both writers failed to observe

not only that the use of 'hida' is here of a peculiar character, but

also that the normal 'hida' of Domesday (from which they could not

emancipate themselves) would be quite out of place in this carucated

district.

The first point to grasp is that this Leicestershire 'hida' was a term

which, locally I mean, explained itself. It is used at least a dozen

times in the Survey of Leicestershire without any mention of its

contents. Those contents must have been, therefore, familiar and

fixed. But what were those contents? Three incidental notices enable

us to determine them:

231 (_a_), 2: 'Ibi est i. hida et iiii^{ta.} pars i. hidæ. Ibi

sunt xxii. car' terræ et dimidia.'

236 (_a_), 1: 'II. partes unius hidæ, id est xii. car' terræ.'

237 (_a_), 2: 'II. partes unius hidæ, id est xii. car' terræ.'

Just as the 'Hundred' of Lincolnshire was a sum of twelve

carucates, so the 'Hide' of Leicestershire was a sum of _eighteen

carucates_.[154] Working in the light of this discovery (for as such

I claim it), we find that the other 'hides', thus interpreted, give

us an aggregate of 'carucates' obviously suitable to the recorded

ploughlands.[155] It may, however, be fairly asked why Domesday

should speak in one place of half a 'hide', and in another of nine

'carucates'; in one place of a hide and a third, and in another of

twenty-four carucates. The answer is that the singular love of variety

which distinguishes Domesday in Cambridgeshire (as we saw) is at

work here also. For instance, two equal estates are thus described:

'Willelmus iiii. car' terræ et dimidiam et iii. bovatas, et Rogerus

iiii. car' terræ et vii. bovatas' (fo. 234_a_). The same instinct

which led the scribe to enter these seven bovates as half a carucate

_plus_ three bovates, led him also to enter ten and a half carucates

as half a hide _plus_ a carucate and a half (fo. 237_a_).

But to the rule I have established there is a single exception. We

read of 'Medeltone' in this shire: 'Ibi sunt vii. hidæ et una carucata

terræ et una bovata. In unaquaque hida sunt xiiii. carucatæ terræ et

dimidia' (fo. 235_b_). The actual formula employed is unique for the

shire, and the figures are specially given as an exception. But, with

singular perversity, Domesday students have always been inclined to

pitch upon the exceptions as representing the rule, forgetting that

it was precisely in exceptional cases that figures had to be given. In

normal cases they would have been superfluous.

Several years have elapsed since I wrote the above explanation, but

I have decided to publish it exactly as it originally stood. In the

meanwhile, however, Mr Stevenson has dealt with the subject in

an article on 'The Hundreds of Domesday: the Hundred of Land'

(1890).[156] He has advanced the ingenious theory that the

Leicestershire 'hida' was only a clerical error for H[undred], and

that it was really that 'Hundred' of _twelve_ carucates which we

meet with in the Lindsey Survey. To prove this, he reads an entry on

236_a_, 1, as 'Ogerus Brito tenet in Cilebe de rege ii. partes unius

hidæ, id est xii. car[ucatæ] terræ', and claims that this gloss

defines the 'hida' as a 'hundred' of twelve carucates. I confess that

to me such a rendering is in the highest degree non-natural. If we

speak of 'two-thirds of a yard, that is twenty-four inches', we

should clearly imply that the yard itself was thirty-six inches, not

twenty-four. Similarly, I claim to render the 'gloss' as implying that

the 'hida' itself contained eighteen carucatæ, not twelve.[157] If

I am right, Mr Stevenson's suggestion that this 'hida' was really a

'Hundred' also falls to the ground.

After careful study of the Domesday Survey of Leicestershire,

I definitely hold that in that county 'carucata terræ' was the

geld-carucate and 'terra _x_ car[ucis]' the actual ploughlands.[158]

Now there are only three instances in which the Survey records the

assessment both in terms of the 'hida' and in 'carucatæ terræ', and in

all three the figures support my own theory. The Abbot of Coventry's

Burbage estate (231_a_, 2), where a 'hide' and a quarter equates

22-1/2 'carucatæ terræ', is a test-case, and Mr Stevenson there takes

refuge in a suggested 'beneficial hidation'. The exact formula, no

doubt, is peculiar, but reference to the text shows that 's[un]t' has

been interpolated between 'ibi' and 'xxii.' I suspect that the scribe

had written 'ibi' (from the force of habit) when he ought to have

written 'id est'.

I close this portion of my essay by applying my own theory to the case

of 'Erendesbi' (Arnesby). The relative entries are:

'Episcopus Constantiensis tenet in Erendesber iii^{as.}

car[ucatas] terræ et dim. et unam bovatam (231).'

'W[illelmus] Pevrel tenet dim. hidam et iii. bovatas terræ in

Erendesbi (235).'

Put into figures they work out:

_Car._ _Bov._

Bishop of Coutances 2-1/2 1

William Peverel 9 3

------------

12 0

So that Arnesby was a typical Vill assessed at twelve carucates.[159]

IX. THE LANCASHIRE 'HIDA'

There is one other case of a peculiar 'hide' in Domesday. This is that

which is found in the land 'between Ribble and Mersey', that district

of which the description offers so many peculiarities. We find it

divided into six hundreds, and of the 'hides' in the first, that of

(West) Derby, we read: 'In unaquaque hida sunt vi. carucatæ terræ' (i.

269_b_). Whether or not that explanation applies, as is believed, to

the whole district, we have here again a 'Danish' place-name brought

into direct relation with the six-carucate unit. On the opposite

bank of the Mersey lay the Wirral peninsula, in which this system of

assessment cannot be traced.

Mr Green alluded to the Danish 'byes' as found, by exception, 'about

Wirral in Cheshire',[160] and held that Norsemen from the Isle of Man

had founded 'the little group of northern villages which we find in

the Cheshire peninsula of the Wirral'.[161] I cannot find them myself.

In his 'Notes on the Domesday Survey, so far as it relates to the

Hundred of Wirral'[162] (1893), Mr Fergusson Irvine, in a paper

which shows, though somewhat discursive, how much can only be done

by intelligent local research, has collated all the Domesday entries.

'Raby' is the one place I can there find in the peninsula with the

'bye' termination; while out of fifty-one entries twenty refer to

places with the English termination 'tone', and the Anglo-Saxon

test-words 'ham' and 'ford' are found in four others. There were,

doubtless, Norse elements in the peninsula, but they were not strong

enough to change the place-names or divide the land on their own

system. In the same way, Chester had its 'lawmen', though it was not

one of the Five Boroughs, nor is what I have termed the Scandinavian

formula applied to Cheshire in Domesday. So, too, there were lawmen at

Cambridge, and their heriot included eight pounds,[163] which occur in

the above formula as the twelve marcs of the Danish 'Hundred'. Yet the

whole system of Cambridgeshire was non-Danish. It was only, in short,

where the northern invaders had settled down as a people that they

were strong enough to divide the land anew and organize the whole

assessment on their own system.

X. THE YORKSHIRE UNIT

We have seen that the unit of assessment for the carucated districts

of England was 'vi. carucatæ terræ', just as five hides was the

old unit in the south. We have also seen that the former reckoning

extended over those districts which the Danish immigrants had settled.

There remains the question whether the Danes had merely substituted

six for five in the pre-existing arrangement, or had made a wholly new

one for themselves based on actual area.

It is _primâ facie_ not probable that they can have adopted the latter

course, for the uniformity of their assessment proves its artificial

character. Yet, in his remarkable paper on 'The Ploughland and the

Plough',[164] Canon Taylor has arrived at the conclusion that:

The geldable carucate of Domesday does not signify what the

carucate usually signifies in other early documents. The

'carucata ad geldum' is not as commonly stated by Domesday

commentators, the quantity of land ploughed in each year by

one plough, but it is the quantity tilled in one year _in one

arable field_ by one plough.[165]

This 'novel and important proposition', as its author truly described

it, was probably the most notable contribution to our knowledge that

the Domesday Commemoration produced. The Canon's theory, which (so

far as his own East Riding is concerned) he certainly seems to have

established, is, at first sight, fatal to mine. But, on the other

hand, my own theory can be proved no less clearly for Leicestershire,

where the 'carucata terræ' and the ploughs are often connected in

about the same ratio as in Yorkshire.[166] This leads us to inquire

whether, even in the East Riding (where his theory works best), we may

not find traces of that assessment by the six-carucate unit which I

advocate myself. Such traces in Yorkshire we have already seen,[167]

but there is other and stronger evidence.

If we take the modern Wapentake of Dickering (the first on Canon

Taylor's list) and examine its three Domesday Hundreds of Turbar,

Hunton, and Burton, we obtain these results:[168]

TURBAR HUNDRED

Hundemanebi 24

Ricstorp, Mustone, Scloftone, and Neuton 18

Flotemanebi 6

Muston and Neuton 6

Fordun and Ledemare 6

Burton, Fulcheton, and Chelc 30

Chelc (2), Ergone, Bringeham, Estolf,

Fodstone, and Chemelinge 19

Nadfartone 23-3/4

Pochetorp 6

Helmeswelle and Gartune 44

HUNTON HUNDRED

Flaneburg and Siwardbi 24-1/2

Marton 9

Bredinton 18

Hilgertorp 6

Wivlestorp and Basingebi 12

Frestintorp 9 }

Eleburne 1/2 } 29-1/2

Eston 6 }

Bovintorp 14 }

Gerendele 12

Ricton, Benton and Spetton 24

Bocheton 12

Fleuston 14 }

Stactone 6 } 27

Foxhole 7 }

BURTON HUNDRED

Burton 12

Grenzmore (4+2) 6

Arpen (4+8) 12

Chillon (30+11+7) 48

Roreston (9+3) 12

Logetorp (1-1/2+5-1/2) 7 }

Thirnon 7 }

Ascheltorp (4+2) 6 } 36

Torp 3 }

Cherendebi 13 }

Caretorp (5+4+3) 12

Rodestain (8+8+8) 24

Twenc 17-1/4

Suauetorp 9

Fornetorp (4+14) 18

Butruid 12

Langetou (9+6) 15 }

Buitorp 5 }

Bruneton 3 } 42

Galmeton 8 }

Binneton 6 }

Widlaueston 5

The evidence of this last Hundred is so overwhelming that it cannot be

gainsaid.[169]

I claim, therefore, that my theory holds good even in Canon Taylor's

stronghold, but I do so without venturing to dispute the accuracy of

his own. How far they can be reconciled I leave to others to decide.

There are certain difficulties, however, which his brilliant

suggestion must raise. It is the essence of his theory that in a

two-field Manor the ploughland of 160 acres (half fallow) was

assessed at _one_ 'carucata terræ', while in the three-field Manor the

ploughland of 180 acres (a third fallow) was assessed at _two_. This

would be an obvious and gross injustice. Again, remembering that,

according to the Canon, the proportion of 'carucatæ' to ploughlands

should be either 2 to 1 or 1 to 1, what are we to make of such figures

as these, taken at a venture from a page of the Leicestershire Survey

(232_a_, 1):

_Carucatæ_ _Ploughlands_ _Carucata_ _Ploughlands_

1 2 12 8

1 1/2 11-1/8 7

2 1 9 4

5-5/8 4 7 6

2 1 6 5

2-5/8 4 2 4

1 1 10 7

6 4 9 6

8-7/8 6 5/8 1/2

1/2 1/2 6 4 (thrice)

28 22 4-7/8 3

It is certainly difficult to discover any regular or consistent

assessment in a system where the ploughland was represented by

anything from 1/2 _carucata_ to 2-1/4 _carucatæ_. There is, however,

in so many cases an approximation to an assessment of three _carucatæ_

for two ploughlands, that there seems to have been some underlying

idea, if we could only trace it out. But for this there is needed a

special investigation of all the carucated counties, a work of great

labour and requiring local co-operation. If we could have tables for

each county, arranged Hundred by Hundred and Vill by Vill, showing in

parallel columns the ploughland and the _carucatæ ad geldum_, we

could then, and only then, venture to speak positively. Till that

is accomplished we are not in a position to explain how a system

of assessment, based on actual area, could result in aggregate

assessments uniformly expressed in terms of the six-carucate unit.

XI. GENERAL CONCLUSIONS

In seeking a clue to the origin of that artificial assessment, of

which the traces, whether more or less apparent, linger on the pages

of Domesday, I propose to exclude the carucated district, because

we require, as I have said, more complete evidence as to the system

pursued within it, and because, being associated with the settlement

of the Danes it represents a later introduction, while the very name

'carucate', as I observed in _Domesday Studies_, has, unlike the

mysterious 'hide', an obvious connection with the ploughland.

Confining ourselves to the district assessed in terms of the 'hide',

we seek to learn the origin of the system by which, as I contend, it

was divided for the purpose of taxation into blocks, each of which was

expressed in terms of the five-hide unit.

Now if we follow the clue afforded by the Cambridgeshire evidence,

and hold that the assessment was originally laid not on the Manor,

nor even on the Vill, but on the Hundred as a whole,[170] it might

be suggested that the Hundred itself subdivided the amount among its

constituent elements. In practice, indeed, from the nature of the

case, this principle must have prevailed in every _town_ assessed at a

Hundred or Half-Hundred, for where an urban community was assessed

in 'hides' the burgesses must, as in later days, have settled among

themselves the proportion to be borne by individuals or individual

properties. If, then, they were able to do this, and if, as I hold,

town and country were assessed on the same principle, as part of the

same system, what was to prevent their neighbours, in the court of

the rural Hundred, similarly distributing among its constituents their

respective shares of the common burden?

