CHAPTER XI.

FOLCLAND. BÓCLAND. LǼNLAND.

It was a wise insight into the accidents of increasing population which

limited the amount of the original éðel, or allodial estate. By leaving,

as it were, a large fund to be drawn upon, as occasion might serve, the

principle, that every freeman must be settled on land, was maintained,

without condemning society to a stationary condition, as to numbers. The

land thus left, of which the usufruct, under certain conditions, was

enjoyed by the freemen, was called Folcland, _terra publica, ager

publicus_. It was distinguished from the éðel by not becoming absolute

property in the hands of individuals, consequently by not being

hereditary. The _dominium utile_ might be granted; the _dominium

directum_ remained in the state, which was a perpetual feoffee for

certain trusts and uses. And hence folcland was subject to rents of

divers kinds, and reversion. The folcland could also be applied to

reward great public services, in which case estates of alod, or éðel,

were carved out of it, and presented to him whom the community desired

to honour[523]. The service which Wulf and Eofer did by slaying

Ongenðeów was rewarded with a grant of land and rings[524]. The clearest

view of the nature and object of folcland is given us by Beda, who

complains that it is diverted from its proper purpose,—which is, to be

granted as a support to those whose arms would defend the country,—under

pretence of erecting monasteries, which are a disgrace to their

profession. The following are his extremely important words:

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Footnote 523:

The τέμενος, or cut-off portion, _entail_, which service might earn

among the Greeks, is of the same character. According to tradition,

Pittacus was thus rewarded by the people of Mitylene, after overcoming

Phrynon, the Athenian champion, in single combat: τῶν δὲ Μιτυληναίων

δωρεὰς αὐτῷ μεγάλας διδόντων, ἀκοντίσας τὸ δόρυ, τοῦτο μόνον τὸ χωρίον

ἠξιώσεν, ὅσον ἐπέσχεν ἡ αἰχμή· καὶ καλεῖται νῦν Πιττάκιον. Plut. de

Malign. Herod. c. xv. The reward allotted to Horatius in the Roman

Ager ought now to be familiar to every one:

“They gave him of the corn-land

That was of public right,

As much as two strong oxen

Could plough from morn till night!”

Footnote 524:

“Geald ðone gúðræs

Geáta dryhten ...

ofer máðmum sealde

heora gehwæðrum

hund þusenda

landes and locenra beága.”

Beów. l. 5977.

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“And since there are both very numerous and very extensive tracts,

which, to adopt the common saying, are of use neither to God nor

man,—seeing indeed that in them there is neither maintained a regular

life according to God’s law, nor are they possessed by the soldiers or

comites of secular persons, who might defend our race from the

barbarians,—if any one, to meet the want of our time, should establish

an episcopal see in those places, he will be proved not to incur the

guilt of prevarication, but rather to perform an act of virtue[525].”

-----

Footnote 525:

Bed. Epist. ad Ecgbirhtum Archiepiscopum, § 11. (Opera Min. ii. 216.)

-----

And again, he continues:

“By which example it behoves also your Holiness, in conjunction with our

religious king, to abrogate the irreligious deeds and writings of our

predecessors, and to provide for the general advantage of our kingdom,

either in reference to God, or to the world: lest in our days, either

through the cessation of religion, the love and fear of an inspector at

home should be abandoned; or, on the other hand, the supply of our

secular militia decreasing, we should not have those who might defend

our boundaries from the incursions of barbarians. For, what is

disgraceful to say, persons who have not the least claim to the monastic

character, as you yourself best know, have got so many of these spots

into their power, under the name of monasteries, that there is really

now no place at all where the sons of nobles or veteran soldiers can

receive a grant[526]. And thus, idle and unmarried, being grown up to

manhood, they live on in no profession of chastity; and on this account,

they either cross the sea and desert the country which they ought to

serve with their arms; or, what is even more criminal and shameless,

having no profession of chastity, they give themselves up to luxury and

fornication, and abstain not even from the virgins consecrated to

God[527].”

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Footnote 526:

We know that these grants were regulated by the rank and condition of

the grantee. Beda, speaking of Benedict Biscop, a young Northumbrian

nobleman, says, “Cum esset minister Oswii regis, et possessionem

terrae suo gradui competentem, illo donante perciperet,” etc. Vit.

Sci. Bened. § 1. (Op. Min. ii. 140.)

Footnote 527:

Epist. § 11. (Op. Min. ii. 217, 218.)

-----

The evils of a course which, by preventing the possibility of marriage,

tends to the general neglect of morality, are as obvious in this state

of society, as in those where the indefinite partition of estates

reduces all the members of the higher classes to a state of poverty,—a

fact perfectly familiar in countries where the resources of trade are

not permitted to mitigate the mischief of subdivision.

The folcland then in England was the national stock. It is probable that

the same thing occurred in other Teutonic states, and that the folcland

there also formed a reserve from which endowments of individuals,

homeborn or foreign, and of religious houses, were made. Thus, “Princeps

de eius recuperatione simul et postulatione multum gavisus, et suum ad

hoc consensum et parentum adeptus est favorem; deditque illi in eisdem

partibus, multas possessiones _de publico_, quatinus viciniori potentia

soceris acceptior factus, non minori apud illos, quam in genitali solo

praecelleret dignitate[528].”

-----

Footnote 528:

Vit. S. Idae, Pertz, ii. 571.

-----

We cannot now tell the exact terms upon which the usufruct of the

folcland was permitted to individual holders. Much of it was probably

distributed in severalty, to be enjoyed by the grantee during his life,

and then to revert to the donor the State. As the holders of such lands

were most probably not included in the Marks, like the owners of

allodial property, they may have formed the proper basis of the original

gyldscipas, and have been more immediately subject to the jurisdiction

of the scírgemót; for it is impossible to believe that their condition

was one of such perfect freedom as that of the original allodial owners.

A portion also of the folcland may long have subsisted as common land,

subject to the general rights of all[529]. In this respect it must have

resembled the public land of the Romans. Only that, the true Roman

burghers or Patricians, being comparatively few, while the other

claimants were many, and self-defence therefore commanded the utmost

caution in admitting them to isotely,—the struggles between the

Patrician and Plebeian orders necessarily assumed in Rome a character of

exasperation and hostility which was wanting in England. But it does not

appear that in this country, the tribes of the Gewissas could have made

any claim to the folcland of the Mercians, or that those of the Welsh

would have found favour with any Saxon community.

-----

Footnote 529:

This seems the readiest way of accounting for the right of common

enjoyed by the king, ealdorman and geréfa, in nearly every part of

England; which right they could alienate to others. For the king’s

common of pasture, etc. see Cod. Dipl. Nos. 86, 119, 276, 288, etc.

-----

In whatever form the usufruct may have been granted, it was accompanied

by various settled burthens. In the first place were the inevitable

charges from which no land was ever relieved; namely military service,

alluded to by Beda, and no doubt in early times performed in person: the

repair of roads, bridges and fortifications. But besides these, there

were dues payable to the king, and the geréfa; watch and ward on various

occasions; aid in the royal hunting; convoy of messengers going and

coming on the public service, from one royal vill to another; harbouring

of the king, his messengers and huntsmen; lastly provision for his

hawks, hounds and horses. In addition to these, there were heavy

payments in kind, which were to be delivered at the royal vills, to each

of which, various districts were apparently made appurtenant, for this

purpose; and on which stores, so duly delivered, the king and his

household in some degree depended for subsistence. These were comprised

under the name Cyninges-feorm, or _Firma regis_.

