before William the first that he sided not against him and that being found true he and all those in his condition h Weentun Monum hiâ— example â—n Câ—â—ington of Sir Rob. Cotten like to lose all were confirmed in their Lands and Lordships to have and hold those are the words of the confirmation as wholly and peaceably as ever they did before the conquest By the Records of Term. Trin. 21 E. 3. Comit. Ebor Com. Northumb Rot. 191. This Drench is described thus That the foresaid Vghtred held the said lands viz. In Northumberland of our Lord the king and of his progenitors kings of England by the service of a Drench which service in the parts foresaid is such that of whomsoever he holds any thing there by such service it is held and if the Tenant dye his heire being within age the Wardship of the heir and land belongeth to the Lord of which c i D. Spelm. gloss verbâ— Dronches with the marriage Whether wardship and marriage as the Lord Cook k 4. Inst 193. no badges of servitude be of the same antiquity with king Aelfred I will not take upon me to determine the Lord Cook as also the Mirrour in the place cited by him are for the affirmative l Inst 1. p. 76.4 Inst 292. mire sect 3. graft 911. c. By a law if any man dye intestate the Lord is to have nothing but what is due by the name of Hereoâ— m Ll. Cnuâ—â— c. 68. by Mr. Lambard this is acknowledged Engish-Saxon and thought to be the same with relief one place sayes Relief or rather Herent n Not. in radwes 152 and Hereot or relief o 154. 161 id compares the Hereota to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hereor is a service and acknowledgement of the seigniory of another a tribute so Dr. Cowel given to the Lord amongst the Saxons for his better preparation toward the war In the Monastical institutions of king Edgar Hereot is called geÆ¿unlic gae ul a customary Cens or duty said to be given to the kings by the great men of this Country after geþtenege their death It is forbidden by this king to be given for all Abbots and Abbesses p In not ad eadm before as it seemeth not so free as here the words By the great men after their death make it quite another thing though it is called so from relief which is for the heir and never paid but where there is one q Gloss verbo Hereot The Hereot was to be reasonable and here again we shall see the ranks of the Saxon noblesse The Earls eight horses four sadled four not four Helmets four coats of maile and eight spears as many shields four swords and two hundred * Saxon â— Marks of Gold The greater Thanes the kings Thanes four horses two sadled two not two swords four spears as many shields an helmet a coat of maile and fifty marks of Gold The Medmere or under Thane one horse ready his weapon or as amongst the West Saxons his neck ransome amongst the Mercians two pounds amongst the Easâ—-Angels two pounds The Kings Thanes Hereot amongst the Danes who has free jurisdiction ðe his socne haebâ—e foure pound and if he be further knowne to the King two Horses one sadled the other not one Sword two Speares two Shields and fifty markes of gold The conclusion has not Infimae conditionis Thani as the Latin is But he that has lesse and lesse may be he two pound r Ll Conti. c 69. other Lords had their Hereot too The Lawes of Kings William which as the title were the same which King Edward obserued calles this which in these Lawes is Hereot reliefe and the Earle Kings Thegne and Underthane who are here charged as is said there are called and named Cnute Barun and Vavasour and charged much in the same manner Å¿ â— 22 23 24 v. c. 20. with little difference King Edwards Latin Lawes where any man falls in warre before his Lord by Land or else where forgives his reliefe t c. 3â— and gives his Heires his Lands and Money without diminution u ibid. I will observe a little out of those old grants and Charters which preceed the Normans by which the religious heretofore made their titles onely carefull to get and to be free where we shall finde other men were not so The confirmation of Pope Agatho of the new raised Monastery of Medeshamstede after Peterborough before the age of Charters w An. 680. Concil Sax. 164. recites the immunities It was to be in no ðeudom in no kinde of servitude neither to King Bishop nor Earle No man was to have any rent or tribute there in the Councel of Becanceld King Withered freed the Church from all difficulties of saecular servitude from feeding the King Princes Aldermen Earles from all works the greater and lesser grievances c. x Concil Becanceld Au. 694. Concil Sax. 190. Witlafe King of the Mercians in the yeare 833. confirmes to the Monastery of Crowland their Lands and