第 21 页

NOTES:

1. A sketch of the principal argument of this section was published in Eng. Hist. Rev., xi. 13, as a review of Keutgen's Untersuchungen 黚er den Ursprung der deutschen Stadtverfassung. The origin of the French and German towns bas become the theme of a large and very interesting literature. A good introduction to this will be found in an article by M. Pirenne, L'origine des constitutions urbaines, Revue historique, liii. 52, lvii. 293, and an article by Mr Ashley, Quarterly Journal of Economics, vol. x. July, 1896. The continuous survival of Roman municipal institutions even in Gaul seems to be denied by almost all modern students.

2. Hist. Eng. Law, i. 625.

3. Stubbs, Const. Hist. iii. 448.

4. We must exclude cases in which the king takes an aid from his whole demesne, e.g. for his daughter's marriage, for in such a case many royal manors which have no right to be called boroughs must make a gift.

5. Round, Geoffrey de Mandeville, 347, has excellent remarks on this point.

6. Nearly.

7. This may come only from the Staffordshire part of Tamworth.

8. Chichester pays in later years; but very little.

9. Pipe Roll, 31 Hen. I. p. 139.

10. Was the blank space in D. B. i. 246 left for the borough of Tamworth? This borough is incidentally mentioned in D. B. i. 238, 246, 246 b.

11. But the account of the two sister boroughs here falls between the accounts of the two sister counties.

12. D. B. i. 337. It is even called a suburbium of Lincoln, though it lies full 10 miles from the city.

13. The one glimpse that I have had of the manuscript suggested to me (1) that the accounts of some of the boroughs were postscripts, and (2) that space was left for accounts of London and Winchester. The anatomy of the book deserves examination by an expert.

14. D. B. i. 154.

15. D. B. i. 56.

16. D. B. i. 58.

17. D. B. i. 238.

18. D. B. i. 143.

19. Ellis, Introduction, ii. 446; Winchcombe Land-boc, ed. Royce, p. xiv; Stevenson, Rental of Gloucester, p. ix.

20. D. B. i. 128, 128 b; and above, p. 144.

21. K. 855 (iv. 211).

22. Stow, Survey, ed. Strype, Bk. iii. p. 121.

23. D. B. i. 135 b.

24. Hist. Eng. Law, i. 636.

25. Rot. Hund. ii. 361.

26. D. B. i. 189.

27. Rental of Gloucester, ed. W. H. Stevenson: Gloucester, 1890, p. x.

28. There are many examples in Kemble's Codex.

29. Pipe Roll, 31 Hen. I. p. 41: 'Vicecomes reddit compotum de ?0 de auxilio civitatis.... Et in perdonis.... Comiti de Mellent 25 sol.... Comiti de Lerecestria 35 sol.... Comiti de Warenna 16 sol.... Comiti. Gloecestriae 116 sol. et 8 den. See also the Liber Wintoniae, D. B. iv. 531 ff.

30. In the A.-S. land-books the word civitas is commonly applied to Worcester, Winchester, Canterbury, and other such places, which are both bishops' sees and the head places of large districts. But (K. v. p. 180) Gloucester is a civitas, and for some time after the Conquest it is rather the county town than the cathedral town that bears this title. Did anyone ever speak of Selsey or Sherborne as a civitas? In 803 (K. v. p. 65) the bishops of Canterbury, Lichfield, Leicester, Sidnacester, Worcester, Winchester, Dunwich, London and Rochester style themselves bishops of civitates, while those of Hereford, Sherborne, Elmham and Selsey do not use this word. But an inference from this would be rash.