It is from the occasional exemptions granted by the authority of the

king and his witan, that we learn what burthens the folcland was subject

to: it may therefore be advantageous to cite a few examples, which will

make the details clear.

Between 791 and 796, eighty hides of land at Westbury and Hanbury were

relieved by Offa from the dues to kings, dukes and their subordinates;

except these payments, that is to say, the _gafol_ at Westbury (sixty

hides), two tuns full of bright ale, and a comb full of smooth ale, and

a comb full of Welsh ale, and seven oxen, and six wethers, and forty

cheeses, and six langðero (?), and thirty ambers of rough corn, and four

ambers of meal, to the royal vill[530].

-----

Footnote 530:

Cod. Dipl. No. 166. Here, by the way, the comb is used as a liquid

measure; very probably of thirty-two gallons, the amount of the old

barrel of ale, (the present barrel is thirty-six gallons). So to this

day the hogshead is sixty-four gallons or twice thirty-two, the comb;

as the quarter is sixty-four gallons, or two combs of dry measure.

Even now in some parts of Surrey and Sussex, the peasants use peck for

two gallons of liquid measure: I have heard them speak of a peck, and

even half a bushel, of gin, brandy, beer, etc.

-----

In 863, an estate at Marsham was to pay by the year, twenty staters of

cheese, forty lambs, forty fleeces, and two days’ _pastus_[531] or

feorm, which last might be commuted for thirty silver shillings

(_argentea_)[532].

-----

Footnote 531:

The _pastus regis_ is the _gite du roi_ well known in French history.

Footnote 532:

Cod. Dipl. No. 288, see also No. 281.

-----

In 877, Bishop Tunberht, with the consent of his chapter, appropriated

lands at Nursling to the use of the refectory. His charter says he

grants it, “liberam ab omnibus terrenis difficultatibus omnium

gravitudinum, sive a pastu regis, principis, exactoris; et ab omni

aedificiorum opere, tributo, a paraveredis, a taxationibus quod dicimus

wíterǽdene; omnium rerum saecularium perpetualiter libera sit, excepta

expeditione et pontis aedificatione[533].” As he could not do this by

his own authority, he probably only means to record that they had been

so freed by the Witena-gemót.

-----

Footnote 533:

Cod. Dipl. No. 1063.

-----

In 883, twenty years later, a monastery is freed from all which the

monks were still bound to pay to the king’s hand, as cyningfeorm, both

in bright ale, beer, honey, oxen, swine and sheep, in short from all the

_gafol_, much or little, known or unknown, that belongs to the lord of

the nation[534].

-----

Footnote 534:

Ibid. No. 313.

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The dues from the monastery at Taunton were as follows: a feorm of one

night for the king, and eight dogs and one dog-keeper; and nine nights’

keep for the king’s falconers; and carriage with waggons and horses for

whatever he would have taken to Curry or Wilton. And if strangers came

from other parts, they were to have guidance to the nearest royal vill

upon their road[535].

-----

Footnote 535:

Cod. Dipl. No. 1084, an. 904.

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The payments reserved upon twenty hides at Titchbourn, which Eádweard in

901-909 granted to Denewulf of Winchester for three lives, were probably

the old royal gafol: they were now transferred to the church as

_double-commons_ for founder’s day. They amounted to, twelve sexters of

beer, twelve of sweetened Welsh ale, twenty ambers of bright ale, two

hundred large and one hundred small loaves, two oxen fresh or salted,

six wethers, four swine, four flitches, and twenty cheeses; but if the

day of payment should fall in Lent, an equivalent of fish might be paid

instead of flesh[536].

-----

Footnote 536:

Ibid. No. 1088.

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“Insuper etiam, hanc praedictam terram liberabo ab omni servitute

saecularium rerum, a pastu regis, episcopi, praefectorum, exactorum,

ducum, canum, vel equorum seu accipitrum; ab refectione et habitu

illorum omnium qui dicuntur Fæstingmen,” etc.[537]

-----

Footnote 537:

Ibid. No. 216, an. 822.

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“Sint liberati a pastu principum, et a difficultate illa quod nos

Saxonice dicimus Festingmen; nec homines illuc mittant qui accipitros

vel falcones portant, aut canes aut caballos ducunt; sed sint liberati

perpetualiter in ævum[538].”

-----

Footnote 538:

Ibid. No. 257, an. 844.

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“Ab opere regali et pastu regis et principis, vel iuniorum eorum; ab

hospitorum refectione vel venatorum; etiam equorum regis, falconum et

ancipitrum, et puerorum qui ducunt canes[539].”

-----

Footnote 539:

Cod. Dipl. No. 258, an. 845.

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“Ut sit liberatum et absolutum illud monasterium ab illis causis quas

Cumfeorme et Eafor vocitemus; tum a pastu accipitrorum meorum, quam

etiam venatorum omnium, vel a pastu equorum meorum omnium, sive

ministrorum eorum. Quid plura, ab omni illa incommoditate Æfres et

Cumfeorme, nisi istis causis quas hic nominamus: praecones si trans mare

venirent ad regem venturi, vel nuncii de gente Occidentalium Saxonum vel

de gente Northanhymbrorum, si venirent ad horam tertiam diei vel ad

medium diem, dabitur illis prandium; si venirent super nonam horam, tunc

dabitur eis noctis pastum, et iterum de mane pergent in viam suam[540].”

-----

Footnote 540:

Ibid. No. 261, an. 848.

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“Et illam terram iii manentium in Beonetlege, in occidentale plaga

Saebrine etiam liberabo a pascua porcorum re[g]is, quod nominamus

Fearnleswe[541].”

-----

Footnote 541:

Ibid. No. 277, an. 855.

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“Liberabo illud a pastu et ab refectione omnium ancipitrum et falconum

in terra Mercensium, et omnium venatorum regis vel principis, nisi

ipsorum tantum qui in provincia Hwicciorum sunt; etiam similiter et a

pastu et refectione illorum hominum quos Saxonice nominamus Wælhfæreld,

⁊ heora fæsting, ⁊ ealra Angelcynnes monna, ⁊ ælþeódigra rǽdefæstinge,

tam nobilium quam ignobilium[542].”

-----

Footnote 542:

Ibid. No. 278, an. 855.

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In 875, Ceólwulf, the intrusive king of Mercia, freed all the bishopric

of Worcester, “tota parochia Hwicciorum,”—in other words all the

churches belonging to it,—from the “pastus equorum regis,” and their

keepers[543].

-----

Footnote 543:

Cod. Dipl. No. 306, an. 875.

Many of the instances we meet with, both in England and upon the

Continent, are those of churches or monasteries: this is natural,

inasmuch as the clergy were most likely to obtain and record these

exemptions. But how, it may be asked, did it happen that such exemptions

were necessary? It seems to me that, when Christianity was introduced,

and folcland was granted for the erection or the endowment of a church,

the burthens were not always discharged; and that the piety of later

times was occasionally appealed to, to remedy the carelessness or alter

the policy of early founders.

