by Jack Lindsay
[189] Yver (2) in general, also for past history. Vicomte: Genestal (2); Haskins (7), 46; Koch, 448 & n66. Revolts: Prentout (3), 19ff. Concessions: Haskins (7), 30-4. Lemarignier (2), 74ff, 156ff. Yver (2), 157, for abbey of Préaux in 1050: grant of jurisdiction in cases of arson, rape, etc. It is suggested they inherited from the Frankish kings a tradition of the use of missi dominici (Carolingian) and of the sworn investigation. Hereditary: Holt (3), 7f and 40. Alodarius in Domesday: Maitland (1), 153f.
[190] Baker, 25.
[191] Musset (3), 285, (4), (5) and (6), 120. Burgundy: Vigneron.
[192] Musset (3), for refs.
[193] Le Patourel (2); Baker 28f, Caen, Gallo-Roman: AN, viii (3), 295-8. Development of lower Brittany: Lemarignier. Herrings were salted at Dieppe, 1030.
[194] Legras 36. Then in documents 1032-5 and c. 1040; with 12th c. references are more numerous.
[195] Boussard (5), 430-2. Latouche (1); Legras in general. List of terms: Boussard, 426.
[196] Boussard, 433.
[197] Bateson (1), (2); Hemmeon; Ballard (2); Stephenson (5); Tait. Breteuil customs were inspired by those of Cormeilles, which existed before 1079 when they were transmitted to Aufay: Bateson 76f, 304f, 754-7.
[198] Boussard, 434-8.
[199] AS pilgrims: W. J. Moore; Green, 120f; Hodgkin, 448-51, English school 450, 636f.
[200] F. P. Paris, 180-2; Holmes, 182; Erdmann, 181-3, thinks no gonfalon is shown.
[201] Dodswell, 549; W of M., iii, year 1066.
[202] B (4), 41.
[203] He got the papal legates to give correct form to his deposition of Mauger; got the pope to accept the transference of Bishop John from Avranches to Rouen etc. Guernsey: Times, Dec. 23 1971, on sale of the charter dated c. 1060.
[204] Theobald, later in Canterbury see, was trained at Bec. Further: Freeman iii, 102f; Will. of P., 125; Lanfranc, 287. Leblond ch. ix; Garnier, ed. L. Musset; Dudo, Gall. Chr. xi, app. 284; Prentout (4), 48, 171, 370, 414; Musset (9), 64, n.1.
[205] Money: L. Musset (3): contrast Burgundy, Duby (3) 348ff.
[206] Haskins (5), 62f. Fulk Rechin: Halphen (1) 235-7.
[207] D (15), 77; Alex. iii, ch. 8., v, ch. 4.
[208] Hilton (1), 12; F (1), 8f; de Coulanges (1), 265f; Vinogradoff (1), 223; Chronicle shows the main links with Franks and road to Rome in 9th c., no Scandinavian place-names.
[209] Sayles, 129f.
[210] Robersson (1), 12 (III, Edmand 1). Egfrith: Schramm, 15; S (5), 217.
[211] Stubbs (6), i, 198-206; Pollock (2), i, 44f.
[212] Chaney, 205f; Attenborough, 5.
[213] Chaney, 206f for more details; German parallels, Pollock (2), i, 51, n2.
[214] Attenborough 65; Robertson 87, 103, 205 (triple ordeal).
[215] Chaney, 28-35; W (3), 12, n11; Philippson (1); Sisam; Hauck. Seaxnet: Turville-Petrie (3), 100 (rel. to Frey or Njordr) and Philippson (2), 1171. Woden and harvest, Wednesday: Chaney, 35; Olrik (2), 41; Chantepie, 226f. Sceaf: Chadwick (2), ch. xi, (256-67, 272-6); R. W. Chambers (2), 68-86, 314-22; Sisam, 315, on Bedwig. Theocratic: P. S. Lewis, Later Med. France, 1968, 81-4. Beli (?Bilwis, hypostasis of Woden), Bilwis a Germanic ruler of underworld: Krappe, 18, 26. Howel: Wade-Evans, ed. Nennius, Hist., 102; J. Williams ab Ithel, Annales Camb. (RS), xx, 1860 p, x., n1; N. Chadwick (2), 132, 196 (Belenus). Bible: Magoun (3).
