Moreover, in the Leicestershire Survey,[34] and still more in that

of Worcestershire,[35] we have evidence that Robert's inheritance

was shared between Beauchamp and Marmion which points there also to

descent through Urse de Abetot. In my _Geoffrey de Mandeville_ (pp.

313-5) I have suggested that in their rivalry for Tamworth,[36] the

Marmions embraced the cause of Stephen, and the Beauchamps that of

Maud, their variance being terminated under Henry II by a matrimonial

alliance. Such a compromise was common enough. It was agreed on in the

case of Grantmesnil; it was carried out at this very period in that of

Fitzharding and Berkeley; it was again resorted to at a later stage in

the history of the house of Berkeley; it was arranged in the case

of Hastings; and it was repeated in that of Boleyn, where the Butler

inheritance was at stake.[37]

[Footnote 1: _English Historical Review_, v. 96.]

[Footnote 2: I have discussed above (pp. 69-72) the bearing

of its evidence on the problem of Domesday assessment, so need

not recur to the subject here.]

[Footnote 3: See note 31 below.]

[Footnote 4: Vol. II. p. xcvi.]

[Footnote 5: _A Roll of the Owners of Land in the parts

of Lindsey_ ('Reprinted from the Associated Architectural

Societies Reports and Papers').]

[Footnote 6: In consideration of which he received a pension

on the Civil List.]

[Footnote 7: There is a similar error on fo. 13, where the

'William fitz Aubrey' of Mr Waters proves to be 'filius

_Albrede_' (not _Alberici_).]

[Footnote 8: Hearne duly prints it as an interlineation.]

[Footnote 9: _Rolls of the Norman Exchequer_, II. clvi.]

[Footnote 10: He further hazarded the erroneous conjecture

that Roheis, Countess of Lincoln, was his daughter.]

[Footnote 11: _Gundrada de Warrenne_, p. 9.]

[Footnote 12: See pp. 171, 179, _infra_.]

[Footnote 13: pp. 1-237. Bound up in the York volume of the

Royal Archæological Institute.]

[Footnote 14: Stapleton indeed exposed himself unconsciously

by stating on the very same page that William Meschin's lands

had passed to his heirs 'prior to 1138', so that he could not

be the Earl of 1139.]

[Footnote 15: See on this point the important letters of Mr

Greenstreet and Mr J. A. C. Vincent to the _Athenæum_, May 9

and June 27, 1885.]

[Footnote 16: _Geoffrey de Mandeville_, p. 420 _et seq._]

[Footnote 17: Ed. Gale, pp. 114, 115.]

[Footnote 18: _Ibid._, pp. 118, 119.]

[Footnote 19: _Ibid._, pp. 124, 125.]

[Footnote 20: _Lectures on Mediæval and Modern History_, p.

148.]

[Footnote 21: _Survey of Lindsey_, p. 2.]

[Footnote 22: Mr Waters, in error, states _two_.]

[Footnote 23: It is an illustration of the ignorance prevalent

on early genealogy that even Mr Freeman could write of

'Mr Chester Waters, than whom no man better deserves to be

listened to on any point of genealogy, especially of the

Norman genealogy of the eleventh and twelfth centuries'

(_English Historical Review_, iii. 690).]

[Footnote 24: Rot. Pat. 27 Hen. VI, part I, _m_ 30.]

[Footnote 25: _Neustria Pia_, 683.]

[Footnote 26: _Gallia Christiana_ (1874), xi. 452.]

[Footnote 27: _Neustria Pia_, 881; _Gall. Christ._, xi.,

Instr. 86.]

[Footnote 28: _Gall. Christ._, xi. 452.]

[Footnote 29: Since this was written I have found that Mr C.

F. R. Palmer, in his admirable little treatise on the Marmion

family (1875), duly inserts this intermediate Robert. Mr

Palmer has shown himself by far the best authority on the

subject, and has printed a valuable charter of Stephen to

Robert Marmion.]

[Footnote 30: Paper on 'Holy Trinity Priory, York', p. 208

note. This identification is accepted by no less an authority

than Mr A. S. Ellis (_Domesday Tenants of Gloucestershire_, p.

69).]

[Footnote 31: i.e. according to Stapleton's pedigree.]

[Footnote 32; And Mr Palmer independently had done the same in

his _History of the Marmions_ (1865).]

[Footnote 33: Lodge's _Scrivelsby: the Home of the

Champions_.]

[Footnote 34: See p. 174.]

[Footnote 35: See p. 174.]

[Footnote 36: It is certain that Tamworth originally belonged

to Robert 'Dispensator', and equally certain that it was held

successively by Roger and Robert Marmion under Henry I.]

[Footnote 37: See my _Early Life of Anne Boleyn_, pp. 25-7.]

THE LEICESTERSHIRE SURVEY

(1124-29).

Asserting the importance of the Lindsey Survey, Mr Chester Waters

observed that 'this is the sole record of its kind which deals with

the interval between the completion of Domesday in 1086, and the

compilation of the Pipe-Roll of 1129-30, and that no similar return

of the landowners of any other county is known to exist' (p. 2). And,

indeed, it would seem that the survey to which I now address myself

has hitherto remained unknown. It is found in the form of a late

transcript on an unidentified roll in the Public Record Office.[1]

Comprising the whole of Gosecote Wapentake, and in part those of

Framland and Gartree, it retains for these divisions the Domesday name

of Wapentake--they are now 'Hundreds'--while subdividing them into

small 'Hundreds', of which the existence seems to have been hitherto

unsuspected. Proceeding, like the I.C.C., 'Hundred' by 'Hundred', and

Vill by Vill, it enables us, like that document, to reconstitute the

aggregate assessments, and thus affords priceless evidence on 'the

six-carucate unit'.[2] But apart from this, it is invested with no

small importance from that 'great want of documentary evidence' for

the reign of Henry I which Mr Hunter rightly lamented in his elaborate

introduction to the first great roll of the Pipe (p. ii). It affords

us new and trustworthy evidence on the many vicissitudes of the great

fiefs, and enables us, while tracing the fortunes of their owners,

to see how the first Henry provided for his _novi homines_, showering

escheats and royal demesne on the trusty officials he had raised

'from the dust', as well as on his favourite nephew, Stephen, Count of

Mortain.

The date of this survey is thus determined. The frequent mention of

'Rex D[avid]' places it subsequent to his accession to the throne in

April 1124. On the other hand, the name of Ralf Basset (the justiciar)

shows it to be anterior to his death; and he was dead before Mich.,

1130 (_Rot. Pip._, 31 Hen. I). Moreover, it speaks more than once of

Hugh de Leicester as 'Vicecomes', and Hugh's shrievalty seems from the

Pipe-Roll to have terminated at Mich., 1129. We may therefore place

this survey between the spring of 1124 and the autumn of 1129, with a

likelihood of its having been compiled nearer the latter date.

TEXT OF THE SURVEY

... 'Comes Lerc[estri]æ vj. car.

_H[undredum] de[3] Langeton'_.--In eadem villa Comes

Lerc[estriæ] xj. car. et j. virg. Ibidem Ric[ardus] Basset

iii. car. et. j. virg. In thorp Eustaci[us] iij. car. et.

iij. virg. In alia Langeton' Abbas de Burg' iiij. car. et iii.

virg. Ibidem Henricus de pport j. car. In thurlington idem

Henricus xij. car. In sscanketon' Comes Lerc[estriæ] x. car.

Ansch' ij. car.[4]

_H[undredum] de Chiburd'_.--In eadem villa xii. car. de feodo

Ansch'. In alia chiburd' Walt[erus] de Bell' campo xj. car.,

Ricardus Basset j. car. In bocton Comes Leicestriæ xij. car.

In carleton' idem Comes x. car. Et Monachi Sancti Arnulphi v.

virg. Et de ssoch' Regis iij. virg.[5]

_H[undredum] de Knossinton_.--In eadem villa ij. car. de

Honore de Blida. Et Henricus de ferr' iij. car. et. iij.

virg. In Osolinstona Rex D[avid] vij. car. In Picwell et in

Lucerthorp de feudo Rogeri de Moubray xv. car. In Neubotel

Robertus de ferr' j. car. et dim. In Burg' Marm' iij. car.

In Balbegrave vj. car. iij. bov. minus de Soch[a] Regis. In

Mardefeud iij. car. de eadem Soch[a]. In alia Mardefeud iij.

car.[6]

GOSECOTE WAP'

_H[undredum] de Lodinton[e]_, in Sceftinton[e] Norm[annus] de

Verdun viij. car. et dim. Ricardus Bass[et] iij. car. et dim.

In Gokebia Normannus de Verdun vj. car. In Adelacston[e] v.

car. et j. virg. de feodo Regis David. Et de Soch[a] Regis

iij. virg. In Ludinton[e] Ricardus Basset xii. car. In Thorp

et in Twyford Ricardus de Roll[os] ix. car. j. bov. minus.

Ibidem Henricus de ferr[ariis] ix. car. j. bov. minus. Et de

Soch[a] Regis v. car. Ex hiis Grimbaldus tenet dim. car. et

Rex D[avid] j. car. In Norton[e] x. bov. Walter de Bello campo

vj. car. Et Roger de Moubray iiij. car. et iij. virg.[7]

_H[undredum] de[8] Tilton_.--In eadem villa ij. car. j. bov.

minus de Soch[a] Regis. Ibidem Walt[erus] de Bello campo iij.

car. Archiepiscopus[9] j. car. In Neuton[e] Walter de Bello

campo iiij. car. Roger de Moubray viii. car. In Lousebia Rex

David xij. car. In Watebergia Dominicum Regis iiij. car. In

Hallested Normannus de Verdun iij. car. j. virg. minus.[10]

_H[undredum] de bebia_.--In eadem villa Abbas de Croyland xij.

car. In Cahiham iiij. car. de Soch[a] Regis. Comes Lercestrie

ij. car. In Hung'ton ix. car. In Siglebia ix. car. et. vj.

bov. et dim. de[11] Comite Lercestriæ. Ibidem Comes Cestrie

iij. car. Ibidem Ricardus Basset ij. car. Robertus de

ferrer[iis] v. bov.[12]

_H[undredum] de Barkbia_.--In eadem villa v. car. de feodo de

Belvar[o]. In Hamelton' et in thorp vi. car. de eodem feudo,

et de feodo Comitis Lercestriæ j. car. et dim. In Thormedeston

Canonici iij. car. In Crocheston[e] ij. car. et j. bov. et

dim. de Soch[a] Regis. In Neubold[e] Robertus de ferer[iis]

j. car. et dim. In Barnesby Rex iij. car. et dim. bov. Ibidem

Comes Lercestriæ xiij. bov. In Gadesby [t]erra[13] Reg[is]

viij. car. et dim. et dim. et dim. [_sic_] bov. Ibidem

Episcopus Lincolniensis viij. bov. Comes Lercestriæ j. car. et

dim. bov. Ricardus Basset dim. car. Rex D[avid] ij. car.[14]

_H[undredum] de Essebia_.--In eadem villa Rex David v. car.

Ibidem Hugo de Lerc[estria] j. car. In Humberstay Roger de

Ram[is] viij. car. Ibidem Walter de Mustere j. car. Rad[ulfus]

de Martinwast iij. car. In Mardegrave Comes Lercestriæ xij.

car. In thurmedeston idem Comes car. [_sic._] Idem in Burstall

ix. car. Idem in Anlepia vij. car. Idem in Anesting[e] vj.

car.[15]

_H[undredum] de Resebia_.--In eadem villa Ricardus Basset v.

car. Ibidem Comes Cestrie ij. car. et dim. Rex David iiij car.

et dim. In Quenburg[o] xij. car. de feodo de Belvar[o]. In

Siefton[e] Comes Lercestriæ xij. car. In Brokesbya Comes

[_sic_] Cestrie v. car. Rex David j. car. quam Pip[er]d

tenet. In Quenebia vj. car. de feodo de Belvar[o]. In

thurketleston[e] de feodo Comitis viij. car. In Cropeston[e]

iiij. car. In Rodeleia terra Regis v. car.[16]

_H[undredum] de Magna Dalbia_.--In eadem villa Episcopus

Lincolniensis ix. car. et dim. Radulfus Basset j. car. et iij.

bov. Ibidem Wil[elmus] Gam[erarius] j. car. In frisebia Comes

Cestrie iij. car., et de Soch[a] Regis viij. car. In Rederbia

Comes cestrie vi. car. In Asfordebia Comes Lercestriæ xiij.

car. In Wartnadeby de Soch[a] Regis vi. car.[17]

_Hundredum de Dalbia super Wald'_.--In eadem villa ix. car. de

feodo Edwardi de sar[esbiria], Comes Lercestrie iij. car. In

Grimestona de Soch[a] Regis iij. car. j. bov. et dim. minus.

Ricardus Basset iij. car. In Saxebia Comes Lercestrie v. car.

et de Soch[a] Regis j. car. In Siwaldebia Comes Lercestrie

vj. car. In Cosinton[e] Comes Cestrie vj. car. In Horton[e]

Robertus de Jor' ij. car.[18]

_H[undredum] de Turstanestona_.--In eadem villa Thomas x. car.

et iij. virg. Ibidem Roger de Moubray xiiij. bov. In Wileges

ij. car. de eodem feudo. In Rachedal[e] vj. car. de eodem

feudo. In Houbia vij. car. et j. virg. de feodo Thome. Ibidem

de feodo Albemarl' iiij. car. et iij. virg.[19]

_H[undredum] de tunga_.--In eadem villa cum appendiciis xij.

car. de feodo Roberti de ferr[ariis]. In Caggworth Comes

Cestrie xv. car. In Wrdintona iij. car. secundum cartam Regis

et s[uper] dictum[20] hominum hundredi xij. car.[21]

_H[undredum] de[22] Luaeb'_.--In eadem villa j. H[ida] et

xiij. car. cum appendiciis. In cherlega vj. car. et dim. In

Dixeleia et in Geroldon et in Thorp ix. car. In Hantirna est

dim. H[ida].[23]

_H[undredum] de Beltona_.--In eadem villa Normannus de

Verdon vj. car. In Overton[e] Ricardus Basset iiij. car. In

Wrdinton[e] j. car. In alia Overton[e] Robertus de ferr[ariis]

ij. car., ibidem Comes Cestrie j. car. In Stanton Robertus de

ferr[ariis] ij. car. Ibidem Normannus de Verdon iij. car. In

Dailescroft Philippus de Bello Campo Maresc[allus] j. car. In

Doninton Comes Cestrie cum appendiciis xxij. car. et dim. In

Witewic Comes Lercestrie j. car. et dim. Ibidem Robertus de

ferr[ariis] j. car. et dim.[24]

_H[undredum] de Dichesword_.--In eadem villa Robertus de

ferr[ariis] vj. car. et j. virg. Comes cestrie vj. car. Ibidem

Comes iij. car. et dim. Normannus de Verdon j. car. et ij.

bov. In Hanthirn[e] ix. car. In Widesers iij. car. Willelmi

de Gresel[e]. Idem in Lintona j. car. In blakefordeb[ia] Comes

Lercestriæ iij. car. In Culverteb[ia] ij. car. et Robertus de

ferr[ariis] j. car. In Wodete Robertus de ferr[ariis] j. car.

et dim. In Alton[e] Comes Lercestriæ j. car. et dim. Idem in

Raveneston[e] j. virg. et dim. Ibidem Comes Cestrie iij. virg.

et dim. Et Comes War' ij. car. In Suipestona Hugo vic[ecomes]

ij. car.[25]

_H[undredum] de Seyla_.--In eadem villa Robertus de

ferr[ariis] vij. car. In alia Seyla idem vj. car. Idem in

Bocthorp j. car. Idem in appelbia j. car. et j. bov. Idem in

Strecton j. car. et dim. Idem in Durantestorp ij. car. quas

Walkelinus tenet. Idem in Swepeston[e] vj. car. In Neuton ij.

car. In Actorp dim. car. In Chilteston Comes cestrie j. car.