31. An interesting example is this. In 779 Offa conveys to a thegn land at Sulmonnesburg. The boundaries mentioned in the charter are those of the present of Bourton-on-the-Water. 'Sulmonnesburg... is the ancient camp parish close to Bourton which gave its name to the Domesday Hundred of Salmanesberie, and at a gap in the rampart of which a Court Leet was held till recently.' See C. S. Taylor, Pre-Domesday Hide of Gloucestershire, Trans. Bristol and Gloucestershire Archaeol. Soc. vol. xviii. pt. 2. As regards the nanmes of hills and of villages named from hills there may occasionally be some difficulty in marking off those which go back to beorh (berry, berrow, barrow) from those which go back to burh (burgh, borough, bury). Mr. Stevenson tells me that in the West of England the termination -borough sometimes represents -beorh.

32. Alfred, 40; Ine, 45.

33. Aethelr. iv. 4. The Quadripartitus is our only authority for these Instituta; but Dr. Liebermann (Quadrip. p. 138) holds that the translator had in front of him a document written before the Conquest. Schmid would read borh-bryce: see p. 541; but this emendation seems needless. Has lIot the sum been Normanized? The king's burh-bryce used to be 120 (i.e. in English 'a hundred') shillings, and a hundred Norman shillings make ?. So according to the Berkshire custom (D. B. i. 56 b) he who by night breaks a civitas pays 100 shillings to the king and not (it is noted) to the sheriff.

34. D. B. i. 2: 'Concordatum est de rectis callibus quae habent per civitatem introitum et exitum, quicunque in illis forisfecerit, regi emendabit.' See the important document contained in a St. Augustin's Cartulary and printed in Larking, Domesday of Kent, Appendix, 35: 'Et omnes vie civitatis que habent duas portas, hoc est introitum et exitum, ille sunt de consuetudine Regis.'

35. Schmid, App. XII; Leg. Henr. c. I6.

36. Fleta, p. 66; see also 13 Ric. II. stat. I. cap. 3.

37. Edmund, II, 2.

38. See also Schmid, App. IV gride and be munde), section 15; 'If any man fights or steals in the king's burh or the neighbourhood (the 'verge'), he forfeits his life, if the king will not concede that he be redeemed by a wergild.'

39. AEthelstan, II. 20.

40. K. 1334 (vi. p. 195): a contract made at Exeter before Earl Godwin and all the shire.

41. Edgar, III. 5; Cnut, II. I8.

42. Mention is made of the walls of Rochester and Canterbury in various charters from the middle of cent. viii onwards: K. vol. i. pp. 138, 183, 274; vol. ii. pp. I, 26, 36, 57, 86; vol. v. p. 68.

43. Green, Conquest of England, 189-207.

44. For instance, K. iii. pp. 5, 50.

45. K. I 154 (v. 302): 'adiacent etiam agri quamplurimi circa castellum quod Welingaford vocitatur.' K. 152 (i. 183): 'castelli quod nominatur Hrofescester.' -- K. 276 (ii. 57): 'castelli Hrobi.'

46. A beautiful example is given by Staffordshire and Warwickshire. Each has its borough in its centre, while Tamworth on the border is partly in the one shire, partly in the other. See Pipe Roll, 31 Hen. I. 75, 76, 107, 108. As to these Mercian shires, see Stubbs, Const. Hist., i. 123; Green, Conquest of England, 237: 'Hertfordshire, Buckinghamshire and Bedfordshire are other instances of purely military creation, districts assigned to the fortresses which Eadward raised at these points.'

47. See our index under Burghal Hidage. Mr W. H. Stevenson's valuable aid in the identification of these burgs is gratefully acknowledged.

48. D. B. i. 154.

49. D. B. i. 262 b.

50. It will be understood that we are not contending for an exact correspondence between civil and military geography. Oxford and Wallingford are border towns. Berkshire men help to Oxford, and Oxfordshire men help to maintain Wallinford.

51. Widukind, 1. 35. For comments see Waitz, Heinrich V. 95 ; Richter, Annalen, iii. 8; Giesebrecht, Kaiserzeit (ed. 5), i. 222, 811; Keutgen, Ursprung der deutschen Stadtverfassung, p. 44. Giesebrecht holds that Edward's measures may well have been Henry's model.