[216] W (1), 28; Chaney, 208f; Germania, xii; Pollock, 51f.
[217] W (1) 31f; Bede, II, 9.
[218] Chron. A. E, under 755 (757). Magoun (4); H. M. Chadwick (4), 363f. Note length and detail: an often told tale or theme of song: S (5), 208, n3. Lord as well as kindred got compensation money for death of his man. Bede on King Raedwald and Edwin, II 12. Cf. Finnesburh fragment.
[219] Attenborough, 65; in general Lea. MGH Epist. iv, no 231. Torhtmund was in company of archbishop of Canterbury as he passed through Charles’s territory. Writer: Napier, 3.
[220] W (1), 37f, 32 and (3), 856f.
[221] Chaney 248, 257-9, 252; Stubbs (4), 356. 796: W (3), 771; Stubbs (7), iii, 454, 447.
[222] Schramm, 19-22. Witness: Vita S. Oswaldi (Historians of Church of York, RS) i, 436-8. Influence of Dunstan: S (5), 363.
[223] Estates, e.g. Aldermaston, Ealdormannestum.
[224] Sayles, 146f.
[225] Dobb (1), 1f.
[226] Hilton (1). Slaves, 9th-10th cs., M. Bloch (8) and (9); G. Roupnel, Histoire de la campagne française, 270.
[227] Postan (3). Most extant AS wills order the freeing of some or all slaves on estates. Kent: S (5), 300f (laets).
[228] Li. i, 27; H. Hecht 35 (1.2), 41 (32), 45 (24), 213 (13).
[229] Laws of Ine 3, 2, 67. From earliest time peasant land had obligation to pay rent, so the village on the landlord’s soil must have been the rule, Li., ii, 298.
[230] Li., ii, 506; Stephenson (6), 291.
[231] LL, 261 (II, Cnut, 79), see law of Aethelred given at Wantage, 978-1008: W (3), 403.
[232] F (1).
[233] Aston, 14f.
[234] All land, unless exempted, had folk burdens, especially the need to contribute to upkeep of king, court, and officials. Exemption by charter or writ also gave the owner right to will the land away from their kindred, first to religious houses, then to lay heirs.
[235] Aston, 28-32; also for effects of land grants to followers. Disintegration of demesne before 1066 by leasing to large groups (often all the manor’s villeins).
[236] F (1), 158-60. Regia villa: S (5), 474f. Laws of Alfred, I 2. Coins were struck under Aethelred II at places like Reading, Bedwyn and Warminster.
[237] E. John.
[238] Sayles (1), 8. II, Cnut, 78; 77.
[239] F (1), 131-43. Dependent tenures had evolved in 10th-11th cs., mainly known from leases showing reorganization of estates by Bishop Oswald at Worcester, under Edgar, with the aim of ensuring services, sometimes military, in return for dependent tenures normally for three lives. Services: hunting, escort, bridge-building. But military service still essentially a matter of status, not tenure.
[240] King, lords, church, held estates that consisted mainly in rents paid by reeves, rent-farmers and lessees. Latter got in lords’ rents and customs due from town, village, and other agricultural groupings (units called manors by Ns.) and took their own profit from the result. Lord also had vassals or under-tenants who rendered him services and at times also rent for land — though terms of contract between lord and under-tenant, reeve, etc. often varied in details.
[241] LL, 376, 373; Athelstan, VIII, 2 (London district).
[242] LL, 472; Ewen. A paternal kinsman is made child’s protector, Hlothhere and Eadric’s law 6; Alfred’s (30), if a man without paternal kin kills a man, maternal kin pay a third of wergild; Athelstan’s (II) at Grateley keeps proportion of two to one for man demanding payment for skilled kinsman (three oath-givers, two paternal, one maternal). Sister’s son important in Irish legend; in literature Christ is Our Sister’s Son.
[243] Charles-Edwards (1) and (2).
[244] Bede, HE, i, 25, ii, 9, iii, 4 and 24; Ine, Lieb., i, 118-21 and 104-6; HA, xi (Plummer, 375f); Kent: Charles-Edwards, 12-4, and three munds. 12f, plough 14f; Irish evidence, ib. 15-20 and Z. f. cell. Phil., xiv, 1923, 372 (par. 34); ib. 21, against Lancaster and Kroeschell; see also Leyser and Schlesinger, 289-96.