Tenements thus I grant deliver and confirme those Lands and Tenements c. for a peaceable and perpetuall possession to have from me and my Heires whosoever Kings of the Mercians after me to succeed in puram Eleemosynam in perpetuall and pure frankalmoigne Libere quiete et solute or as we now use it quit and discharged from all saecular charges exactions and tributes whatsoever by what name soever y Ingulp hist Concil Sax. 328. as another place amongst many things done said Ceolnoth the Archbishop before the whole Councell of Kingston shewed That the aforesaid Kings Egbert and Aethelwulfe his Son gave to Christ-Church at Canterbury the Mannor called Mallings in South-saxon free from all secular seruice and tribute royal except these three expedition military fird or firdfare upon the Herebanne the proclamation or edict military and to repair Bridges Castles Brugbote and Burgbote z Concil 340. by some not to be released * Charta Eâ—dbaldi Mâ—lmsb de gest reg l. 1. Iâ—ae reg Glelienb Concit 228. which was not true The most learned Mr. Selden saies in England before the Normans were military fiefes the Earles and Thanes were bound to a kind of Knight service all the Lands of the Kingdom except some priviledged c. held of the Crown mediatly or immediately but saies he the expedition mulitary c. those three were not so much by reason of tenure as general subjection to occasions of the state a Tit. Hon. 1 Edit 321. likely so yet to recite the opinions of others there are that thinke this firdfare to be the same with our escuage the Charter of Kenulph An. 821. the Mercian King to Abingdon discharges all services but the expedition of twelue men with their shields cum scutis burgbote c. as the most knowing Knight In the antient Charters
a Virgin That after Sisters the next kinsmen were to inherit Antiquity is a notion considerable makes thus much that laws under which people for many ages flourished which use and experience have by a long prescription beyond all memorie of men approved may bee thought essentiall parts and we may say of them as is said in Curtius of the Macedons and their Alexander Amisso rege nec volebant salvi esse nec poterant But some there are whose reason is implicite though their faith be not which here might be more tolerable still calling for reason which I wish they knew when it stood before them readie without more adoe where they doe not understand where they find not the reason of things to revile the Law and cry out it is without reason It may be thought we are claiming the Libertie of the Quodlibets where what we please may be disputed without any imputation of slander or impictie though never so absurde foolish or blasphemous where the disputant used to be safe being armed with this title and I conceive it ought now to be allowed to some But to proceed the wise and modest cannot but know and consider it that at this distance and after so many ages the reasons of constitutions ought not to be enquired after otherwise many of those things which now are certaine would be subverted as Suarez The reason of the Legislator cannot alwayes be knowne This I say of all Lawes c L. 2. de Legib. c. 14. all have certaine principles and foundamentals to be granted not now to bee disputed humane Lawes are nothing else but rules by which Justice is taught yet why this particular way of remedie should be laid for that part or such a rule for another mischiefe for no doubt they would desire remedies for mischiefes which might have been and as properly for there may bee severall meanes to one end supplied another way would be a very vaine thing now to seeke into This is the opinion of those of the Civill Law though they cannot as they say give a reason of all their fiore Fathers Institutions d Leg. non omzium yet they will tell you as they have cause for it that there is reason enough in their Law and that obvious enough to those that take paines to find it in their books It has reason everywhere saies Gentilis e l. 2. Epist c 2. but not every where conspicuous Alciat blames Bartolus for denying reason to be the essence of the Law f Alciat l. 1. de verb signif what is said by Diodorus upon that Law of Charondas for the gardianship protection and education of Orphans may be said of all Lawes when understood by long studie for Revelation can doe nothing here The Law of Orphans saies he is full of grace and favour but if any shall weigh and interpret it by the superficies and barke of the words be will thinke but meanly of it but whoso looks profoundly and diligently into it he that searches to the bonc and marrow will judge it to bee made by the wisest counsell worthy singular admiration