We might even be tempted to go far further than this, and to carry

our discoveries to a logical conclusion. If, as is asserted, direct

taxation ('geld') began in England with the need for raising money to

buy off the Danes, let us ask ourselves how the Witan would proceed

when confronted with a demand, let us say, for £10,000. As there had

been hitherto, _ex hypothesi_, no direct taxation, there would be no

statistical information at their disposal, enabling them to raise by

a direct levy the sum required. Their only possible resource, we might

hold, would be to apportionate it in round sums among the contributory

shires. Proceeding on precisely the same lines, the county court,

in its turn, would distribute the _quota_ of the shire among its

constituent Hundreds, and the Hundred court would then assign to each

Vill its share. As the Vills were represented in the Hundred court,

and the Hundreds in the Shire court, the just apportionment of the

Shire's _quota_ would be thus practically secured. The arrangement

would, moreover, be as satisfactory to the Witan as it was fair to the

contributors _inter se_; for, by this gradation of responsibility, the

payment of the whole was absolutely secured. This explanation is very

tempting, and, indeed, such a system of apportioning liability is to

be traced from time immemorial in the Indian village community.[171]

Moreover, if the ratio of 'hides' to ploughlands were found to vary to

any marked extent, according to county, the hypothesis that the quota,

in the first instance, was laid upon each county would duly explain

the ratio assessment being higher or lower in one county than in

another.

But such an hypothesis would imply that this assessment dated only

from the days of Æthelred, or _circ._ 1000. Now the five-hide unit,

on the contrary, was undoubtedly an old institution. Church lordships,

the easiest to trace, appear to have retained their hidation unchanged

from early times, and the 'possessio decem familiarum' of Bede seems

to carry the decimal system back to very early days. Mr Seebohm,

indeed--though, like others, he had failed to discover the existence

of the five-hide system--saw in this 'possessio' of Bede a connecting

link with the Roman _decuria_, just as he saw in the Roman _jugatio_

the possible origin of English hidation. And we must, of course, trace

its artificial arrangement (1) either to the Romans, (2) or to the

Britons--assuming them to have had the same system as existed in Wales

for the food-rents, (3) or to the English invaders.

Arrested at this point by the difficulty of assigning to the system I

have described its real origin, I dropped these studies for some years

in the hope that there might come from some quarter fresh light upon

the problem. As I cannot, however, for lack of evidence, propound a

solution capable of proof, I will content myself with indicating the

line of research that offers, I venture to think, the most likelihood

of success.

The proportionate sums contributed by the several counties to the

Danegeld present a fruitful field of inquiry, but one, it would seem,

as yet unworked. Mr Eyton, it is true, observed that 'in Devon and

Cornwall the scope of the gheld-hide was enormous',[172] that is, in

other words, the assessment was strangely low, but it did not occur

to him to seek the cause of the phenomenon he observed. If, as was

the case, West Wales was assessed on quite a different scale to the

counties adjoining it on the east, it may suggest a conclusion no less

important than that, when the latter were originally assessed,

West Wales was not yet a portion of the English realm. But, before

concluding that the hide assessment is proved to be as ancient as

this, we must see whether it is possible to detect any principle at

work in the total assessments of the several counties, any relation

between their area and the sums they contributed to the geld as

entered in the Pipe Roll of 1130, our first evidence on the subject.

For such an enquiry it is especially needful to insist on breadth of

treatment. In the first place, the modern area of the counties may

vary more or less from the original extent;[173] in the second we

have no proof that the assessment had always been the same, though the

tendency in early days, no doubt, was to stereotype such figures. We

must not, therefore attempt close or detailed investigation but if,

on a review of the whole evidence, we detect certain broad features,

uneffaced by the hand of time, we may fairly claim that we have in

these the traces of a principle at work, the witness to a state of

things prevailing in the distant past.

On comparing the contributions to a 'geld' at two shillings on the

hide with the (modern) area of counties, we find that a rate of about

a pound for every seven square miles prevailed widely enough to be

almost described as normal.

The three eastern counties work out thus:

Square Miles (At 1/7) Actual Sum

£ £ s d

Norfolk 2,119 302-5/7 330 3 2

Suffolk 1,475 210-5/7 235 0 8

Essex 1,542 220-2/7 236 8 0

In all three cases the proportion to the square mile is between a

sixth and a seventh of a pound. In Cambridgeshire it is just under, in

Sussex, just over, a seventh:

Square Miles (At 1/7) Actual Sum

£ £ s d

Cambridgeshire 820 117-1/7 114 15 0

Sussex 1,458 208-2/7 209 18 6

Most remarkable, however, is this Midland group:

Square Miles (At 1/7) Actual Sum

£ £ s d

Leicestershire 700 100 100 0 0

Warwickshire 885 126-3/7 128 12 6

Worcestershire 738 105-3/7 101 5 7

Gloucestershire 1,224 174-6/7 179 11 8

Somerset 1,640 234-2/7 227 10 4

It is remarkable, not only for this agreement _inter se_, but also

for the sharp contrast it presents to the groups of counties, lying

respectively to the south-east and the north-west of it. The former

approximates a rate twice as high, namely, _two_-sevenths of a pound

to the square mile:

Square Miles (At 2/7) Actual Sum

£ £ s d

Buckinghamshire 745 212-3/7 204 14 7

Oxfordshire 756 216 239 9 3

Berkshire 722 206-2/7 200 1 3

Wiltshire 1,354 386-6/7 388 13 0

Taking this group as a whole, it paid £1,032 18s 1d, a curiously close

approximation to the £1,021-4/7 which my suggested rate of 2/7 would

give. Middlesex was so exceptional a county, that one hardly likes to

include it, but there also the rate was a little over two-sevenths.

On the other hand, the counties to the north-west of what I have

termed the Midland group are assessed at a rate singularly low.

Nottingham and Derby, with a joint area of 1,855 miles, contributed

only £108 8s 6d, representing one-seventeenth;[174] while

Staffordshire, with its 1,169 miles, is found paying £44 0s 11d, a

rate scarcely more than one twenty-seventh. Passing to the opposite

corner of the realm, we have Kent, always a wealthy county, assessed

at the phenomenally low rate of about one-fifteenth (£105 2s 10d,

as against 1,555 miles), rather less than half that of Essex to its

north, and Sussex to its west.

It would seem impossible to resist the conclusion that in these widely

differing rates we have traces of a polity as yet divided, of those

independent kingdoms from which had been formed the realm. Kent, for

instance, which had so steadily maintained, first, its independent

existence, and then its local institutions, had succeeded in

preserving an assessment that its neighbours had cause to envy. In the

west, Cornwall similarly enjoyed a low, indeed a nominal assessment

while that of Devon, though higher than this, was so significantly

lower than those of Somerset and Dorset[175] as to remind us that

here, in part at least, the 'Welsh' long held their own. If the

incidence of geld were shown by shading a map of England, on the plan

so successfully adopted in Mr Seebohm's great work, it would show that

the heavily assessed counties were those which formed the nucleus of

the old West-Saxon realm.[176] All round this nucleus the map would

shade off sharply, another sudden change marking the Danish counties

on the north, the Jutish kingdom on the east, and the British district

in the south-west. It is, perhaps, worthy of remark that Shropshire

was assessed twice as heavily as the adjoining county of Stafford,

possibly because part of it was added, at a very early period, to the

kingdom of the West Saxons. If Mr Eyton was right in his reckoning

that Kesteven was assessed twice as heavily as Lindsey, and Lindsey,

in turn, twice as heavily as Holland, it would illustrate the survival

of local distinctions even within the compass of a modern county, as

well as the 'shading off' tendency of which I have already spoken.

The point I have here endeavoured to bring out is that if the system

of artificial assessment were of Roman or British origin, we should

expect to find it fairly uniform over the whole country, whereas we

find, on the contrary, the very widest discrepancies. It might be

urged, perhaps, that these were due to the differing conditions of

particular counties, to their more or less partial reclamation, for

instance, of the date when they were assessed. But this would not

account for the grouping I have traced, and would imply that each

county ought to differ indefinitely. Nor would it explain the case of

Kent, where a county that must have been foremost in early development

and prosperity enjoyed a phenomenally low assessment.

Another objection that may be raised to my hypothesis is that the

Hundred, as an area for police and rating, was a comparatively late

institution, and that if the artificial system of assessment were

as ancient as I suggest, it could not have operated, as we saw, in

Cambridgeshire, it did operate, through the 'Hundred'. It is, however,

admitted that the _thing_ represented by the 'Hundred' was, whatever

its original name, of immemorial antiquity, as the intermediate

division between the Vill and the Shire or kingdom. Approaching the

subject from the legal standpoint, Professor Maitland has pointed out

that the Hundred having a proper court, which the Vill had not, was

the older institution of the two, and has skilfully seized on the

differentiation of villages originally possessing one name in common

as a hint that some such subdivision may have been going on more

widely than is known. It seems to me to be at least possible that

the district originally representing a Hundred, and named, as we

are learning, in most cases from the primitive meeting-place of its

settlers, was reckoned as so many multiples of five or ten hides,

and that this aggregate was subsequently distributed by its community

among themselves.[177]

If it be not presumption to touch on the controversies as to the

Hundred,[178] I would suggest that while agreeing with Dr Stubbs,

that the name of 'Hundred' may be traced to the ordinance of

Edgar[179]--which did not, however, create the district itself--I

cannot reconcile it with the view to which he leans in his

_Constitutional History_, that 'under the name of geographical

hundreds we have the variously sized _pagi_ or districts in which the

hundred warriors settled'; and that we should 'recognize in the name

the vestige of the primitive settlement, and in the district itself

an earlier or a later subdivision of the kingdom to which it

belonged'.[180] For my part, I have never been able to understand the

anxiety to identify the district known, in later days, as a 'Hundred'

with an original hundred warriors, families, or hides. The significant

remark on the 'centeni' by Tacitus, that 'quod primo numerus fuit, jam

nomen et honor est', would surely lead us to expect that by the

time of the migration the 'Hundred' had become, like the 'hide' of

Domesday, a term even more at variance with fact. Indeed, in his

masterly 'Introductory sketch', Dr Stubbs observed that the 'superior

divisions' made by the 'new-comers' would 'have that indefiniteness

which even in the days of Tacitus belonged to the Hundreds,

the _centeni_ of the Germans', and that their 'system' would be

'transported whole, at the point of development which it has reached at

home'.[181]

The suggestion I have made as to the origin of the five-hide system is

tentative only, and must remain so until we have at our disposal for

the whole hidated region that complete and trustworthy analysis

of assessment, on the need of which I again insist, at the risk of

wearisome iteration.

XII. THE EAST ANGLIAN 'LEET'

In Norfolk and Suffolk we find Domesday recording assessed values not,

as everywhere else, at the outset of an entry, but at its close; not

in terms of hides and carucates, but in terms of shillings and pence.

Instead of saying that a Manor paid on so many 'hidæ' or 'carucatæ

terræ', Domesday, in the case of these counties, normally employs the

phrase: '_x_ denarii de gelto'. Its meaning is that to every _pound_

paid by the Hundred as geld the Manor contributed _x_ pence.[182]

Thus, in the case of a Hundred assessed at a hundred hides, the

formula for a five-hide Manor would be here 'xii. denarii de gelto',

instead of the usual 'defendit se pro v. hidis', or some such phrase

as that. There is an exact parallel to this method of recording

assessed values in the case of fractions of knights' fees where

portions of land are entered as paying so much 'when the scutage is

forty shillings', instead of being assessed in terms of the knight's

fee.[183] This system would seem, however, to have been understood

imperfectly if at all. I may, therefore, point out that its nature is

clear from the case of the Suffolk Hundred of Thingoe.

The case of this Hundred is singularly instructive. We find its

twenty 'Vills' grouped in _blocks_, precisely as in the Cambridgeshire

Hundreds, and these blocks are all _equal units of assessment_, like

the ten-hide groups of the hidated districts. But in this case we

can go further still, for we are not dependent on Domesday alone. The

portion of a special Survey executed about a century later (_circ._

1185) for Abbot Sampson of St Edmund's, which relates to its Hundred,

is fortunately preserved, and gives us the name of the twelve 'leets'

into which this Hundred was divided.[184]

Here are the divisions recorded in it, with the Domesday assessment

(in pence) of each Vill placed against its name.

£ s d

{ Barrow 7

I.{ Flemington 6

{ Lackford 6

------

19 0 1 7

II. Risby 20 0 1 8

{ Saxham (_A_) 7

III.{ Saxham(_B_) 7

{ Westley 6-1/2

------

20-1/2 0 1 8-1/2

IV.{ Hengrave 10

{ Fornham 10

------

20 0 1 8

{ Ickworth 7-1/2

V.{ Chevington 6-1/2

{ Hargrave 7

------

21 0 1 9

{ Brockley 7

VI.{ Rede 7

{ Manston 6

------

20 0 1 8

VII. Whepstead 20 0 1 8

VIII.{ Hawstead 13-1/2

{ Newton 6-1/2

------

20 0 1 8

IX. Horningsheath 20 0 1 8

X., XI., XII. Sudbury 60 0 5 0

----------

£1 0 0-1/2

The two records--Domesday and the Inquest--thus confirm one another,

and their concurrent testimony establishes the fact not only that the

Suffolk Hundred was divided into blocks of equal assessment, but that

these blocks were known by the name of 'leets'.

Now Professor Maitland, in his Dissertation on the 'History of the

Word Leet',[185] pronounces this 'the earliest occurrence of the word'

that he has seen. But I can carry it back to Domesday itself. Though

not entered in the _Index Rerum_, we find it in such instances as

these:

'H[undredum] de Grenehou de xiv. letis' (ii. 119_b_).

'Hund[redum] et dim[idium] de Clakelosa de x. leitis' (ii.

212_b_).