[245] Charles-Edwards (2) and Tac., Germ., xx. In general Radcliffe-Brown, 15ff, 97ff; also C. H. Bell and Farnsworth.
[246] Charles-Edwards (1), 30 esp. n51. A. H. Smith prefers to see as group under a lord, but surely kindreds would tend to gather under a particular lord.
[247] Ine, xlii; vi, Athelstan, viii, 2, (Lieb., i, 178); Symeonis...opera (RS), i, 218f.
[248] Charles-Edwards (1) 31; Chron. E under 449; gegildan, Lieb. (3) sv Genossenschaft.
[249] Treasury had charge of heregeld. Development: Robertson (2), 136; Loyn (3), 74. Continuity: S (5), 389f; Barlow (1), 46.
[250] Edward was still the biggest landowner despite the earls; William strengthened this
position, by DB held nearly a quarter of landed wealth. B (1) 45. Change to title deeds: Barraclough (1), 211-3. Writ: Clemoes, 102; Harmer. E. John on charters as depositive, not evidential. King did not keep copies of writs; archives small, in chapel with his relics. Harmer for writs.
[251] AS poem, The Arts of Man: ‘One can in the council of sages devise a decree for the people, where the Witan is gathered together.’ Witan under Ns. determined by territorial status. In general Oleson (2).
[252] Earlier laws or codes consist of kingly dooms distinguished from ancient customary law or aew: usually judgments on doubtful points or administrative edicts for better enforcement. Perhaps Aethelbert’s laws arose from problem of how far to apply the system of bots to Christian clergy; Ine’s from similar issues regarding newly conquered Wealas. Perhaps embryonic sense of law-making as such in preamble to Alfred’s laws.
[253] Hodgkin, ii, 607.
[254] B (1), 51f. Thegns: EHR, 1926, 33f; Cam (1), 42. Case: Kemble, no 755; Robertson (2), ho lxxxviii. Note stone, suggesting sacral tree or stone as tribal meeting-place.
[255] Later hundreds neatly designed, imposed; smaller ones attached administratively to royal town, showing original setting. Yorkshire Ridings, Anglo-Danish thrithings.
[256] King’s income from feorm, profits of justice, control of coinage, tolls and other windfalls; kings and magnates had been converting the right to provisions for twenty-four hours into rents.
[257] Wessex and Mercia assessed by hides; in East Anglia a less territorialized method a township paid a proportion of the tax amount laid on the leet (ancient subdivision of shire): B (1), 50f; S (5), 638f; Maitland, 455-7; D (6), 191-204 and (10) pp. cli-clxxi. Geld: Robertson, Northants Geld Rolls in (2), 230-7; Round (11), hundreds. Carucate: S (12), 87-9; Foster pp. xi-xiv; S (i7), pp. lxiii-lxx, etc. Hides, sulungs and carucates in assessments had become fiscal entities, not much related to actual holdings.
[258] The slow working out of the principle under Henry I & II, which ultimately produced common law; an important stage under Edward the Elder with special wites by which failures or corruptions of justice could be corrected. Pleas of the crown: under Cnut seven capital crimes (murder or hidden homicide, treason, arson, wounding, mayhem, rape).
[259] Hodgkin, ii, 605f.
[260] LL, 374, 234; Widsith. Models: Duly (6) and (7). For Wer: Charles-Edwards (1), 23-5; Leis W., ix, i; vi, Aethelred, xii; Cnut, ii, 51 and 70, T. Tac., Germ., xxi, shows that he thought the feud extended past the limited family.
[261] LL, 374; III, Ath., 6; IV, 3; VI, 8, 2f. Phillpotts, 215f; Norse influence under Edgar, 219f. Whitelock (6), 13-9; Lieb, i, 186-90 (Edmund).
[262] LL, 375.
[263] Vita Wulf. 38; LL, 375 refs.; Loyn (1), 353, 295f; Leges H. 68, 1; 70, 72; 76, 2, cf. 70, 2; Loyn, 322.