Idem in Alpelbia dim. car. In Assebia Comes Lercestriæ iij.

car. In Pakinton Hugo Vicecomes v. car. Idem in Osgodesthorp

dim. car. In scegla Henricus de Alben[eio] ij. car. que

pertinent ad defencionem de Swepeston[e].[26]

_H[undredum] de Shepesheved_.--In eadem villa Comes [ ][27]

et in wacthon[e] et in Lokinton et in Aminton ij. h[idas] et

dim. et iiij. car. In Wacton[e] Normannus de Verdon ij. car. et

ij. bov.[28]

FRAMELAUND WAP'

_H[undredum] de caleverton[e]_.--In eadem villa xij. car.

de feodo Willelmi de Alben[eio]. In Someredebia Robertus de

ferr[ariis] v. car. Ibidem Roger de Moubray vj. car. Ibidem

Robertus Marm[ion] iij. car. et in Burg[o] iij. car. In Dalbia

Robertus de ferr[ariis] v. car. et j. bov. de feodo tessun.

Ibidem Roger de Moubray xv. bov. In Wittok Walt[erus] de bello

campo j. car. et dim. In Gillethorp Roger de Moubray iij. car.

Idem in Burg[o] j. car. In Neubold Robertus de ferr[ariis] j.

car. et dim.[29]

_H[undredum] de Estwell_.--In eadem villa Robertus de

ferr[ariis] ij. car. Ibidem Roger de Moubray vj. car. Robertus

de insula iiij. car. In aitona idem Robertus iij. car. et ij.

bov. Et de Belvero dim. car. et dim. bov. Ibidem Robertus

de insula viij. car. et iij. bov. et dim. In Branteston[e]

Episcopus Lincolniensis vij. car. et dim. Robertus de Insula

iiij. car. et dim.[30]

_H[undredum] de Melton[e]_.--In eadem villa Roger de Moubray

xv. car. Idem in Burton[e] xj. car. et vij. bov. Et de Honore

blide iij. car. Robertus de ferr[ariis] ix. bov. In Fredebia

ix. car. et ij. bov. et dim.[31]

_H[undredum] de Chirchebia_.--In eadem villa Roger de Moubray

xxiiij. car. Idem in chetlebia viiij. car. In Sixtenebia iiij.

car. et dim. de eodem feudo. Ibidem Rex D[avid] iiij. car. et

dim. In alebia ix. car. de feudo Rogeri. Ibidem Rex David iij.

car.[32]

_H[undredum] de Droctona_.--In eadem villa Comes de Moretonio

xij. car. In thorp Comes Lercestriæ xij. car. In brantingbia

vj. car. de eodem feodo. In Ringolfestorp ij. car. et ij. bov.

de eodem feodo. Robertus de ferrer[iis] j. car. et vj. bov.

In Wyfordebia iiij. car. et dim. de blide. Roger de Moubray

j. car. et dim. In chetelby et Holewell[e] ix. car. de feodo

Basset. Episcopus Lincolniensis j. car.[33]

_H[undredum] de Scaldeford_.--In eadem villa Rex David xj.

car. et dim. Ricardus Basset dim. car. In Goutebia Roger de

Moubray vj. car. In Knipton Comes de Moriton[io] viij. car. et

vi. bov., et Willelmus de Alben[eio] iij. car. et ij. bov.[34]

_H[undredum] de[35] Waltham_.--In eadem villa Comes Lercestriæ

xvj. car. et dim. Alanus de creon ij. car. et dim. In

Stonesbia idem Alanus viij. car. In Caston Robertus de

ferr[ariis] ix. car.[36]

_H[undredum] de Barcheston_.--In eadem villa Willelmus de

Alben[eio] xxiij. car. G. Camerarius j. car. In Saltebia

et berthaldebia xx. car. de feodo Peuerelli. In Garthorp

Willelmus Mesch[in] vij. car.[37]

_H[undredum] de Sproxcheston[e]_.--In eadem villa Rex David

viij. car. Alanus de Creon ij. car. Ibidem filius Gilberti ij.

car. In Bucheminest[re] et in Seustern[e] ix. car. et dim. de

feodo Episcopi Lincolniensis. Ibidem Robertus de ferer[iis]

dim. car. Willelmus Mesch[in] v. car. In Sessebia Rex David

iij. car. Robertus de ferrer[iis] iij. car.[38]

_H[undredum] de Claxton[e]_.--In eadem villa xvi. car. et dim.

et dim. bov. Ibidem Henricus Tuchet xj. car. j. bov. minus. In

Houwes de feodo de Beluer vij. car. et dim.[39]

_H[undredum] de Stapelford_.--In eadem villa x. car. de feodo

Roberti de ferrer[iis]. In Wymundeham et in thorp xxvij. car.

et dim. de eodem feodo. Ricardus Basset iij. car. et dim.[40]

_H[undredum] de Herdebia_.--In eadem villa et in plungar xvij.

car. de feodo Willelmi de Alben[eio]. Ibidem Ricardus Basset

j. car. In Stacthirn Willelmus de Alben[eio] viij. car. et

dim. Ibidem Roger de Moubray viij. car. Robertus de Insula j.

car. et dim.[41]

_H[undredum] de Botlesford_.--In eadem villa et Moston et

Normanton[e] Willelmus de Alben[eio] xxxij. car. Ibidem Agnes

de Gaunt ij. car. In Moston[e] Robertus de Insula j. car. et

dim.[42]

_[H]undredum de crocstona_.--In eadem villa Comes Maur[itonii]

xxiiij. car. In Harestan idem Comes xij. car.'[43] ...

[FINIS.]

The work of identifying the places named in this survey is difficult,

not only from the corruption of the text, but also from the fact

that many of them are only obscure names, needing, for their perfect

ascertainment, local knowledge. A careful study of the map will show

that these Leicestershire 'Hundreds', unlike those to which we are

accustomed in the hidated districts, were strangely intermingled among

themselves. Another of their peculiarities is that just as we find

the reconquered 'shires' named each after its capital town, so these

'Hundreds' were each named after one of their Vills instead of after

some natural object--probably the meeting-place of the primitive

moot[44]--as so often in the south of England.

It is important to observe that, except for this survey, we should

not even have known of the existence of these 'Hundreds' in

Leicestershire. And when we compare the entry on our roll--'Framelaund

Wap'. Hundredum de Calevertone. In eadem villa xii. car.'--with that

in the Derbyshire Domesday: 'Morelestan Wepentac. Salle Hundred. In

Salle et Draicot et Opewelle ... xii. car.' (i. 273), it is scarcely

possible to resist the conclusion that, in this passage relating to

Sawley, divided only by a river from Leicestershire, we have a glimpse

of the same system existing in Derbyshire also. That is to say,

that Sawley was not a 'Hundred' of twelve carucates,[45] as has been

suggested,[46] but was the _caput_ of a 'Hundred' similar to those

of Leicestershire. I believe, indeed, that in our survey we see the

system on which these counties were surveyed in 1086. The original

returns will have been drawn up Wapentake by Wapentake, and 'Hundred'

by 'Hundred'. But when transcribed into Domesday Book the entries were

arranged under Wapentakes alone, and the headings of the 'Hundreds'

omitted. In the case of Sawley alone the heading slipped in,

immediately preceding the entry of the Manor, as it must have done

on the original return. It is thus that I account for the mention of

'leets' slipping into the Norfolk Domesday, in two cases, from the

original return;[47] just as, in Cambridgeshire, the total assessments

of Impington and Chatteris have slipped, from the original returns,

into the _Inq. Eliensis_,[48] though duly omitted in Domesday Book.

One more point should be noticed. The somewhat mysterious entry of

land belonging 'ad defensionem de Swepestone' is at once made clear

when we compare it with that 'Defensio x. acrarum', to which I have

appealed[49] in discussing 'Wara', and which, like the 'wered' of the

Northamptonshire geld-roll,[50] refers to assessment for Danegeld.

We will now collate some of our 'Hundreds' with the relative entries

in Domesday.

LODINGTON HUNDRED

(1086) (1124-29)

_Skeffington_

Rex 12 Norman de Verdon 8-1/2

Richard Basset 3-1/2

_Tugby_

Rex 6 Norman de Verdon 6

_Allexton_

Countess Judith 6 King David's fee 5-1/4

Rex 3/4

_Lodington_

Robert de Buci 12 Richard Basset 12

_Twyford_

Rex 4-1/2 Richard de Rullos 8-3/4

_Thorpe Sackville_

Henry de Ferrers 8-3/4

_East Norton_

[?Rex 3] [Richard Basset] 1-1/4

Robert dispensator 4-1/2 Walter de Beauchamp 6

Geoffrey de la Guerche 4-1/2 Roger de Mowbray 4-3/4

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

12 12

TILTON HUNDRED

_Tilton_

Rex 2 Rex 1-3/4

Robert Despencer 3 Walter de Beauchamp 3

Archbishop of York 1 Archbishop 1

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

6 5-3/4

_Newton Burdet_

Geoffrey de la Guerche 6 Walter de Beauchamp 4

Hubert _serviens_ 1/2 Roger de Mowbray 8

_Loseby_

Countess Judith 9 King David 12

_Whadborough_

Rex 3 Rex 4

_Halsted_

Rex 2-3/4 Norman de Verdon 2-3/4

BEBY HUNDRED

_Beby_

Crowland Abbey 10-1/2 Crowland Abbey 12

_Keyham_

Rex 4 Rex 4

_Hungerton_ 9

_Sileby_

Hugh de Grantmesnil 8-1/2 Earl of Leicester 9-13/16

Earl of Chester 3

Rex 3-1/4 Richard Basset 2

Robert de Ferrers 1-1/4

BARKBY HUNDRED

_Barkby_[51]

Robert de Todeni 18 'Belvoir' 5

_Hambleton_

'Belvoir' 6

_Barkby Thorpe_

Adeliza de Grentmesnil 1-1/2 Earl of Leicester 1-1/2

_Thurmaston_

Hugh de Grentmesnil 10

{Canons [of St Mary de

Hugh de Grentmesnil 3-1/2 {Castro, Leicester][52] 3

_Croxton_

Rex 2-3/16

_Newbold Folvile_

Henry de Ferrers 1 Robert de Ferrers 1-1/2

_Barnesby_

Rex 4-5/8 Rex 3-1/16

Earl of Leicester 1-5/8

_Gaddesby_

Rex 8-3/8 Rex 8-9/16

Rex 1 Bishop of Lincoln 1

Countess Judith 2 Earl of Leicester 1-1/16

Richard Basset 1/2

King David 2

HUNDRED OF ASHBY

_Ashby Folvile_

Countess Judith 4[53] King David 5

Countess Judith 1-1/2 Hugh of Leicester 1

Humfrey _camerarius_ 1[54]

_Humberston_

Hugh de Grentmesnil? Roger de Ramis 8

Walter de Mustere 1

Ralf de Martinwast 3

_Belgrave_

Hugh de Grentmesnil 7 Earl of Leicester 12

Adeliza de Grentmesnil 1

_Thurmaston_

Earl of Leicester [10]

_Burstall_

Hugh de Grentmesnil 6 Earl of Leicester 9

_Wanlip_

'In manu Regis' 4 Earl of Leicester 7

Hugh de Grentmesnil 2 Earl of Leicester 6[55]

REARSBY HUNDRED

_Reresby_

Robert de Buci 1-3/4 Richard Basset 5

Rex 1-7/8 Earl of Chester 2-1/2

Countess Judith 2-1/2 King David 4-1/2

_Queneborough_

Geoffrey de la Guerche 9 'Belvoir' 12

_Syston_

Hugh de Grentmesnil 9 Earl of Leicester 12

_Brooksby_

Earl of Chester 2 Earl of Chester 5

Countess Judith 3/4 King David 1

_Quenby_

Robert de Todeni 2 'Belvoir' 6

Robert de Todeni (in

South Croxton) 4

_Thurcaston_

Hugh de Grentmesnil 9 Earls [of Leicester] 8

_Cropston_

_Rothley_

Rex 5 Rex 5

DALBY HUNDRED

_Great Dalby_

Bishop of Lincoln 8 Bishop of Lincoln 9-1/2

Robert de Buci 1 Ralf Basset 1-3/8

Humfrey Cam. 1 William 'Gam' 1

_Frisby_

Rex (Barrow) 1 Earl of Chester 4

Rex 8 Rex 8

_Retherby_

Rex (Barrow) 2-3/4 Earl of Chester 6

_Ashfordby_

Rex (Rothley) 12 Earl of Leicester 13

Radulfus Framen 3-1/2

_Wartnaby_

Rex 6 Rex 6

HUNDRED OF DALBY ON THE WOLDS

_Dalby on the Wolds_

Ralf fitz Hubert 9 Edward of Salisbury 9

Earl of Leicester 3

_Grimston_

Rex 2-13/16 Rex 2-13/16

Robert de Buci 3 Richard Basset 3

_Saxelby_

Rex 1 Rex 1

Earl of Leicester 5

_Sileby_

Hugh de Grentmesnil 8-1/2 Earl of Leicester 6

_Cossington_

Earl of Chester 6 Earl of Chester 6

_Hoton_

Robert de Lorz 4 Robert de Jor' 2

_Thrussington_

Guy de Raimbercurt 12 Thomas 10-1/4?