I think it probable that in these cases the entry happened to stand

first on the original return for the Hundred, and so--as in the I.E.,

where it is derived from the original returns--the general heading

crept in. Though Professor Maitland has to leave the origin of the

word unexplained, it seems to me impossible to overlook the analogy

between the Danish _lægd_, described by Dr Skeat as a division of

the country (in Denmark) for military conscription,[186] and the

East Anglian _leet_, a division of the country (as we have seen) for

purposes of taxation.

Sudbury, it will be observed, was _a quarter_ of the Hundred of

Thingoe,[187] just as Huntingdon was a quarter of a Hundred,[188] and

Wisbech a quarter of a Hundred.[189]

Having thus obtained from the Hundred of Thingoe the clue to this

peculiar system, we can advance to more difficult types. The Hundred

of Thedwastre, for instance, was divided not into twelve blocks, each

paying twenty pence in the pound, but into nine blocks, each paying

twenty-seven. This assessment allowed a margin of 3d for every pound

(i.e. £1 0s 3d); but in the case of Thedwastre the total excess

was only 1-1/2d on the pound (i.e. £1 0s 1-1/2d). I group the Vills

_tentatively_, thus:

_d_

I. Barton 27

II. {Fornham 6-1/2} 26-1/2

{Rougham 20 }

{Peckenham 13-1/2}

III. {Bradfield 5 } 26-1/2

{Fornham St Genevieve 8 }

IV. {Thurston 16 } 27

{Woolpit 11 }

V. {Rushbrook 7 } 27

{Ratlesden 20 }

{Hessett 18 }

VI. {Felsham 5 } 28

{Bradfield 5 }

{Gedding 5 }

VII. {Whelnetham 10 } 26

{Drinkston 11 }

{Ampton 7 }

VIII. {Tostock 10-1/2} 27-1/2

{Staningfield 10 }

IX. {Tinworth 14 } 26

{Livermere 12 }

--------

241-1/2 (£1 0s 1-1/2d)

The same unit of 27 (x9)--or, which comes to the same thing, 13-1/2

(x18)--was adopted in Risbridge Hundred. In this case no less than

five Manors are assessed at the same unit--13-1/2d. So, again, in the

Hundred of Blackbourn the units are 34-1/2d and 17-1/4d, one Manor

being assessed at the former, and five at the latter sum. Such is the

key to the peculiar system of East Anglian assessment.

It is to be noted that 'twenty shillings'[190] represents ten hides

at two shillings on the hide (the normal Danegeld rate), and thus

suggests that in Norfolk, as in Cambridgeshire, the Hundreds were

normally assessed in multiples of ten hides. The point, however, that

I want to bring out is that the Hundred, not the Manor, nor even

the Vill, is here treated as 'the fiscal unit for the collection of

Danegeld'.[191]

XIII. THE WORDS 'SOLINUM' AND 'SOLANDA'[192]

Several years ago I arrived at the conclusion that the identity of

these two words was an unsupported conjecture. So long as it remained

a conjecture only, its correction was not urgent; but since then, as

is so often the case, the result of leaving it unassailed has been

that arguments are based upon it. There appeared in the _English

Historical Review_ for July 1892 a paper by Mr Seebohm, in which that

distinguished scholar took the identity for granted, as his no

less distinguished opponent, Professor Vinogradoff, has done in his

masterly work on _Villainage in England_.

I believe the alleged identity was first asserted by Archdeacon Hale,

who wrote in his _Domesday of St. Paul's_ (1858), p. xiv:

The word _solanda_, or, as it is written at p. 142,

_scolanda_, is so evidently a Latinized form of the

Anglo-Saxon _sulung_, or ploughland, and approaches so near

to the Kentish _solinus_, that we need scarcely hesitate to

consider them identical.

Let us start from the facts. In the Domesday of Kent we find the

form _solin_, or its Latin equivalent _solinum_, used for the unit of

assessment, like the hide and the carucate in other counties. In the

Kent monastic surveys it is found as _sullung_ or _suolinga_. But when

we turn to the Domesday of St. Paul's, we find--first, that instead of

being universal, as in Kent, it occurs only in three cases; secondly,

that the form is _solande_, _solanda_, _scholanda_, _scolanda_, or

even (we shall see) _Scotlande_; thirdly, that it is not employed as a

unit of assessment at all.

The three places where the term occurs in the Domesday of St. Paul's

are Drayton and Sutton in Middlesex, and Tillingham in Essex. Hale

would seem to have arrived at no clear idea of what the word meant. At

p. xiv he wrote that 'a _solanda_ consisted of two hides, but probably

in this case the hide was not of the ordinary dimension'. At p.

lxxviii he inferred, from a reference to 'la Scoland' in a survey of

Drayton, that '"ploughed land" would seem to be opposed to "Scoland"'.

At p. cx he was led by the important passage--'De hydis hiis decem,

due fuerunt in dominio, una in scolanda, et vii. assisæ'--to suggest

that it 'appears to denote some difference in the tenure'. This last

conjecture seems the most probable. If we take the case of Sutton and

Chiswick, we read in the survey of 1222:

Juratores dicunt quod manerium istud defendit se versus regem

pro tribus hidis preter solandam de Chesewich que per se habet

duas hidas, et sunt geldabiles cum hidis de Sutton.

Hale (p. 119) believed that this _Solande de Chesewich_ was no other

than the _Scotlande thesaurarii_ of 1181, namely the prebend of

Chiswick. The above passage should further be compared with the survey

of Caddington (1222):

Dicunt juratores quod manerium istud defendit se versus regem

pro x. hidis ... preter duas prebendas quæ sunt in eadem

parochia.

The formula is the same in both cases, and a _solanda_ was clearly

land held on some special terms, and was not a measure or unit of

assessment at all. Indeed Hale himself admitted that it could not be

identified with one or with two hides.

Fortunately I have discovered an occurrence of the word _solanda_

which conclusively proves that it meant an estate, such as a prebend,

and was not a unit of measurement. We have, in 1183, a 'grant by

William de Belmes, canon of St. Paul's, to the chapter of that church,

of the Church of St. Pancras, situate in his _solanda_ near London'

(i.e. his prebend of St. Pancras), etc.[193] This solves the mystery.

The three _solandæ_ at Tillingham were no other than the three

prebends--Ealdland, Weldland, and Reculverland--which that parish

actually contained.[194]

Hale, however, misled Mr Seebohm, who in his great work on the

_English Village Community_ (p. 54), wrote of Tillingham:

There was further in this Manor a _double hide_, called a

_solanda_, presumably of 240 acres. This double hide, called a

_solanda_, is also mentioned in a Manor in Middlesex [Sutton],

and in another in Surrey [Drayton][195]; and the term

_solanda_ is probably the same as the well-known '_Sollung_'

or '_solin_' of Kent, meaning a 'ploughland'.

Proceeding further (p. 395), Mr Seebohm wrote:

Generally in Kent, and sometimes in Sussex, Berks and Essex,

we found, in addition to, or instead of, the hide or carucate,

or 'terra unius aratri', _solins_, _sullungs_, or _swullungs_,

the land pertaining to a '_suhl_', the Anglo-Saxon word for

plough.

Unfortunately no reference is given for the cases of Sussex and Berks,

and I know of none myself.

Turning now to the learned work of Professor Vinogradoff, we find him

equally misled:

Of the _sulung_ I have spoken already. It is a full

ploughland, and 200 acres are commonly reckoned to belong

to it. The name is sometimes found out of Kent, in Essex for

instance. In Tillingham, a Manor of St. Paul's, of London, we

come across six hides 'trium solandarum'. The most probable

explanation seems to be that the hide or unit of assessment is

contrasted with the _solanda_ or _sulland_[196] (sulung), that

is with the actual ploughland, and two hides are reckoned as a

single _solanda_ (p. 255).

Lastly, we come to Mr Seebohm's reply to Professor Vinogradoff

(_ante_, pp. 444-465). Here the identity is again assumed:

Along with parts of Essex, the Kentish records differ

in phraseology from those of the rest of England. Their

_sullungs_ of 240 acres occur also in the Manors of Essex

belonging to St. Paul's, and the custom of gavelkind and

succession of the youngest child mark it off as exceptional.

Mr Vinogradoff ... shows that in the Kentish district, and

in Essex, where the _sullung_ or _solanda_ takes the place of the

hide, and where gavelkind prevailed, the unity of the hides

and virgates was preserved only for the purposes of taxation

and the services; whilst in reality the holdings clustered

under the nominal unit were many and irregular.

I yield to no one in admiration for Mr Seebohm's work, but the

question raised is so important that accuracy as to the fact is

here essential. (1) _Sullung_ is nowhere found in Essex, but only

_solanda_; (2) _Solanda_ does not occur 'in the Manors' referred to,

but at Tillingham alone; (3) In Essex it nowhere 'takes the places

of the hide', as it does in Kent; (4) The Essex instance adduced by

Professor Vinogradoff is taken from a Manor where _solanda_ does not

occur.

Two issues--quite distinct--are involved. In the first place, Mr

Seebohm contends that Professor Vinogradoff must not argue from 'the

custom of Kent' to the rest of England, because (_inter alia_) Kent,

unlike the rest of England, was divided into _sulungs_, which points

to some difference in its organization.[197] This contention is sound,

and is actually strengthened if we reject the identity of _sulung_ and

_solanda_. But, in the second place, he endeavours to explain away

the Essex case of subdivision at Eadwulfsness, to which the Professor

appeals, by connecting it with the Kentish system through the term

_solanda_. This, as I have shown above, is based on a misreading of

the evidence, and is contrary to the facts of the case.

Let us then look more closely at the Essex instance of subdivision.

It is taken from one Manor alone, the great 'soke' of Eadwulfsness,

in the north-east corner of the county. This 'soke' comprised the

townships of Thorpe 'le soken', Kirby 'le soken', and Walton 'le

soken' (better known as Walton-on-the-Naze). Such names proclaim

the Danish origin of the community, and it is noteworthy that the

'hidarii', on whom the argument turns, are found only at Thorpe

and Kirby, the very two townships which bear Danish names. This

circumstance points to quite another track. That the system in this

little corner of Essex was wholly peculiar had been pointed out by

Hale, and it might perhaps have originated in the superimposition of

hides on a previous system, instead of in the breaking up of the hide

and virgate system. But this is only a conjecture. The two facts on

which I would lay stress are that at Thorpe, according to Hale,

'the holders of the nine hides (in 1279) possessed also among them

seventy-two messuages', which, by its proportion of eight to the hide,

favours Mr Seebohm's views; and that the holdings of the 'hidarii'

were rigidly formed on the decimal system (such as 60, 30, 15, 7-1/2

acres, or 40, 20, 10, 5 acres),[198] unlike the holdings of an odd

number of acres on the Kentish Manors of St. Augustine's. The reason

for the Essex system was clearly the necessity of keeping the holdings

in a fixed relation to the hide, that their proportion of the hide's

service might be easily determined. These two points have, perhaps,

I think, been overlooked by both of the eminent scholars in their

controversy.

Before leaving the subject of the _sulung_, one should mention perhaps

that it was divided (as Mr Seebohm has explained) into four quarters

known as _juga_, just as the hide was divided into four virgates. Mr

Seebohm bases this statement on Anglo-Saxon evidence,[199] but it is

abundantly confirmed by Domesday, where we read of Eastwell (in Kent):

'pro uno solin se defendit. Tria juga sunt infra divisionem Hugonis,

et quartum jugum est extra' (i. 13). So far all is clear; but

Professor Vinogradoff, on the contrary, asserts that 'the yokes

(_juga_) of Battle Abbey (in Kent) are not virgates, but carucates,

full ploughlands' (p. 225). This assertion is based on a very natural

misapprehension. In the Battle Manor of Wye (Kent) we find that the

_jugum_ itself was divided into four quarters, called 'virgates'

which were each, consequently, the sixteenth, not, as in the hidated

district, the fourth of a ploughland. Professor Vinogradoff, naturally

assuming that the 'virgate' meant the same here as elsewhere, inferred

that four 'virgates' (that is, a _jugum_) must constitute a full

ploughland. But this change of denotation goes further still. The

Battle Cartulary records yet another 'virgate', namely, the

fourth (not of a ploughland, but) of an acre! This led me, on its

publication, to wonder whether we have here the clue to the origin

of the somewhat mysterious term 'virgate'. Starting from the acre, we

should have in the _virgata_ (rood) its quarter, with a name derived

from the _virga_ (rod) which formed its base in mensuration. The sense

of 'quarter' once established, it might be transferred to the quarter

of a _jugum_, or the quarter of a hide. This is a suggestion which,

of course, I advance with all diffidence, but which would solve

an otherwise insoluble problem. The relation of the bovate to the

carucate, and of the _jugum_ to the _sulung_, are both so obviously

based upon the unit of the plough-team that they raise no difficulty.

But the term 'virgate' does not, like them, speak for itself. If

we might take it to denote merely a 'quarter' of the hide, it would

become a term of relation only, leaving the 'hide' as the original

unit. Should this suggestion meet with acceptance, it might obviously

lead to rather important results.

Mr Elton, in his well-known _Tenures of Kent_, attaches considerable

importance to a list, 'De Suylingis Comitatus Kanciæ et qui eas

tenent', in the Cottonian MS., Claud. C. IV, which he placed little

subsequent to Domesday. Having transcribed it for collation with

the Survey, I came to the conclusion that it was not sufficiently

trustworthy for publication, for the names, in my opinion, involve

some anachronism. The feature of the list is that it shows us as

tenants-in-chief, the leading tenants of Bishop Odo; and the change

of most interest to genealogists is the succession of Patrick 'de

Caurcio' to the holding of Ernulf de Hesdin.

XIV. THE 'FIRMA UNIUS NOCTIS'

The curious and evidently archaic institution of the _firma unius

noctis_ was clearly connected with the problem of hidation. In

Somerset the formula for a Manor contributing to this _firma_ was:

Nunquam geldavit nec scitur quot hidæ sint ibi (i. 85).