g Biblioth l. xii The age of the Law of the Land shewes its reasonablenesse Curtius did not speake at randome where hee saies nothing can be lasting which is not propped up by reason the ground of the Law is as Saint German reason the Petition of right has these words against reason and the Franchises of the Land The fifth of Rich. the 2. wills that the Barons of the Exchequer Doe right according as Law and Reason demandeth the fourth of Edward the third hath Right and Reason The mischiefe or danger attending and going along with this prying and disquisition into the Lawes is commonly a change of the Lawes which is followed by a change of manners at least if that be all Those busie Libertines Extravagants New-fangled Fantasticks whose conceptions are so admirable and who can so easily over-doe that which by the testimonies of all orders of Englishmen of all ages as I shall show in my next Chapters has beene concluded to be most excellent would serve their Countrey better and show more care of its quiet and peace if they would obey these Lawes alreadie setled then by troubling themselves others in that which very likely neither themselves nor others shall be happie in if it take effect and how ever ere this Goal be reached too much must be ventured in the way the multitude is not to be let lose for it the rable ignobile vulgus either in the Citie or Countrie have their Trades their Husbandrie to attend to busie themselves in those are their Artes Laws and Government policie are above them Nan est consilium in vulgo Mount Sinai wher the Law was given was sanctified God appointed bounds to be set about it the people were not to touch the border of it nor to come neer it If this sweet and beautifull garden be over-grown with a few weeds it would be no discretion to turn Herds of uncleane Swine in to root them out Some Chariotiers drive not easily let the House bee fowle as Augeus Stables we should not open the flood-gates of the deep strike like Aeolus the den of the Windes and pray in aide of the stormes and tempests and the Sea it self to cleanse it rather then the precious Pallas of their braines should not bee brought forth Some new Lusinia or Vtopia might be found out where with more innocencie their new Common-wealth might be set up He that will judge saies Aristotle h 2 Top. It is better to judge according to the Lawes then out of a mans owne knowledge and sentence although a man out of knowledge may see clearly yet I may say the Lawes have more eyes then Argus they see with the eyes of many ages with the eyes of all the most noble most wise most learned Counsellers of State and Judges of all the most judicious pious and peaceable Citizens of this our Countrey The ignorance of the Judge is the calamitie of the innocent i 2 Just 30 So it must be here of the Law I speak not of polishing refining or ading to the Lawes to compleat them where they are not full may be over-reached by the cunning of injust men had not this been often done the Lawes had not gained the perfection they have now attained but I say this is not to be expected not to be pretended to in the street where nothing but noise and clamour can be had nor can he who removes the angular stones be said to repaire Aristotle thought that Lawes received were not to be changed although there were some incommodiousnesse in in them k Pol. 2. And Cleon speaketh thus in Thucydides his sence and words A Citie with the worst Lawes immoveable is better then one with good Lawes not binding or as I may say subject to to the capricious humors of every peevish shallow tradesman of
without triall justice shall not be sold nor deferred c. The observation of these Lawes was a condition of Peace which ever appeased the antient distempers and cemented what was loose and dis-joynted in the great body The Lawes toe of St. Edward are inserted into the oath of the Kings of England usually taken at their Coronations which were not onely superfluous and abundant but an impious vanity if there were no such lawes any where after the solemnity of this religious and sacred bond to be observed The manner of taking the Oath as we find is this The Archbishop asks the King VVhether he be willing to take the Oath usually taken by his Predecessors and whether the Lawes and Gustomes by the antient just and devout Kings granted to the people of England with the confirmation of his Oath he will grant and keep to the same people and especially the Lawes Customes and Liberties by the glorious King Edward to the Clergie and people granted d Ex libro regali After he is led to the high Altar where he swears to observe them c. Further so farre are some from