Folcland may be considered the original and general name of all estates

save the hlot, _sors_ or alód of the first markmen: the whole country

was divided into Folclands, containing one or more hides, subject to

folcriht or the public law,—and hence having no privilege or immunity of

any sort; in many instances where Beda uses _terra unius tributarii_,

_terra familiae unius_, and similar expressions, he can only mean to

denote separate and distinct portions of folcland, and the words of

Ælfred’s translation imply the same thing.

The power of disposal over this land lay in the nation itself, or the

state; that is, in the king and his witan; but in what way, or by what

ceremonies, it was conferred, we no longer know. Still there is great

probability that it was done by some of those well-known symbols, which

survived both at home and abroad in the familiar forms of livery of

seisin,—by the straw, the rod or yard, the _cespes viridis_ and the

like[544]. We may however distinctly assert that it was not given by

book or charter, inasmuch as this form was reserved to pass estates

under very different circumstances.

-----

Footnote 544:

Perhaps in a case of this sort, even Ingulf may be trusted: he tells

us, with some reference however to the Norman forms of livery, with

which he was familiar, “Conferebantur etiam primo multa praedia nudo

verbo, absque scripto vel charta, tantum cum domini gladio, vel galea,

vel cornu, vel cratera; et plurima tenementa cum calcari, cum

strigili, cum arcu, et nonnulla cum sagitta.” Hist. Croyl. p. 70.

-----

The very fact that folcland was not the object of a charter causes our

information respecting it to be meagre: it is merely incidentally and

fortuitously that it is mentioned in those documents from which we

derive so much valuable insight into the antiquities of Saxon England.

But even from them we may infer that it was not hereditary.

Towards the end of the ninth century, Ælfred, who appears to have been

ealdorman or duke of Surrey, devised his lands by will. He left almost

all his property to his daughter; and to his son Æðelwald (perhaps an

illegitimate child,) he gave only three hides of hereditary land,

bócland, expressing however his hope that the king would permit his son

to hold the folcland he himself had held. But as this was uncertain, in

order to meet the case of a disappointment, he directed that if the king

refused this, his daughter should choose which she would give her

brother, of two hereditary estates which he had devised to her[545].

-----

Footnote 545:

Cod. Dipl. No. 317.

-----

Again, shortly before the Conquest, we find Abbot Wulfwold thus

informing Gisa bishop of Wells, Ægelnoð the abbot, Tofig the sheriff,

and all the thanes in Somerset[546]:

“Eádweard the king, my lord, gave me the land at Corfestige which my

father held, and the four farms at Æscwíc, and the fields of meadow-land

thereunto belonging, and in wood and field so much that I had pasture

for my cattle and the cattle of my men; and all as free in every respect

as the king’s own demesne, to give or sell, during my day or after my

day, to whomsoever it best pleases me.”

-----

Footnote 546:

Members of the scírgemót or county-court: hence the instrument is of a

solemn and legal description. Cod. Dipl. No. 821.

-----

In both these cases it is clear that the land was holden as a benefice;

that the tenant had only a life interest, which Wulfwold however

succeeded in converting into a _fee_.

As the State were the grantors, so also there appears to have been no

restriction as to the persons of the grantees. Of course this does not

include serfs, or others below the degree of freemen; although an

emancipated serf may sometimes have been provided with an estate of

folcland, by general donation. But there is no reason to doubt that

every other class might obtain grants of folcland. Those of a duke and

of various bishops have been mentioned; Wulfwold’s father was probably,

at least a thane. But even the king himself could and did hold land of

this description. The boundary of an estate is said to run to the king’s

folcland; “ab occidente Cyninges folcland quod habet Wighelm et

Wulfláf[547].”

-----

Footnote 547:

Cod. Dipl. No. 281.

-----

At a very early period however it became a practice to carve hereditary

estates out of the folcland, which thus became the private property of

the individual, and could by him be given, sold, or devised at his

pleasure; by which the reversion to the state was defeated, and the

common stock insofar diminished. It was also usual to release such land

from all the dues which had previously been rendered from it, and to

make it absolutely free[548], with the exception of the three services

which were inevitably incident to all landed possession, and which are

consequently known by the names of _Communis labor_, _Generalis

incommoditas_, _Onus inevitabile_, _Trinoda necessitas_, and similar

expressions. These estates were always granted by book or charter, and

hence bore the name of bócland: and it is questionable whether the two

descriptions did not, at a very early period, comprise all the land in

England, as the families of the first allodial possessors died out, and

their possessions either reverted to the state, or became alienated

under circumstances which included them in the category of bócland.

-----

Footnote 548:

Hence a free hide, _hida libera_, is properly called “án hiwisc

ægefæles landes,” a hide of land that pays no gafol or tax. Cod. Dipl.

No. 1070.

-----

We learn that the pretext upon which these conversions of folcland into

bócland were made at first, was the erection and endowment of a

religious house upon the land, by the grantee; and we also learn that

sometimes the conversion was made, the thane presented with the estate,

but the church or monastery not constructed. Soon after the introduction

of Christianity into Northumberland, it appears indeed to have been

customary to grant much greater privileges and immunities to

church-lands than were found advisable at a later period, or than seem

to have been permitted in the provinces south of the Humber. It stands

to reason that there could be no reversion in lands granted to a

corporation: hence folcland which had been presented to a church assumed

what may be called a hereditary character[549], and could only lapse by

total destruction of the particular body,—a circumstance which could

obviously never be contemplated, but which did actually occur during the

civil wars, internal dissensions and foreign invasions, which gradually

changed the face of the whole country[550]. But the lands which the

Northumbrian princes devoted to pious purposes, were most likely

relieved from all burthens whatsoever: we have conclusive evidence that

even military service was excused in that district before the time of

Beda. In all probability, it was not suspected how much the defences of

the country might become impaired by grants of the kind. The passages

already cited from Beda’s epistle to Ecgberht may be adduced in

corroboration of these assertions, but we have more direct evidence in

his history[551]. Oswiú on his conversion placed his daughter Eánflǽd in

the convent presided over by Hild, and with her he gave twelve estates,

“possessiunculae terrarum,” most likely folcland, each estate comprising

ten hides; in which, Beda continues, “Ablato studio militiae terrestris,

ad exercendam militiam coelestem locus facultasque suppeteret,”—or as

the Saxon translator expresses it, “Those twelve bóclands he freed from

earthly warfare and earthly service, to be employed in heavenly

warfare.” It is very clear that the duties of military service were

removed in this case, and that religious warfare was to be the

destination of those that held the lands. Similarly when Benedict Biscop

decided upon devoting himself to a monastic life, he surrendered his

lands to the king[552]. These must obviously have been folcland, the

retaining of which he considered impossible, under the circumstances;

and which, not being his own, he could not take with him into a

monastery: “despexit militiam cum corruptibili donativo terrestrem, ut

vero regi militaret;” and these words of Beda clearly show how we are to

understand what he says of Oswiú's grant to Whitby.

-----

Footnote 549:

Land is sometimes called Bishop-land, which I imagine to be the legal

designation of this particular estate.