In Dorset it ran:

Nescitur quot hidæ sint ibi quia non geldabat T.R.E. (i. 75).

In Wiltshire we read:

Nunquam geldavit nec hidata fuit, _or_ nunquam geldavit: ideo

nescitur quot hidæ sint ibi.[200]

In all these entries the 'hide' is recognized as merely a measure of

assessment quite independent of area.

Hampshire affords us, in a group of Manors, a peculiarly good instance

in point. Of Basingstoke, Kingsclere, and 'Esseborne', we read:

Rex tenet in dominio _Basingestoches_. Regale manerium fuit

semper. Numquam geldum dedit, nec hida ibi distributa fuit....

_Clere_ tenet rex in dominio. De firma Regis Edwardi fuit,

et pertinet ad firmam diei de Basingestoches. Numerum hidarum

nescierunt....

_Esseborne_ tenet rex in dominio. De firma Regis Edwardi fuit.

Numerum hidarum non habent....

Hæc tria maneria, Basingestoches, Clere, Esseborne, reddunt

firmam unius diei (39).

Other Manors are found about the county displaying the same

peculiarity.

Ipse rex tenet _Bertune_. De firmâ Regis E. fuit, et dimidiam

diem firmæ reddidit in omnibus rebus.... Nunquam in hid(is)

numeratum fuit.... Numerum hidarum non dixerunt.

Ipse rex tenet _Edlinges_ in dominio. Hoc manerium reddidit

dimidiam diem firmæ tempore Regis E. Numerum hidarum nesciunt

(38).

Manors, such as Andover, not hidated, clearly belonged to the same

system, though neither their value nor their render is given.

Thus, then, within the limits of Wessex, in the four adjacent counties

of Dorset, Somerset, Wiltshire, and Hants, we find surviving, at the

time of the Conquest, an archaic but uniform system of provision for

the needs of the Crown by the assignment of certain estates or groups

of estates, the render of which was expressed in terms of the 'firma

noctis' or 'firma diei', and which, unlike the country around them,

had never been assessed in 'hides'.

Mr Seebohm hints slightly at this _firma_ system,[201] but only speaks

of it as existing in Dorset. Nor does he allude to the significant

fact of such Manors having never been hidated. It would lead us far

afield to speculate on the origin of this system, or to trace its

possible connection with the Welsh _gwestva_.[202] Nor can we here

concern ourselves with the few scattered traces of it that we meet

with elsewhere in Domesday. Its existence in four adjacent counties,

with non-hidation as a common feature, is the point I wish to

emphasize.

The system of grouping townships in the west for the payment of a

food-rent (_firma unius noctis_) was exactly parallel to the grouping

in the east for the payment, not of rent but of 'geld'. We can best

trace this parallel in Somerset, because the _firma unius noctis_

of the days before the Conquest had been there commuted for a money

payment at the time of Domesday. Turning to the Cambridgeshire hundred

of Long Stow, we find one of its 'blocks' (of twenty-five hides)

divided into three equal parts, while another is divided into three

parts, of which one is half the size of the two others. And so in

Somerset we have Frome and Bedminster combined in one group for the

payment of this _firma_, and the two Perrotts similarly combined with

Curry. Frome and Bedminster are each assigned the same payment, but

in the other group the contribution of one is half that of the two

others.

Here are the Somerset groups of demesne, each charged with the render

of a _firma unius noctis_.

_Commutation_ £ s d

Somerton (with Borough of Langport) 79 10 7 }

Chedder (with borough of Axbridge) 21 0 2-1/2} 100 10 9-1/2

North Petherton 42 8 4 }

South Petherton 42 8 4 } 106 0 10

Curry Rivell 21 4 2 }

Williton }

Carhampton } 105 17 4-1/2

Cannington }

Frome 53 0 5 }

Bruton 53 0 5 } 106 0 10

Milborne Port (with Ilchester) 79 10 7

[Bedminster[203] 21 0 2-1/2]

Of these two last, Milborne Port is entered as having paid

three-quarters of a _firma noctis_ under the Confessor, while

Bedminster--though in the midst of this group of _firma_ Manors--is

alone in having no render T.R.E. assigned to it. One is tempted to

look on the two as originally combined in one _firma_ (like Somerton

and Chedder), save that the whole width of the county divides them,

while in the other cases the constituents are grouped geographically.

The Wiltshire Manors, each of which rendered a _firma unius noctis_,

were:

_Ploughlands_ _Valets_

Calne 29

Bedwin 79

Amesbury 40

Warminster 40

Chippenham 100 £110

'Theodulveshide' 40 £100

From the figures given for Somerset and Wilts, it may fairly be

concluded that, in this district, the value of the 'firma' was about

£105. In Somerset, however, there was clearly a special sum, £106 0s

10d, on which calculations were based.

An examination of Mr Eyton's statements on the _firma unius noctis_

in Somerset and Dorset would prove a peculiarly conclusive test of his

whole system.

In the case of Somerset one need not dwell on his giving its amount

for the Williton group as £105 16s 6-1/2d, when the sum named is

£105 17s 4-1/2d, although absolute accuracy is, in these matters,

essential. We will pass at once to the bottom of the page (ii. 2), and

collate his rendering of Domesday with the original:

'T.R.E. reddebat dimidiam 'Reddebat T.R.E. dimidiam

firmam noctis et quadrantem' noctis firmam et unum quadrantem'

(Domesday). (Eyton).

Domesday gives the payment (in a characteristic phrase), as

_three-quarters_ [a half and a quarter] of a _firma noctis_. Mr Eyton

first interpolates a 'unum', and then overlooks the 'quadrantem',

with the result that he represents the due T.R.E. as a _firma dimidiæ

noctis_ (i. 77). So far, this is only a matter of error _per se_. But

Domesday records the commutation of the due T.R.W. at £79 10s 7d. This

proves to be _three-quarters_ of the commutation, in two other cases,

for a whole _firma noctis_ (£106 0s 10d). Mr Eyton, however, imagining

the due to have been only _half a firma_ set himself to account

for its commutation at so high a figure (i. 77-8). This he found

no difficulty in doing. He explained that 'this was not a

mere commutation', but 'was doubtless a change which took into

consideration the extra means and enhanced value of Meleborne'.

The probability is, then, that what we have called the

_enhanced ferm_, was enhanced by something less than the

gross profits we have instanced; that is, that a part of

those profits, say the Burgage rents, or some of them,

had contributed to the _dimidia firma noctis_ before the

commutation.

All these ready assumptions, we must remember, are introduced to

account for a discrepancy which does not exist.

Great masses of Mr Eyton's work consist of similar guesses and

assumptions. Now, if these were kept scrupulously apart from the

facts, they would not much matter; but they are so inextricably

confused with the real facts of Domesday that, virtually, one can

never be sure if one is dealing with facts or fancies.

And far more startling than the case of Somerset is that of Dorset,

the 'Key to Domesday'. Mr Eyton here held that Dorchester, Bridport,

and Wareham paid a full _firma unius noctis_ each, the total amount

being reckoned by him at the astounding figure of £312 (p. 70)!

Exeter, which affords a good comparison, paid only £18 (as render),

though the king had 285 houses there: the three Dorset towns in which,

says Mr Eyton, the Crown had 323 houses, paid in all, according to

him, £312. The mere comparison of these figures is sufficient.

But further, Mr Eyton observes (p. 93), that in 1156 'Fordington,

Dorchester, and Bridport' were granted by Henry II to his uncle, 'as

representing Royal Demesne to the annual value of £60'. This is an

instructive commentary on his view that Dorchester and Bridport alone

rendered £208 per annum. Our doubts being thus aroused, we turn to

Domesday and find that it does not speak of any of these towns as

paying that preposterous _firma_. The right formula for that would be

'reddit firmam unius noctis' (p. 84). Instead of that, we only have

'exceptis consuetudinibus quæ pertinent ad firmam unius noctis' (p.

70). The explanation is quite simple. Just as in Somerset, Mr Eyton

admits, Langport and Ilchester, although boroughs, were 'interned' in

groups of Royal demesne, paying the _firma unius noctis_, so in Dorset

the boroughs were 'interned' in groups of Royal demesne. Indeed one of

these groups was headed by Dorchester, and is styled by Mr Eyton the

'Dorchester group'. But he boldly assumed that 'Dorchester' must have

two different meanings:

[A] We assume about 100 acres to have belonged to the Domesday

Burgh, and perhaps 882 acres to represent land, subinfeuded

at Domesday, and annexed to Dorchester Hundred. [B] It follows

that we assume about 429 acres, [to be that] ... which here

figures [fo. 75] under the name Dorchester.

It is not too much to say that any one, who refers to pp. 70-3, 78-101

of the _Key to Domesday_, will find that the singular misconception as

to the Dorset Boroughs makes havoc of the whole calculation. But here

again the point to be insisted on is not the mere mistake _per se_,

but the elaborate assumptions based upon it and permeating the whole

work.[204]

Apart from the Manors grouped for a _firma unius noctis_, if we take

the comital Manors (_mansiones de comitatu_) of Somerset, which were

in the King's hands in 1086, we find their rentals given on quite a

different principle to those of the Manors in private hands.

(1) They are entered as renders ('reddit'), not as values ('valet').

(2) The sums rendered are 'de albo argento'.

(3) In at least ten out of the fifteen cases, they are multiples of

the strange unit £1 3s.

As this fact seems to have escaped Mr Eyton's notice, I append a list

of these Manors, showing the multiples of this unit that their renders

represent:

_£_ _s_ _d_

Crewkerne 46 0 0 40

Congresbury 28 15 0 25

Old Cleeve 23 0 0 20

North Curry 23 0 0 20

Henstridge 23 0 0 20

Camel 23 0 0 20

Dulverton 11 10 0 10

Creech St Michael 9 4 0 8

Langford 4 12 0 4

Capton[205] 2 6 0 2

Whatever this strange unit represented, it formed the basis in these

Manors of a reckoning wholly independent of the 'hides' or ploughlands

of the Manor, and as clearly artificial as the system of hidation I

have made it my business to explain.

XV. 'WARA'

The meaning of 'Wara' is made indisputable by the I.C.C. When land was

an appurtenance, _quoad_ ownership, of a Manor in one township, but

was assessed in another in which it actually lay, the land was said to

be in the former, but its 'wara' in the latter. As this 'wara' was an

integral part of the total assessment of the township, it had to

be recorded, under its township, in the I.C.C. Here are the three

examples in point:

[HISTON.] De his xx. hidis jacet Warra de una hida et dimidia

in hestitone de manerio cestreford. Hanc terram tenuit comes

alanus [_sic_] et est appretiata in essexia (p. 40).

[SHELFORD.] De his xx. hidis tenet petrus valonensis iii.

hidas de firma regis in neueport.... Hæc terra est berewica in

neueport, sed Wara jacet in grantebrigge syra (p. 49).

[TRUMPINGTON.] De his vii. hidis [tenet] unus burgensis de

grenteburga i. virgam. Et Warra jacet in trompintona, et terra

in grantebrigga (p. 51).

To these I may add a fourth instance, although in this case the name

_wara_ does not occur:

[BATHBURGAM.] De his vii. hidis tenet Picotus in manu

regis dimidiam hidam et dimidiam virgam. Hæc terra jacet in

cestreforda et ibi est appretiata xxx. sol. in essexia (p.

36).

The lands at Histon and 'Bathburgam' were mere outlying portions of

the royal Manor of Chesterford in Essex, and those at Shelford were a

'berewick' of the royal Manor of Newport, also in Essex. But they were

all _assessed_ in Cambridgeshire, where they actually lay.

So also we read under Berkshire (61_b_): 'Hæc terra jacet et

appreciata est in Gratentun quod est in Oxenefordscire, et tamen dat

scotum in Berchesire'. Again (203_b_) we read under Pertenhall: 'Hec

terra sita est in Bedefordsire, set geldum et servitium reddit in

Hontedunscyre'. A good instance of the same arrangement in another

part of England is found in those Worcestershire Manors which were

annexed as estates to Hereford, but which were assessed in those

Worcestershire Hundreds where they actually lay (see p. 61).

A similar expression is applied to the possession of 'soca'. Thus

under Shelford we read:

De hac terra adhuc tenuerunt iii. sochemanni dimidiam hidam

sub gurdo comite. Non potuerunt recedere sine licentia comitis

gurdi. Et soca jacebat in Witlesforda (p. 48).

Here the land was in Shelford, but the jurisdiction (soca) was

attached to Earl Gyrth's Manor of Whittlesford.

Prof Vinogradoff has dealt with 'the word _wara_' in his _Villainage

in England_ (i. 241-4), and asserts that the 'origin and use of the

term is of considerable importance'. But he does not allude to the

above evidence, and I cannot follow him in his argument. While rightly

disregarding Mr Pell's fanciful derivation from 'warectum', he asserts

that:

We often find the expression 'ad inwaram' in Domesday, and it

corresponds to the plain 'ad gildam [_sic_] regis'. If a Manor

is said to contain seven hides _ad inwaram_, it is meant that

it pays to the king for seven hides.... The Burton cartulary,

the earliest survey after Domesday, employed the word 'wara'

in the same sense.

One cannot disprove the first proposition without reading through all

Domesday for this purpose. I can only say that I do not remember

ever meeting in Domesday Book with such an expression. The

solitary instance of its use known to me is in the _Liber Niger_ of

Peterborough (p. 159), where we read: 'in Estona sunt iii. hidæ ad

in Waram'; and there the relevant entry in Domesday has no such

expression. Of the statement as to the Burton cartulary, one can

positively say it is an error. Its 'waræ' have quite another meaning

and are spoken of as virgates would elsewhere be.