allowing our Lawes to be Norman that they are of opinion the Normans received theirs from us as they most of their Customes being so derived as William of Rovel in his Preface to his Commentary upon the grand Customary Edward the Confessor being a long while in Normandy gave Lawes to the Normans and made the Customes of England and Normandy e D. Spel. gloss v. jurata which if it were not so nothing is lost by it nor does it make any of these truths suspitious * Sup. 55. that so few of these Lawes are come to our hands of which something is said before and of their Book-Cases or Judgments none at all There never could be any such Volumes of them heard of as are fancied besides the honest simplicity of the first ages and the strictnesse of rules spoke of writings and deeds either to pass Lands or Priviledges were not in use till King VVithred neer 700. years after our Saviour that King being so illiterate that he could not write his name as himself confesses f Concil Sax. 198 King Aelfred little lesse then two hundred years after this complaines of the ignorance then that there were scarcely any on this side Humber who could understand the ordinary common prayers or translate a piece of Latine into English but in the beginning of his reign on the South of the Thames he remembred not a man who could have done it g Ibid. 379 Epist Aelfredi ad Walsagepiscep and although this King of sacred memory if perhaps as I cannot thinke he was not the Solon and Arthitect of our Saxon English order yet a great restorer of it built gloriously upon the frame he found yet these were lesse then beginnings would likely have been where such a Prince had been the Workman he could not intend them the Danes like a fatall whirlewinde tearing up root and branch every where ruining had long before broke into the Land which two hundred yeers together they miserably harassed with whom he fought fifty six battells and as may be imagined had not leisure to performe the duties of peace but in his armes sometime hid in the poore shed of an Herdsman as the most knowing Knight a King without a Kingdome a Prince without people so that hee could not thinke of his Lawes h Concil 378. and although there was some breathing and the storm had some intermission some calmes were in the two hundred yeeres some in his reign yet such ravage and spoil had these barbarous theeves made and so universall might the Confusions and Disorders be we may conceive it would be the labour of no short peace to restore things fallen or shaken to their first condition without making any the least progression this being not to be done till the corruptions which warre licentiousnesse and carelesse negligence have bred in the parts most sound are plucked up and the weeds throwne out which must be the worke of time The proceedings too of the Saxons our Ancestors as M. Lambard in judgement was de plane and without solennity enough to cleare this though the Saxon Lawes then were enough for the Commonwealth yet they had no great extent whatsoever unto S. Edward gathered out of the Lawes of those who followed this King and saw more quiet dayes or out of the whole body of the Saxon Lawes could not reach farre but not out of any defect in the Law it selfe then the cause why the law runs in a larger channell and spreads into more veines now is not any artifice or injust dealing of those who practice it but the improvement of estates by good husbandry much traffique whence contracts are more frequent As Sir John Davies there is more Luxury and excesse in the world more force deceit and oppression more covetousnesse and malice breach of peace and trust which as they gather strength and multiply so must the laws there is a necessity that as these mischiefs increase there should be supplements of laws to meet with them Mr. Daniel observes of the Assize of Clarendon long after the Saxons that it consisted as it does of very few points and that the multitude of actions which followed in succeeding times grew out of new transgressions c. When the Romans were little better then shepheards and herdsmen it is said a few Ivory tables contained their laws after they came to be Lords of the world thousands of Books were writ of the Romans Civil Law Albericus Gentilis justly reprehends Ludovicus Vives who maintained as he that all things might be finished by a few laws as the same Mr. Lambard speaking of the Law of England positive or written Law neither is nor can be made such a perfect rule as that a man may thereby truly squâ—e out justice in al cases which may happen for written lawes must needs be made in generality and grounded upon that which happeneth for the