Footnote 550:

This was the case with Peterborough, Ely and other ancient foundations

restored in the time of Eádgar. He himself says of Ely: “Nú wæs se

hálga stede yfele forlæten mid læssan þæówdóme ðonne ús gelícode nú on

úrum tíman, and eác wæs gehwyrfed ðám cyninge tó handa, ic cweðe be me

silfum.” Cod. Dip. No. 563.

Footnote 551:

Hist. Eccl. iii. 24.

Footnote 552:

Bed. Vit. Sci. Bened. § 1. (Op. Minor, ii. 140.)

-----

The gaining of a hereditary character for lands, and especially the

relief from heavy dues, were advantages which might speedily arouse the

avarice and stimulate the invention even of barbarians. Accordingly

those who could gain access to the ear of the king and his witan,

bought, or begged or extorted grants of privileged land, which they

either converted entirely into private estates, or upon which they

erected monasteries, nominally such: and over these, which they filled

with irregular and often profligate monks, they assumed the jurisdiction

of abbots; with such little advantage to the service of religion, that

we have seen Beda describe them as a public scandal, and recommend even

the desperate remedy of cancelling, by royal and episcopal authority,

the _privilegia_ or charters on which their immunities reposed.

To the growing prevalence of this fraud we probably owe it that, at

least in Wessex, the custom arose of confiscating land on which the

conditions of the grant had not been fulfilled. Thus Ini called in the

lands which Cissa had granted to Hean the abbot and Cille the abbess,

his sister, because no religious buildings had been erected thereon:

“Sed Ini rex eandem terram, postea dum regno potiretur, _diripiens ac

reipublicae restituit_, nondum constructo monasterio in ea, nec ullo

admodum oratorio erecto[553];” that is, as I understand it, folcland

they had been, and folcland they again became. But even this did not

meet all the exigencies of the case, and it therefore probably became

necessary, even in bócland granted to the church, to reserve the

military and other services, which the clergy could cause to be

performed by their own dependent cultivators or tenants, even if they

were not compelled to serve themselves,—a point which is by no means

clear[554].

-----

Footnote 553:

Cod. Dipl. No. 46.

Footnote 554:

“Quam videlicet terram Alhmundus abbas, expeditionem subterfugiens,

mihi reconciliationis gratia dabat.” Cod. Dipl. No. 161.

-----

A majority of the documents contained in the Codex Diplomaticus Ævi

Saxonici are conversions of folcland into bócland, or confirmations of

such conversions. They almost universally contain a clause declaring or

_proclaiming_—such is the technical word for this important public act,

by which prince and king, ealdorman and sheriff, were at once made

strangers to the land—the estate free from every burthen save the

inevitable three; a clause giving the fullest hereditary possession, and

the power to dispose of it by will at the testator’s pleasure; and

finally a clause stating that this is done by the authority of the king,

with the advice, consent and license of his Witan or counsellors. They

remain therefore to the last important public acts, and are, I believe

universally, to be considered acts of the assembled Witena-gemót or

great council of the nation[555]. And as by their authority folcland

could be converted into bócland, so it appears could the reverse take

place; and a change in the nature of two estates is recorded[556], where

the king gave five ploughlands of folcland for five of bócland, and then

made the folcland bócland, the bócland folcland.

-----

Footnote 555:

See hereafter the chapter which treats of the Witan and their powers.

Book ii. ch. 6.

Footnote 556:

Cod. Dipl. No. 281.

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In this general spoliation it is to be supposed that the kings would not

omit to share: accordingly we find them causing estates to be booked to

them by their witan; which estates, when thus become their private and

heritable property, they devise and deal with at their pleasure: and

indeed, as the king’s consent was necessary to all such conversions, he

was much better able to obtain that of his witan in his own case, than

bishops, thanes or others were in their cases: these generally found

themselves compelled to pay handsomely for the favour they required.

With respect to ecclesiastical lands, we frequently find a loss of very

large estates submitted to, in order to secure freedom to what remained.

There are also a few instances in which lands having descended,

encumbered with payments, the owners engage some powerful noble or

ecclesiastic to obtain their freedom,—that is, to persuade the witan

into abolishing the charges. The gratuity offered to the member whose

influence was to carry these ancient private acts of parliament, is

often very considerable. Towards the closing period of the Anglosaxon

polity, I should imagine that nearly every acre of land in England had

become bócland; and that as, in consequence of this, there was no more

room for the expansion of a free population, the condition of the

freemen became depressed, while the estates of the lords increased in

number and extent. In this way the ceorlas or free cultivators gradually

vanished, yielding to the ever growing force of the noble class,

accepting a dependent position upon their bócland, and standing to right

in their courts, instead of their own old county gemótas; while the

lords themselves ran riot, dealt with their once free neighbours at

their own discretion, and filled the land with civil dissensions which

not even the terrors of a foreign invasion could still. Nothing can be

more clear than that the universal breaking up of society in the time of

Æðelred had its source in the ruin of the old free organization of the

country. The successes of Swegen and Cnut, and even of William the

Norman, had much deeper causes than the mere gain or loss of one or more

battles. A nation never falls till “the citadel of its moral being” has

been betrayed and become untenable. Northern invasions will not account

for the state of brigandage which Æðelred and his Witan deplore in so

many of their laws. The ruin of the free cultivators and the overgrowth

of the lords are much more likely causes. At the same time it is even

conceivable that, but for the invasions of the ninth and tenth

centuries, the result which I have described might have come upon us

more suddenly. The sword and the torch, plague, pestilence and famine

are very effectual checks to the growth of population, and sufficient

for a long time to adjust the balance between the land and those it has

to feed.

An estate of bócland might be subject to conditions. It was perhaps not

always easy to obtain from the Witan all that avarice desired:

accordingly we sometimes find limitations in grants, to a certain number

of lives with remainders and reversions. And it was both law and custom

not only that the first acquirer might impose what conditions he pleased

upon the descent of the estate, but that to all time his expressed will

in that respect should bind those who derived their title from him[557].

Ælfred requires his Witan, who are the guarantees and administrators of

his will, to see that he has not violated the disposition of his

ancestors by leaving lands to women which had been entailed on the male

line, and _vice versâ_[558]; and we have cases of grants solemnly

avoided for like want of conformity. More questionable in point of

principle is the right attempted to be set up by some of these

purchasers, to bar escheat and forfeiture of the land upon felony of

their heirs or devisees.

-----

Footnote 557:

Leg. Ælfr. § 41.

Footnote 558:

Cod. Dipl. No. 314.