Guy de Raimbercurt [18] Roger de Mowbray 1-3/4?

'_Wilges_'

Robert de Buci 2 Roger de Mowbray 2

_Ragdale_

Robert de Buci 6 Roger de Mowbray 6

_Hoby_

Thomas 7-1/4

Dru de Bevrere 4-1/4 'Albemarle' 4-3/4

HUNDRED OF TONG

_Tong_

Henry de Ferrers 21-1/2 Robert de Ferrers 12

_Kegworth_

Earl of Chester 15 Earl of Chester 15

_Worthington_

Henry de Ferrers 4 3 or 12

In the case of this last Hundred our survey records a conflict of

testimony and, in so doing, mentions incidentally (as would Domesday)

the witness of the Hundred-court. Henry de Ferrers in the Domesday

Survey, is credited with 21-1/2 car. in 'Tunge cum omnibus

appendiciis', and with four in 'Werditone' (i. 233). But here Tong,

'cum appendiciis', is reckoned at twelve car. only. There remained,

therefore, to be accounted for a large balance of car., and these

the men of the Hundred assigned to his Manor of Worthington. It

is desirable to analyse some of the fiefs in our survey, and, by

comparison with Domesday, to trace their descent or origin.

_Roger de Mowbray's fief_

(1124-29) (1086)

car [Geoffrey de la Guerche]

Picwell and Lucerthorp 15 Pichewelle and Luvestorp 14

East Norton 4-3/4 East Norton 4-1/2

Newton Burdet 8 Newton Burdet 6

Thrussington 1-3/4

[Robert de Buci]

Wileges 2 Wilges 2

Rachedale 6 Ragendele 6

[Geoffrey de la Guerche]

Somerby 6 Dalby 4

Dalby 1-7/8 Dalby 2-1/2

Gillethorp 3 Godtorp 3-1/2

Burg 1 Burg 1

Eastwell 6 Eastwell 6

Melton 15 Melton

Burton 11-7/8 Burton 11-7/8

[Fredebie 9-5/16 Fredebie 10]

Chirchebia 24 Cherchebi (17 + 7) 24

Kettleby 9(?) Chettlebi 8

Sixtenebia 4-1/2 Sistenebi (2-1/2 + 2) 4-1/2

Alebia 9 Alebia 7-3/4

Wyfordebia 1-1/2 Wordebia 1-1/2

Goutebi 6 Goutebi 6

Stacthirn 8 Stachetone 8-1/4

_Anschitel's fief_

car car

Scanketon' 2 Scantone 2 Robert de Veci.

Chiburd 12 Chiborne 12 Robert de Veci.

_Edward of Salisbury's fief_

Dalby on the }

Wolds } 9 Dalbi 9 Ralf fitz Hubert.

_William Meschin's fief_

Seustern 5 Seustern 5 William Lovet.

_Henry de Albini's fief_

Scegla 2 Sela 2 Nigel de Albini.

_Gilbert's son's fief_

Sproxcheston 2 Sprotone 2 Godfrey de Cambrai.

_William Chamberlain's fief_

Great Dalby 1 Dalby 1 {Hunfridus Camerarius.

_Thomas's fief_

car car

Thrussington 10-3/4}

Hoby 7-1/4} 18 Thrussington 18 Guy de Raimbercurt.

_Count of Mortain's fief_

Broctone 12 Broctone 12 Rex.

Knipton 8-3/4 Cnipeton 8-3/4 Rex.

Croxton 24 Croxton 24 Rex.

Harestan 12 Horstan 12 Rex.

_Alan de Craon's fief_

Stoneby 8 Stoneby 8 Guy de Craon.

Waltham 2-1/2 Waltham 2-1/2 Guy de Craon.

Sproxton 3 Sproxton 2 Guy de Craon.

_William de Albini's fief_

Cold Overton 12 Cold Overton 12 Dru de Bevrere.

Knipton 3-1/4 Knipton 3-1/4 Robert de Todeni.

Herdebi and

Plungar 17 Herdeby 17 Robert de Todeni.

Stacthirn 8-1/2 Stacthirn 9-3/4 Robert de Todeni.

Bottlesford 32 Bottlesford 24(?) Robert de Todeni.

_Henry Tuchet's fief_

Claxton 10-7/8 Claxton 6 } Robert Hostiarius.

}10-1/2

Howes 4-1/2} Robert Hostiarius

_Richard Basset's fief_

Langton 3-1/4

Chiburd 1

Skeffington 3-1/2 Skeffington 3-1/2 Rex.

Lodington 12 Lodington 12 Robert de Buci.

Sileby 2 Sileby 2-1/4 Rex.

Gaddesby 1/2

Reresby 5 Reresby 1-3/4 Robert de Buci.

Grimstone 3 Grimstone 3 Robert de Buci.

Overton 4 Overton 4 Robert de Buci.

Kettleby and } Holwell 5 }

Holwell } 9 Kettleby 6 } Robert de Buci.

Goatby 6 Goatby 6 Robert de Buci.

Scaldeford Scaldeford 1/2 Robert de Buci.

Wymondham }

and Thorpe } 3-1/2 Wymondham 3-1/2 Robert de Buci.

Hardebi 1 Hertebi 1 Robert de Buci.

The fief of Richard Basset is that of a typical man, of one of those

trusted officials who flourished under Henry I. We know not the fate

of Robert de Buci, a Domesday baron in Leicestershire and Northants;

but as two, at least, of his Leicestershire estates passed, we have

seen, to Mowbray, it was, we may infer, forfeiture or escheat that

brought his fief into the king's hands, and enabled him to divide it

among his own favourites. We learn from the evidence to which I am

coming that the eight carucates in Swinford and Walcote, and the two

in little Ashby which Robert de Buci had held in 1086, were in the

hands of Geoffrey Ridel ninety years later. We may then infer, though

they are not included in the sphere of our survey, that they had been

obtained, like the rest, by Basset _temp._ Hen. I.[56]

The elaborate fine made at Leicester, June 31, 1176,[57] has an

important bearing on the Bassets' Leicestershire possessions. Not only

does it specify the lands they held at Swinford (with Walcote), Ashby,

and Fleckney, but it mentions their fee of Madeley, Staffordshire. Now

the descent of this Staffordshire fee can be traced by charters on the

same roll.[58] One of these (No. 12) is a confirmation, by Robert

de Stafford, of Madeley to Geoffrey Ridel, to be held as his

'antecessores' had held it. This was Geoffrey, son of Richard Basset,

by Maud Ridel, as is shown by the fact that the first witness to the

charter is Hervey de Stretton, who held two knights' fees of Stafford

in 1166,[59] and that another is Robert Bagot, who held a quarter of

a fee,[60] while Geoffrey Ridel himself then held one, namely,

Madeley.[61] But the enrolling scribe confused him with his (maternal)

grandfather and namesake (d. 1120), and thus wrongly assigned this

charter to the reign of Henry I, and threw the whole descent into

utter confusion. The right clue is found in a charter of Robert 'de

Toni' (_i.e._ de Stafford), 'conceding' Madeley to Robert 'de Busa'

(_alias_ 'de Busci'), 'per servitium unius militis'.[62] This fee,

therefore, must have come to the Bassets with the rest of the Buci

estates; and we thus learn that this must have been late in the reign

of Henry I, for the names of the witnesses to this charter prove that

it must be subsequent to 1122.[63]

As Robert de Buci was then in possession, it cannot have been, here at

least, till later that Basset succeeded him.

Among the points to be observed in the descent of the above fiefs are

Edward of Salisbury's succession to that of Ralf fitz Hubert,[64]

the appearance of Henry de Albini, founder of the Cainho line, as

successor to Nigel, and the portions of the great Belvoir fief, held

in Domesday by Robert de Todeni, now owned by Robert de L'Isle and

William de Albini 'Brito'. In the midst of great but vanished names,

it is pleasant to meet with one, at least, still surviving in the male

line: William de Gresley, holder of Linton (a Derbyshire hamlet close

to Gresley), had succeeded, there and at 'Widesers', Nigel, a tenant

of Henry de Ferrers in 1086 (D.B., i. 233_b_).[65] In this 'Nigel',

therefore, it would seem, we have Nigel de Stafford, Lord of Drakelow

(D.B., i. 278).

I will close with the names of those who had succeeded the Domesday

tenants-in-chief.

HEIRS

Count of Meulan Earl of Leicester

Earl Aubrey (Escheat)

'Countess' Godgifu

'Countess' Ælfgifu Earl of Chester (Donnington)

Earl of Chester Earl of Chester

Hugh de Grentmesnil Earl of Leicester

Henry de Ferrers Robert de Ferrers

Robert de Todeni William de Albini

Robert de Veci [Anschitil]

Roger de Busli [Honour of Blyth]

{ Walter de Beauchamp

Robert Dispensator { Robert Marmion

{ Henry Tuchet (10-7/8)

Robertus Hostiarius, (10-1/2)

Ralf Mortimer

Ralf fitz Hubert Edward of Salisbury

Guy de Raimbercurt [Thomas]

Guy de Craon Alan de Craon

William Peverel Honour of Peverel

William Buenvaslet Comes War'?

William Loveth Will. Meschin

Geoffrey Alselin

Geoffrey de 'Wirce' [Escheat]

Godfrey de Cambrai the son of Gilbert

Gunfrid de Cioches

Humfrey Camerarius Willelmus Camerarius

Drogo de Bevrere Albemarle

Nigel de Albini Henry de Albini

'Countess' Judith King David

[Footnote 1: Q.R., Misc. Bdle. 558, I.P.R., 8113; Knight's

Fees, Com. Leic.]

[Footnote 2: See pp. 75-6.]

[Footnote 3: MS. 'in'.]

[Footnote 4: Langton, Thorpe Langton, Tur Langton, Shangton.]

[Footnote 5: Kibworth, Burton Overy, Carlton Curlieu.]

[Footnote 6: Knossington, Owston, Picwell and Leesthorpe,

Newbold, Burrow, Baggrave, Marefield.]

[Footnote 7: Skeffington, Allexton, Thorpe and Twyford, East

Norton.]

[Footnote 8: MS. 'in'.]

[Footnote 9: MS. 'Archid'.]

[Footnote 10: Tilton, Loseby, Whadborough, Halstead.]

[Footnote 11: Interlined.]

[Footnote 12: Beeby, Keyham, Hungerton, [? Sileby].]

[Footnote 13: MS. injured here.]

[Footnote 14: Barkby, Hambleton, Thorpe, Thurmaston, South

Croxton, Barsby, Gaddesby.]

[Footnote 15: Ashby, Humberstone, Belgrave, Thurmaston,

Birstall, Wanlip, Ansty.]

[Footnote 16: Rearsby, Queensborough, Syston, Brooksby,

Rothley, Thurcaston, Cropston.]

[Footnote 17: Great Dalby, Frisby, Rotherby, Asfordby,

Wartnaby.]

[Footnote 18: Dalby on the Wolds, Grimston, Saxelby, Sileby,

Cossington, Hoton.]

[Footnote 19: Thrussington, Ragdale, Hoby.]

[Footnote 20: MS. illegible.]

[Footnote 21: Tong, Kegworth, Worthington.]

[Footnote 22: MS. 'in'.]

[Footnote 23: Loughborough, Charley, Dishley, Garendon,

Thorpe, Hathern.]

[Footnote 24: Belton, [? Coleorton], Worthington, Staunton

Harold, Castle Donington, Whitwick.]

[Footnote 25: Diseworth, Hathern, Linton (Derby), Blackfordby,

Ravenstone, Snibston.]

[Footnote 26: Seal (Nether and Over), Bogthorpe, Appleby,

Stretton on le Field, Donisthorpe, Swepston, Oakthorpe, Ashby,

Pakington, Osgathorpe.]

[Footnote 27: Blank in MS.]

[Footnote 28: Sheepshed, Whatton, Lockington.]

[Footnote 29: Cold Overton, Somerby, Burrow, Dalby, Withcote,

Newbold.]

[Footnote 30: Eastwell, Eaton, Branston.]

[Footnote 31: Melton Mowbray, Burton Lazars, Freeby.]

[Footnote 32: Kirby Bellars, Abkettleby, Sysonby.]

[Footnote 33: Nether Broughton, Thorpe, Brentingby, Wyfordby,

Abkettleby, Holwell.]

[Footnote 34: Scalford, Goadby, Knipton.]

[Footnote 35: MS. 'in'.]

[Footnote 36: Waltham, Stonesby, Coston.]

[Footnote 37: Barkstone, Saltby, [? Bescoby], Garthorpe.]

[Footnote 38: Sproxton, Seustern, Buckminster, Saxby.]

[Footnote 39: Clawson, Hose.]

[Footnote 40: Stapleford, Wymondham, Edmondthorpe.]

[Footnote 41: Harby, Plungar, Stathern.]

[Footnote 42: Bottesford, Muston, Normanton.]

[Footnote 43: Croxton, Harston.]

[Footnote 44: See the valuable list, for Dorset, in Mr Eyton's

_Key to Domesday_, p. 143.]

[Footnote 45: The Lincolnshire 'Hundred'.]

[Footnote 46: Waters' _Survey of Lindsey_, p. 5; _Eng. Hist.

Rev._, v. 100; _supra_, p. 73.]

[Footnote 47: _Supra_, p. 90.]

[Footnote 48: Ed. Hamilton, pp. 113, 116.]

[Footnote 49: _Supra_, p. 101.]

[Footnote 50: _Supra_, p. 127.]

[Footnote 51: Including Hambleton and Hungerton (6) in

Domesday.]

[Footnote 52: By grant of Robert, Count of Meulan.]

[Footnote 53: In Newbold.]

[Footnote 54: In Barnsby.]

[Footnote 55: Given (as 24 virgates) to Leicester Abbey.]

[Footnote 56: See also _supra_, p. 130.]

[Footnote 57: _Infra_, p. 388.] (See T.N. at end)

[Footnote 58: _Sloane Cart._, xxxi. 4.]

[Footnote 59: _Liber Rubeus_, Ed. Hall, p. 266.]

[Footnote 60: _Ibid._, p. 268.]

[Footnote 61: _Ibid._]

[Footnote 62: _Sloane_, xxxi. 4, No. 10.]