most part because no wisdome of man can foresee every thing in particularity which experience and time doth beget i Archeior 76 77. There is a curse of peace the highest prosperity has its dangers there can be no safety in it the rich man is more infirm more unsound then the poore pride and malicious contention are diseases he is seldom free from it is well said of wicked men and their injustice there is need of many laws to bridle them of many Officers to execute of many lawyers to interpret those laws We know all laws come not in by heaps but as time corrupts things and new wrongs and offences are discovered by the same degrees Thus the Sumptuary laws amongst the Romans came in the Fabian of Plagiaries the Julian of publike or private force de ambitu and the rest all our Statute laws which are remedying So must it be and so it has been in all Commonwealths of
complaine volenti non sit injuria he might have refused the thing his acceptance binds him to the charge coincident Hotoman describes a fief to be a benefice for which some duties are done to testifie the gratefulnes of the taker t Disp c. 1. I should think here would be the injustice That the whole benefice should be enjoyed by the Tenant and the Granter from whom it moved be allowed none of his owne reservations to himselfe I beleeve there are few men now without harths or housholds Gods who would resufe a good manner because these tyes hang upon the Labell Sir Themas Ridleyn a Civilian fetches the Feudes chiefly from the Lombards u View c. 71. much augmented and adorned by them they might be w Gloss D. sp 256. which Lombards were Cousin-Germanes of the English Saxons whose Companions in the Conquest of Italy part of the Saxons were and their charges are almost the same with ours yet in the volume of the antient Lombard Lawes the word feud is not to be found seldome the word benefice but their are many things directly tending to this purpose as also in the Laws of the Franks called the Capitulars our English Saxon those of others The word feud is of Saxon originall feb fech from whence it comes being the same with fee in use now The greatest part of the words taste not onely of the Germane but of it 's more ancient dialect the old Saxon. x D. spelm ibid. The feuds came but of late to be a volume of the Civill Law composed by Obert de Horto and Gerard Niger under the Emperour Fredericke the first surnamed Barbarossa antiently the fee was held meerly at the will of the Lord y Ger. nig l. 1. T. c. 1. after for a yeare for life made perpetuall and hereditary by Conrad the salic the yeare 1025. amongst the Germans where the discent was as we call it by Gavelkinde amongst the French in the reign of Hugh Capet which he began in the yeare 988. in the yeare 913. as Munster will have it Conrad the first changed this custome he gave the Dukedome of Saxonie to Henry the Faulconer as a fief hereditary to the end these are his words that he might be the more vigilant to combate the Obotrites now those of the Dukedome of Mecklenburge and the enemies of the Faith After as he Otho the first who began his reign 938. and his Successors did the like z Cosmegr 346. after his defeat of the Hongres a ibid. 359. Lothaire the Emperour forbad Lords to take away the Vassals fee without his crime which some interpret signall ingratitude b Feud l. c. tit 20.23 to which Conrade addes unlesse he be convinced of the crime by the judgement of his Peers or equals of the Court c ibid. which is called Landamentum It is said of the Germans the Emperour because he cannot judge causes in all places conferres upon illustrious men viz. Princes Earledomes and feudal banners d Specul Sax. Artic. 52. as another they have their fanleben or principall fees the collation and investiture of which belongeth onely to the Emperour e Stat. German p. 2.52 These were the fees of the great Captaines or Barons called by them freyberen under which are the Medii Liberi who followed the Warre and ought homage to another as Servitors noble f Munst 145. the Land they called Terra salica was the same with our Knight service g Bodin l. sixieme c. 5. this was simply called a fee military held of the Barons and Vavasours of all which the Iaws speak where are mentioned the great Captaines who received the regall fiefs called vassi dominici who held in chiefe the middle of a lower sort who received siefs from them and the lowest to whom those gave h Feud l. 1. tit 1. sec 4. Et tit 15. Frederick the first is made to speake thus We in the presence witnes of all the Teutonic's Lombards and of the Bishops and lay Princes and Barons and Vanasours c. i Raedenic l. 2. c. 31. There is a Gavelkind