Collation with what I have termed the Northamptonshire geld-roll

renders it clear that 'wara', in Domesday, represents the old English

word for 'defence', in the sense of assessment, the 'defendit se'

formula of the great Survey leading even to the phrase of 'Defensio

x. acrarum', for assessment to Danegeld, which is found in the first

volume of Fines published by the Pipe-Roll Society.

XVI. THE DOMESDAY 'JURATORES'

I now approach the subject of the Domesday _juratores_.

The lists of these in the I.E. and in the I.C.C. afford priceless

information. The latter gives us the names for all but three of

the Cambridgeshire Hundreds, the former for all Cambridgeshire (one

Hundred excepted) and for three Hertfordshire Hundreds as well.

The opening paragraph of the I.E. tells us 'quomodo barones regis

inquisierunt, videlicet per sacramentum vicecomitis scire et omnium

baronum et eorum francigenarum et tocius centuriatus presbyteri

prepositi vi. villani [_sic_] uniuscuiusque ville'.[206] Careful

reading of this phrase will show that the 'barones regis' must have

been the Domesday Commissioners. The difficulty is caused by the

statement as to the oaths of the sheriff, the tenants-in-chief

(_barones_), and their foreign (? military) under-tenants

(_francigenæ_). The lists of _juratores_ contain the names of many

_francigenæ_ in their respective hundreds, but, so far as I can find,

of no tenants-in-chief. The sheriff, of course, stands apart. His name

indeed in the I.C.C. is appended to the list of jurors for the first

Hundred on the list, but is not found in the I.E. Moreover, it should

be noted that the above formula speaks of all the tenants-in-chief,

but only of a single Hundred court. Two hypotheses suggest themselves.

The one, that the sheriff and _barones_ of the county made a

circuit of the Hundreds, and then handed in, on their oaths, to the

commissioners a return for the whole county; the other, that the

circuit was made by the commissioners themselves, attended by the

sheriff and _barones_. In the former case it is obvious that the

commissioners would fail to obtain at first hand that direct local

information which it was their object to elicit: and further, when we

find the sheriff and _barones_ charged with wrongdoing in these very

returns, it is, to say the least, improbable that they were their own

accusers, especially in the case of such a sheriff as Picot, at once

dreaded and unscrupulous.

It seems, therefore, the best conclusion that the Domesday

commissioners themselves attended every Hundred court, and heard the

evidence, sometimes conflicting, of 'French' and 'English'.[207]

The _order_ in which the Hundreds occur must not be passed over,

because their sequence distinctly suggests a regular circuit of the

country. Here is the sequence given in our three authorities: the

I.C.C., the I.E., and the list of jurors prefixed to the latter:

Staplehow Staplehow Staplehow

Cheveley Cheveley Cheveley

Staines Staines Staines

Radfield Flammenditch Erningford

Flammenditch Childeford Triplow

Childerford Radfield Radfield

Whittlesford ([208]) Flammenditch

Triplow Triplow Whittlesford

Erningford Erningford Weatherley

Weatherley Weatherley Stow

Stow Stow Papworth

Papworth Papworth Northstow

Northstow Northstow Chesterton

Chesterton Ely

Ely

On comparing the first two of these lists it will be found that

(except in the case of three contiguous Hundreds, which does not

affect the argument) the Hundreds are taken in a certain sequence,

which is seen, on reference to the valuable map prefixed to Mr

Hamilton's book, to represent a circuit of the southern portion of the

county from north-east to north-west, followed by an inquest on the

district to its north, the 'two Hundreds' of Ely.

The third list, on the other hand, misplaces the Hundreds of Triplow

and Erningford altogether, and wholly omits that of Childeford. The

transposition and omission are both notable evidence that the B and C

texts, as I shall urge, were derived from some common original which

contained these defects.

The essential point, however, is that a circuit was made of the county

whether merely by the sheriff, or, as seems most probable, by

the Domesday Commissioners themselves--the 'barones regis' of

the record--who must have attended the several Hundred-courts in

succession.

But when we speak of the Hundred-court it is necessary to explain at

once that the body which gave evidence for the Domesday Inquest was

of a special and most interesting character. It combined the old

_centuriatus_--deputations of the priest, reeve, and six villeins from

each township (_villa_)--with the new settlers in the Hundred, the

_francigenæ_. A careful investigation of the lists will prove that

half the _juratores_ were selected from the former and half from the

latter. This fact, which would seem to have been hitherto overlooked,

throws a flood of light on the compilation of the Survey, and

admirably illustrates the King's policy of combining the old with the

new, and fusing his subjects, their rights and institutions, into one

harmonious whole. Conquerors and conquered were alike bound by their

common sworn verdicts.[209]

We have the lists, in all, for eighteen Hundreds, fifteen in

Cambridgeshire and three in Herts, of which two were 'double'. There

were, practically, for each Hundred exactly eight _juratores_, half

of them 'French' and half 'English'. But the two 'double' Hundreds had

sixteen each, half of them 'French' and half 'English'. Although it is

recorded that 'alii omnes franci et angli de hoc hundredo juraverunt',

it is obvious that the eight men always specially mentioned were, in

a special degree, responsible for the verdict. Their position is

illustrated, I think, by the record of a Cambridgeshire _placitum_

found in the Rochester chronicles. This is the famous suit of

Bishop Gundulf against Picot the sheriff in the County Court of

Cambridgeshire,[210] which affords a valuable instance of a jury being

elected to confirm by their oaths the (unsworn) verdict of the whole

court:

Cum illis (i.e. omnes illius comitatus homines) Baiocensis

episcopus, qui placito præerat, non bene crederet; præcepit

ut, si verum esse quod dicebant scirent, ex seipsis duodecim

eligerent, qui quod omnes dixerant jure jurando confirmarent.

Now we read of this jury:

Hi autem fuerunt Edwardus de Cipenham, Heruldus et Leofwine

saca de Exninge, Eadric de Giselham, Wlfwine de Landwade,

Ordmer de Berlincham, et alii sex de melioribus comitatus.

Investigation shows that the names mentioned are local. The land in

dispute was a holding in Isleham in the Hundred of Staplehoe. One

juror, Eadric, came from Isleham itself, two from Exning, one from

Chippenham, one from Landwade, while the sixth, Ordmer, was an

under-tenant of Count Alan, in the Manor from which he took his name

(Badlingham), and was a Domesday juror for the Hundred. These six,

then, were clearly natives chosen for their local knowledge. The

other six, chosen 'de melioribus comitatus', were probably, as at the

Domesday inquest, Normans (_Franci_). Thus the double character of the

jury would be here too preserved, and the principle of testimony from

personal knowledge upheld.

So again in the Dorset suit of St. Stephen's, Caen (1122),[211] the

men of seven Hundreds are convened, but the suit is to be decided

'in affirmatione virorum de quatuor partibus vicinitatis illius

villæ'.[212] Accordingly, 'sexdecim homines, tres videlicet de

Brideport, et tres de Bridetona, et decem de vicinis, juraverunt se

veram affirmationem facturos de inquisitione terræ illius'. The

names of the jurors are carefully given: 'Nomina vero illorum qui

juraverunt, hæc sunt'. Again in the same Abbey's suit for lands in

London, 'per commune consilium de Hustingo, secundum præceptum

regis, elegerunt quatuordecim viros de civibus civitatis Londoniæ qui

juraverunt'. And in this case also we read: 'Hæc sunt nomina illorum

qui juraverunt.... Et hæc sunt nomina eorum in quorum præsentia

juraverunt.'[213]

This corresponds, it will be seen, exactly with the writ to which the

_Inquisitio Eliensis_ was, I hold, the return: 'Inquire ... qui eas

(terras) juraverunt et qui jurationem audierunt' (_infra_, p. 114).

Enough has now been said to show that the names of the Domesday jurors

recorded for each Hundred represent a jury of eight, elected to swear

on behalf of the whole Hundred, and composed of four foreigners and

four Englishmen, in accordance with the principle that the conflicting

interests ought to be equally represented.[214]

We may take, as a typical set of _juratores_, those for the Hundred of

Erningford, the survey of which, in Mr Hamilton's book, occupies pp.

51-68. I give them in their order:

[_Francigenæ_] [_Angli_]

Walterus Monachus Colsuenus

Hunfridus de anseuilla Ailmarus eius filius

Hugo petuuolt Turolfus

Ricardus de Morduna Alfuuinus odesune

All four _francigenæ_ can be identified in the Hundred. Walter held

a hide and a quarter in 'Hatelai' from the wife of Ralf Tailbois;

Humfrey, a hide and a quarter in 'Hatelai', from Eudo dapifer;[215]

Hugh, a hide and a half in 'Melrede', from Hardwin de Scalers; and

Richard, three virgates in 'Mordune', from Geoffrey de Mandeville. Of

the _Angli_, Colsuenus was clearly Count Alan's under-tenant at three

townships within the Hundred, holding in all two hides; 'Ailmarus',

his son, was, just possibly, the 'Almarus de Bronna', who was a

tenant of Count Alan in two adjacent townships, holding two hides and

three-eighths; 'Turolfus' and 'Alfuuinus' cannot be identified, and

were probably lower in the social scale.

It will be observed that Colsweyn belongs to a special class,

the English under-tenants. He is thus distinct at once from the

_Francigenæ_, and from the villeins of the township. He and his peers,

however, are classed with the latter as jurors, because they are both

of English nationality. In the great majority of cases the English

_juratores_ cannot be identified as under-tenants, and may therefore

be presumed to have belonged to the township deputations.

XVII. THE 'INQUISITIO ELIENSIS'

The record known by this name has long been familiar to Domesday

students, but no one, so far as I know, has ever approached the

questions: Why was it compiled? When was it compiled? From what

sources was it compiled? These three questions I shall now endeavour

to answer.

First printed by the Record Commission in their 'Additamenta' volume

of Domesday (1816), its editor, Sir Henry Ellis, selected for his

text the most familiar, but, as I shall show, the worst of its three

transcripts (Cott. MS., Tib. A. VI), though he knew of what I believe

to be the best, the Trin. Coll. MS., O. 2, 1, which seems to be the

one styled by him 68 B 2.[216] In his introduction he thus described

it:

The _Inquisitio Eliensis_ is a document of the same kind with

the Exeter Domesday; relating to the property of the Monastery

of Ely recorded afterwards in the two volumes of the Domesday

Survey (p. xiv).

From this it would seem that Ellis believed the _Inquisitio_, at any

rate, to be previous to Domesday Book, but he practically left its

origin altogether in doubt.

Sixty years later (1876) the _Inquisitio_ was published anew,

but without any further solution of the points in question being

offered.[217] For this edition three MSS. were collated, with

praiseworthy and infinite pains, by Mr N. E. S. A. Hamilton. Taking

for his text, like Ellis, the Cottonian MS. Tib. A. VI, which he

distinguished as A, he gave in footnotes the variants found in the

MSS. at Trinity College, Cambridge, viz.: O. 2, 41 (which he termed

B), and O. 2, 1 (which he distinguished as C). In Mr Hamilton's

opinion (p. xiv) the 'C' text 'appears to have been derived from the

"B" MS. rather than the Cottonian' ('A'). From this opinion, it will

be seen, I differ wholly.

A careful analysis of the three texts has satisfied me beyond question

that while C is the most accurate in detail, it is marred by a

peculiar tendency to omission on the part of its scribe. This, indeed,

is its distinctive feature. Now B cannot be derived from C, because

it supplies the latter's omissions. On the other hand, C cannot be

derived from B, because it corrects, throughout, B's inaccuracies.

Consequently they are independent. More difficult to determine is

the genesis of A, the worst of the three texts; but as it virtually

reproduces all the inaccuracies found in B (besides containing many

fresh ones), without correcting any, it can only be inferred that B

was its source. Thus we have on the one hand C, and, on the other B

(with its offspring A), derived independently from some common source.

And this conclusion agrees well with the fact that a long catalogue of

lands abstracted from the House of Ely is found in C, but not in A

or B,[218] and with the circumstance that the famous rubric ('Hic

subscribitur inquisitio'), which heads the inquisition in A and B, is

placed by C at the end of the lists of jurors.[219]

Starting from this conclusion, let us now proceed to ask, what was the

document from which B and C copied independently? Clearly, it was

not Domesday Book, for outside the eastern counties they record the

returns in full, like the _Inq. Com. Cant._ itself. Were they then

taken from the original returns, or at least from the copy of those

returns in the _Inq. Com. Cant._? This point can only be determined

by close analysis of the variants; if we find B and C containing

occasionally the same errors and peculiarities, although copied

independently, it follows that the document from which they both

copied must have contained those same errors and peculiarities. Let

us take the case of Papworth. The right reading, as given both in

Domesday and the _Inq. Com. Cant._, I have placed on the left, and the

wrong reading, in B and C, on the right:

[tenet abbas] ii. hidas et iii. [tenet abbas] ii. hidas et dim.

virgas et dim. [virgam]. virgam et[220] iii. virgas.

I. hida et i. virga et dimidia I. hida et dimidia virga et una

[virga] in dominio. virga[221] in dominio.

Here are some further illustrations of errors in the I.E.:

_D.B. and I.C.C._ _I.E._

VIII. hidas et dimidiam et VIII. hidis et dimidia et dimidia

dimidiam virgam.... In dominio virga ... iii. hidæ et dimidia

iii. hidæ et dimidia (p. 18). _et dimidia virga_ in dominio

(p. 104).

II. carruce in dominio. Et IIII^{or.} carruce ... in

tercia potest fieri (p. 21). dominio.

I. hida _et dimidia_ et xii. I. hida et xii. acræ in dominio

acræ in dominio (p. 87). (p. 110).

tenet Radulfus de Picot (p. 85). Rod[bertus] tenet de vicecomite

(p. 110).