52. A.-S. Chron. ann. 894.

53. A charter of 899 (K. v. p. 141) professes to tell how King Alfred, Abp Plegmund and AEthelred ealdorman of the Mercians held a moot 'de instauratione urbis Londoniae.' One result of this moot was that two plots of land inside the walls, with hythes outside the walls, were given by the king, the one to the church of Canterbury,the other to the church of Worcester. How will the instauratio of London be secured by such grants?

54. K. 1144 (v. 280). Other cases: K. 663 (Chichester), 673 (Winchester), 705 (Warwick), 724 (Warwick), 746 (Oxford), 1235 (Winchester).

55. K. 765-6, 805.

56. Schmid, App. V This might mean a seat (of justice) in the gate of his own burh. But this dOcument will hardly be older than, if so old as, cent. x., by which time we should suppose that burh more often pointed to a borough than to a strong house. We may guess that in the latter sense it was supplanted by the hall of which we read a great deal in Domesday. See above, p. 109. However, it does not seem certain that O. E. geat can mean street.

57. A.-S. Chron. ann. 994.

58. Thorpe, Diplomatarium, 610. When the Confessor sends a writ to London he addresses it to the bishop, portreeve and burh-thegns. See K. iv. pp. 856, 857, 861, 872.

59. Gross, Gild Merchant, i. 183, 189.

60. Gross, op. cit. ii. 37.

61. Hist. Eng. Law, i. 257.

62. A.-S. Chron. ann. 1097: 'Eac manege sciran  mid weorce to Lundenne belumpon...' Thorpe thought good to substitute scipan for sciran.

63. D. B. i. 298. Outside York were some lands which gelded with the city; 'et in tribus operibus Regis cum civibus erant.' This refers to the trinoda necessitas.

64. Sohm, Die Entstehung des deutschen St鋎tewesens: Leipzig,. 1890.

65. Ellis, Introduction , i. 248-253.

66. D. B. i. 56 b.

67. D. B. i. 1. Black Book of the Admiralty, ii. 158: 'the herring season, that is fronm St. Michael's Day to St. Clement's (Nov. 23).' St. Andrew's Day is Dec. 1.

68. Edward, I. 1; AEthelstan, II. 12, 13; IV. 2; VI. 10; Edmund, III. 5; Edgar, IV. 7-11 ; Leg. Will. I. 45; Leg. Will. III. 10. See Schmid, Glossar. s. v. Marktrecht.

69. Edgar, IV. 3-6. We should expect rather 36 than 33, and xxxvi might easily become xxxiii.

70. 3. K. 280 (ii. 63), 316 (ii. 118).

71. Kemble, Cod. Dip. 1075 (v. 142); Kemble, Saxons, ii. 328; Thorpe, 136: 'ge landfeoh, ge fihtwite, ge stale, go wohceapung, ge burhwealles sceatinge.' In D. B. i. 173 it is said that the Bishop of Worcester had received received the third penny of the borough. Apparently in the Confessor's day he received ?, the third of a sum of ?8. As to the early history of markets, see the paper contributed by Mr C. I. Elton to the Report of the Royal Commission on Market Rights, 1889.

72. AEthelstan, II. 14.

73. The general equivalence of port and burh we may perhaps infer from AEthelstan, II. 14: No one is to coin money outside a port, and there is to be a moneyer in every burh.

74. Stockport, Langport, Amport, Newport-Pagnell, Milborne Port, Littleport are instances. But a very small river might be sufficient to make a place a haven.