as well in their honours of the greatest Houses as of the Lands which held in the Crowne it selfe till Charlemaigne and is abolished in the House of Hessen but fince the last peace The words of the Lord Arundel of Wardours creation made Earle by Rodolph the 11. for his good service and valour against the Turkes at Strigoniun and the parts about were we have created him and all and every of his Children Heires and Posteritie and Descendents lawfully of both Sexes for ever to bee born Counts and Countesses c. The ancient Saxons were divided into three sorts the Edhilinges or Nobles the Frilinges or Freemen the Lazzi or Villeins which agreed exactly with our distinctions though now their remaines nothing of the latter but the memory of it with us not yet worne out a mongst the Germans and as to some duties as tilling the Lords ground carrying in his corne c. the complaint of the mutinous Clownes of the schwabische kraisse or circle of Suevia was true that their condition was little better then servile k Sleid. com l. 5. fiefs are every where in France upon the reasons before brought in as all their old Laws Institutions by Pharamond and his German Frankes the Conquerours of the Gaules The Nobles from the time of Hugh Capet tooke their surnames from their fiefs the French have their fief dominant en royale or tenure in capite held immediately in chiefe of the King and whereof many others hold their fief of Dignities either held immediately or of some fief so held then called fief mesne a Barony or Chastelleny the feudum vexillare or fief Rdnneret The fief ample or Knights fee held of the Lords Mesne Barons or Chastellaines and their fief roturior ignoble as our Socage Wardship Fealty Homage Courts Customes Iurisdiction over Vassals are incidents of the noble fiess a name as Berault which comprehends all the species but the last they have their Cotier paying the Cens a quit rent or tilling the Lords ground c. The Cens was a Custome of the Romans and imposed in imitation of them their Villain or basest servile Tenant is yet in being they have their Court feudale or fonciere which is as our Court Leet or Baron a Court of base Jurisdiction to which the Lords Vassals owe their suites and services so of Escheates there is little difference betwixt them us in them and in the right d'Aubaine where a Stranger possessed of Lands or Goods dies not naturalized The right of bannery is the same with us which is the priviledge of having a common Mill Oven c. whereto the tenants of the Maner must resort so of the dehris for wrecs or shipwrackes of right of warren fishing and fowling of Hereot a Custome of of the Germans yet of Reliefe of escuage
of Geolph sonne of Malt in Halington four Oxganges of land of Jnland which the Margent once corrects by Luland for Juland both which make it non-sense there is added and ten Oxganges in service The words Mannor Mansions Teuements Marshes common of Pasture of all Beasts are frequently met with in the antient Grants made by the Mercian and West Saxon Kings to the Monastery of Crowland f Inulphus Savil 859 864 881. with the termes acres hides Carues Oxeganges Yardlands Firmes Rents c. many of those Mannours had their Royalties or huge Priviledges as Ingulphus calls them annexed both of Jurisdiction in some parts lessened since and profit King Edgars Chatter this Monastery describes and grants them I grant and confirme sayes he c. free from all secular charge and that they have all the free Customes with all that which is called Soc Sac Tol and Team Infangthef Weife and Streye g Id. 881. amongst which Sac in the Halmot since Court Baron was common to all Mannors In the great Plea of Pennedene of which before the Archbishop is said to darrein all the Liberties and Customes of his Church Soca Saca Tol Team Flymena Fyrmthe for Flymen firm Grithbrice Forsteal Haunfare for Heinfare and Infangennetheof h Not. in Ead. 196. most of which are now worne out unknowne in these base Courts yet I will say something of them not that I pretend to give full satisfaction being in some of them unsatisfied my selfe as they are upon whom I relye for Soca D. Cowell cites S. Edwards Lawes i c. 23. He sayes some will have it an Inquest as if it were seek some Suit of Court others an exemption of the Tenents from any publike duties without the Mannor or Liberty called still soke soon socne is in Saxon liberty * Ll. Cnuti c. 69 4. free Jurisdiction frithsocne is a sanctuary a liberty of peace k Ll. Eccles r. Cnuti c. 2 In the lives of the Abbots of S. Alhanes we read with all the lands which William Chamberlaine or the Chamberlain held in the Soke of Luiton l 69. it is the Liberty