Johannes filius _Waleranni_ Johannem filium

(p. 27). _Walteri_ (p. 103).

Again, the clause 'Tost[222] pro viii. hidis et xl. acris', which

ought to head the Hardwick entries, is wrongly appended in the I.E.

(p. 110) to a Kingston entry with which it had nothing to do. So too,

'hoc manerium pro x. hidis se defendit [_sic_] T.R.E. et modo pro

viii. hidis', which belongs to Whaddon, is erroneously thrown back by

the I.E. (p. 107), into Trumpington, a Manor in another Hundred. It

is singular also that all the MSS. of the I.E. read 'iii. cotarii' (p.

101), where D.B. and the I.C.C. have 'iii. bordarii' (p. 3), and 'x.

cotarii' (p. 101), where they have 'x. bordarii' (p. 6): conversely,

the former, in one place, read 'xv. bordarii' (p. 107), where the

latter have 'xv. cotarii' (p. 63).

In comparing the text of the I.E. with that of the I.C.C., we

shall find most striking and instructive variants in the lists of

_juratores_ for the several Hundreds. Take, for instance, the lists

for the Hundreds of Cheveley and Staines, which follow one another in

both MSS.

_I.C.C._ _I.E._

CAUELEIE CAUELAI[223]

Ric[ardus] Ric[ardus] _prefectus huius

hundreti_.

Euerard[us] filius Brientii Æduuard[us] _homo Alb[er]ici de

uer_

Radulfus de hotot Radulfus de hotot

Will[elmu]s de mara Will[elmu]s de mara

Stanhardus de seuerlei Standard[224] de seuerlaio

Frauuin[us] de Curtelinga Frawinus[225] de quetelinge[226]

Carolus de cauelei _Brunesune_ Carlo de cauelaio[227]

Vlmar[us] homo Wigoni _et Wlmar' homo Wighen[228]

o[mne]s alii franci et

angli juraverunt_

The second name on these lists can be conclusively tested. For the

relative entry in the I.C.C. is 'Esselei tenet euerard[us][229] filius

brientii de Alberico'. This proves that the I.C.C. is right in reading

'Euerard[us]', while the I.E. is right in adding 'homo Alb[er]ici de

uer'.

These are the lists for Staines Hundred.

_I.C.C._ _I.E._

STANE STANAS

Harold[us] Alerann[us]

Roger[us] Rogger[us] _homo Walt[er]i

giffardi_[230]

Aleranus _francigena_

Ric[ardus] fareman Ric[ardus] _p[ræ]fectus hui[us]

hundreti_ Farmannus

Huscarl de suafham[231] Huscarlo de suafham[231]

Leofuuin[us] _de bodischesham_ Leofuuin[us]

Harald _homo Hard[uuini] de

scalariis_

Alric[us] de Wilburgeham _et_ Aluric[us] de Wiburgeham _et

_omnes franci et angli_. alii omnes franci et angli

de hoc hundreto_.

In these two lists the points to strike us are that Harold is placed

first on one list and seventh on another; Aleran third on one list and

first on another; and 'Fareman' distinguished more clearly in the I.E.

than in the I.C.C. as a separate individual.

If we now collect from the other Hundreds some instances of

instructive variants, we shall obtain important evidence.

_I.C.C._ _I.E._

Rob[ertus] de Fordham Rob[er]tus _angli[cus]_ de Fordham

Picotus vicecomes [Omitted][232]

Walterus Monac[us] Walt[erus][233]

Gerardus Lotaringus _de Girardus lotherensis _Herveus de

salsintona_ salsitona_

Pagan[us] homo hardeuuini Paganus _dapifer_ Hard'

Rad[ulfus] de _scannis_ Radulfus de _bans_[234]

Fulco _Waruhel_ Fulcheus _homo vicecomitis_

Rumold[us] _de cotis_ Rumold _homo comitis Eustachio_

Will[elmu]s Will[elmus] _homo picoti vice

comitis_

Wlwi _de doesse_ Wlwi de _etelaie_

Godlid de _stantona_ Godliue

_I.C.C._ _I.E._

FLAMENCDIC FLAMMINGEDICH

Robert[us] de Hintona Rodb[er]t[us] de Histona

Fulcard[us] _de Dittona_ Osmundus parvus

Osmund[us] parvulus Fulcold _homo abbatis de

Ely_

Baldeuuinus _cum barba_ Baldeuuinus _cocus_

Æduuin[us] presbyter Æduuinus presbyter

Ulfric[us] de teuersham Wlfuric de teuersham

Silac[us] _eiusdem villæ_ Syla

Godwun[us] _nabesone_ Goduuine _de fulburne_

It is impossible to examine the italicized variations in these

parallel texts without coming to the conclusion that they must have

been independently derived from some common original, an original

containing more detail than either of them. On the other hand, the

comparatively close agreement between the texts of the actual returns

in the I.C.C. and the I.E. leads one to infer that these were copied

with far more exactitude than the comparatively unimportant surnames

of the jurors. For us the value of these variations in the jurors'

lists lies in the evidence afforded to the origin of the existing MSS.

The object of this careful scrutiny has been to prove that as certain

errors and peculiarities are found in two independent MSS., they must

have existed in the original document from which both were copied,

and which was neither the I.C.C. transcripts nor the original Domesday

returns. What then was this document? It was, and can only have been,

the true _Inquisitio Eliensis_, the date and origin of which I

shall discuss below. Further, I should imagine this document to

have probably been a roll or rolls, which--on its contents being

subsequently transcribed into a book for convenience--was allowed,

precisely as happened to the Domesday rolls themselves, to disappear.

In perfect accordance with this view we find the whole contents of the

_Inquisitio_ arranged for a special purpose, and no mere transcript of

the Domesday returns. Thus, after abstracting all the entries relating

to the Cambridgeshire estates, and subjoining a list of houses held in

Cambridge itself, it proceeds to add up all the items independently,

and record their total values to the Abbey. This analysis is carried

out for several counties (pp. 121-4), and is, of course, peculiar

to the _Inquisitio_, although inserted between the abstracts of the

Domesday returns for Cambridgeshire and Herts. So too the breviate

or short abstract of the estates (pp. 168-173), which was part of the

original document--for it is found in all the derived MSS.--must have

been specially compiled for it, and so also was the _Nomina Villarum_

(pp. 174-83).

Another peculiarity of the _Inquisitio_ is the care with which it

records the names of sokemen on the Abbey estates when omitted in the

I.C.C. and D.B. This may lead us to ask whether its compilers supplied

these names from their personal knowledge. We might think not, for in

some cases they are recorded by the D.B. and the I.C.C., while in

one (p. 106) the I.E. actually omits the name, reading only 'quidam

sochemanus', where the other two documents (p. 46) supply his name

('Fridebertus'). From this we might infer that the names were probably

recorded in the original returns, but deemed of too slight importance

to be always copied by the transcriber. Yet the balance of evidence

leads me to believe that the I.E. did supply names from independent

knowledge. With the values, however, the case is clearer. The

I.E. contains special and exclusive information on the value of

socman-holdings, and must, I think, have derived it from some other

source than the original Domesday returns. Here are some instances in

point.

_I.C.C._ _I.E._

III. sochemanni fuerunt ... In Erningetone fuit quidam

secundus homo abbatis de Ely sochemannus, _Ædwardus_, et

tenuit ii.[235] hidas ... habuit i. hidam. Homo abbatis

Potuerunt Eli fuit in obitu regis Ædwardi,

recedere (p. 83). sed terram suam vendere potuit;

sed soca semper S. Ædeldrede

remansit (p. 110).

X. sochemanni ... et i. istorum In Ouro fuit quidam sochemannus

homo abbatis de Ely fuit. _nomine Standardus_, qui dimidiam

Dimidiam hidam habuit. Non hidam habuit sub abbate ely. Non

potuit dare neque vendere, et potuit ire ab eo nec separare ab

ii. istorum, homines predicti ecclesia _et valet viginti

abbatis, iii. virgas habuerunt, solidos_. Et modo habet

vendere potuerunt; soca remansit Hardwinus. Et alii ii. sochemanni

abbati (p. 91). iii. virgatas habuerunt.

Potuerunt dare vel vendere sine

soca cui voluerunt et modo tenet

Hardwinus. _Et valet_ xv.

_solidos_ (p. 112).

Et x^{us} [sochemannus] homo Quidam sochemannus sub abbate

abbatis de ely fuit. i. hidam et eli i. hidam et dim. tenuit

dim. habuit. Et omnes isti T.R.E. potuit dare sine licentiam

recedere potuerunt; et vendere [_sic_] eius, sine socha. Et modo

terram suam cui voluerunt Picot vicecomes tenet eam sub

(p. 95). abbate ely. _Valet_ x. _sol_.

(p. 113).

This last passage, of itself, is full of instruction. Firstly,

the I.E. alone gives the value of the holding. Secondly, the I.E.

preserves the 'sine socha' which qualifies the holder's right. Now

D.B. gives the last clause as:

Hi omnes terras suas vendere potuerunt. Soca tantum hominis

abbatis de Ely remansit æcclesiæ.

This qualification corresponds with the 'sine socha' of the I.E., and

is, we should observe, wholly omitted in the I.C.C. Thirdly, the

three versions of the original return employ three different words

to express the same one--'recedere', 'vendere', 'dare'. Fourthly, the

superiority of the C text of the I.E. over B (which makes two blunders

in this passage) and of B over its offspring A (which adds a third) is

here well illustrated. Fifthly, the phrase 'Picot vicecomes tenet

eam sub abbate ely' differs notably from Domesday, which assigns the

estate to Picot unreservedly, and still more from the I.C.C. which

reads 'tenet Robertus de Picoto vicecomite in feudo regis'.

The next example is taken from the township immediately preceding.

_I.C.C._ _I.E._

V. istorum (sochemannorum) Fuerunt quinque sochemani

homines abbatis de Ely fuerunt. Et T.R.E. unus istorum _sugga

unus istorum i. virg. et dim. habuit. nomine_ habuit una virg. et

Non potuit recedere. Et alii iiii. dim. sub abbate ely.

habuerunt v. hidas et i. virg. Non potuit recedere.

Potuerunt recedere sine soca (p. 95). _Et valet_ x. _sol._

Et alii iiii^{or}

sochemani v. hidas

et i. virg. tenuerunt de

abbate eli. Potuerunt

dare preter licentiam

abbatis et sine socha et modo

tenet eam Picot vicecomes

de abbate ely _et valet_

iii. _lib._ (p. 112).

I have said that in all these cases it might perhaps be held that

the additional details found in the I.E. were not due to special

information possessed by its compilers, but were derived from the

original returns, though omitted by their other transcribers. It is

possible, however, to put the matter to the test. If, anticipating for

a moment, we find that we have, for the eastern counties, in Domesday

the actual materials from which the compilers of the I.E. worked, we

can assert that any additional details must have been supplied from

their own knowledge. An excellent instance in point is afforded by

Tuddenham, in Suffolk:

_D.B._ _I.E._

In Tudenham Geroldus i. lib' In Tudenham i. li. homo Ælfric'

hominem ... comend' Saxæ de commend' S. Ædel' xii. ac' et iii.

abbate T.R.E. xii. ac' pro man', b. et i. c. et iii. ac' prati et

iii. bord' Semp' i. car. ii. ac' val. viginti iii. s.

prati ... val. iii. sol.; et in

eadem ii. liberi homines comend' In eadem i. l. ho' hedric'[236]

i. sancte Æ. et alter comend' commend' S. Ædel' viii. ac' et val'

heroldi x. ac', et dim. car. et xx. den. Hoc tenet R. de Raimes

val. ii. sol. Hoc tenet Geroldus (p. 151).

de R. [de Raimes] (ii. 423_b_).

One knows not, truly, which blunder is the worst, that of the Domesday

scribe, who has converted a probable 'S. æ',[237] i.e. Ely Abbey, into

'Saxæ', or that of the compiler of the I.E., who, by interpolating the

word 'viginti', has converted three shillings into three-and-twenty.

But the point is that the latter could name the Abbot's sokeman

(nameless in Domesday) and could supply his acreage and the value of

his holding. The actual details seem to have been:

Acres Pence

Abbot's sokeman 8 20

Harold's sokeman 2 4

---------------

10 24

Domesday records the totals only.

Enough has now been said of the twelfth century transcripts in which

alone are preserved to us the contents of the _Inquisitio_. We have

seen that they point to the existence of some common original, which,

while closely parallel with Domesday, as a record of the Abbey's

possessions, contained certain special features and additional

information. Why, when, and from what sources that original was

compiled, I shall now endeavour to explain.

XVIII. THE ELY RETURN

The theory I propound for the origin of the so-called _Inquisitio

Eliensis_ is that it was the actual return ordered by that writ of the

Conqueror,[238] of which a copy is given in all three MSS. (A, B, C)

and which is printed in Mr Hamilton's book, on p. xxi (No. VIII).

I give the wording of the writ, followed by the heading to the

_Inquisitio_ with which it should be closely compared.

Willelmus Rex Anglorum Lanfranco archiepiscopo salutem....

Inquire per episcopum Constantiensem et per episcopum

Walchelinum et per ceteros qui terras sanctæ Ædeldrede

scribi et jurari fecerunt, quomodo jurate fuerunt et qui eas

juraverunt, et qui jurationem audierunt, et qui sunt terre,

et quante, et quot, et quomodo vocate [et] qui eas tenent. His

distincte notatis et scriptis fac ut cite inde rei veritatem

per tuum breve sciam. Et cum eo veniat legatus abbatis.