[Footnote 63: They are 'Nigellus de Aubeni, Ran[ulfus] Comes

Cestrie, Galfridus Cancellarius, Simon decanus Lincolnie,

Willelmus fil' Reg', Thomas de Sancto Johanne, Willelmus

de Aubeny Brito, Unfridus de Bohun et alii.' The Dean's

occurrence so late is worth noting.]

[Footnote 64: Compare 'The Barons of Criche' (_Academy_, June

1885).]

[Footnote 65: That William was his son is proved by the

Ferrers _Carta_ (1166), which enters 'Willelmus filius

Nigelli' as the tenant of four fees under Henry I, and as

succeeded, in 1166, by his son Robert.]

THE NORTHAMPTONSHIRE SURVEY

(HEN. I-HEN. II)

This 'Hydarium' of Northamptonshire is found in a Peterborough

Cartulary (Cott. MS. Vesp. E. 22, fo. 94 _et seq._). It is drawn up

Hundred by Hundred, like the surveys of Leicestershire and of Lindsey,

and is, therefore, probably connected with the assessment of Danegeld.

Although it is of special value for reconstituting the Domesday Vills,

the assessment it records so often varies from that which is found in

Domesday that we cannot institute a close comparison. The introduction

of a 'parva virgata' further complicates the reckoning. That the

original document was written on a roll is shown by the use of the

phrase 'per alium rotulum'. The statement on fo. 97_b_ that

there ought, at one place, to be half a hide more 'per rotulos

Wyncestr[ie]', would seem to refer to Domesday; but on the next page

we read:

In Pytesle Abbas de Burgo v. hid. [et] dim. set tamen in

Rotulis Wyncestr[ie] vi. hid. et iii. parvas virgatas.

Since Domesday records this holding as 'v. hid. et una virgata terræ',

the reference (if the text of the survey is right) must clearly be to

some other record preserved in the national treasury.

I append about a fifth of the Survey as a specimen of the whole.

HOKESLAWE

Twywell. Albr[icus] camerar[ius] ii. hidas de feudo Abbatis

de Thorneya. Ibidem de feudo Comitis David. Ibidem de feudo

Abbatis Burgi i. magnam virgatam.

In Slipton i. hidam et unam virgatam de feudo Will'i de Corcy.

Ibidem Ricardus filius Hugonis ii. partes unius hidæ de feudo

Burgi. Ibidem Rogerus nepos Abbatis tertiam partem unius hidæ

de eodem feudo.

In Suburc [Sudboro'] ii. hidas [et] dim. de feudo

Westmonaster'.

In Lofwyc [Luffwick] Th----[1] i. hidam et unam virgatam de

feudo de Deneford. Ibidem Radulfus Fleming i. virgatam et

dim. de feudo Comitis David. Ibidem Wydo frater ejus i. magnam

virgatam de feudo de Thorneya.

In Drayton Albr[icus] camerar[ius] dimidiam hidam de feudo

R[egis].

In Yslep [Islip] idem Albri[cus] de feudo Regis. Ibidem

iiii^{or.} sokemanni Regis i. hidam de feudo Westmonaster'.

In Audewyncle [Aldwinkle] Abbas de Burgo iiii. hidas [et]

dimidiam quas Ascelinus de Waterville tenet. Ibidem Galfridus

de Glynton i. magnam virgatam de feudo Glovernie pertinens ad

Barton. Ibidem Ricardus filius Wydonis iii. hidas dim. virg.

minus de feudo Regine [_sic_].

Item in Benifeld [Benefield] Willelmus le Lisurs iii. magnas

virg. de feudo Regis.

In Bernewelle [Barnwell] Robertus de ferariis vi. hidas et i.

magnam virg. de feudo Regis. Ibidem Reginaldus le Moyne vi.

hidas de feudo de Rammeseye.

In Lilleford Willelmus Olyfart v. hidas de feudo Regis Scotie.

NAUEFORD

In Tytheni [? Tichmarsh] Robertus de Ferr[ers] x. hid. Ibidem

Ascelinus de Waterville iii. hid. et i. virg. et tres partes

dim. hid. de Burgo.

In Thrapston Radulfus fil. Oger ii. hid. et i. virg. de feudo

de Brunne. Ibidem Robertus filius Edelinæ i. hid. et i. virg.

de feudo de Clare.

In Torpe et Achirche Ascelinus de Waterville vi. hid. [et]

dim. de feudo Burgi.

In Clopton Walterus i. hid. et i. virg. de feudo Regis. Ibidem

iii. hid. [et] dim. de feudo Burgi. Ibidem Ascelinus dim. hid.

de feudo Burgi.

Wadenhowe [Wadenhoe]. Albricus de Ver ii. hid. et i. virg. de

feudo Regis David. Ibidem Wymunt de Stok[e] i. virg. de feudo

Burgi. Ibidem Rogerus Infans ii. parvas virg. de eodem feudo.

Ibidem Wivienus de Chirchefelde dim. hid. de eodem feudo.

Ibidem Galfridus de Gonthorp ii. hid. de eodem feudo. In

Catteworthe i. hid. [et] dim. de feudo Burgi.

POKEBROC

In Pokebroc Robertus de Cauz i. hid. et. i. virg. de feudo

Regis. Ibidem Walterus de Clopton ii. hid. et dim. de feudo

Burgi. Ibidem Rogerus Marmium i. hid. et i. virg. de eodem

feudo.

In Armeston [Armston] de Burgelay ii. hid. [et] dim. de eodem

feudo. Ibidem Turkil i. hid. de eodem feudo. Ibidem Wydo

Maufee i. hid. de eodem feudo. Ibidem Galfridus de Gunthorp

ii. partes dim. hid. de eodem feudo. Ibidem Tedrik' iii.

partes de dim. hid. de eodem feudo.

In Pappele [Papley] i. hid.

In Lillington [Lutton] i. hid.

In Hennington Berengerus le Moyne ii. hid. [et] dim. de feudo

de Rammes[eye]. Ibidem Ricardus filius Gilberti i. hid. et i.

virg. et dim. de feodo Burgi. Ibidem Wydo Maufe dim. hid. et

dim. virg. de eodem feodo. Ibidem Reginaldus le Moyne dim.

hid. et dim. virg. de eodem feodo.

In Kynesthorp [Kingsthorp] Walterus de Lodington i. hid. et i.

virg. de feodo Burgi. Ibidem Willelmus de Chirchetot dim. hid.

de feodo Regis.

In Therninge [Thurning] Rogerus Marmioun iii. parvas virg. de

feodo Burgi.

In Ayston [Ashton] Abbas de Burgo iiii. hid. in dominico.

Ibidem Papilun dim. hid. de eodem feodo. Ibidem Leuenoth dim.

hid. de eodem feodo.

In Undele [Oundle] Abbas in dominico vi. hid. Ibidem Vivien i.

parvam virg.[2]

DUO HUNDRED DE NASSO

In Stinton Willelmus de Lisurs ii. hid.

In Bernak Fulco paynel iii. hid.[3]

In Wirthorpe Abbas Croylaund ii. hid. Ibidem de feodo Eudonis

Dapiferi i. virg.

In Eston [Easton] Simon i. hid. [et] dim.

In Peychirche [Peakirk]. In Etton. In Northburgo dim. virg.

In dominico Abbatis de Burgo sancti Petri lxx. hid. et iii.

virg. et dim.

HUNDRED DE SUTTON

In eadem villa [King's Sutton] Dominus Rex habit in dominico

iiii. hid.

In eadem villa Willelmus de Quency i. hid. [et] dim. et parvam

virg. terre de Comitat[u] Leycestr[ie]. Ibidem Alfredus viii.

parvas virg. de Gilberto de Pinkeny. Ibidem Paganus i. hid.

et dim. et i. parvam virg. de feodo Comit[is] Leycestri[ie],

Robertus filius Osberti tenuit.

In Evenle i. hid. et i. parvam virg. de feodo Comit[is]

Leyc[estrie].

In Preston dim. hid. de feodo Comit[is] Leyc[estrie].

In Croulton [Croughton] iiii{^or.} parvas virg. de feodo

Comit[is] Leyc[estrie]. Ibidem Sewar' i. hid. et ii. parvas

virg. de feodo Leyc[estrie]. Ibidem Brien filius Comitis i.

hid. [et] dim. et ii. parvas virg. de feodo de Walinford.

In Neubottle Regis [_sic_] de Reynes vi. hid. et i. parvam

virg. de feodo Comitis Leyc[estrie], Willelmus de Lepyn

tenuit.

In furningho [Farningho] iiii. hid. de feodo Comitis

Leyc[estrie].

In Cherlington [Charlton] Maynardus i. hid. [et] dim. et i.

parvam virg. Ibidem Simon Chendut i. hid. [et] dim. de feodo

de Berkamstede et i. parvam virg. Ibidem Odo dapifer viii.

parvas virg. de feodo de Colescestra.

In Gremesbir' [Grimsbury] Aunsel' de Chokes ii. hid. et iiii.

parvas virg. scil. quarta pars ii. hid.

In Middleton Willelmus Me[s]chin i. hid. et dim. et i. parvam

virg. de feodo Willelmi de Curcy.

In alia Middleton [Middleton Chenduit] Simon Chendut ii. hid.

de feodo de Berkamstede.

In Thayniford [Thenford] Mainfenn de Walrentone i. hid. Ibidem

Robertus Basset i. hid. de feodo de Walingford.

In Ayno [Aynho] Willelmus de Mandeville iii. hid.

In Middelton monachi de sancto Eu'ald[4] ii. hid.

In Walton i. hid. cum ii. virg. in Sutton quas Suouild tenuit.

In Gildeby i. hid. et vii. parvas virg. de feodo de Mortal'

[_sic_].

HUNDRED DE ALBODESTOWE

In Chacombe iiii. hid. de feodo Episc. Lincoln.

In Evenle ii. hid. et [_sic_] i. parvam virg. minus quas Alouf

de Merke tenuit.

In Thorpe [Thorpe-Mandeville] ii. hid.

In Stanes [Stene] Gilbertus de Pinkeny ii. hid.

In Colewyth [Culworth] Willelmus ii. hid. et iiii. parvas

virg. Ibidem Otuer i. hid.

In Stotebyr[e] [Stotesbery] ii. hid. quas monachi Norht'[5]

tenent.

In Rodestone [Radston] ii. hid. de feodo Comitis Cestr[ie].

In Wytefeld [Whitfield] Gilbertus de Monte ii. hid. et ii.

virg. in dominico.

In Merston [Merston St Lawrence] Radulfus Murdac iiii. hid. de

feodo Comitis Leyc[estrie].

In Siresham Thomas Sorel i. hid. [et] dim. Ibidem Comes

Leyc[estrie] i. parvam virg. Ibidem Gilo dim. hid. Ibidem

Willelmus filius Alui' [? Alan] iiii. parvas virg.

In Helmendene [Helmedon] Willelmus de Torewelle iiii. hid. de

feodo Comitis Leyc[estrie].

In Chelverdescote dim. hid. Idem. Comes Leyc[estrie].

In Brackle et Hausho [Hawes] idem Comes vii. hid. [et] dim.

HUNDRED DE WARDON

In Wardon Ricardus foliot[6] ii. hid. [et] dim. et i. magnam

virg., scilicet quarta pars i. militis de feodo Regis in

capite.

In Estone [Aston] et Apeltreya [Apeltre] Willelmus de Bolonia

vii. hid. de feodo Comitis de Mandeville.

In Bottolendon [Boddington] Fulco Paynel[7] ii. hid. una ex

illis de feodo Cestr[ie]. Ibidem Willelmus Meschin i. hid.

Ibidem i. hid. de feodo Episcopi Lincoln.

The only writer, it would seem, who has used this important survey is

Bridges, who refers to it throughout in his _Northamptonshire_ as of

the time of 'Henry II'. A good instance of the confusion caused by

this assumption is seen in the remarks of Bridges as to Barnack (ii.

491), where he is puzzled by our record, giving as its lord, not

Gervase Paynell, but Fulc Paynell (who was really his grandfather).

To refute his conclusion, it is sufficient to refer to the first name

entered--that of 'Albricus Camerarius'. This was no other than Aubrey

de Vere, a trusted minister of Henry I, who was made by him

Great Chamberlain in 1133, and who was slain in May 1141.[8] His

Northamptonshire estate descended to his younger son, Robert, who,

as 'Robertus filius Albrici Camerarii', made his return as a

Northamptonshire 'baron' in 1166.[9] There can, therefore, be no

confusion between Aubrey the Chamberlain (d. 1141) and his eldest son

and namesake. Yet if, from the occurrence of his name, we pronounced

the date of this survey to be 1133-41, we should be in error. There

are names belonging to an earlier, as to a later, date than this.

Among the earliest are 'Ricardus filius Wydonis', the son and

successor of Guy de Raimbercurt, a great Domesday tenant-in-chief;

Walter fitz Winemar, whose father was both a tenant _in capite_ and

under-tenant in Domesday; and Ralf fitz Oger, whose name illustrates

the value of these early surveys; for the entry proves that Oger, the

Northamptonshire tenant-in-chief (D.B., i. 228), was identical with

Oger 'Brito', the Lord of Bourne, Linc. (i. 364_b_), and that the son

and successor of this Oger was Ralf. We also recognize Roger Marmion,

who was succeeded, under Henry I, by Robert; Nigel de Albini, the

founder of the house of Mowbray; Michael de Hanslape, who died under

Henry I; and 'Robertus filius Regis', who became Earl of Gloucester

_circ._ 1122. Other tenants, living _temp._ Hen. I, are William

de Mandeville,[10] William Meschin, Richard Basset, Viel (Vitalis)

Engaine, Baldwin fitz Gilbert, and Brian fitz Count. As for Ascelin

de Waterville and Alouf de Merke, they are found as under-tenants in

Domesday itself. On the other hand, such a name as 'Comes Warenn de

Morteyn' points to the latter years of Stephen's reign, or to the

early days of that of Henry II; while the mention of the earldoms of

Arundel, Ferrers (Derby) and Essex preclude, of course, an earlier

date than 1140.