-----

It is to be presumed that a tenant of folcland was permitted to let the

same,—upon condition no doubt that he conveyed no estate superior to his

own. The holders must have been allowed to place poor settlers upon

their estates, whose rents and services, in labour and kind, would be

important to their own subsistence. Of course in bócland no limitation

could be thought of; it was the absolute, inheritable property of the

purchaser, and he could in general dispose of it as freely as if it were

alod itself. But there seems no reason to doubt that much the same

course was adopted in both descriptions of estate; the folcland being

held beyond question for term of life, at every period of which our

history takes cognizance, whatever may have been the case at first. A

portion called the inland, or _dominium_, _demesne_, was reserved for

the lord’s homestead, house and farms, and the dwellings of his serfs,

esnes, læts, and other unfree and poor dependents. This was cultivated

for him by their industry, and he repaid their services by protection,

food, clothing, and small perquisites, all of which now pass under the

general name of wages[559]. On the upland and in the forests, sometimes

his own, sometimes subject only to his rights of common, they tended his

sheep, oxen and steeds at the fold, or his swine in the mast, lying out

during the appointed season of the year[560], or within the circuit of

his own inclosures they exercised such simple manufactures as the

necessities of the household required. The spinner and weaver, the

glove- or shoemaker, the smith and carpenter, were all parts of the

family. The butter and cheese, bread and bacon, were made at home; the

beer was brewed and the honey collected by the household. The remainder

of the land the owner leased on various conditions to men who had no

land; demanding in return for that commodity, indispensable in a country

which has not yet learnt to manufacture, rents paid in kind, in labour,

and even in money. This labour-rent, yet called _robot_ in Slavonic

countries, as well as the other dues, naturally varied in various

districts, partly with the importance of land[561], to the cultivator,

and the value of its produce to the owner. And at last political motives

may have had some weight, when the number and condition of a man’s

dependents might affect his own influence and position in the state: but

in general we shall be justified in saying that land was very valuable,

and the conditions on which it was to be obtained harsh and

onerous[562]. Such land, whether in large or in small portions, whether

leased on long or short terms, large or small rents, was called by the

common name of Lǽn, or loan[563]. It was considered to be lent; and

where the lǽn was on folcland, it is obvious that no certain time could

be assigned, and that the after-tenant could have only a tenancy at

will. In any case it was reasonable that misconduct in the holder, which

would have entailed upon him the forfeiture of his own real property,

should not be permitted to interfere with the rights of the reversioner:

lǽnland therefore could not be taken from the owner, for the crime of

the tenant. In the year 900 a certain Helmstán was guilty of theft, and

the sheriff seized all his chattels to the king: and Ordláf entered upon

the land, “because it was his lǽn that Helmstán sat on: that he could

not forfeit[564].” A similar principle prevailed in grants for lives,

especially where ecclesiastical corporations were the grantors and

reversioners; and which, though to a certain extent they conveyed

estates of bócland, gave, strictly speaking, lǽn or beneficiary

tenures[565]. But as the clergy were not always quite sure of meeting

with fair treatment, we find them not unfrequently introducing into

their instruments a provision that no forfeiture shall be valid against

their rights; this, from the great strictness with which the provisions

of a book or charter were always construed, and in general from the fear

of violating what had been confirmed by the signature of the cross and

the threat of eternal punishment, may have had some effect. In such

cases it may be presumed that the guilt of the grantee entirely

cancelled the grant; the remaining lives, if any, losing the advantage

which they derived through the grantee; forfeiture really taking effect,

but for the benefit of the grantor, not the civil power[566]. The tenant

of lǽnland, who by his services acquired the good will of the lord,

might hope to have his tenure improved, if not into an absolute

possession of bócland, yet into one for his own or more lives. In a

translation of St. Augustine of Hippo’s Soliloquia, attributed like so

many other things to Ælfred of Wessex, there occurs this passage[567]:

-----

Footnote 559:

Wages of course need not comprise money, or be the result of a compact

between free parties. We pay a slave wages, though no _penny fee_. It

is a different question whether it is advisable that labourers should

be slaves: the Anglosaxons had their peculiar views on that subject,

which we are not to discuss now.

Footnote 560:

“Alio quoque tempore, in adolescentia sua, dum adhuc esset in populari

vita, quando in montanis iuxta fluvium, quod dicitur Leder, cum aliis

pastoribus, pecora domini sui pascebat,” etc. Anon. Cuðberht, cap. 8.

(Beda, Op. Min. ii. 262.) “Contigit eum remotis in montibus

commissorum sibi pecorum agere custodiam.” Beda, Cuðb. c. 4. Op. Min.

ii. 55. The Hungarian Salas on the Pusta is much the same thing, at

the present day.

Footnote 561:

The “Rectitudines Singularum Personarum” inform us that they were very

different in different places, which necessarily would be the case. We

can imagine that a butsecarl or fisherman of Kent was not so anxious

to have a holding as a peasant in Gloucestershire.

Footnote 562:

Even in the eighth century Ini found it necessary to enact, that if a

man took land on condition of gafol or produce-rent, and his lord

endeavoured to raise his rent also to service, he need not abide by

the bargain, unless the lord would build him a house: and he was, in

such a case, not to lose the crop he had prepared. Ini, § 67. Thorpe,

i. 146.

Footnote 563:

The transitory possessions of this life were often so described, in

reference to the Almighty: “ða ǽhta ðe him God álǽned hæfð.” Cod.

Dipl. No. 699. A lǽn for life, even though guarded by a very detailed

bóc or charter, is distinctly called _beneficium_ by the grantee,

Æðelbald of Wessex. Cod. Dipl. No. 1058.

Footnote 564:

Cod. Dipl. No. 328.

Footnote 565:

Thus Ealhfrið bishop of Winchester (871-877) making a grant for lives

to duke Cúðred, properly calls it a lǽn: “Ealferð ⁊ ða higan habbað

gelǽned,” etc. Cod. Dipl. No. 1062. They reserved ecclesiastical, but

no secular dues.

Footnote 566:

Oswald’s grants generally contain a special clause to that effect: see

Cod. Dipl. Nos. 494, 495, 506, 507, 509, 511, 529, 531, 538, 540, 552.

Footnote 567:

MS. Cott. Vitel. A. xv. fol. 2. “Ac ǽlcne man lyst, siððan he ǽnig

cotlif on his hláfordes lǽne mid his fultume getimbred hæfð, ðæt he

hine móte hwílum ðǽron gerestan, ⁊ huntigan, ⁊ fuglian ⁊ fiscan, ⁊ his

on gehwylicwísan tó ðǽre lǽnan tilian, ǽgðer ge on sǽ ge on lande, oð

oð ðone fyrst ðe he bócland ⁊ éce yrfe þurh his hláfordes miltse

ge-earnige.” Whether land so put out was called earningland, I will

not affirm; but at the close of a grant for three lives I find this

memorandum: “Two of the lives have fallen in; then Eádwulf took it,

and granted it to whomsover he would as earningland.” Cod. Dipl. No.

679. Cotlif seems in other passages to denote small estates not

necessarily on lǽn. The Saxon Chronicle, an. 963, for example uses

that term of the lands which Æðelwold gave to Ely, after purchasing

them of the king. This it is clear he could not have done, had they

been on any person’s lǽn. Were they not perhaps settlements of

unlicensed squatters who had built their cottages on the king’s waste

and deserted lands—the old Mark—in the isle of Ely and Cambridgeshire?

But again the Chronicle, an. 1001, speaks of the hám or vill at

Waltham, _and many other cotlifs_.

-----

“But it pleaseth every man, when he hath built himself some cottage upon

his lord’s lǽn, with his assistance, for a while to take up his rest

thereon, and hunt, and fowl and fish, and in divers ways provide for

himself upon the lǽn, both by sea and land, until the time when by his

lord’s compassion he can earn a bócland and eternal inheritance.”