RETURN

Hic subscribitur inquisicio terrarum, quomodo barones regis

inquisierunt,[239] videlicet per sacramentum vicecomitis

scire et omnium baronum et eorum francigenarum, et tocius

centuriatus, presbiteri, prepositi, vi. villani [_sic_]

uniuscujusque ville; deinde quomodo vocatur mansio, quis

tenuit eam tempore R.E., quis modo tenet, quot hide, quot

carruce[240] in dominio, quot hominum, quot villani, quot

cotarii, quot servi, quot liberi homines, quot sochemanni,

quantum silve, quantum prati, quot[241] pascuorum, quot

molendina, quot piscine, quantum est additum vel ablatum,

quantum valebat totum simul,[242] et quantum modo, quantum

quisque liber homo vel sochemannus habuit vel habet. Hoc totum

tripliciter, scilicet tempore regis Æduardi, et quando Rex

Willelmus dedit et qualiter modo sit, et si potest plus haberi

quam habeatur.

Isti homines juraverunt, etc., etc.

Especially important is the fact that the return contains the jurors'

names, in accordance with the express injunction to that effect in the

Conqueror's writ.

Now if this theory meet with acceptance, and the writ be taken to

refer, as I suggest, to the Domesday Inquest itself, it follows that

the Bishop of Coutances and Bishop Walchelin were the heads of the

Domesday Commission for this district. This, of course, has been

hitherto unknown; but it adds to the presumption in favour of the

facts that Bishop Walchelin is not mentioned in any of the Ely writs

as taking part in the _placita_ concerning the Abbey's lands,

and that, therefore, the only Inquest in which he could have been

concerned was the Domesday Inquest itself. It should be added,

however, that these two Bishops may have been, respectively, the heads

of two distinct commissions for adjoining groups of counties.

The heading to the _Inquisitio Eliensis_ is so well known, and has

been so often quoted by historians, that it is a gain to fix its

_status_, the more so as it has been loosely described as the

'official' instructions for the Survey itself. We may also determine

the date of the writ as the very close of the Conqueror's reign. For

it must have been issued between William's departure from England,

_circ._ September 1086, and his death (September 1087).

And now, how was the return compiled? It deals, we find, with six

counties, arranged in this order: Cambridgeshire, Herts, Essex,

Norfolk, Suffolk, and Hunts. For _Cambridgeshire_ it copies, clearly,

from the original returns. For Herts it must have done so also,

because it gives full details, which are not found in Domesday Book.

This conclusion is confirmed by the fact that, for these two counties,

it gives the jurors' names (for the hundreds dealt with), which it

could only have obtained from those original returns. For _Essex_,

_Norfolk_, and _Suffolk_, on the contrary, it simply gives the same

version as the second volume of Domesday Book, and omits accordingly

the jurors' names. The case of the four Manors in _Hunts_ I leave in

doubt, because the version in the _Inquisitio_ (pp. 166-7) has more

details than that of Domesday, though the latter is here exceptionally

full, and because it places first the Manor which comes fourth in

Domesday (i. 204). The additional details (as to live-stock) are such

as we might expect to be derived from the additional returns; but the

names of the witnesses for the Hundred are not recorded, a fact to be

taken in conjunction with the belated entry of these Huntingdonshire

Manors not following, as they should, those in Cambridgeshire and

Herts.

In addition to the _Inquisitio_ itself, as printed by the Record

Commission, there is a record, or collection of records, which follows

it in all three MSS., and which is printed in Mr Hamilton's book (pp.

168-89). Although its character is not there described, it can be

determined. For in the _Inquisitio_ there are three references to

the 'breve abbatis de ely' (pp. 123-4), all three of which can be

identified in the above record (pp. 175-7). It is noteworthy that the

record in question is only complete in C, which confirms my view that

B and its offspring A were independent of C.

Though the word _Breve_ in Domesday Book normally means the king's

writ, there are passages which seem to have been overlooked, and in

which it bears another and very suggestive meaning. One of them is

found at the end of the Survey of Worcestershire and was foolishly

supposed by the compilers of the index volume (pp. 250, 315) to relate

to lands held by 'Eddeva' and entered immediately before it. The

passage is an independent note, running thus:

In ESCH Hund' jacent x. hidæ in Fecheham et iii. hidæ in

Holewei et scriptæ sunt in _brevi de Hereford_.

In DODINTRET Hund' jacent xiii. hidæ de Mertelai et v. hidæ de

Suchelei quæ hic placitant et geldant, et ad Hereford reddunt

firmam suam, et sunt scriptæ in _breve regis_ (i. 178).

All four places are found on fo. 180_b_, 'Feccheham' and 'Haloede'

[_sic_][243] together (under 'Naisse' Hundred[244]) as paying a

joint ferm--'Merlie' (Martley) under 'Dodintret' Hundred and Suchelie

(Suckley), now in Herefordshire, as 'in Wirecestrescire' (cf. i. 172).

It is clear then that Domesday here uses 'breve' of a return, not of

a writ, and I venture to think the word may refer to the abbreviated

entries made in Domesday Book itself as distinct from those _in

extenso_ found in the original returns.[245]

This usage is found in both volumes. We read of land at Marham,

Norfolk, held by Hugh de Montfort; 'est mensurata in brevi Sanctæ

Adeldret' (ii. 238), where the reference is to the 'Terra Sanctæ

Adeldredræ' (ii. 212), and of Hurstington Hundred, Hunts, 'Villani

et sochemanni geldant secundum hidas in brevi scriptas' (i. 203). The

reference, in both cases, is to the text itself.

The former of these two phrases is repeated in the _Inquisitio

Eliensis_,[246] a fact of some importance if, as I venture to think,

it is there meaningless. The point is worth labouring. We see that

the phrase cannot have occurred in the original returns, where all

the entries relating to Marham would have come together. But if it

was only applicable to Domesday Book itself--where the fiefs were

separated--then must the I.E. have copied from Domesday Book.

This, indeed, is the point to which I am working. For Essex, Norfolk,

and Suffolk, I believe, the compilers of the _Inquisitio_ (1086-7)

must have worked from the second volume of Domesday as we have it now.

We see it _firstly_, in the order of the counties; _secondly_, in the

absence of the jurors' names; _thirdly_, in the system of entering the

lands. With a fourth and minute test I have dealt just above.

But to make this clearer, we must briefly analyse the return. The

Cambridgeshire portion extends from p. 101 to p. 120. It extracts

from the original returns, Hundred by Hundred, all that relates to

the Abbey of Ely. Following this is a note of its possessions in

the Borough of Cambridge[247] (pp. 120-1), and then summaries of the

Abbey's estates, in _dominium_ and _thainland_ and _socha_, in all

six counties, and of the lands held by Picot the Sheriff, Hardwin

d'Eschalers and Guy de Raimbercurt, to which it laid claim as its own

(pp. 121-4). Then we resume with Hertfordshire, the extracts from

the original returns (pp. 124, 125). Both the Cambridgeshire and

Hertfordshire portions close with the words, 'De toto quod habemus',

etc., referring to the totals worked out by the Abbey from the entries

in the original returns.

With Essex, we enter at once on a different system. This portion,

which extends from p. 125 to p. 130 (line 8), is arranged not by

Hundreds but by fiefs. It first gives the lands actually held by the

Abbey (as coming first in Domesday), and then those of which laymen

were in possession. To the latter section are prefixed the words: 'Has

terras calumpniatur abbas de ely secundum breve regis'. From Essex we

pass to Norfolk, the entries for which, commencing on p. 130 with

the words 'In Teodforda', end on p. 141 at 'Rogerus filius Rainardi'.

These again are divided into two portions, namely, the lands credited

to the Abbey in Domesday (pp. 130-6), and those which it claimed but

which Domesday enters under other owners (pp. 137-41). Between the two

comes the total value of the former portion and a list of the Norfolk

churches held by the Abbey. Last of the Eastern counties is Suffolk,

which begins on p. 141 at 'In Tedeuuartstreu hund.', and ends on p.

166. This also is in two portions, but the order seems to be reversed,

the alleged aggressions on the Abbey's lands coming first and its

uncontested possessions last. The latter portion begins on p. 153,

where the B text inserts the word 'Sudfulc'.

The following parallel passages are of interest as showing how closely

the I.E. followed D.B. even when recording a judicial decision.

_D.B._ _I.E._

In dermodesduna tenuerunt xxv. In dermodesduna tenuerunt xxv.

liberi homines I car. terræ ex lib. homines I car. terre ex

quibus habuit sca. Al. commend. quibus habuit S. Ædel. sacam et

et socam T.R.E. Tunc vi. car. socam et commend. T.R.E. Tunc

modo ii., et iii. acre prati, vi. car. modo ii., et iii. acre

et val. xx. sol. prati, et val. xx.

Rogerus bigot[us] tenet de abbate, sol. R. bigot tenet de Abbate

quia abbas eam derationavit super quia Abbas eam dirationavit

eum coram episcopo de sancto super eum coram episcopo

Laudo, sed prius tamen tenebat de constantiensi. Sed prius

rege (ii. 383). tamen tenuit de rege (p. 157).

The one variation, the Bishop's style, has a curious parallel in

Domesday Book (i. 165), where under the rubric 'Terra Episcopi

Constantiensis' we read 'Episcopus de Sancto Laudo tenet', etc.

We may take it then that the compilers of the _Inquisitio Eliensis_

worked for Cambridge and Herts from the original returns, but, for

the eastern counties, from the second volume of Domesday. What are the

corollaries of this conclusion? They used, for some reason or other,

the second volume of Domesday, but not the first--if, indeed, it then

existed. Speaking for myself, I have always felt not a little uneasy

as to the accepted date for the completion of Domesday Book.[248] Mr

Eyton went so far as to write:

Imperial orders have gone forth that the coming Codex, the

Domesday that is to outlive centuries, is to be completed

before Easter (April 5th, in that year [1086]), when King

William himself expects to receive it in his Court and Palace

of Winchester (_Notes on Domesday_, 15).

And he explicitly stated that:

On any hypothesis as to the time taken by the different

processes which resulted in Domesday Book, the whole, that

is the survey, the transcription, and the codification, were

completed in less than eight months, and three of the eight

were winter months. No such miracle of clerkly and executive

capacity has been worked in England since.[249]

But was it worked then? All that the chronicle says of the King is

that the '_gewrita_ wæran gebroht to him', a phrase which does not

imply more than the original returns themselves.

Of course, the chief authority quoted is the colophon to the second

volume:

Anno millesimo octogesimo sexto ab incarnatione Domini

vicesimo vero regni Willelmi facta est ipsa descriptio non

solum per hos tres comitatus sed etiam per alios.

It seems to have been somewhat hastily concluded that because the

Survey ('Descriptio Angliæ') took place in 1086, Domesday Book (which

styles itself _Liber de Wintonia_), was completed in that year. The

phrase 'per hos tres comitatus' proves, surely, that 'descriptio'

refers to the Survey, not to the book.[250]

I have never seen any attempt at a real explanation of the great

difference both in scope and in excellence between the two volumes,

or indeed any reason given why the Eastern counties should have had

a volume to themselves. For a full appreciation of the contrast

presented by the two volumes, the originals ought to be examined. Such

differences as that the leaves of one are half as large again as those

of other, and that the former is drawn up in double, but the latter in

single column, dwarf the comparatively minor contrasts of material

and of handwriting. So, too, the fullness of the details in the second

volume may obscure the fact of its workmanship being greatly inferior

to that of the first. Of its blunders I need only give one startling

instance. The opening words of the Suffolk Survey, written in bold

lettering, are 'Terra Regis de Regione' (281_b_). I have no hesitation

in saying that the last words should be 'de _Regno_'. Indeed, the

second formula is found on 289_b_, as 'Terra Regis de Regno', while on

119_b_ under 'Terra Regis', we read 'hoc manerium fuit de regno'. So

also in the Exon Domesday 'Terra Regis' figures as 'Dominicatus regis

ad regnum pertinens'.[251] The muddled order of the tenants-in-chief

for Norfolk and for Suffolk--where laymen precede the church[252]--is

another proof of inferiority, but only minute investigation could show

the hurry or ignorance of the scribes.

Now, all this might, I think, be explained if we took the so-called

second volume to be really a first attempt at the codification of the

returns. Its unsatisfactory character must have demonstrated the need

for a better system, which, indeed, its unwieldy proportions must have

rendered imperative. So drastic and so successful, on this hypothesis,

was the reform, that while these three counties had needed a volume

of 450 folios, the rest of England that was surveyed--some thirty

counties--was compressed into a single volume of 382 folios, and on

a system which rendered consultation easier and more rapid. In every

respect the first volume is a wonderful improvement on the second, but

the authorities may have shrunk from ordering the latter to have been

compiled _de novo_, when the work, though unsatisfactory, had once

been done.

This, it must of course be remembered, is all hypothesis, a hypothesis

suggested by the facts. If it were proved that at the time when the

Ely return was made, the 'second' volume had been compiled, and the

'first' had not, I should have established my case. But it might be

urged that the 'first' volume did exist at the time, and that the

Ely scribes used the returns instead, because they contained fuller

information. To this I reply, so far as the details of the estates are

concerned, that neither the terms of the writ nor the heading of the

_Inquisitio_ involved the inclusion of such details as Domesday

Book omitted. If the scribes inserted them, it must have been merely

because they inserted everything they found in the records from which

they copied. It might still be urged that they went to the returns for

the names of the _juratores_; but why, if so, did they not do so for

the three eastern counties? It certainly seems to me to be the most

satisfactory explanation that the materials supplied for compiling

this return, as being the recognized official records, were the

so-called 'second' volume of Domesday, and (for the rest) the original

returns.

XIX. FIRST MENTION OF DOMESDAY BOOK

No one nowadays should require to be told that the pseudo-Ingulf's

dealings with Domesday are devoid of all authority. Some, however, may

still believe in the tale found in that 'Continuatio' of his chronicle

which is fathered on Peter of Blois. It is there that Ellis found

(putting Ingulf aside) the only case of an appeal to its witness

before the reign of John.[253]

With the 'Continuatio' I shall deal below,[254] but I would observe,

while on the subject, that the 'pseudo-Ingulf' (charters and all)

was, I believe, largely concocted by the help of hints gathered from

Domesday Book.