After careful examination, I propound the solution that this survey

was originally made under Henry I, and was subsequently corrected here

and there, to bring the entries up to date, down to the days of Henry

II. The late transcriber, to whom we owe the survey in its present

form, has incorporated these additions and corrections in a single

text with the most bewildering result. We trace exactly the same

process in the Red Book of the Exchequer. In the Black Book the

later additions that were made to the barons' _cartae_ of 1166 are

distinguished by the difference in handwriting. But in the Red Book

these interpolations are found transcribed in the same hand as the

genuine original returns. To the uninitiated this has been the cause

of no small confusion. So, too, in the above list of Peterborough

knights (p. 157), the very first entry, made _temp._ Hen. I, has

been carried on by a later hand to the time of Henry III. But there

Stapleton, who transcribed the list, carefully discriminated between

the two.[11] It is probable that the lists of Abingdon knights,

published in the Abingdon cartulary, are rendered untrustworthy in

places from the same cause of error.

The transcriber's ignorance is clearly shown by such a name as 'Comes

Mauricius', which is evidently his erroneous extension of an original

'Comes Maur'', _i.e._ Count of Mortain! So also we are enabled to

detect proof of the theory I advance in such an entry as 'Willelmus

Meschin de feodo Wellelmi de Curcy'; for William de Curcy held,

_temp._ Henry II, the barony held by William Meschin (his maternal

grandfather, according to Stapleton[12]) _temp._ Henry I. Thus, the

original entry will have run 'William Meschin', while a later hand,

in his grandson's days, will have added, by way of substitution, 'De

feodo William de Curcy'.[13] Our transcriber, combining the two, has,

of course, made nonsense of the whole. The same explanation applies to

the entry, 'Robertus filius Regis de feodo Glovernie', where the first

three words represent the original entry, while the others were added,

probably under Henry II, to connect the holding with the fief of [the

Earl of] Gloucester. 'Brien filius Comitis de feodo de Wallin[g]ford'

is another instance in point, and so, I suspect, is 'Odo [_sic_]

dapifer de feodo de Colcestra'; for I take it that the entry was

originally made in the lifetime of Eudo Dapifer (d. 1120) and that, as

his 'honour' passed into the King's hands, the 'de feodo de Colcestra'

was added at a later time.[14]

I have given sufficient of the survey to prove that, in spite of

confusion and corruption, it possesses a real value. If we take, for

instance, Polebrook ('Pochebroc'), a township of five hides, we find

that in Domesday (221_b_, 228) Eustace ('the Sheriff') held a hide and

a quarter _in capite_ and three hides and three quarters as a tenant

of Peterborough Abbey (see p. 138). Now our survey shows us the former

holding in the hands of Robert de Cauz, while the other has been

broken up, two-thirds of it passing to Walter 'de Clopton' and

one-third to Roger Marmion.

Just below, in the case of Hemington, also a Vill of five hides, which

was equally divided between the Abbeys of Peterborough and Ramsey,

we read in Domesday that 'iii. milites' held the Peterborough

half (221_b_). Our survey enables us to distinguish their

tenancies--Richard fitz Gilbert holding a hide and three-eighths; Guy

Maufe, five-eighths of a hide, and Reginald le Moyne the same.[15] But

we can go further and identify the first, from his holding, as the son

of Gilbert Fauvel, the Domesday tenant (see p. 138); while the second

was the heir, and probably the son of Roger Malfed (see p. 132).

One more instance may be given. Our survey reckons Clapton

('Cloptone') as five and a quarter hides, of which 'Walter' held one

and a quarter _in capite_. Here again he had succeeded Eustace, whose

Domesday estate at 'Dotone' (228) ought, as Bridges conjectured, to

have been entered 'Clotone'.[16] On the other hand, his tenancy of the

Abbot at 'Clotone' had been broken up, half a hide of it passing to

Ascelin de Waterville. All this goes to show that the fief of Eustace

the Sheriff did not, as has been alleged, descend to his heirs.

Such an entry as 'In Lilleford, Willelmus Olyfart v. hidas de feudo

Regis Scotiæ' is peculiarly suggestive. It reminds us that David

Holyfard, godson of King David of Scotland, and his protector in

1141, was the founder of the house of Oliphant; and in the family's

possession of Lilford (which was held of the Countess Judith in 1086)

we see the origin of their Scottish connection. William 'Olifard'

was of Northamptonshire, and Hugh 'Olifard' of Huntingdonshire in

1130;[17] while Hugh 'Olifart' (of Stoke) was a knight of the Abbot of

Peterborough in rather earlier days. The earliest member of the house,

however, it would seem, on record is Roger Olifard, who witnessed

(doubtless as his tenant) Earl Simon's charter to St. Andrew's,

Northampton, granted, probably, not later than 1108. This, of course,

is but one of the cases in which the son of a Norman house settled in

Scotland through its King's connection with the earldoms of Huntingdon

and Northampton.

At the close of the survey I have here discussed there is a list

of the knights of Peterborough (fos. 99_b_, 100) holding in

Northamptonshire. It ought to be carefully compared with the one

I have examined above (p. 131), being, it seems probable, about a

generation later. Such entries as these, at least, are conclusive for

the holding to which they refer:

Paganus de Helpestun terciam Roger fil[ius] Pagan[i] in

partem unius militis Helpestun terciam partem i.

(_Chronicon Petroburgense_, militis (Vesp. E. xxii.,

p. 171). fo. 100).

In the same way, Roger Marmion had been succeeded by Robert. This

second list is of special value from the fact that the Peterborough

_carta_ of 1166 gives no particulars of the knights or of their fees.

[Footnote 1: Or Sh----.]

[Footnote 2: See _Chronicon Petroburgense_, p. 158.]

[Footnote 3: See Bridges' _Northamptonshire_, ii. 491.]

[Footnote 4: St. Evroul, Grantmesnil's in Domesday.]

[Footnote 5: St Andrew's Priory, Northampton.]

[Footnote 6: The heir of Guy de Raimbercurt.]

[Footnote 7: Clearly Fulk Paynel the first, Founder of Tykford

Priory.]

[Footnote 8: _Geoffrey de Mandeville_, p. 81.]

[Footnote 9: See also as to Twywell itself. _Mon. Ang._, ii.

603:

'Ego Albericus, regis camerarius terram de Twiwell quamdiu vixero

de domino abbate Guntero et monachis de Thorneya per talem

conventionem teneo adfirmam.'

'Ego Robertus filius Albrici camerarii regis terram de Twiwelle

quamdiu vixero de domino abbate Roberto et monachis de Thorneia

per eandem conventionem in feodi firmam teneo per quam

conventionem pater meus ante me tenuit.'

The Great Chamberlain occurs again on fo. 97_b_, where we

read:

'In alia Adington Albric[us] Camerar[ius], ii. hid. de feodo

Regis.']

[Footnote 10: If, as probable, the son of the Domesday Baron.]

[Footnote 11: _Chronicon Petroburgense_, pp. 168-9.]

[Footnote 12: _Holy Trinity Priory, York_, p. 35.]

[Footnote 13: Since this was written I have come across

a curious confirmation of the hypothesis advanced. In the

Lindsey Survey (Ed. Greenstreet), an entry on fo. 20, in the

original ran: 'Comes Odo [tenet] in Aldobi', above which a

later hand has interlined, 'De feodo Comitis Albemerle'. It

is curious that in the same survey another later

interlineation--'Comes Lincoln'--was, though distinguished by

Hearne, incorporated with the text by Mr Waters (see p. 151).]

[Footnote 14: Eudo was identified with Colchester.]

[Footnote 15: Giving a total of 2-5/8, instead of 2-1/2--a

trivial discrepancy.]

[Footnote 16: It is singular that in Sussex the 'Cloninctune'

of Domesday is, conversely, an error for 'Doninctune'. The

source of the error in both cases must have been the likeness

of 'cl' to 'd' in the original returns, on which these names

cannot have begun with a capital letter.]

[Footnote 17: _Rot. Pip._, 31 Hen. I.]

THE INTRODUCTION OF KNIGHT SERVICE INTO ENGLAND[1]

'The growth of knighthood is a subject on which the greatest

obscurity prevails; and the most probable explanation of its

existence in England, the theory that it is a translation into

Norman forms of the thegnage of the Anglo-Saxon law, can only

be stated as probable.'--STUBBS, _Const. Hist._, i. 260.

In approaching the consideration of the institutional changes and

modifications of polity resulting from the Norman Conquest, the

most conspicuous phenomenon to attract attention is undoubtedly the

introduction of what it is convenient to term the feudal system.

In the present paper I propose to discuss one branch only of that

process, namely, the introduction of that military tenure which

Dr Stubbs has termed 'the most prominent feature of historical

feudalism'.

In accordance with the anticataclysmic tendencies of modern thought,

the most recent students of this obscure problem have agreed to adopt

the theory of gradual development and growth. The old views on

the subject are discredited as crude and unhistorical:[2] they are

replaced by confident enunciation of the theory to which I have

referred.[3] But when we examine the matter closely, when we ask for

details of the process by which the Anglo-Saxon thegn developed into

the Norman knight, we are met at once by the frank confession that

'between the picture drawn in Domesday and the state of affairs which

the charter of Henry I was designed to remedy, there is a difference

which the short interval of time will not account for'.[4] To meet

this difficulty, to account for this flaw in the unbroken continuity

of the series, a _Deus ex machinâ_ has been found in the person of

Ranulf Flambard.

Now this solution of the difficulty will scarcely, I venture to think,

bear the test of investigation. It appears to have originated in Dr

Stubbs' suggestion that there must have been, between the days of

Henry I and of William I, 'some skilful organizing hand working with

neither justice nor mercy'[5]--a suggestion subsequently amplified

into the statement that it is to Ranulf Flambard 'without doubt that

the systematic organization of the exactions' under William Rufus

'is to be attributed',[6] and that by him 'the royal claims were

unrelentingly pressed', his policy being 'to tighten as much as

possible the hold which the feudal law gave to the king on all

feudatories temporal and spiritual'.[7] There is nothing here that can

be called in question, but there is also nothing, be it observed, to

prove that either 'feudal law' or 'military tenure' was introduced by

Ranulf Flambard. Indeed, with his usual caution and unfailing sound

judgment, our great historian is careful to admit that 'it is not

quite so clear' in the case of the lay as of the church fiefs 'that

all the evil customs owed their origin to the reign of William

Rufus'.[8] And, even if they did, they were, it must be remembered,

distinctly abuses--'evil customs', as Henry I himself terms them in

his charter--namely (in the matter we are considering), '_excessive_

exactions in the way of reliefs, marriages and wardships, debts to

the crown, and forfeiture. In the place,' we are told, 'of _unlimited_

demands on these heads, the charter promises, not indeed fixed

amercements, but a return to ancient equitable custom'.[9] All this

refers, it will be seen, to the abuse of an existing institution,

not to the introduction of a new one. The fact is that Ranulf's

proceedings have been assigned a quite exceptional and undue

importance. Broadly speaking, his actions fall under a law too often

lost sight of, namely, that when the crown was strong it pressed,

through the official bureaucracy, its claims to the uttermost;

and when it found itself weak, it renounced them so far as it was

compelled. Take, for instance, this very charter issued by Henry I,

when he was 'playing to the gallery', and seeking general support:

what was the value of its promises? They were broken, says Mr Freeman,

to the Church;[10] they were probably broken, says Dr Stubbs, to

the knights;[11] and they were certainly broken, I may add, to the

unfortunate tenants-in-chief, whom the Pipe-Roll of 1130 shows us

suffering from those same excessive exactions, of which the monopoly

is assigned to Ranulf Flambard, and which 'the Lion of Justice' had so

virtuously renounced. I might similarly adduce the exactions from the

Church by that excellent king, Henry II (1159), 'contra antiquum morem

et debitam libertatem'; but it is needless to multiply examples of

the struggle between the interests of the crown and those of its

tenants-in-chief, which was as fierce as ever when, in later days, it

led to the provisions of the Great Charter. What the barons, lay and

spiritual, complained of from first to last, was not the feudal system

that accompanied their military tenure, but the abuse of that system

in the excessive demands of the crown.

Mr Freeman, however, who had an equal horror of Ranulf Flambard and of

the 'feudal system', did not hesitate to connect the two more closely

even than Dr Stubbs, though invoking the authority of the latter in

support of his extreme views. The passages to which I would invite

attention, as expressing most concisely Mr Freeman's conclusions, are

these:

The system of military tenures, and the oppressive

consequences which were held to flow from them, were a work of

the days of William Rufus.

If then there was any time when 'the Feudal System' could be

said to be introduced into England, it was assuredly not in

the days of William the Conqueror, but in the days of William

the Red. It would be more accurate to say that all that we

are really concerned with, that is, not an imaginary 'Feudal

System', but a system of feudal land-tenures, was not

introduced into England at all, but was devised on English

ground by the malignant genius of the minister of Rufus.[12]

As the writer's line of argument is avowedly that of Dr Stubbs, it is

only necessary to consider the point of difference between them. Where

his predecessor saw in Henry's charter the proof that Ranulf Flambard

had abused the existing feudal system by 'excessive' and 'unlimited'

demands, Mr Freeman held, and endeavoured to convince us, that he

had introduced not merely abuses of the system, but the actual system

itself.[13] The question virtually turns on the first clause of the

charter;[14] and it will not, I think, be doubted that Dr Stubbs

is right in adopting its natural meaning, namely, that the novelty

introduced by Ranulf was not the _relevatio_ itself, but its abuse in

'excessive exactions'. Indeed, even Mr Freeman had virtually to admit

the point.[15] If, then, the argument breaks down, if Ranulf cannot be

shown to have 'devised' military tenure, how are we to bridge over the

alleged chasm between the date of Domesday (1086) and that of Henry's

charter (1100)? The answer is simply that the difficulty is created

by the very theory I am discussing: it is based on the assumption that

William I did not introduce military tenure,[16] combined with the

fact that 'within thirteen years after the Conqueror's death, not only

the military tenures, but the worst abuses of the military tenures,

were in full force in England'.[17] But, here again, when we examine

the evidence, we find that this assumption is based on the silence,

or alleged silence, of Domesday Book.[18] Now no one was better aware

than Mr Freeman, as an ardent student of 'the great Record', that to

argue from the silence of Domesday is an error as dangerous as it is

common. Speaking from a rather wide acquaintance with topographical

works, I know of no pitfall into which the local antiquary is more

liable to fall. Wonderful are the things that people look for in the

pages of the great survey; I am always reminded of Mr Secretary Pepys'

writing for information as to what it contained 'concerning the sea

and the dominion thereof'.[19] Like other inquests, the Domesday

Survey--'the great inquest of all', as Dr Stubbs terms it--was

intended for a special purpose; special questions were asked, and

these questions were answered in the returns. So with the 'Inquest of

Sheriffs' in 1170; so also with the Inquest of Knights, if I may so

term it, in 1166. In each case the questions asked are, practically,

known to us, and in each they are entirely different. Therefore, when

Mr Freeman writes:

The survey nowhere employs the feudal language which became

familiar in the twelfth century. Compare, for instance,

the records in the first volume of Hearn's _Liber Niger

Scaccarii_. In this last we find something about knights' fees

in every page. In Domesday there is not a word--[20]

it is in no spirit of captious criticism, but from the necessity of

demolishing the argument, that I liken it to basing conclusions on the

fact that in the census returns we find something about population

in every page, while in the returns of owners of land there is not a

word. As the inquest of 1166 sought solely for information on knights

and their fees, the returns to it naturally contain 'something about

knights' fees in every page'; on the other hand, 'the payment or

nonpayment of the _geld_ is a matter which appears in every page of

the survey' [of 1086] because 'the formal immediate cause of taking

the survey was to secure its full and fair assessment'.[21] Nor is

this all. When the writer asserts that 'in Domesday there is not a

word' about knights' fees, he greatly overstates his case, as indeed

is shown by the passages he proceeds to quote. I shall be able to

prove, further on, that knights' fees existed in cases where Domesday

does not mention them, but even the incidental notices found in the

Great Survey are quite sufficient to disprove its alleged silence on

the subject. As Mr Freeman has well observed:

Its most incidental notices are sometimes the most precious.