75. Seemingly if this O.-E. port is not Lat. portus, it is Lat. porta, and there is some fascination suggestion that the burh-geat, or in modern German the Burg-gasse, in which the market is held, was described in Latin as porta burgi. In A.D. 762 (K. i. p. 133) we have a house 'quae iam posita est.' ad Quenegatum urbis Dorouernis in foro posita est.' In A.D. 845 (K. ii. p. 26) we find a 'publica strata' in Canterbury 'ubi appellatur Weoweraget,' that is, the gate of the men of Wye. But what we have to account for is the adoption of port as an English word, and if our ancestors might have used geat, they need not have borrowed. In A.D. 857 (K. ii. p. 63) the king bestows on the church of Worcester certain liberties at a spot in the town of London, 'hoc est, quod habeat intus liberaliter modium et pondera et mensura sicut in porto mos est ad fruendum.' To have public weight and measures is characteristic of a portus ( = haven). The word may have spread outwards from London. Dr Stubbs (Const. Hist. i. 439) gives a weighty vote for porta; but the continental usage deserves attention. Pirenne, Revue historique, lvii. 75: 'Toutes les villes anciennes [en Flandre] s'y forment au bord des eaux et portent le nom caract閞istique de portus, c'est-?dire de d閎arcad鑢es. C'est de ce mot portus que vient le mot flamand poorter, qui d閟igne le bourgeois.' See D. B. i, 181 b: 'in Hereford Port.'

76. D. B. i. 143,

77. D. B. i. 230.

78. Cutts, Colchester, 65; Round in The Antiquary, vol. vi (1882), p. 5.

79. D. B. ii. 106-7. See Round, op. cit., p. 25 2.

80. Hist. Eng. Law, i. 629.

81. D. B. i. 252.

82. D. B. i. 179. So at Chester (i. 262 b) it is considered possible that the heir will not be able to pay the relief of ten shillings and will forfeit the tenement.

83. D. B. i. 336.

84. D. B. ii. 116. See also the case of Thetford (D. B. ii, 119), where there had been numerous burgesses who could choose their lords.

85. D. B. i. 280.

86. D. B. i. 336 b.

87. D. B. ii. 117.

88. D. B. i. 2. In 923 (K. v. p. 186) we hear of land outside Canterbury alled Burhuuare bocaceras, apparently acres booked to [certain] burgesses.

89. D. B. i. 100.

90. D. B. ii. 107: 'In commune burgensum iiii. xx. acrae terrae; et circa murum viii percae; de quo toto per annum habent burgenses lx. sol. ad servicium regis si opus fuerit, sin autem, in commune dividunt.' As to this most difficult passage, see Round, Antiquary, vol. vi. (1882) p. 97. Perhaps the most natural interpretation of it is that the community or commune of the burgesses holds this land and receives by way of rent from tenants, to whom it is let, the sum of 60 shillings a year, which, if this be necessary, goes to make up what the borough has to pay to the king, or otherwise is divisible among the burgesses. But, as Mr Round rightly remarks, 60 shillings for this land would be a large rent.

91. D. B. i. 2: 'Ipsi quoque burgenses habebant de rege 33 acras terrae in gildam suam.' Another version says, "33 agros terre quos burgenses semper habuerunt in gilda eorum de donis omnium regum.' The document here cited is preserved in a cartulary of St. Augustin, and is printed in Larking, Domesday of Kent, App. 35. It is closely connected with the Domesday Survey and is of the highest interest.

92. Gross, Gild Merchant, ii. 37.

93. We do not even know for certain that when our record says that the burgesses and the clerks held land 'in gildanm suam,' more was meant than that the land was part of their geldable property. See Gross, Gild Merchant, i. 189. In the Exon Domesday the geld is giidum.

94. D. B. i. 154.

95. See above, p. 179.

96. In modern York the freemen inhabiting the different wards had rights of pasture varying fronm ward to ward: Appendix to Report of Municipal Corporations' Commissioners, 1835, p. 1745. York is one of the towns in which we may perhaps suppose that there has been a gradual union of several communities which were at one time agrarianly distinct. See D. B. i. 298. Dr Stubbs seems to regard this as a common case and speaks of 'the townships which made up the burh' (Const. Hist. i. 101). We cannot think that the evidence usually points in this direction, and have grave doubts as to the existence within the walls of various communities that were called townships. Within borough walls we must not leap from parish to township.