The absence of any authoritative mention, in its early days, of our

great record gives a special importance to an entry in the _Chronicle

of Abingdon_ (ii. 115-6), where we read that Abbot Faritius was

impleaded by certain men:

Sed is abbas in castello Wincestre coram episcopis

Rogero Saresberiensi, et Roberto Lincolniensi, et Ricardo

Londoniensi, et multis regis baronibus, ratiocinando ostendit

declamationem eorum injustam esse. Quare, justiciarorum regis

judicio obtinuit ut illud manerium, etc. ... sed quia rex tunc

in Normanniâ erat, regina, quæ tunc præsens erat, taliter hoc

sigillo suo confirmavit.

Then follows the Queen's writ, announcing the decision of the plea

held in the royal 'Curia', together with the names of the 'barons'

present. These names enable us to determine a certain limit for the

date of the plea. 'Thurstinus Capellamus', for instance, implies that

it was previous to his obtaining the See of York in 1114, while the

presence of Richard, Bishop of London, places it subsequent to July

26, 1108. It must, therefore, have been held during the King's absence

between July 1108 and the end of May 1109; or in his later absence

from August 1111 to the summer of 1113.

The action of the Queen in presiding over this _placitum_ illustrates

a recognized practice, of which we have an instance in Domesday

itself (i. 238_b_), where it is stated that Bishop Wulfstan,

'terram deplacitasse coram regina Mathilde in presentia iiii^{or.}

vicecomitatuum'. The Queen's description of the _Curia Regis_ as

'curia domini mei et mea' should be compared with the phrase employed

by the Queen of Henry II, who, similarly acting in her husband's

absence, speaks of the Great Justiciar as 'Justicia Regis et mea'.

But the essential portion of the passage before us is this:

Sciatis quod Faritius abbas de Abendona in curia domini mei et

mea, apud Wintoniam in thesauro ... _per Librum de Thesauro_,

diratiocinavit quod, etc.

The court was held 'in castello Wincestre', says the narrative, 'apud

Wintoniam in thesauro', says the record. Both are right, for the Royal

Treasury was in Winchester Castle.[255]

But what was the 'Liber de Thesauro'? I contend that it was Domesday

Book, and can have been nothing else. For, passing now to the

_Dialogus de Scaccario_ (_circa_ 1177), we there read in reply to an

inquiry as to the nature of Domesday Book (which 'in thesauro servatur

et inde non recedit'): '_liber ille_ de quo quæris sigilli regii comes

est individuus _in thesauro_' (I. XV.). The connection of the Book

with the Treasury is brought out strongly in the _Dialogus_, and leads

to the presumption, as Mr Hall perceived, that the Treasury being

originally at Winchester, the Book was there also--as indeed we see

it was under Henry I.[256] On the date of its removal to Westminster,

there has been much discussion between my friend Mr Hall and

myself.[257] Mr Hall relies mainly on the _Dialogus de Scaccario_, and

on the inferences he draws from it, for the early removal of Domesday

to Westminster, and the establishment there of the royal Treasury.

For myself, I claim for the Winchester Treasury greater importance

and continuity than he is willing to admit. The leading records, of

course, were stored there as well as treasure. We find William

Rufus speaking of 'meis brevibus ... qui sunt in thesauro mea

Wyntoniæ';[258] and we read that, on his father's death, 'pergens apud

Wincestre thesaurum patris sui ... divisit: erant autem in thesauro

illo lx. m[ille] libræ argenti excepto auro et gemmis et vasis et

palliis.'[259] Heming's Cartulary describes the Domesday returns

as stored 'in thesauro regali', and Henry of Huntingdon states that

'inter thesauros reposita usque hodie servantur'.[260] Now, as the

Treasury was in Winchester Castle at the time of the above suit, and

as it had been in 1100[261] and 1087, so it was still at the accession

of Stephen in 1135, and at the triumph of Matilda in 1141. This is

absolutely certain from the Chronicles, nor do they ever mention

any other Treasury. Moreover, the contents of this Treasury in

1135--'erant et vasa tam aurea quam argentea'--correspond with those

described by the _Dialogus_ forty years later: 'vasa diversi generis

aurea et argentea'. Lastly, there is a piece of evidence which has not

yet been adduced, namely, that in his _Expugnatio Hibernica_ (1188),

Giraldus, speaking of that ring and letters which John of Salisbury

declared had been brought by him from the Pope, and were 'still stored

in the Royal Treasury', writes of

Annulum aureum in investituræ signum ... qui statim simul cum

privilegio _in archivis Wintoniae_ repositus fuerat.

Giraldus certainly must have looked on the Royal Treasury at

Winchester as the only recognized repository for all such objects as

these.

Mr Hall, indeed, has gradually modified his original position

that 'Ingulphus saw the Domesday register, as it now exists, at

Westminster', and that it was sent there for good from Winchester

'early in the reign of Henry I',[262] but he still places the

establishment of 'the' Treasury at Westminster, in my opinion, too

early. It is the gradual decay of Winchester as the capital and seat

of administration that makes it difficult to say positively when or

how the national records, Domesday Books among them, were transferred

to Westminster. We have seen at least that, in its early days, the

'Liber de Wintonia', as it styles itself, had its home within the

walls of the Royal castle of Winchester; and I cannot but think,

now as at first, that it began by visiting Westminster for Exchequer

sessions only.[263]

In any case, we have seen its witness appealed to on a far earlier

occasion than had hitherto been known. In my paper on 'An Early

Reference to Domesday',[264] I quoted an even earlier mention of the

'Descriptio Angliæ', but here again the reference seems to make rather

to the Domesday Survey itself than to Domesday Book, the 'Liber de

Thesauro'.

As an appendix to this paper, I give the pedigree of the Domesday MSS.

according to the views I have expressed.[265]

Original Returns

________________________|_________________________

| | | |

Domesday Domesday 'Inquisitio 'Inquisitio[266]

Book, vol. II Book, vol. I Eliensis', Comitatus

| _quoad_ Camb. Cantabrigiensis'

| and Herts (Tib. A. VI.)

| |

| |

'Inquisitio ______|________

Eliensis', | |

_quoad_ Essex, C text B text

Norfolk, Suffolk |

______|______ A text

| | (printed by

C text B text Ellis)

|

A text

(printed by

Ellis)

[Footnote 1: _English Commonwealth_, II, ccccxliv.]

[Footnote 2: _Ibid._]

[Footnote 3: _Domesday Book_, p. 42.]

[Footnote 4: _Athenæum_, 1885, I, 472, 566-7; _Domesday Book_,

1887, p. 44.]

[Footnote 5: _Domesday Studies_ (1891), II, 488.]

[Footnote 6: _Inquisitio Comitatus Cantabrigiensis._ Cura N.

E. S. A. Hamilton, 1876.]

[Footnote 7: _Notes on Domesday_ (1877), reprinted 1880, p.

15.]

[Footnote 8: The italics are his own, _Domesday Book_, p. 42.

Cf. _Domesday Studies_, II, 486-7.]

[Footnote 9: It is not even _proved_ that the I.C.C. is copied

from the original returns themselves. There is the possibility

of a MS. between the two. See _Addenda_.]

[Footnote 10: These extracts are _extended_ and _punctuated_

to facilitate the comparison. Important extensions are placed

within square brackets.]

[Footnote 11: Curiously enough, the cases in which the I.C.C.

does really supplement the Domesday version, that is, in the

names of the holders T.R.E. and of the under-tenants T.R.W.,

were left unnoticed by Mr Hamilton.]

[Footnote 12: The references to pages are to those of Mr

Hamilton's edition. The portions within the square brackets

are the passages omitted.]

[Footnote 13: In this instance the omission is so gross that

it attracted Mr Hamilton's notice. He admits in a footnote

that his MS. 'confounds two separate entries'. It would,

however, be more correct to say that the MS. here omits a

portion of each. It is easy to see how the scribe erroneously

'ran on' from the first portion of one entry to the second

portion of another. This entry has a further value, for while

D.B. convicts the I.C.C. of omitting the words 'de Widone',

it is itself convicted, by collation, of omitting the entry,

'Terra est i. bovi'.]

[Footnote 14: The I.C.C. here wholly omits one of the three

holdings T.R.E. 'The three hides and a virgate', at which the

estate was assessed, were thus composed: (1) three virgates

held by Huscarl, (2) a hide and a virgate held by Eadgyth,

(3) a hide and a virgate held by Wulfwine, her man. It is this

last holding which is omitted. Note here that the Domesday

'hide' is composed as ever (_pace_ Mr Pell) of four virgates.]

[Footnote 15: 'i. caruce [ibi terra] et est caruca.']

[Footnote 16: 'Ita quod [non potuit] dare vel vendere' (p.

50).]

[Footnote 17: 'Potuerunt [recedere] qua parte voluerunt'--p.

62 (Mr Hamilton noticed this omission).]

[Footnote 18: 'Sed [soca] eius remansit ædiue' (p. 61).]

[Footnote 19: 'Tenet [Odo] de comite Alano' (p. 15).]

[Footnote 20: 'Soca tantum hominis abbatis de Ely remansit

æcclesiæ' (D.B.); 'sine socha' (I.E.).]

[Footnote 21: The latter is the reading of D.B., and is the

right one because confirmed by I.E.]

[Footnote 22: This, like the similar cases where D.B. is

given as the authority for the second reading, is proved

arithmetically (_vide infra_).]

[Footnote 23: The I.C.C. enumerates only _three_, which is the

number given in D.B.]

[Footnote 24: The words 'quendam ortum' had occurred just

before, and are here wrongly repeated.]

[Footnote 25: 'Inter totum valent et valuerunt xii. den.' This

was _exclusive_ of the value of the Manor, which by the way

the I.C.C. gives as sixteen pounds and D.B. at six pounds, one

of those cases of discrepancy which have to be left in doubt,

though D.B. is probably right.]

[Footnote 26: Mr Eyton, in his _Notes on Domesday_ (p. 16),

called attention to this. 'The result,' he wrote (of the

Lincolnshire Domesday), 'as to arrangement, is in certain

instances just what might have been expected from some haste

of process.... The hurried clerks were perpetually overlooking

entries which they ought to have seen.']

[Footnote 27: Mr Eyton (_ibid._, pp. 17, 18), while ignoring

this valuable and most important feature, notes the employment

of a similar device in Domesday Book itself in the case of

Yorkshire. 'Against such errors and redundancies a very simple

but effective precaution seems to have been adopted by some

clerk or clerks employed on the Yorkshire notes. Before

transcription was commenced an index was made of the loose

notes of that county. This index gave the contents of each

Wapentac or Liberty in abstract under the appropriate title;

then the measure in carucates and bovates of each item of

estate; and lastly (interlined) some hint or indication to

whose Honour or fief each item belonged. This most clerkly

device will have saved the subsequent transcribers much

trouble of roll-searching and a world of confusion in their

actual work.']

[Footnote 28: 'Warra jacet in trompintona, et terra in

grantebrigga.']

[Footnote 29: To say that the sokeman 'non potuerunt recedere

_sed_ soca remanebat abbati', is nonsense, because if they

were not able 'recedere', the question of 'soca' could not

arise. The formula 'sed soca', etc., is only used in cases

where there _was_ a right 'recedere'.]

[Footnote 30: In this case the 'n[on]' has been added by

interlineation.]

[Footnote 31: The meaning, I think, is clear, though badly

expressed, 'alias' being, seemingly, put for 'illas'.]

[Footnote 32: This error arose thus: The original return

(_see_ I.C.C.) ran: 'De his v. hidis' (i.e. in 'Campes') tenet

Normannus de Alberico dimidiam hidam.' The Domesday scribe

read this hurriedly as implying that Norman's half hide was

part of Aubrey's estate here (two and a half hides), whereas

it was reckoned and entered as a _separate_ estate.]

[Footnote 33: Proved by collation with I.C.C. and I.E., which

agree with each other.]

[Footnote 34: _Notes on Domesday_, p. 16.]

[Footnote 35: _Domesday Studies_, pp. 227-363, 561-619.]

[Footnote 36: 'Domesday Measures of Land' (_Archæological

Review_, September 1889; iv, 130).]

[Footnote 37: _Domesday Studies_, 188, 354.]

[Footnote 38: 'vi. carucis ibi est terra'. See _Addenda_.]

[Footnote 39: Compare the equivalent tenure recognized in

William of Poitier's charter to Bayonne: 'Le _voisin_ qui

voulait abandonner la cité sans esprit de retour avait le

droit de vendre librement tout ce qu'il possédait maisons,

prairies, vergers, moulins.']

[Footnote 40: We have three separate statements (of which more

anon) of the aggressions of these three men on the Abbey's

lands. Taking the one printed on pp. 175-7 of Mr Hamilton's

book, we find that of the twelve estates grasped by Hardwin,

all but one or two can be identified as the subject of

duplicate entries in Domesday. (A disputed hide and a half in

'Melrede', though not mentioned in this list, is also entered

in duplicate.) But neither of the estates seized by Guy de

Raimbercurt is so entered in Domesday. The first two of

those which Picot is accused of abstracting are entered in

duplicate, but not the following ones. There is one instance

of a duplicate entry of another character, relating to half a

virgate (D.B., i, 199, _b_, 2, gives it erroneously as half

a hide, but D.B., i, 190, _a_, 1, rightly as half a virgate),

which Picot, as sheriff had regained for the king against the

'invading' Aubrey.]

Feudal England: Historical Studies on the Eleventh and Twelfth Centuries · 第 4 / 12 章