We have seen that it is to an incidental, an almost accidental

notice in the Survey that we owe our knowledge of the great

fact of the general redemption of lands.[22]

Here then the writer does not hesitate to base on a single accidental

notice the existence of an event quite as widespread and important as

the introduction of knight service.[23]

I have now endeavoured to make plain one of the chief flaws in the

view at present accepted, namely, that it is mainly grounded on

the negative evidence of Domesday, which evidence will not bear the

construction that has been placed upon it--and further that, even if

it did, we should be landed in a fresh difficulty, the gulf between

Domesday and Henry's charter being only to be bridged by the

assumption that Ranulf Flambard 'devised' and introduced military

tenure, with its results--an assumption, we have seen, which the facts

of the case not only fail to support, but even discountenance wholly.

Let us pass to a second difficulty. When we ask the advocates of the

view I am discussing what determined the number of knights due to

the crown from a tenant-in-chief, we obtain, I venture to assert, no

definite answer. At times we are told that it was the number of his

hides; at times that it was the value of his estate. Gneist, who has

discussed the matter in detail, and on several occasions, has held

throughout, broadly speaking, the same view: he maintains that 'since

Alfred's time the general rule had been observed that a fully equipped

man should be furnished for every five _hidæ_, but it had never been

established as a rule of law as in the Carlovingian legislation':[24]

consequently, he urges, 'a fixed standard for the apportionment of the

soldiery was wanting' at the time of the Conquest, and this want was

a serious flaw in the Anglo-Saxon polity. William resolved to make the

system uniform, and

the object that the royal administration now pursued for

a century was to impose upon the whole mass of old and new

possessors an equal obligation to do service for reward. The

standard adopted in carrying out this system was approximately

that of the five hides possession of the Anglo-Saxon period;

yet with a stricter rating according to the value of the

produce.[25]

The difficulty encountered in ascertaining this value was a main cause

of the Domesday Survey being undertaken. This is Gneist's special

point on which he invariably insists: 'Domesday book laid the basis

of a roll of the crown vassals';[26] upon it, 'in later times, the

fee-rolls were framed'.[27] By its evidence, 'according to the extent

and the nature of the productive property, could be computed how

many shields were to be furnished by each estate, according to the

gradually fixed proportion of a £20 ground rent'.[28] For 'the _feuda

militum_ thus computed are no knights' fees of a limited area',[29]

but 'units of possession', the unit being £20 in annual value.

Dr Stubbs, on the other hand, while rejecting the view that military

service, since the days of Alfred, had been practically fixed at one

warrior for every five hides,[30] leans nevertheless to the belief

that the knight's fee was developed out of the five-hide unit, and

that the military 'service' of a tenant-in-chief was determined by the

number of such units which he possessed. But, as he also recognizes

the £20 unit, there will be less danger of misrepresenting his views

if I append _verbatim_ the relevant passages:

The customary service of one The value of the knight's fee

fully armed man for each five hides must already have been fixed

was probably the rate at which the --twenty pounds a year.[32]

newly endowed follower of the king

would be expected to discharge his

duty ... and the number of knights

to be furnished by a particular

feudatory would be ascertained by

inquiring the number of hides that

he held.[31]

The number of hides which the It cannot even be granted that

knight's fee contained being known, a definite area of land was

the number of knights' fees in any necessary to constitute a

particular holding could be easily knight's fee; ... It is

discovered.[33] impossible to avoid the

conclusion that the extent of a

All the imposts of the ... Norman knight's fee was determined by

reigns, were, so far as we know, rent and valuation rather than

raised on the land, and according acreage, and that the common

to computation by the hide: ... the quantity was really expressed

feudal exactions by way of aid ... in the twenty librates, etc.

were levied on the hide.[34] [35]

The variation in the number of

hides contained in the knight's

fee.[36]

Mr Freeman's views need not detain us, for he unhesitatingly accepts

Dr Stubbs' arguments as proving that the Norman military tenure was

based on 'the old service of a man from each five hides of land'.[37]

We find then, I submit, that the recognized leaders of existing

opinion on the subject cannot agree among themselves in giving us a

clear answer, when we ask them what determined the amount of 'service'

due from a Norman tenant-in-chief, or, in other words, how that

'service' was developed in unbroken continuity from Anglo-Saxon

obligations.

The third point that I would raise is this. Even assuming that the

amount of 'service' bore a fixed proportion--whether in pecuniary or

territorial units--to the extent of possession, we are, surely, at

once confronted by the difficulty that the owner of _x_ units of

possession would be compelled, for the discharge of his military

obligations, to enfeoff _x_ knights, assigning a 'unit' to each. A

tenant-in-chief, to take a concrete instance, whose fief was worth

£100 a year, would have to provide _ex hypothesi_ five knights; if, as

was quite usual, he enfeoffed the full number, he would have to assign

to each knight twenty librates of land (which I may at once, though

anticipating, admit was the normal value of a knight's fee), that

is to say, the crown would have forestalled Henry George, and the

luckless _baro_ would see the entire value of his estate swallowed up

in the discharge of its obligations.[38] What his position would be

in cases where, as often, he enfeoffed more knights than he required,

arithmetic is unable to determine. I cannot understand how this

obvious difficulty has been so strangely overlooked.

The fourth and last criticism which I propose to offer on the subject

is this. If we find that under Henry II--when we meet with definite

information--a fief contained, as we might expect, more 'units of

possession' than it was bound to furnish knights (thus leaving a

balance over for the _baro_ after sub-infeudation), we must draw one

of two conclusions: either this excess had existed from the first; or,

if the fief (as we are asked to believe) was originally assessed up to

the hilt for military service, that assessment must, in the interval,

have been reduced. In other words, Henry I--if, as Dr Stubbs in one

place suggests,[39] he was the first to take a 'regular account of the

knights' fees'--must have found the land with a settled liability of

providing one knight for every five hides, and must, yet, have reduced

that liability of his own accord, on the most sweeping scale, thus,

contrary to all his principles, ultroneously deprived himself of the

'service' he was entitled to claim.

Having completed my criticisms of the accepted view, and set forth its

chief difficulties, I shall now propound the theory to which my own

researches have led me, following the same method of proof as that

adopted by Mr Seebohm in his _English Village Community_, namely

working back from the known to the relatively unknown, till the light

thrown upwards by the records of the twelfth century illumines

the language of Domesday and renders the allusions of monks and

chroniclers pregnant with meaning.

1. THE 'CARTAE' OF 1166

In the formal returns (_cartae_) made to the exchequer in 1166 by

the tenants-in-chief (_barones_) of England, of which the official

transcripts are preserved in the _Liber Niger_ and the _Liber Rubeus_,

we have our earliest glimpse of the organization of that purely feudal

host among whom our lands had been parcelled out to be held, as I

shall show, by military service. We have, therefore, in them our best

starting-point for an inquiry into the origin and growth of military

tenure in England.

It may be well perhaps, at the very outset, to contrast these _cartae_

of 1166 with those of the Domesday Inquest eighty years before.[40]

For the essentially feudal character of the former is at once, by the

comparison, thrown into relief. The original returns of the Domesday

Inquest were made Hundred by Hundred; those of 1166 were made fief

by fief. The former were made by the jurors of the Hundred-court; the

latter by the lord of the fief. Thus, while the one took for its

unit the oldest and most familiar of native organizations, the other,

ignoring not only the Hundred, but even the shire itself, took for its

unit the alien organization of the fief.[41] The one inquest strictly

continued, the other wholly repudiated, the Anglo-Saxon system.

It is consequently worse than lost labour to examine these two

inquests, based as they are on opposite systems, and giving us as they

do a cross-division as if they were but successive editions of the

national register or rate-book.

The first point to be considered is this: What was the information

which the tenants-in-chief were called upon to supply in these

returns? It was _not_, as Dr Stubbs and others have supposed,

the amount of 'service' due from each fief to the crown.[42] The

information asked for was _the number of 'milites' actually enfeoffed_

by each 'baron' and his predecessors in title, with the number

of 'servitia' due from each such 'miles' to the 'baron'. In this

distinction, missed by Dr Stubbs, we find the key to the problem. The

crown, we shall see, must previously have known the total amount of

'service' due from each fief; but what it did not know, and what it

wished to know, was the number of knights' fees which, up to 1166, had

been created on each fief.

Although there is great diversity in the form of return adopted--a

diversity which imparts to the _cartae_ a pleasant flavour of

character--it may fairly be assumed that, as in similar cases, they

were called for throughout the realm by one uniform writ. If we may

deduce the purport of that writ from the collation of those returns

which refer to it most explicitly, we must infer that the information

asked for was to be given under four heads:

(1) How many knights had been enfeoffed before the death of

Henry I?

(2) How many have been enfeoffed since?

(3) How many (if any) remain to be enfeoffed to complete the

'service' due from the fief. Or, in other words, what is

the balance of your 'service' remaining chargeable to your

'demesne'?

(4) What are the names of your knights?

In support of these statements I append the whole of the relevant

returns.

BISHOP OF EXETER ARCHBISHOP OF YORK BISHOP OF DURHAM

Praecepistis mihi Praecipit dignitas Praecepit nobis,

quod mandarem vobis vestra omnibus domine, vestra

per breve meum fidelibus vestris sublimitas, quod

sigillatum et apertum, clericis et laicis, literis nostris

non quot servitia qui de vobis sigillatis, extra

militum vobis debeam, tenent de capite sigillum

sed (1) quot habeam in Eboracsira, ut pendentibus, vobis

milites feffatos de mandent vobis per mandaremus (1) quot

tempore Regis Henrici literas suas, extra milites feffatos

avi vestri, et (2) sigillum pendentes haberemus de veteri

quot post mortem (1) quot milites feffamento et

ipsius, et (3) quot quisquis habeat de (2) de novo,

sint super dominium veteri feffamento scilicet, anno et

meum.[43] de tempore Regis die quo Rex Henricus

Henrici avi vestri, fuit vivus et

scilicet de die et mortuus et de [_sic_]

anno quo ipse fuit post mortem ejus ...

vivus et mortuus, (3) super dominium

et (2) quot habeat vero nostrum, de quo

de novo feodamento similiter mandare

feffatos post mortem præcepistis, etc.

bonae memoriae avi (pp. 416, 418).

vestri ejusdem, et

(3) quot feoda

militum sint super

dominium

uniuscujusque, et

(4) omnium illorum

nomina, tam de novo

feffamento quam de

veteri feffatorum

quae sint in illo

brevi scripta, quia

vultis quod si

aliqui ibi sunt qui

vobis nondum

fecerunt ligantiam,

et quorum nomina

non sunt scripta in

rotulo vestro, quod

infra dominicam

primam xl^{ae}

ligantiam vobis

faciant (p. 412).

HERBERT DE ENGELARD DE ROBERT DE

CASTELLO STRATTONE BRINTONE

Michi et comparibus Michi et ceteris Michi et aliis

meis mandastis ut comparibus meis comparibus meis per

vobis per breve qui de vobis litteras vestras

nostrum pendens tenemus in capite innotuistis ut per

extra sigillum, per litteras fidem et ligantiam

mandaremus (1) quot vestras mandastis quam vobis debemus

milites antiquitus ut vobis per breve per breve nostrum

feodatos de tempore nostrum pendens pendens extra

Regis Henrici avi extra sigillum sigillum mandaremus

vestri habeamus et mandaremus (1) quot milites

(2) quot de novo (1) quot milites haberemus de veteri

feodamento.... Et habeamus de veteri feodamento de tempore

hii omnes ligantiam feodamento de Henrici Regis avi

et homagium vobis tempore Henrici vestri, et (2) quot

fecerunt (pp. 275-6). Regis avi vestri, milites haberemus de

et (2) quot novo feodamento post

habeamus de novo tempus Regis Henrici

feodamento (p. 276). avi vestri, et (3)

quot milites habeamus

super dominium

nostrum....

Et vobis quidem et

filio vestro

ligantiam et

homagium fecerunt

(p. 277).[44]

Let me here break off for a moment to consider one of the most

important points suggested by this great inquest, namely, the issue of

the writs under which it was held. It has been generally assumed that

each tenant received his writ direct from the crown; and a casual

reading of the _cartae_ might, perhaps, favour such a view. I have,

however, been led to the conclusion that a general writ was issued to

the sheriff of each county, and that its terms were communicated by

him to the several tenants-in-chief, whose _capita baroniæ_ lay within

his jurisdiction.

Baderun of Monmouth has heard the writ read out in the county

court;[45] Earl Patrick also has heard the writ read out.[46] William

fitz Siward derives from the sheriff, he tells us, his knowledge of

the writ:[47] even the bishop of Chester has received his instructions

from the sheriff.[48] But more especially do I rely upon the return

of the Archbishop of York because he recites the tenor of the writ

in terms which can leave no doubt that it was addressed, through the

sheriff, to the whole shire collectively.[49] If the Archbishop of

York did not receive a special writ, we may fairly infer that no other

tenant can have done so.