or Jurisdiction of the Lordship within which the Lord may hold his Court to which the Tenants ought to resort to doe their Suit and out of which they are not to be drawne Sac is conusance of Pleas Tol is said to be a liberty to buy and sell within the Mannour m Ll. Edu c. 24. more likely some duty paid to the Lord upon such sales Team in other Saxon out of the Lawes is progenie by some made a power to have and and dispose of villains and their race it is so I gather from the Saxon laws cognizance in a Court-Baron of things claimed stollen where he in whose hands the goods were found might vouch his Vendor and he over till the Thiefe was discovered if hee were teames ƿyrþe as King Cnuts Lawes speak if he deserved the right as having bought before legall witnesses otherwise not and he was to pay the penalty imposed at the third Voucher the Owner is to have his goods the team was to be in the place where the goods were found no man was bound fylgean team to follow it I know not whether timþ is used in the Laws of Ine for vouch getiman in those of Aelfred for the Voucher as geteaman in those of King Edward the elder and King Aetheldred timan and teaman to vouch team for vouching tymoe he hath vouched in Aethelstanes Lawes tyman team in those of Aetheldred team teames tyme in Cnuts in the same sense n Ll Ina l. 74. Alfr. 4. Edv. sen 2. Aethelft 24 Aetheld 9 10. Cnuti 21 22. Edv 3.25 the other terms may be rendred by Mulct of sustaining Fugitives or Out-lawes of breach of the peace forestalling departing of a Servant Tryall of a Thiefe taken within the Jurisdiction There were Parks in the Saxon times which though it be a digression I thought fit to observe this appears by the word Deorfald Deerfold and by the Doomesday where they are are called Parcisylvatici bestiarum Wood Parks of Beasts Forrests too here are as antient called Bucholt and Buchurst is the same holt and hurst both signifying a Wood. King Cnut in his Lawes o c. 77. v. manne Ferest D Sp. gloss verb. Forresta gives any man leave to hunt in his owne Woods or Fields forbidding onely to meddle with the Kings Venison in the places of freedom other Forrest lawes were after set forth by the same Cnut one of which in the thirty chap. gives leave to hunt but not so generaly it names not woods If the Saxon original were as narrow which no man now knowes yet I see not why these laws should be suspected for it as they are p 4. Inst where this chapter is thought to be a prohibition to hunt which it is not It agrees with the law before men were to avoid the kings game not wheresoever according to the word but wheresoever he will have it according to the other law gefƿiþod priviledged free What the Thane was and how he held his Lands and Lordships I will next enquire The word Thane Thegen thein thegne we finde theowan too and all these ways it is written is used sometimes indifferently in some places meerly for the kings servants meerly for a servant as in Doomesday Cola the bunter Vluiet the hunter Godwin the Falconer c. and in a Saxon Sermon q In Beda 〈…〉 382 The Queen of Seba tells Soloman blessed are thy servants theguas and theowan the Apostles are called thenes r Bede 483. yet in other places it may be observed directly and properly restrained to intended of a Thane holding Taine Land though he might in some honourable way or other serve the king too Such might he be in Bede whom as the fable speaks no bonds could hold when his brother was at Masse praying for his soule as supposing him slain in the battel with Elwin king Egfreds brother who feared to confesse that he was the kings Thegne but said he was a folelic man and again those that were with him saw by his face and carriage that he was not one of the poor folk but that he was of noble race ſ Bede l. 4. c. 22. and being questioned answered he was the Kings Thegne There is the Kings Thane the ðeoden mean or under Thane The first the Kings Baron the other the Lord of a Mannor t v. ll reg Cnuti c. 69. as a most learned Antiquary Neither were there with them the Saxons any other created titles after the Prince or Etheling honorary it seems but this of Earle and their Thanes according to the Charter of the Confessor for the Lands of St. Pauls Church there which runs thus Edward king Gret mine Bisceops and mine Forles and alle mine Thegnes ou Thau shiren wher mine Prestes in Paulus Minister habband Land u D. Seld. tit Hon. He acknowledges there were