And instances occur in more formal documents. In 977, Oswald, Archbishop

of York and Bishop of Worcester, made a grant of three hides at

Teddington, for three lives, to Eádríc his thane, with reversion to

Worcester: “Now there are three hides of this land which Archbishop

Oswald booketh to Eádríc his thane, both near town and from town, even

as he before held them as lǽnland[568].”

-----

Footnote 568:

Cod. Dipl. Nos. 617, 651.

-----

In another grant of the same prelate, between 972-992, made to his

_client_ Ælfsige, of a dwelling in Worcester city, for three lives, he

adds, “Also we write [or book] to him the croft appurtenant to that

tenement, which lies to the east of Wulfsige’s croft; that he may hold

it in as large measure, for bócland, as he before held it for

lǽnland[569].”

-----

Footnote 569:

Ibid. No. 679.

-----

In 977, the same convent at Worcester booked three hides for three lives

to the monk Wynsige, even as his father had held them[570]; and in

978-992, they gave to Goding the priest, also for three lives, the

tenement which he himself had without the city gate[571]. In both these

cases lǽn appears to have been converted into estate for successive

lives.

-----

Footnote 570:

Ibid. No. 616.

Footnote 571:

Ibid. No. 683.

-----

Where there was lǽn, there could properly be no book, because the

possession of the charter itself was _prima facie_ evidence (indeed

nearly conclusive evidence) in favour of the holder. Hence, where from

any circumstance the books were withheld, the tenant had only a lǽn:

this was the case with Helmstán’s estates mentioned above: he had

deposited his charters with Ordláf as a security on an occasion when

this duke helped him to make oath to some property. On Helmstán’s

felony, Ordláf seized the land to himself, and the document from which

we learn this is obviously his appeal to Ælfred’s son and successor,

against an attempt to disturb Helmstán’s original title, under a

judgment given by Ælfred. Nor was it unusual for books to be thus

retained as securities, by which the tenant having only a lǽn could be

evicted, if not at pleasure, at least by legal process[572]. And the

same remarks apply to a very common mode of disposing of estates, where

the clergy were grantees. Either to avoid litigation with justly

exasperated heirs, or to escape from the commands of various synods, the

clergy used to take deeds of gift from living tenants, impounding the

books of course, and leaving the life-interest only to the owner. Such

an estate in technical Latin was named _praestaria_; but it was

obviously a lǽn, and was generally charged with recognitory

payments[573].

-----

Footnote 572:

See the case of the estate at Cowling, in the trial between Queen

Eádgyfu and Goda. Cod. Dipl. No. 499.

Footnote 573:

Examples of this are found in Cod. Dipl. Nos. 429, 754, 1351, 1354, §

6.

-----

It may not be uninteresting, before I close this chapter, to give some

examples of the gafol or rent paid upon lands whether held for lives, or

as, more strictly, lǽnland. They are extremely valuable from the insight

they give into the details of social life, and the daily habits of our

forefathers.

Twenty hides of land at Sempringham were leased by Peterborough to

Wulfred for two lives, on condition of his getting its freedom, and that

of Sleaford (both in Lincolnshire): upon this estate the following

yearly rent was reserved. First, to the monastery: two tons of bright

ale, two oxen, fit for slaughter, two _mittan_ or measures of Welsh ale,

and six hundred loaves. Secondly to the abbot’s private estate: one

horse, thirty shillings of silver or half a pound, one night’s _pastus_,

fifteen _mittan_ of bright and five of Welsh ale, fifteen _sesters_ of

mild ale[574].

-----

Footnote 574:

Cod. Dipl. No. 267. an. 852. The mitta and other measures are unknown.

However the sester of corn was one horse-load (Hen. Hunt. lib. vi. an.

1044); _quære_, What he could carry, or what he could draw? In the

middle of the eleventh century, the sester of honey was thirty-two

ounces. Cod. Dipl. No. 950.

-----

A little earlier, Oswulf, a duke in Kent, devised lands to Christchurch

Canterbury, which he charged with annual doles to the poor upon his

anniversary. Forty hides at Stanhampstead were to find one hundred and

twenty loaves of wheat, thirty loaves of fine wheat[575], one fat ox and

four sheep, two flitches of bacon, five geese, ten hens, and ten pounds

of cheese. If it fell on a fast-day, however, there was to be (instead

of the meat) a _wey_ of cheese, and fish, butter, eggs _ad libitum_.

Moreover, thirty ambers of good Welsh ale, on the footing of fifteen

_mittan_, and one _mitta_ of honey (perhaps to make into a drink) or two

of wine. From his land at Burnan were to issue one thousand loaves, and

one thousand raised loaves or cakes; and the monks themselves were to

find one hundred and twenty more of the latter[576].

Footnote 575:

They are called _clean_. These probably were made of flour passed

oftener through the boulter. The common loaf had no doubt still much

bran in it, and answers to our _seconds_. But it is probable that

bread was generally made of rye.

Footnote 576:

Cod. Dipl. No. 226. an. 805-831. The sufl-loaf which I have translated

_raised_, is I presume derived from the word _sufflare_, and was

probably carefully leavened. We unhappily have not the Anglosaxon

receipt for beer; but I presume the text implies that fifteen

_mittan_, whatever they were, of malt were to go to the amber.

Oswulf’s character for splendid liberality will induce us to believe

that he meant the monks to have an _Audit_ ale of their own, as well

as our worthy Fellows of Trinity College Cambridge.

-----

Werhard gave two juga or geoc of land to Canterbury. The rent of one at

Lambahám was forty _pensas_ (weys) of cheese, or an equivalent in lambs

and wool; the other, at Northwood, rendered one hundred and twenty

measures, which the English call ambers, of salt[577].

-----

Footnote 577:

Cod. Dipl. No. 220. an. 832.

-----

Lufe, in 832, charged the inheritors and assigns of her land at

Mundlinghám, with the following yearly payment to Canterbury, for ever;

that is to say: Sixty ambers of malt, one hundred and fifty loaves,

fifty white loaves, one hundred and twenty alms-loaves, one ox, one hog

and four wethers, two weys of bacon and cheese, one mitta of honey, ten

geese and twenty hens[578].

-----

Footnote 578:

Ibid. No. 231.

-----

In 835, Abba, a reeve in Kent, charged his heirs with a yearly payment

to Folkstone, of fifty ambers of malt, six ambers of groats (gruta?),

three weys of bacon and cheese, four hundred loaves, one ox, and six

sheep, besides an allowance or stipend in money to the priests[579]. And

Heregyð, his wife, farther burthened her land at Challock with payments

to Canterbury, amounting to: thirty ambers of ale, three hundred loaves,

fifty of them white, one wey of bacon and cheese, one old ox, four

wethers, and one hog, or six wethers, six geese and ten hens, one sester

of honey, one of butter, and one of salt; and if her anniversary should

fall in winter, she added thirty wax-lights[580].

-----

Footnote 579:

Ibid. No. 235.

Footnote 580:

Cod. Dipl. No. 235.