Further, I believe that as the 'barons' received their instructions

from the sheriffs, so they also sent in their returns through those

officers. The memorandum, for instance, on the missing _carta_ of

Osbert fitz Hugh informs us that it was brought to the exchequer by

William de Beauchamp. Now, William de Beauchamp was sheriff of

the shire. This would account for the grouping of the returns 'per

singulos comitatus', as Swereford expresses it, and indeed this

arrangement would but follow the existing practice of collecting the

scutage shire by shire.

Returning now to the terms of the inquiry, it is obvious that the

tenant (_baro_) to whom such queries were addressed must of necessity

have belonged to one of these three classes--

(_a_) Those who had created _the exact number_ of knights'

fees sufficient to discharge their 'service'.

(_b_) Those who had created _more_ than sufficient.

(_c_) Those who had created _less_ than sufficient.

This last class requires some explanation. When the number of knights'

fees created was not sufficient to discharge the baron's 'service',

the balance of that service remained charged on the non-infeudated

portion of his fief, that is, on the 'demesne', and was technically

said to be 'super dominium'. It is all-important that this should

be grasped, for it might otherwise be supposed that such a phrase as

'quot milites super dominium' implied the existence of actual knights

enfeoffed on the demesne, which, to those who realize the working of

the system of knight-service, is an absolute contradiction in terms.

This, it will be found, beautifully explains the first article of the

Assize of Arms (1181)--that every tenant is to keep in stock harness

for as many knights 'quot habuerit feoda militum in dominio suo'.[50]

That is to say, that if, after deducting the knights actually

enfeoffed, there remained due from his fief a balance of

knight-service, he must keep in readiness harness sufficient for

those knights whom he would have to provide himself to discharge that

balance.[51]

Having made this point clear, I now pass to the immediate object

of the inquest of 1166. What that object was, no one has as yet

discovered. Dr Stubbs, for instance, in his preface to the Pipe-Roll

of 1166, writes: 'On the immediate purpose for which the inquiry was

made--and it can scarcely be doubted that it was for the collection of

a scutage--we shall look for further information in the rolls of the

succeeding years.' My own researches enable me to assert that this

inquest formed part of a financial revolution hitherto ignored, which

deserves to be compared with those other innovations in administration

and finance that characterized the latter half of the twelfth century

in England.

When we come to place side by side the returns of 1166 and the

payments made upon those returns in 1168, we find (at least, on the

lay fiefs) the same distinction in both between 'the old feoffment'

and 'the new'. But while the _returns_, as we saw, were made under

three heads,[52] the _payments_ were made under two, namely, under

the two feoffments. The reason of this difference can be established

beyond dispute: the exchequer clerks had, in every instance, added the

returns under the _third_ head to those under the _first_, and classed

them together as 'old feoffment'. This is one of the points which, I

think, have never been hitherto explained.

Plenty of examples might be given, but these two will suffice. Walter

de Aincurt returns 24 fees _de veteri_, 5 _de novo_, and 11 _super

dominium_. The exchequer, in 1168, records him as paying on 35 fees

_de veteri_, and on 5 _de novo_.[53] Richard de Haie returns 11

fees _de veteri_, 4 _de novo_, and 5 _super dominium_. The exchequer

records him as paying on 16 _de veteri_, and 4 _de novo_.

The main point, however, on which I propose to insist, is that these

returns were intended to provide, and, as a matter of fact, did

provide a new feudal assessment, wholly superseding the old one, in no

case to the advantage of the tenant, but in many to the advantage

of the crown. The _modus operandi_ was as follows. Instead of either

adhering to the old assessment (_servitium debitum_), or uniformly

substituting a new one based on the fees actually created, the crown

selected in every case whichever of these two systems told in its own

favour and against the tenant of the fief. If he had enfeoffed fewer

knights than his _servitium debitum_ required, the crown retained that

_servitium_ as the irreducible minimum of his assessment; but if he

had created an excess of fees, the crown added that excess to his

pre-existing assessment and increased the 'service' due from him

_pro tanto_. This discovery is no conjecture, but is capable of

arithmetical demonstration.

It should be noticed how skilfully the queries were framed in the

inquest of 1166, to entrap the unwary tenant, and make him commit

himself to the facts. If his enfeoffed knights were short of the

required number, he was caught under the third query; if, on the other

hand, he had an excess, he was caught under the others. Now, did the

'barons', when they made their returns, anticipate this sweeping and

unwelcome reform? Presumably not. They appear to have drawn up their

_cartae_ carefully and willingly, few of those who had an excess of

knights taking even the precaution of mentioning their _servitium

debitum_.[54] The church, moreover, from the terms in which her

payments are thenceforth entered (_vide infra_), must have uniformly

and systematically adopted an attitude of protest. Yet there is no

trace of such protest in her returns. May we then infer that the crown

sought to deliberately entrap its tenants? Two circumstances might

favour that view. In the first place the tenants had to make their

returns _extra sigillum pendentes_, thereby solemnly committing

themselves;[55] in the second, the tenants would, of course, have been

tempted to conceal or understate their excess of knights, had they

foreseen the use that the crown would make of their returns.

The question may very fairly be asked, 'What check had the crown upon

a tenant in the event of the latter omitting some of his "excess"

fees?' The answer is supplied, I think, by a clause in the invaluable

return of the northern primate. He there requests that his return may

be accepted 'without prejudice', as a lawyer would say, in case of his

omitting some small fees. That is to say, these formal returns might

be brought up as evidence against tenants-in-chief who had omitted

some of their fees, proving that they had thereby themselves disowned

their right to the fees in question.[56]

Two points strike one strongly in the preparation of these returns.

The first of these is the difficulty experienced in compiling a

correct list of under-tenants and their holdings; the second is

the employment of the 'Inquest' as a means of ascertaining the

particulars.

Taking the former of these, we find Hugh Wac writing, 'si amplius

inquirere possim, notificabo vobis'; and Guarine 'de Aula', 'si plus

possim inquirere, faciam vobis scire'; so too the Bishop of Ely, 'de

hiis vero certi sumus, et si amplius inquirere poterimus libenter

vobis significabimus'; and the Bishop of Bath, 'si certiorem inquirere

poterimus veritatem, nos illam vobis significabimus'; and Alfred of

Lincoln, 'si plus inquiri potest, inquirere faciemus'. The Bishop of

Exeter makes his return, 'sicut eam diligentius inquirere potui';

the Abbot of Tavistock, 'quantum inde sollicitius inquirendo scire

potuit'. Hugh de Lacy, in a postscript to his return, adds a fee 'quod

oblitus sum'; while the Earl of Clare has to send in a subsequent

rider, containing an entry, 'quod ego postquam misi cartam ...

recordatus sum'.

From this difficulty it is a short step to the inquests which it seems

in some cases to have necessitated. The Abbot of Ramsey heads

his return, 'Haec est inquisitio'; the Earl of Warwick similarly

commences, 'Hoc est quod inquisivi per homines'. Earl Patrick makes

his return, 'secundum quod de probis et antiquis hominibus meis

inquirere potui'. 'Fecimus inquirere,' writes the Bishop of Bath, 'per

legales homines meos.... Haec autem per eos inquisivimus.'

This brings us directly to the very important inquest referred to in

the _carta_ of the Earl of Arundel:

Dominus noster Rex Henricus quadam contentione quae surrexit

inter milites de honore de Arundel de exercitu quodam de

Walliis, elegit iiij. milites de honore, de melioribus et

legalioribus, et antiquioribus ... et fecit eos recognoscere

servitia militum de honore, et super legalitatem et sacramenta

eorum inde neminem audire voluit.

Mr Eyton argued elaborately on genealogical grounds that this inquest

must have taken place under Henry I, but indeed it is quite obvious

from the language of the _carta_ itself that this was so. It is,

consequently, worthy of notice for its bearing on 'the sworn inquest'.

While on this subject, attention may be called to the unique entry

in the Pipe-Roll of 12 Henry II (1166): 'Alanus de Munbi debet xl.

s. quia non interfuit Jurat' feodorum militum' (p. 8). Investigation

proves (through what is known as the Lindsey Survey) that Alan was an

under-tenant of the honour of Brittany, the successor of that Eudo who

held in Mumby _temp._ Domesday. This fact throws light on the entry,

by suggesting that the inquest referred to concerned the honour

of Brittany, the number of fees in which was then and subsequently

doubtful.

But to return. It is infinitely easier to trace the change brought

about by the inquest of 1166 in the case of the church fiefs than of

the lay ones. For on the former it was uniform and glaring. Previously

to 1166 the church tenants had paid on their _servitium debitum_

alone; after 1166 they paid, as a rule, on all the fees actually

created upon the fief. Thus the assessment of the Bishop of Durham was

raised at a blow from ten fees to more than seventy.[57] There were

several equally striking cases among the prelates. Now, whether or not

the church tenants feared something of the kind, they had generally

been careful in their returns to set forth their _servitium debitum_,

and when, in 1168, they were uniformly assessed on their total of

fees, their uniform protest is expressed in the formula 'quos non

recognoscit' applied to the payment on their excess knights. Such is

the meaning of this puzzling formula which is peculiar to the church

fiefs.[58] In these cases it wholly replaces the _de veteri_ and _de

novo_ assessment which, from 1166, was applied to the lay fiefs.

II. THE SERVITIUM DEBITUM

The essential feature we have to keep in view when examining the

growth of knight service is the _servitium debitum_, or quota of

knight service due to the crown from each fief.

This has, I venture to think, been obscured and lost sight of in

the generalizations and vague writing about the 'gradual process'

of development. It is difficult for me to traverse the arguments of

Gneist, Stubbs and Freeman, because we consider the subject from such

wholly different standpoints. For them the introduction of knight

service means the process of sub-infeudation on the several fiefs;

for me it means the grant of fiefs to be held from the crown by knight

service. Thus the process which absorbs the attention of the school

whose views I am opposing is for me a matter of mere secondary

importance. The whole question turns upon the point whether or not the

tenants-in-chief received their fiefs to hold of the crown by a quota

of military service, or not. If they did, it would depend simply on

their individual inclinations, whether, or how far, they had recourse

to sub-infeudation. It was not a matter of principle at all; it was,

as Dr Stubbs himself put it, 'a matter of convenience',[59] a mere

detail. What we have to consider is not the relation between the

tenant-in-chief and his under-tenants, but that between the king

and his tenants-in-chief: for this was the primary relation that

determined all below it.

The assumption that the Conqueror cannot have introduced any new

principle in the tenure of land lies at the root of the matter.

Assuming this, one must of course seek elsewhere for the introduction

of knight service. Have not the difficulties of the accepted view

arisen from its exponents approaching the problem from the wrong point

of view? The tendency to exalt the English and depreciate the Norman

element in our constitutional development has led them I think,

and especially Mr Freeman, to seek in Anglo-Saxon institutions an

explanation of feudal phenomena. This tendency is manifest in their

conclusions on the great council:[60] it colours no less strongly

their views on knight service. In neither case can they bring

themselves to adopt the feudal standpoint or to enter into the feudal

spirit. It is to this that I attribute their disposition to bring the

crown face to face with the under-tenant--or 'landowner' as they would

prefer to term him--and so to ignore, or at least to minimize the

importance of the tenant-in-chief, the 'middleman' of the feudal

system. Making every allowance for the policy of the Conqueror in

insisting on the direct allegiance of the under-tenant to the crown,

and thereby checking the disintegrating influence of a perfect feudal

system, the fact remains what we may term the 'military service'

bargain was a bargain between the crown and the tenant-in-chief, not

between the crown and his under-tenants. It follows from this that so

long as the 'baron' (or 'tenant-in-chief') discharged his _servitium

debitum_ to the crown, the king had no right to look beyond the

'baron', who was himself and alone responsible for the discharge of

this service. It is, indeed, in this responsibility that lies the

key to the situation. If the under-tenant of a knight's fee failed to

discharge his service, it was not to him, but to his lord, that the

crown betook itself. 'I know nothing of your tenant,' was in effect

the king's position; 'you owe me, for the tenure of your fief, the

service of so many knights, and that service must be performed,

whether your under-tenants repudiate their obligations to yourself or

not'. In other words the 'baron' discharged his service to the king,

whereas the baron's under-tenants discharged theirs to their lord.[61]

So the _Dialogus_ speaks of the under-tenant's 'numerum militum quos

domino debuerat'.

Let us then apply ourselves directly to the quotas of military service

due from the 'barons' to the crown, and see if, when ascertained, they

throw any fresh light on the real problem.

No attempt, so far as I know, has ever been made to determine these

quotas, and indeed it was the utter want of trustworthy information

on the subject that led Swereford to undertake his researches in

the thirteenth century. Those researches, unfortunately, leave us

no wiser, partly from his defective method and want of the requisite

accuracy; partly from the fact that what he sought was not abstract

historical truth, but practical information bearing on the existing

rights of the crown. We must turn therefore to the original

authorities: (1) the _cartae baronum_, (2) the annual rolls. These were

the two main sources of Swereford's information, as they must also be

of ours. In the next part of this paper I shall deal with the evidence

of the rolls, as checking and supplementing the _cartae baronum_.

I shall analyse the church fiefs first, because we can ascertain,

virtually with exactitude, the _servitium debitum_ of every prelate

and of every head of a religious house who held by knight service.

The importance of these figures, together with the fact that they have

never, so far as I know, been set forth till now, has induced me to

append them here in full detail.

SEE SERVICE DUE SEE SERVICE DUE

knights knights

Canterbury 60 Bath 20

Winchester 60 London 20

Lincoln 60 Exeter 17-1/2[62]

Worcester 50 [60] 'Chester' 15

Norwich 40 Hereford 15

Ely 40 Durham 10

Salisbury 32 Chichester 4 [2]

York 20 [7]

Every English See then in existence is thus accounted for with the

solitary and significant exceptions of Carlisle and Rochester. The

latter See, we know, had enfeoffed knights for their names (_temp._

Henry I, I think, from internal evidence) are recorded in the _Textus

Roffensis_ (p. 223);[63] the former had been created after the date

when, as I shall argue, the Conqueror fixed the knight service due

from the fees.

In the above list the figures in brackets refer to the assessments

previous to 1166. Three changes were made at, or about, that date. The

Bishop of Worcester, in accordance with the protest he had made from

the beginning of the reign, obtained a reduction of his quota from

sixty knights to fifty; while the Archbishop of York's _servitium_

was raised from seven knights to twenty, and that of the Bishop of

Chichester from two knights to four. These changes are known to us

only from the details of the prelate's scutages; there is nothing to

account for them in the relevant _cartae_, and we can only infer from

the formula _quos recognoscit_ that the two bishops whose _servitia_

were increased acquiesced in the justice of the crown's claim.

