7. #saca# and the other genitives are, like lande, dependent on wurþa.
Each of these words has a threefold aspect: (1) the simple meaning of
the word itself; (2) the right to adjudicate in connection with that;
(3) the right to profit by fee or fine arising out of such jurisdiction.
#Sacu# and #sōcn# are glossed, _litis, contestatio_ and _quaestio,
inquisitio_ respectively. #Sōcn# is the leading word and #sacu# was
added to round off the phrase; together they express a single idea,
inquisition into a disputed matter (sometimes the area of jurisdiction);
then the right to adjudicate privately within one’s own jurisdiction on
certain cases which arise within it, and the right in consequence to
appropriate the proceeds in fines, &c. #Toll#, tax on merchandise,
sometimes exemption from such, the right to collect it, the profit
arising therefrom. Sometimes merely the right to tallage one’s villeins.
#Tēam#, vouching to warranty, right to adjudicate in cases which
involved the production of a guarantor (#getēama#), right to
forfeitures, &c., arising out of such processes (see B-T. _s.v._).
#Griðbryce#, breach of a special peace, that is, a protection accorded
specially to a person, place, or period of time by the king, the right
to try such cases and fine. #Hāmsōcn#, in Domesday hāmfare (OE.
#hāmfaru#), attack on a man’s house, trial for the offence and fine.
#Fōrsteall#, assault on the king’s highway; in Norman law, ‘assultus
excogitatus de veteri odio’ (PM. ii. 453). #Infangeneþēof#, thief caught
red-handed in a privileged area, the right to judge and hang him. In =
within, _adverb_: fangene = #fangenne#, _s. acc._ of the participle
agreeing with þēof: as the phrase was almost always _acc._ after a verb
of granting, these formed a compound regarded as the _nom._ as well, but
a _nom._ by form is sometimes found as _acc._, ‘infangenðeóf,’ Kemble,
iv. 226. The dat. ‘mid infangenumþeofe’ occurs, id. 227, but usually
‘mid infangeneðéf,’ id. 190; _gen._ ‘infangeneðeófes,’ id. 193. C, E,
H^1, H^2 all have both words inflected _gen._ as here: I have not found
the double inflection elsewhere. #Ūtfangeneþēof# was the right to hang
one’s own thief wherever caught, if he were found in possession of the
stolen property: it appears to have been rarely granted. #Flȳmena
fyrmð#, the harbouring or supporting of a wrongdoer or fugitive from
justice. (Liebermann, Die Gesetze der Angelsachsen; Pollock and
Maitland, History of English Law.)
10. #binnan Burgan#, &c.: a phrase for everywhere. Comp. ‘on ǽlce styde,
be lande and be strande,’ Earle, 344/11; ‘be wætere and be lande,’ id.
344/21; ‘inne tíd and út of tíd, binnen burh and búten burh, on stráte
and of stráte,’ id. 340/21.
11. #swa ful ⁊ swa ford#: ‘in tantum et tam pleniter,’ as fully and
extensively as my own officers are in duty bound to exact: comp. ‘swá
wel and swá freolíce swá ic hit meseolf betst habbe,’ Earle, 343/16.
12. #habben#: read habbe as in H^1, H^2; C, E have hæbbe. For #toleten#,
granted, E, H^1, H^2 have to gelæten. The Latin has ‘super tot
theines[;] quot eis concessit Rex Willelmus proauus meus,’ which is
probably the correct version.
13. #þeron theo#: ‘þær on teo,’ C, E; ‘þær on tyo,’ H^1; ‘þer on tyo,’
H^2. The Latin ‘se intromittat,’ meddle (also in H^1, H^2), is not an
equivalent, but rather ‘subtrahere,’ ‘exigere,’ ‘ad se trahere’ of
similar documents. The meaning is, take any thing from these lands and
rights: for #þer on#, comp. ‘ne teó se hláford ná máre on his ǽhte butan
his rihtan heregeate,’ Schmid, Gesetze, 308. Fuller expressions are
‘ænig þæra sócna him to hánda drægen,’ Kemble, iv. 222: ‘fram honde
téo,’ id. 212, 196: ‘of handa átéo,’ id. 226. #þe#, to whom: see 46/292.
14. #for þan þingan#, for the reason that, because: see the examples of
the phrase in B-T., p. 1060. C has for þā; H^1 for þam þingan; E, H^2,
as in the text.
15. #to echere alisendnesse#, for the eternal salvation of my soul;
comp. ‘to ecere alysednysse,’ Ælfric, Lives, 258/320, ii. 154/178.
Keller prints eche, treating the curl attached to the final _e_ as a
mere flourish, but the scribe’s model, H^2, had æcere: see 23/161.
16. #bi#, as concerning, having regard to, i.e. on pain of losing. Comp.
‘unrihtwisan deman þe heora domas awendað æfre be þam sceattum,’ Ælfric,
Lives, 430/233; ‘bebead eallum his folce, be heora life, þæt hí sceoldon
feallan adune,’ Ælf. Hom. Cath. ii. 18/23; ‘þat ælc mon bi his liue[;]
comen to him swiðe, | bi heore liue & bi heore leme,’ L 19434.
_Cross-References_
1/3 (note) = I. A (Worcester Fragments)
15/87 (note) = V. (A Parable)
_Errata_
The charter is then a patchwork ... land inne frēondlice
[_printed as shown: expected form “frēondlīce”_]
binnan burgum ⁊ butan ... butan hī ⁊ heora
[_printed as shown: expected form “būtan”_]
... alisendnesse is OE. #ālīesednesse# (but once #ālȝsendnesse#)
[_initial ā in both words corrected by author from “a”_]
#ā# + #w# is _au_ in saule
[_#ā# corrected by author from #a#_]
7. ... #Ūtfangeneþēof# was the right to hang one’s own thief
wherever caught [Utfangeneþēof]