[264] J. Rivière; Green, 105; Abelard, Expos. in Rom., iii, 23-6, PL, clxxviii, 833-6. Army: Alfred’s division of fyrd; Chron. year 893; churchmen fight: Hodgkin, ii, 594. Ch. 37 of Alfred’s laws seems aimed at stopping men escaping service by slippng from one district to another in quest of a lord. A freeman joining a fyrd seems to do so under a lord. The warrior seems distinct from the freeman in Alfred’s words, ‘A king must have men of prayer, fyrdmen (men of war), and weocmen (workmen).’ H. M. Chadwick (2), 158-62; (4) 311-8, 346ff.
[265] By Edmund’s reign over thirty-five monasteries, lords following the royal example. Bretons: (4), 29. Lotharingian influence via Ghent; Cluniac via Fleury-sur-Loire. Odha, head of English church, while Dunstan was at Glastonbury, was a monk of Fleury. The anti-reform clerics were high-born and high-living; one tried to poison Aethelwold: Vita Oswaldi 411; Liber Vitae...Hyde Abbey, Winchester, ed. W. de Gray Birch, 7.
[266] Blair, 90, 207f; when we speak of Benedictine we mean the tradition of the Benedictine rule modified and applied locally over the centuries.
[267] Even most moral offences were dealt with by folk courts; king’s courts covered both lay and cleric.
[268] Frankish craftsmen learned to make such organs after one was sent as a gift to Pepin and Charlemagne from Byzantion with technicians to teach its use. In the east they were secular (in circus and at palatial entertainments), but in the west only monks could muster the craft resources to build and use them, so they became religious, in opposition to the papal view. The Sistine chapel still allows no organs; and Thomas Aquinas denounced them as a Judaizing force. The W. organ survived the great fire of 1202: JL (1) 328f and (2), 112, 270.
[269] Anti-monastic reaction: D. J. V. Fisher, 443f; S. J. Crawford; Robinson (2) and (3).
[270] Barraclough (3), i, 68; (4) p.i. No special court for pleas of clergy, which were heard in shire court, where the bishops sat with sheriff and earl, or in that of the hundred. There were ecclesiastical jurisdictions exercised according to secular procedures.
[271] Thomas.
[272] Stutz (1), 29, n19.
[273] Council of Coblenz 922 insisted that monks with churches should ‘obey their bishop in everything’.
[274] L (1), 323.
[275] B (2), 199-204. Lances and cross-bows: Sawyer (4), 93f; Mann (2), 67. This detail suggests an early date for the Tapestry. The cross-piece might easily injure the forehead of a rider’s horse; so it is more common in the hands of footmen.
[276] Hartridge, 11-4. Fleury: Thomas, 77. Village-church: Ault (2).
[277] Speakman, 65; Freeman (3), 33.
[278] B (2), 184, 198f, 191.
[279] ‘The old minister to which obedience is due’: Lib, i, 264; Robertson, 118f etc. L, 299, for compilation of N. date with same classification.
[280] Burgesses at Lincoln objected that a monk had illegally given a church there to the abbot of Peterborough, as no one could grant their possessions outside the city without the king’s consent. Churches here are hereditary like any other property. A Thegn’s church was sometimes called after him: an important part of his capital equipment and social status.
[281] Goscelin, Mirac. S. Yvonis; Chron. Ramsey, pp. lxx-lxxi; B (1), 206f, 142. Much homiletic literature in 10th-11th cs., without parallel in Europe. Saint and relics: LW (2), 98-100; J. Lindsay (1), 173-7, 191f, 221f, 263-7, 308.
[282] Combinations of bishoprics correspond to enlarged earldoms. No great interest in canon law. Stigand as outstanding example of pluralist: Liber Eliensis condemned this but admitted his generosity. Ealdred of York another example. Few hints of diocesan synods; bishops at times held their own courts to discipline clergy.
[283] L (3), 80f; Sayles, 194; B (1), 34f; B (3), 300, Dunstan; 301, cases reserved for pope. Peter’s Pence is paralleled by payments from Scotland and Poland.
[284] L (1), 12 f; S (15), 1.
[285] L (1), is; Ely, 18; East Anglia, 19; also Danby (3).