Proceeding to the 'service' of the religious houses:

HOUSE SERVICE DUE HOUSE SERVICE DUE

knights knights

Peterborough 60 Wilton 5

Glastonbury 40 [60] Ramsey 4

St Edmundsbury 40 Chertsey 3

Abingdon 30 St Bene't of Hulme 3

Hyde 20 Cerne[64] 2 [3]

St Augustine's 15 Pershore 2 [3]

Westminster 15(?) Malmesbury 3

Tavistock 15(?) Winchcombe 2

Coventry 10 Middleton 2

Shaftesbury 7 [10] Sherburne 2

St Alban's 6 Michelney 1

Evesham 5 Abbotsbury 1

The changes of assessment on religious houses were few, and are thus

accounted for. Glastonbury, which paid on sixty knights in the first

two scutages of the reign, paid on forty in the third and in

those which followed. Pershore paid on three in the first scutage,

protesting that it was only liable to two, and from 1168 it was only

rated at two. Shaftesbury, which had paid on ten knights in the first

scutage, was assessed at only seven in the third scutage and those

which followed. Cerne also succeeded in getting its assessment reduced

from three knights to two. With these changes should be compared the

letter of Bishop Nigel of Ely to Ramsey Abbey certifying that it was

only liable to an assessment of four knights. Two cases remain which

require special treatment--Tavistock and Westminster.

Although Tavistock, in the first scutage, appears to have paid on the

anomalous assessment of ten and a half knights its payment on fifteen

in the two succeeding ones may fairly be taken as evidence that this

was its _servitium debitum_.[65] Its abbot, however, made no reference

to that _servitium_ in his return, and--by an exception to the regular

practice in the case of church fiefs--we find him charged, not on the

fees, (1) 'quos recognoscit', (2) 'quos non recognoscit', but on those

which were enfeoffed 'de veteri', and 'de novo' just as if he were a

lay tenant. As his fees 'de veteri' were sixteen, this figure recurs

in successive scutages, until in 3 John we find him contesting as

to one knight ('unde est contentio') who, doubtless, represented the

difference between fifteen and sixteen.

The case of Westminster presents considerable difficulty, the entries

relating to its payments of scutage being very puzzling. The abbey's

fees lay chiefly in Worcestershire and Gloucestershire--especially

Worcestershire--and it is under this county that we find it ultimately

(_i.e._ from 1168 onwards) assessed at fifteen fees, an assessment

which the abbot himself seems to have claimed, in the first scutage,

as the right one.

Taking then the _servitium debitum_ of all the church fiefs, at their

earliest ascertainable assessment, we obtain this result:

Bishops 458-1/2

Heads of religious houses 318

Capellaria de Bosham 7-1/2

-------

Grand total 784[66]

Far more difficult is the calculation of the _servitium debitum_ from

the lay fiefs. The list which follows is constructed from the evidence

of the _cartae_ and the rolls, and, though substantially correct, is

liable to emendation in details. It only comprises those fiefs the

_servitium_ of which I have been able to ascertain with certainty or

probability.

Robert 'filius Regis' 100[67]

Earl Ferrers 80 (? 60)[68]

Honour of Totness 75

Honour of Tickhill 60 (?)[69]

Robert de Stafford 60

Count of Eu 60 (?)[70]

Earl Warrenne 60 (?)[71]

Lacy of Pontefract 60

Roger de Mowbray 60[72]

Earl of Essex 60

Walter fitz Robert (of Essex) 50

Honour of Richmond 50[73]

Gervase Paynell 50

Reginald de St Valery 50 (?)[74]

Patrick, Earl of Salisbury 40

Walter de Aincurt 40

William de Montfichet 40

Payn de Montdoubleau 40[75]

William de Roumare 40 (?)[76]

Hubert de Rye 35

Hubert fitz Ralf (Derbyshire) 30

Walter de Wahulle 30

William fitz Robert (Devon) 30

William de Traci 30[77]

Robert de Valoines 30[77]

Maurice de Craon 30[77]

William de Albini (of Belvoir) 30[77]

Bernard Balliol 30[78]

Roger de Arundel 30[79]

Walter de Mayenne 30 (?)[80]

Robert de Albini (Bucks) 25

Robert fitz Hugh 25

Alfred of Lincoln 25

Ralf Hanselin 25

William de Braose 25[81]

Oliver de Traci 25[81]

Gerard de Limesi 25 (?)[82]

Walter Waleran 20

Richard de Hay 20

Honour of Holderness 20

William de Windsor 20

Hugh de Bayeux 20

William de Vesci 20 (?)[83]

Daniel de Crevec[oe]ur 20 (?)[84]

Thomas de Arcy 20 (?)[85]

Hugh de Dover 15

Walter Bret 15

Baderon de Monmouth 15

Earl Richard de Redvers 15[86]

Adam de Brus 15

Hamo fitz Meinfelin 15

Osbert fitz Hugh 15 (?)[87]

? Hugh de Scalers 15[88]

? Stephen de Scalers 15

Gilbert de Pinkeni 15

Geoffrey Ridel 15

Robert Foliot 15

Robert de Choques 15

Robert de Caux 15

William Paynell 15 (?)

Richard de Reimes 10

Roger de Buron 10

Richard fitz William 10

William fitz Alan 10

Richard de Cormeilles 10

Roger de Kentswell 10

William Trussebut 10

Nigel de Lovetot 10

Manasser Arsic 10

Richard de Montacute 10

Wandrille de Courcelles 10

Walter de Bolebec (Bucks) 10

Robert de Hastings 10

Lambert de Scotenni 10

Drogo de Montacute 10 (?)[89]

William de Reimes 10 (?)[90]

William de Helion 10 (?)[91]

Graeland de Thani of Essex owed seven and a half knights (the half of

fifteen), and Roger de Berkeley probably the same. Those who owed a

_servitium_ of five knights were Robert fitz Harding, Baldwin Buelot,

Simon de Cancy, Nigel de Lovetot (of the honour of Tickhill), Amfry de

Cancy, Hugh de Dover (of the honour of Brunne),[92] Walter de Bolebec

(Northumberland), Robert de Brus, Roger Bertram, and probably Stephen

de Bulmer,[93] and Herbert 'de Castello'.

The cases in which the _servitium_ can be shown not to have been a

multiple of five are comparatively few. That of Simon de Beauchamp of

Bedford was 54, of William Fossard 33-1/2, of Humphrey de Bohun 30-1/2,

of William Malet 20-1/6, of Robert de Beauchamp (of Somerset) 17, of

William fitz John (of Harptree) 13-3/4, of William Blund 12, of Hugh

Wac 10-1/8, of William de Ros, William fitz John (of Weston) and

William de Beauchamp (of Worcestershire) 7, of John de Bidun and

Jocelin de Lovaine 5-1/2.[94] But these, it will be seen, are quite

insufficient to overthrow the accumulated array of evidence on the

other side, and some of them are, doubtless, capable of explanation.

The Bohun fief, for instance, in 1162 paid on exactly 30 fees.

It is impossible to resist the inference, from such evidence as we

have, that the amount of the _servitium debitum_ was a matter of

custom and tradition, and could not usually be determined by reference

to written grants or charters. On this point the returns of three

Essex tenants are most instructive, while their similarity is so

striking, that, as in the case of the Shropshire _formulæ_, it can

scarcely be due to accident. The Earl of Essex closes with the words:

'et homines mei dicunt mihi quod debeo Domino Regi lx. milites'.

Walter fitz Robert, who follows him, writes: 'et hoc mihi homines mei

intelligere faciunt, quod debeo inde Regi servitium de l. militibus'.

William de Montfichet ends thus: 'et hoc faciunt homines mei mihi

intelligere--quod pater meus deserviebat per xl. milites'. With these

expressions we may compare those of William fitz Alan's tenants, who

assert that his Norfolk fief 'non debet domino Regi nisi i. militem

... ut antiqui testantur'; that his Shropshire fief 'non debet Regi

nisi x. milites in exercitu ... sicut antiqui testantur'; and that, as

to his Wiltshire fief, 'non sumus certi quod servitium debeat Regi

de hoc tenemento'. The Abbot of Chertsey, also, states his _servitium

debitum_ with the proviso 'secundum quod scire possumus'. These

expressions explain the uncertainty as to the _servitium debitum_ in

such cases as the See of Worcester and Ramsey Abbey.[95]

The same principle applies to the relation between the tenant-in-chief

and his under-tenant. Thus the very first entry in the _cartae_ runs as

follows:

Willelmus de Wokindone iiij. milites et dimidium; et praeter

hoc, ex testimonio curiae meae, dimidium exigo, quem ipse se

non debere defendit.

Of another tenant on the same fief we read: 'praeter hoc, _ex

testimonio curiae meae_, adhuc j. militem exigo'. Here, we see, appeal

is made not to record evidence, but to oral testimony. So, too, the

Bishop of Exeter adds this clause to his return:

Et praeter hos omnes, sicut _a multis audivi_, comes

Gloucestriæ, et comes Hugo, et comes de Clare debent tenere

de Exoniensi Episcopo; sed nullum ei servitium faciunt vel

recognoscunt.

Surely in all such cases as these the obvious inference is that the

tenant had been enfeoffed _sine carta_, or in the very words of

the Provisions of the Barons (1259) 'feofatus sine carta a tempore

conquestus vel alio antiquo feofamento' (§ 1).

And now for my theory. No one can have even glanced at the lists I

have compiled without being instantly struck by the fact that the

'service' is reckoned in round numbers, and is almost invariably

_a multiple of 5, if not of 10_.[96] This discovery, of course, is

absolutely destructive of the view that it always represented the

number of five-hide (or £20) units contained in the fief. Further, the

number of differing fiefs assessed at precisely the same figure proves

that the assessment was wholly arbitrary and cannot have been even the

round sum which approximated most nearly the number of such units.[97]

What then was the true determinant in the light of these conclusions?

I reply--_the unit of the feudal host_.

'On the continent,' writes Gneist, 'fifty _milites_, or at least

twenty-five, were reckoned to one banneret; in England, in proportion

to the smaller scale of enfeoffments, a smaller number appears to have

formed the unit of the _constabularia_.'[98] He is right: the English

_constabularia_, where I find it referred to, consists of _ten_

knights.[99] It is interesting to trace this unit and its multiples

recurring in the narratives of Irish warfare, under Henry II, and in

other struggles.[100] We meet with it also in the grant by the Empress

to Geoffrey de Mandeville, in 1141, of 'feodum et servicium xx.

militum' and in Stephen's grant to him of 'lx milites feudatos'.[101]

The next step is to show that the Normans were familiar with

_servitium debitum_ in terms of the ten-knight unit when they landed

in England. For this we have only to refer to Wace. For in the 'Roman

de Rou', as quoted by Mr Freeman himself, we find William fitz Osbern

assuring the duke as to his barons:

Vostre servise dobleront:

Ki solt mener vint chevaliers

Quarante en merra volontiers,

E ki de trente servir deit

De sesante servir vos velt,

E cil ki solt servir de cent

Dous cent en merra bonement.[102]

The _servitium debitum_, therefore, was a standing institution in

Normandy, and 'to the mass of his (William's) followers', as Mr

Freeman frankly admits,[103] a 'feudal tenure, a military tenure, must

have seemed the natural and universal way of holding land'. When we

find them and their descendants holding their fiefs in England, as

they had been held in Normandy, by the service of a round number of

knights, what is the simple and obvious inference but that, just as

Henry II granted out the provinces of Ireland to be held as fiefs

by the familiar service of a round number of knights,[104] so Duke

William granted out the fiefs he formed in England?

If to escape from this conclusion the suggestion be made that

these _servitia debita_ were compositions effected by English

_antecessores_, it need only be answered that the fiefs acquired were

wholly new creations, constructed from the scattered fragments of

Anglo-Saxon estates. And though in the case of the church fiefs this

objection might not apply, yet we have evidence, as I shall show, to

prove that their _servitia_ also were determined by the conqueror's

will, as indeed might be inferred from their close correspondence with

those of the lay barons.

But if the lands of the conquered realm were so granted to be held by

a _servitium debitum_ of knights, the key of the position is won, and

the defenders of the existing view must retire along the whole line;

for, as Mr Freeman himself observed, 'Let it be once established that

land is held as a fief from the crown on condition of yielding certain

services to the crown, and the whole of the feudal incidents follow

naturally.'[105]

I am anxious to make absolutely clear the point that between the

accepted view and the view which I advance, no compromise is possible.

The two are radically opposed. As against the theory that the military

obligation of the Anglo-Norman tenant-in-chief was determined by the

assessment of his holding, whether in hidage or in value, I maintain

that the extent of that obligation was not determined by his

holding, but was fixed in relation to, and expressed in terms of, the

_constabularia_ of ten knights, the unit of the feudal host. And I,

consequently, hold that his military service was in no way derived or

developed from that of the Anglo-Saxons, but was arbitrarily fixed by

the king, from whom he received his fief, irrespectively both of

its size and of all pre-existent arrangements. Such propositions, of

course, utterly and directly traverse the view which these passages

best summarize:

The belief that William I divided the English landed property

into military fees is erroneous.... According to the extent

and the nature of the productive property it could be

computed how many shields were to be furnished by each

estate, according to the gradually fixed proportion of a £20

ground-rent.[106]

There is no ground for thinking that William directly or

systematically introduced any new kind of tenure into the

holding of English lands. There is nothing to suggest any such

belief, either in the chronicles of his reign, in the Survey,

which is his greatest monument, in the genuine or even in the

spurious remains of his legislation.... As I have had to point

out over and over again, the grantee of William, whether the

old owner or a new one, held his land as it had been held in

the days of King Edward.[107]

There can be no doubt that the military tenure ... was itself

introduced by the same gradual process which we have assumed

in the case of the feudal usages in general. We have no light

on the point from any original grant made by the Conqueror

to a lay follower; but ... we cannot suppose it probable that

such gifts were made on any expressed condition, or accepted

with a distinct pledge to provide a certain contingent of

knights for the king's service.[108]

If my own conclusions be accepted, they will not only prove

destructive of this view, but will restore, in its simplicity, a

theory which removes all difficulties, and which paves the way to a

reconsideration of other kindred problems, and to the study of that

aspect of Anglo-Norman institutions in which they represent the feudal

spirit developed on feudal lines.

III. SCUTAGE, AID, AND 'DONUM'

Feudal England: Historical Studies on the Eleventh and Twelfth Centuries · 第 6 / 12 章