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97. D. B. i. 203. As to the whole of this matter see Mr Round's paper on Domesday Finance in Domesday Studies. vol. i.

98. Hist. Eng. Law, i. 635.

99. D. B. i. 2I9.

100. The case of London is anomalous; but not so anomalous as it is often supposed to be. On this point see Round, Geoffrey de Mandeville, 347 ff. On the Pipe Roll of 2 Hen. II (pp. 24, 28) the citizens of Lincoln are accounting for a farm of ?80, while the sheriff in consequence of this arrangement is credited with ?40 (blanch) when he accounts for the farm of the shire. This is as yet a rare phenomenon.

101. As to the round sums cast on the boroughs, see Round in Domesday Studies, i. 117 ff.; also Round, Feudal England, 156.

102. This may not have been the case in East Anglia.

103. D. B. i. 252.

104. D. B. i. 298. Of York we read: 'In the geld of the city are 84 carucates of land, each of which gelds as much as one house in the city.' This seems to point to an automatic adjustment. To find out how much geld any house pays, divide the total sum that is thrown upon York by the number of houses + 84.

105. Mr Round (Domesday Studies, i. 129) who has done more than anyone else for the elucidation of the finance of Domesday, has spoken of 'the great Anglo-Saxon principle of collective liability.' This may be a useful term, provided that we distinguish (a) liability of a corporation for the whole tax whenever it is levied; (b) joint and several liability of all the burgesses for the whole tax whenever it is levied; (c) liability of each burgess for a share of the whole tax, the amount that he must pay in any year being affected by an increase or decrease in the number of contributories.

106. See the entry touching Colchester, above, p. 244, note 2.

107. D. B. i. 1.

108. D. B. i. 238. The custom of Warwick was that when the king made an expedition by land ten burgesses of Warwick should go for all the rest. He who did not go when summoned [summoned by whom?] paid 100 shillings to the king; [so his offence was against the king not against the town.] And if the king went against his enemies by sea, they sent him four boat-swains or four pounds in money.

109. D. B. i. 56 b.

110. D. B. i. 179.

111. At Chester (D. B. i. 262 b) the twelve civic iudices paid a fine if they were absent without excuse from the 'hundret.' This seems to mean that their court was called a hundred moot. It is very possible that, at least in the earliest time, the moot that was held in the borough had jurisdiction over a territory considerably larger than the walled space, and in this case the urban would hardly differ from the rural hundred. A somewhat new kind of 'hundred' might be formed without the introduction of any new idea.

112. D. B. i. 336.

113. Hist. Eng. Law, i. 631.

114. Green, Town Life, vol. i. ch. xi.

115. D. B. i. 189.

116. D. B. i. 336 b.

117. D. B. i. 336 b.

118. D. B. i. 298.

119. D. B. i. 262 b.

120. R. H. i. 354-6.

121. Besides the well known English books, see a paper by Konrad Maurer, Sitzungsberichte der Akademie der Wissenschaften zu M黱chen, Philosoph.-philolog. Classe, 1887, vol. ii. p. 363. In the Leges Edw. Conf. 38 section 2, the 'lagemanni et meliores homines de burgo' seem to serve as inquest men, rather than doomsmen; while the lahmen of the document concerning the Dunsetan (Schmid, App. I.) seen to be doomsmen.

122. Gross, Gild Merchant, ii. 114 ff.; Hist. Eng. Law, i. 642.

123. D. B. ii. 290, Ipswich: 'Modo vero sunt 110 burgenses qui consuetudinem reddunt et 100 pauperes burgenses qui non possunt reddere ad geltum Regis nisi unum denarium de suis capitibus.' D. B. ii. 116, Norwich: 'Modo sunt in burgo 665 burgenses anglici et consuetudines reddunt, et 480 bordarii qui propter pauperiem nullam reddunt consuetudinem.'

124. D. B. i. 108 b.

125. Whether the novum burgum mentioned in D. B. i. 17 is Winchelsea or Rye or a new town at Hastings seems to be disputable. See Round, Feudal England, 568.

126. D. B. i. 26 b, 27.

127. D. B. i. 4 b.

128. D. B. i. 4 b. See also, 10 b.

129. D. B. i. 12.

130. D. B. i. 345, 283 b. It has been said that Leofric gave Newark to the see.

131. Dodsworth's Yorkshire Notes, ed. R. Holmes (reprinted from Yorkshire Archaeological Journal), p. 126.

132. D. B. i. 316 b. The estate is ingeldable and therefore looks like an ancient possession of the king.

133. D. B. 337 b: 'Toftes sochemanorum teignorum.' Some commentators have seen here 'sokemen thegns'; but the other interpretation seems far more probable.