-----

In 902, Bishop Denewulf leased fifteen hides of church-land at Eblesburn

to his relative Beornwulf for forty-five shillings a year, with liberty

to Beornwulf’s children to continue the lease. One shilling (sixty of

which went to the pound) is so very small a rent for ten acres, that we

must either suppose the land to have been unusually bad, or Beornwulf’s

connection with the bishop much in his favour[581]. He was also to aid

in cyricbót, and pay the cyric-sceat. About the same time Denewulf

leased forty hides at Alresford to one Ælfred, at the old rent of three

pounds per annum, or four shillings and a half per hide. He was however

also to pay _church-shot_, the amount of which is not stated, and to do

_church-shot-work_, and find men to the bishop’s reaping and

hunting[582].

-----

Footnote 581:

Ibid. No. 1079.

Footnote 582:

Ibid. No. 1086. In both cases the rent is called gafol.

-----

Between 901-909, king Eádweard booked twenty hides of land to Bishop

Denewulf. The payments reserved have been already mentioned: instead of

going to the king as gafol or rent, they were to be expended in an

anniversary feast on founder’s day. I have already stated that this may

be the old charge on folcland: it was a grant from the monks to the

bishop, probably negotiated by Eádweard. All parties were satisfied: the

monks probably got from the land as much as they could expect from any

other tenant, or what, if folcland, they would themselves have had to

pay; the bishop got the land into his own hands, to dispose of at his

pleasure, and the king was rewarded for intervention with all the

benefits to be derived on his anniversary from the prayers of the

grateful fathers at Winchester.

At the close of the ninth century, Werfrið bishop of Worcester claimed

land under the following circumstances. Milred a previous bishop had

granted an estate in Sopbury, on condition that it was to be always held

by a clergyman, and never by a layman, and that if no clergyman could be

found in the grantee’s family, it should revert to the see. By degrees

the family of the grantee established themselves in the possession, but

without performing the condition. At length Werfrið impleaded their

chief Eádnóð, who admitted the wrong and promised to find a clergyman.

The family however all refused to enter into holy orders. Eádnóð then

obtained the intercession of Æðelred duke of Mercia, the lady Æðelflǽd,

and Æðelnóð duke of Somerset; and by their persuasion, Werfrið (in

defiance of his predecessor’s charter) sold the land to Eádnóð for forty

mancuses, reserving a yearly rent of fifteen shillings, and a vestment

(or perhaps some kind of hanging) to be delivered at the episcopal manor

of Tetbury[583].

-----

Footnote 583:

Cod. Dipl. No. 327.

-----

Ealdwulf bishop of Worcester leased forty acres of land and a fishery

for three lives to Leofenað, on condition that they delivered yearly

fifteen salmon, and those good ones too, during the bishop’s residence

in Worcester, on Ashwednesday[584].

-----

Footnote 584:

Ibid. No. 695. I have rendered “forme fæstenes dæg” as if it were

_Caput jejunii_.

-----

Eádríc _gafeled_ (gafelian), i. e. paid yearly rent or gafol for two

hides with half a pound, or thirty shillings, and a _gare_, a word I do

not understand[585].

-----

Footnote 585:

Ibid. No. 699.

-----

In 835, the Abbess Cyneware gave land to Hunberht, a duke, on condition

that he paid a _gablum_, gafol or rent of three hundred shillings in

lead yearly to Christchurch Canterbury[586].

-----

Footnote 586:

Ibid. No. 1043.

-----

The ceorlas or dependent freemen who were settled upon the land of

Hurstbourn in the days of Ælfred, had the following rents to pay; many

of these are labour rents, many arise out of the land itself, viz. are

part of the produce.

From each hide, at the autumnal equinox, forty pence. Further they were

to pay, six church-mittan of ale, and three sesters or horseloads of

white wheat. Out of their own time they were to plough three acres, and

sow them with their own seed, to house the produce, to pay three pounds

of gafol-barley, to mow half an acre of gafolmead and stack the hay, to

split four foðer orloads of gafolwood and stack it, to make sixteen rods

of gafol-hedging[587]. At Easter they were further to pay two ewes and

lambs, two young sheep being held equivalent to one old one: these they

were to wash and shear out of their own time. Lastly, every week they

were to do any work which might be required of them, except during the

three weeks, at Christmas, Easter and the Gangdays[588].

-----

Footnote 587:

Gafolbære, gafolmǽd, gafolwidu, gafoltúning. The Saxons knew well

enough that all these things were _rent_; and all land put out upon

rent of any kind was gafolland, gafolcund or _gavelkind_ land.

Footnote 588:

Cod. Dipl. No. 1077.

-----

The following customs and payments are recorded in various manors: some

of the words I cannot translate. “In Dyddanham there are thirty hides;

nine of these are inland (demesne), twenty-one are let[589]. In Stræt

are twelve hides, twenty-seven yards of gafolland; and on the Severn

there are thirty cytweras[590]. In Middleton are five hides, fourteen

yards of gafolland, fourteen cytweras on the Severn, and two hæcweras on

the Way. At Kingston there are five hides, thirteen yards of gafolland,

and one hide above the ditch which is now also gafolland, and that

without the ham[591], is still in part inland, in part let out on rent

to the ship-wealas[592]: to Kingston belong twenty-one cytweras on the

Severn, and twelve on the Way. In Bishopstún are three hides, and

fifteen cytweras on the Way: in Lancawet are three hides, two hæcweras

on the Way, and two cytweras.

“Throughout that land each yardland pays twelve pence, and four

alms-pence: at every weir within the thirty hides, every second fish

belongs to the landlord, besides every uncommon fish worth having,

sturgeon or porpoise, herring or sea-fish; and no one may sell any fish

for money when the lord is on the land, until he have had notice of the

same. In Dyddenham the services are very heavy. The geneát must work, on

the land or off the land, as he is commanded, and ride and carry, lead

load and drive drove, and do many things beside. The gebúr must do his

rights; he must plough half an acre for week-work, and himself pay the

seed in good condition into the lord’s barn for _church-shot_, at all

events from his own barn: towards _werbold_[593], forty large trees[594]

or one load of rods; or eight _geocu_ build[595], three _ebban_ close:

of field enclosure fifteen rods, or let him ditch fifteen; and let him

ditch one rod of burg-enclosure; reap an acre and a half, mow half an

acre; work at other works ever according to their nature. Let him pay

sixpence after Easter, half a sester of honey at Lammas, six sesters of

malt at Martinmas, one clew of good net yarn. In the same land it is

customary that he who hath seven swine shall give three, and so forth

always the tenth, and nevertheless pay for common of masting, if mast

there be[596].”

-----

Footnote 589:

_Geset land_ I have rendered by set out or let; as land is afterwards

said to be set out to rent, tó gafole gesett.

Footnote 590:

The cytweras and hæcweras were weirs or places for taking fish, but I

cannot distinguish their nature. The names would induce us to think

the former were shaped like a modern eel-trap, the latter were formed

with a slat or hatch.

Footnote 591:

An enclosure on the water. See Cod. Dipl. iii. p. xxvii.

Footnote 592:

Welsh navigators.

Footnote 593:

Werbold, the construction of the weir or place for catching fish.

Footnote 594:

Mǽra, of large wood in opposition to rods?

Footnote 595:

Let him build eight _yokes_ in the weir, and close three _ebban_. What

these geocu and ebban are, I cannot say.

Footnote 596:

Cod. Dipl. No. 461.