[286] Plots in rotation, so that each man shared good and bad; same strips were kept normally year after year. In open fields of Mercia and central Wessex the typical family-holding was a virgate or yardland (nominally 30 acres: called after measurement unit for the strip-width, landyard or rod, is to 21 feet). But generally the unit was the area that could be worked by the plough team: different terms in different regions. B (1). 17f; S (5), 467, 309f; Ine, 64-6; Lipson (1) & (2) etc. F (1), 181-5; Maitland, 478-80. Teams: L (4); F (5).
[287] H. Hall, 36. Cattle and fodder: Curwen, 83f.
[288] Kent: B (1), 17f. Mercia and Shropshire: F (1), 66-82, esp. 77f. Welshry: Randall.
[289] Carsten. Duly (4) for increased productivity. Flanders: Pirenne (4), i, 149ff; Bloch (9); Cart. Dunois de Marmoutier; Green, 58f.
[290] LW (1), 143f, 152f for refs, and (3), ch. 2., ii; Criticism: Hilton (10) and Sawyer (4).
[291] LW (3), ch. 2, ii. Hames Haudricourt.
[292] LW (3), 63. Above here ch. 2, n27, and Ross 20.
[293] Bloch (5), 545; LW (1), 155 and (3), ch. 2, i; Gille (1), 2f; Hodgen; Latouche (1), 313; L (1), 278-80; MA, ii, 1958, 154 (with three wheels at Old Windsor, 9th c.). Tamworth: Hammond.
[294] LW (3), ch. 2, i; Delisle; Lees 13
1, 135; H. Salter no 692; Ambroise, L’Estoire de la guerre sainte, ed. G. Paris, 1897, 3227-9. Pope: P. Jaffré, Regesta 1888 no 17. Normandy: Delisle (6), 406; Gille (1) and (2) ii, 1951, 34.
[295] LW (3), 63f; S (2), fig. 12 & pp. II, 33. Gerona date: LW (3), 63; Ord., HE, ix, 3 (iii p. 471); Sarton, i, 758 and ii, 696. Kiev: LW (3), 63; Novgorod (12th) c.), PP, v, 1954, 5. Liber Niger: Trow-Smith (2), 91. 1167: A. L. Poole (3), 52. Smithfield: W. Fitzstephen (1), 574. Durham: Greenwell, 8, 9, 17. Records of Templars in England: Inquest of 1185, ii, 1935, 8, and p. cxviii. Bury: R. H. C. Davis (4), rig, 127f. Ramsey: Raftis, 314. 13th c., Richardson (5), 288.
[296] LW’s theory cannot stand up against Hilton (19), but he has much useful information, which needs to be sorted and tested.
[297] Asser, ch. 91; Tait, 15f, 19, ni; Lobel. Burghal hidage: Robertson (2), 246-9.
[298] Hassall Oxford: VCH Berks, ii, 1906, 313, 337; Jope (8th c. monastery founded by St Frideswide, with traders coming to gates) etc. Burhs: R. A. Brown (1), 140; Armitage (1) 22; Birch, ii, 222. Pevensey: Rigold in MA, xiii, 294.
[299] B (1), 24-6.
[300] Loyn (3), 72. Reforms: Metcalf (2), 153; Fornvannen, 1915, 53-116, 189, 246. Number of coins: Metcalf (1); C. S. S. Lyon; Sellwood. Viking hoards: Metcalf (1), 479f; hoard in Sicily, Dolley (2).
[301] Historians of the Church of York, (RS), i, 454.
[302] S (1), 15.
[303] Ib., 16.
[304] 13-5. Portsoken: the ward had a unique position, the lord of the soke being ex officio alderman: S (1), 12; H. W. C. Davis, Essays... to T. F. Tout, 48. Four benches: Round, EHR, x, 732.
[305] W (4), 82. Urki: S (4), 122; Thorpe, Diplomaterium, 605-8. Exeter may go back to Athelstan: B (2), 197, n1.
[306] B (2) 196-8.
[307] Fifth part of Cambridge alms to Ely. Women: name Atheleove (Woodbury I) may be feminine; Godgith (Exmouth) could be either sex.
[308] Phillpotts, 125-34: C. Harm, Vermischte Aufsätze, 1833, 75, 77.
[309] Tales of early quarrels between Harold and Tostig (plus prophecies by Edward) seem to have been inventions after the event.
[310] Vita Aed, 31f, 37f.