134. Had these towns been described in Great Domesday, they would probably have been definitely placed outside the Terra Regis.

135. D. B. ii. 311, 312, 385.

136. D. B. ii. 319 b.

137. D. B. ii. 389 b: 'semper unum mercatum modo 43 burgenses.' For Sudbury, see D. B. ii. 286; for Beccles, 369 b.

138. D. B. i. 136 b: 'In burbio huius villae 52 burgenses.' The word burbium looks as if some one had argued that as suburbium means an annex to a town, therefore burbium must mean a town. But the influence of burh, burg, bourg may be suspected. A few pages back (132) the burgum of Hertford seems to be spoken of as as 'hoc suburbium'. It is of course to be remembered that burgus or burgum was a word with which the Normans were familiar: it was becoming the French bourg. It is difficult to unravel any distinctively French thread in the institutional history of our boroughs during the Norman age; but the little knot of traders clustered outside a lord's castle at Clare or Berkhampstead, at Tutbury, Wigmore or Rhuddlan, may have for its type rather a French bourg than an English burh. Indeed at Rhuddlan (i. 269) the burgesses have received the law of Breteuil.

139. For Taunton, see D. B. i. 87 b: 'Istae consuetudines pertinent ad Tantone: burgeristh, latrones, pacis infractio, hainfare, denarii de hundred, denarii S. Petri, ciricieti.' Compare the document which stands as K. 897 (iv. 233): 'Daet is aerest... seo men redden into Tantune cirhsceattas and burhgerihtu.' See also K. 1084 (v. 157): 'ut episcopi homines [apud Tantun] tam nobiles quam ignobiles... hoc idem ius in omni haberent dignitate quo regis homines perfruuntur, regalibus fiscis commorantes.'

140. D. B. ii. 5 b.

141. D. B. ii. 104.

142. D. B. i. 163.

143. D. B. i. 75.

144. D. B. i. 100, 108 b.

145. D. B. i. 86 b.

146. D. B. i. 87.

147. See above, p. 188.

148. D. B. 38 b, 44.

149. D. B. 64 b.

150. D. B. 66.

151. The burgesses belonging to Ramsbury are really at Cricklade: D. B. i. 66.

152. It seems very possible that already before the Conquest some boroughs had fallen out of the list. In cent. x. we read, for example, of a burh at Towcester and of a burh at Witham in Essex. We must not indeed contend that a shire-supported town with tenurial heterogeneity came into existence whever Edward the Elder of the Lady of the Mercians 'wrought a burh.' But still during a time of peace the walls of a petty burh would be neglected, and, if the great majority of the inhabitants were the king's tenants, there would be little to distinguish this place from a royal village of the common kind. See for Towcester, D.B. i. 219 b; for Witham, D. B. ii. 1 b. In later days we may see an old borough, such as Buckingham, falling very low and sending no burgesses to parliament. It will be understood that we have not pledged ourselves to any list of the places that were boroughs in 1066. There are difficult cases such as that of St. Albans; see above, p. 181. But, we are persuaded that few places were deemed burgi, except the shire towns.

153. A last relic of the old borough peace may be found in Britton's definition of burglary (i. 42): 'Burglars are those who feloniously in time of peace break churches, or the houses of others, or the walls or gates of our cities or boroughs (de nos citez ou de nos burgs).'

154. By a charter of enfranchisement a lord might introduce burgage tenure and abolish 'servile customs'; but it must be, to say the least, doubtful whether he could, without the king's licence, confer upon a village the public status of a borough and e.g. authorize it to behave like a hundred before the justices in eyre. This is one of the reasons why sheriffs can draw the line where they please, and why some towns which have been enfranchised never obtain a secure place in the list of parliamentary boroughs.

155. Hist. Eng. Law, i. 630. When it is being said that if land in the borough escheats, it always escheats to the king, the mesne tenures are already forgotten within the borough, just as in modern times we have forgotten them in open country. The burgher's power of devising his land made escheat a rare event, and so destroyed the evidence of mesne tenure.

156. See above, p. 256. Also the king might give away an undivided share of the borough. Apparently the church of Worcester had received the third penny of the city ever since the day when the burh was wrought by the ealdorman and lady of the Mercians. See above, p. 237.

The End