-----

Unquestionably these are heavy dues, and much aggravated by the

circumstances of the estate or yardland being but small, the tenant born

free, and some of the services uncertain. I shall conclude this chapter

with a few lines translated from that most valuable document called

“Rectitudines singularum personarum[597];” as far as the cases of the

Geneát, Cotsetla and Gebúr are concerned[598]. First of the Geneát or

comrade.

“The Geneát-right is various, according to the custom of the land. In

some places he must pay landgafol, and a grass-swine yearly; ride and

carry, lead load; work and feed his lord[599]; reap and mow; hew

deer-hedge and hold _sæte_[600]; build and enclose the burh [or

mansion]; make new roads to the farm; pay church-shot and alms-fee; hold

headward and horseward; go on errand, far or near, whithersoever he is

directed.” This is comparatively free, and it is only to be regretted

that we do not know what amount of land in general could be obtained at

such a rent. We next come to the Cotsetlan, whom Ælfred in a passage

already cited states to be on lǽnland, and who are obviously poor

freemen, suffered to settle on the lord’s estate.

“The Cotsettler’s right is according to the custom. In some places he

must work for the lord, every Monday throughout the year; or three days

every week in harvest; he need pay no landgafol. He ought to have five

acres; more if it be the custom. And if it be less, it is all too

little, for his service is often called upon. He must pay his

hearth-penny on holy Thursday[601] as it behoves every freeman to do;

and he must acquit[602] his lord’s inland, on summons, at seaward and at

the king’s deer-hedge[603]; and at such things as are in his competence:

and let him pay his church-shot at Martinmas.

“The customs of the Gebúr are very various; in some places they are

heavy, but in some moderate. In some places it is usual that he shall do

two days week-work, whatever work may be commanded him, every week

throughout the year; and three days week-work in harvest, and three from

Candlemas to Easter. If he carries[604], he need not work himself as

long as his horse is out. He must pay at Michaelmas ten gafol-pence, and

at Martinmas twenty-three sesters of barley, and two hens[605]; at

Easter one young sheep or two pence; and he shall lie out from Martinmas

till Easter at the lord’s fold[606]; and from the time when the plough

is first put in till Martinmas, he shall plough one acre every week, and

make ready the seed in the lord’s barn: moreover three acres on request,

and two of grass-ploughing[607]. If he require more grass, let him earn

it on such conditions as he may. For his rent-ploughing [gafolyrð] he

shall plough three acres and sow them from his own barn; and pay his

hearth-penny; and two and two shall feed one stag-hound; and each gebúr

shall give six loaves to the inswán [that is, the swain or swineherd of

the demesne] when he drives his herds to the mast. In the same land

where these conditions prevail, the gebúr has a right, towards first

stocking his land, to receive two oxen, one cow and six sheep, and seven

acres in his yard of land, ready sown. After the first year let him do

all the customs which belong to him; and he is to be supplied with tools

for his work, and furniture for his house. When he dies, let his lord

look after what he leaves.

“This land-law prevails in some lands; but, as I have said, in some

places it is heavier, in others lighter; seeing that the customs of all

lands are not alike. In some places the gebúr must pay honey-gafol, in

some meat-gafol, in some ale-gafol. Let him that holds the shire take

heed to know always what is the old arrangement about the land, and what

the custom of the country!”

-----

Footnote 597:

Thorpe, i. 432.

Footnote 598:

The ancient Latin version calls them Villanus, Cotsetle and Gebúr.

Footnote 599:

Feormian, _firmare_; give so much as _pastus_.

Footnote 600:

Help to make park-paling, and perhaps keep watch for game.

-----

Footnote 601:

Ascension Day. Observe that the Cotsetla is distinctly asserted to be

_free_.

Footnote 602:

“Werige his hláfordes,” etc.; that is, perform for his lord, the duty

of coast-guard, and attending the king’s hunt: from which it follows

that, where there was no special exemption, these services could be

demanded of the lord: that is in case of folcland. The old Latin

translates _werian_ by _acquietare_, which I have adopted.

Footnote 603:

Either in repairing the park-paling, or in service during the hunt.

Footnote 604:

Aferian, auerian, _facit averagium_, _averiat_.

Footnote 605:

This seems an immense amount of barley, but the Saxon clearly reads as

I have translated. The old Latin version has, “Dare debet in festo

Sancti Michaelis x. den. de gablo, et Sancti Martini die xxiii et

sestarium ordei et ii gallinas.” Twenty-three pence at Martinmas is a

considerable sum; however as a sester of corn must even in ordinary

years have been worth quite that sum, it is more reasonable to follow

the Latin than the Saxon.

Footnote 606:

The fold was often distant from the homestead, and required careful

watching, especially during the dark winter months. Sheep alone were

not folded, but oxen, cows, and particularly mares: hryðrafald,

cúafald, stódfald. This system may be still seen in full force in

Hungary; and we may add that, in the article of horse and cattle

stealing, the Hungarian presents a very marked likeness to the

Anglosaxon. While reading these services, one can hardly get rid of

the notion that one is studying the description of a Hungarian

_Session_.

Footnote 607:

“Tres acras precum et duas de herbagio: þreo æceras tó béne ⁊ twá tó

gærsyðe.” If requested he shall do three acres; but only two if a

meadow is to be broken up? This is always much harder work than

ploughing on old arable. But it is difficult to reconcile this with

the next sentence. The Saxon says, “Gif he máran gærses beþyrfe,

_earnige_ ðæs swá him man þafige:” the Latin, “Si plus indigeat

herbagio, _arabit_ proinde sicut ei permittatur.” From the word

_arabit_, Thorpe suggests _erige_ instead of _earnige_. The two

readings are however consistent if we consider the expression gærsyðe

as having no connection with the gærs of the following sentence. I

suppose the meaning to be this: on extraordinary occasions, he might

be called upon by the lord to plough three acres instead of one, or in

old meadow-land, two acres. If now he himself should want more

grass-land than he already possessed, he might make a bargain with the

lord, and earn it by this labour with the plough. He was bound to give

one day’s ploughing every week from the commencement of the ploughing

season till the 11th of November: but on pressing emergency, and on

request of the lord, he must give three days (for an acre a day was

the just calculation) or in old meadow two. If his services at the

plough were still further required, he was to make a bargain with his

lord; and a common case is supposed, viz. that he required more

grass-land than he had. In this way all seems intelligible.

-----

I can only add the expression of my opinion, that a careful study of the

condition of the peasantry in the eastern parts of Europe will assist in

throwing much light upon these ancient social arrangements in this

country. Hard as in some respects the condition of the dependent freeman

appears, it must be borne in mind that the possession of land was

indispensably necessary to life, unless he was to become an absolute

serf. In a country that has little more manufacture than the simple

necessities of individual households require, no wealth of raw material

and consequently little commerce,—where households rejoice in a sort of

self-supporting, self-sufficient autonomy, and the means of internal

communication are imperfect,—land and its produce are the only wealth;

land is the only means whereby to live. But the Saxon peasant knew his

position: it was a hard one, but he bore it: he worked early and late,

but he worked cheerfully, and amidst all his toils there is no evidence

of his ever having shot at his landlord from behind a stone wall or a

hedge.

The Saxons in England, Volume 1 (of 2) A history of the English commonwealth till the period of the Norman conquest · 第 11 / 14 章