the feudal honorary ninrges Ãegne Kings Thane who held of the K. in chief that his land only was honorary Taineland that he held by service of personal attendance by service of an Office or military attendance he maks the ðeoden Medmera Ãegne or under Thane to be feudal too * Which sein Concil Sax. 406. Now in print and the same with a Vavassour out of the M S. of Athelstanes laws sometimes at the Library of St. James he cites Si Ceorlman prove batur ut habeat 5. hidos terrae ad ut Waram which should be utfaram expeditionem regis c. That is says he held of the King by knight service w Tit. Hon. 2. edit 622 624. In Doomesday tit Bockingham scire is Burchard Teigue 1. Baro Regis Edwardi That is Baron of King Edward Amongst the witnesses to the priviledge of King Aeiheldred granted to the Monastery of Christ Church in Ganterbury is Aethelmere the kings Discthene translated dapifer Leafric his braegel thene Master of the Wardrobe Siward the kings thene a t raed of his Councel x Concil 500 501. which certainly were Thanes or Barons by the service of these places We read of those in the Saxon Cronologie who served not n ordinary lived not continually at Court * v Sax. Cron. 534 543. or neer the kings person like those in the Confessors Chatters here yet are called the Kings Thenes The words are these And in those three yeers many of the kings most choice Thenes dyed amongst which were Suithulfe Bishop of Rochester and Ceolmund Alderman or Earle in Kent and Beorhtulf Alderman amongst the West-Saxons and Wulfred Alderman in Hamptonshire and Ealheard Bishop at Dorchester and Eadulf the kings Thane amongst the South Saxons and Beornwulf the Gerefe in Winchester and Ecgulf the kings Master of the Horse his horse Thene and many other of the most noble y Cronolog Sax. 545. Which I shall make yet more cleer when I come to speak of Hereot out of the Laws of King Cnut This Law is meant of the lesse or under Thane If any Thegne which in his bockland opposite to so cland which passed without writing hath a Church and a burial place c z Ll Edg. 2 to make it more full as before is said that the policie of these Germane Nations tended much to war the very ceorlâ—â— or plowman could not under such a penalty keepe at home when an Army was to march a Lâ— Ina. c. 52. and whosoever withdrew himself from the march forfeited all he had b Concil â— Aeâ—ham c. 24. if the king were in the expedition The Doomesday says In the City of Hereford The Burger serving with his horse when he dies The King shall have his horse and armes As there Wallingford in the time of King Edward the confessor conteined 276 hages or houses rendring ten pounds of rent or gable and who remained there performed the kings service with their horses or by water We finde in the Saxons times in a gift of lands reservations of services and creation of Tenures king Aelfred at peace with Guthrun the Dane whom he wins over to the Faith gives him the Provinces of the cast Angles and Northumberland to be possessed by Foedal and hereditary right c Concil Sax. 379. Asser men vens John Pik who writ in the reign of king Henry the first says king Aelfred gave these Provinces c. Vnder fealty of the King that he might preserve that by hereditary right which he had invaded by robbery Malmesbury relates this in the same words d de gest reg l. 2. c. 4. in the Chronology we finde Here Edmund the King wasted all Cumberland and gave it to King Malcolne king of the Scots on condition that by Sea and Land he should assist him in his wars ê§ he Æ¿aere his mid Æ¿yrhta that he were his fellow in action e Cronal Sâ—x in an 945. of the first of which Harding has To whom the King gave then all Eastenglond To hold of him the Lond. Malmesbury reports in the life of King Edgar That there came to his Court Kunadie King of Scots Maleolne king of Cumberland the arch Pirate Admiral Maccuf all the kings of the Welsh Dusual Gifreth Huual Hoel Dha Jacob and Judethil whom Edgar bound to himself in a perpetual oath f l. 2. 4. c. 8. v. tit Hon. which may be called Fealty Where the same Harding recites the beneficiary Clyents or Princes who had sworne Fealty sayes Mr. * Mare claus 280. Selden to king Cnut he addes So did the Kings of Wales of high Parage And all the North-West Ocean For their Kingdomes and their Lands than There is an example of the creation of knight service here before the Normans in the lives of the Abbots of St. Albans Then sayes the Monk in the time of Abbot Leofstane and Edward the Confessor The Chilterne a small country neer the Monastery was full of Woods in which lodged divers beasts wolves not then it seems extinct bores wild bulls and deere and which were more mischievous thieves out lawes banished men and fugitives Abbot Leofstane to the profit of this Monastery granted to a certain stout knight Thurnoth and to his two comerades Waldef and Thurman the Manner of Flamsted on condition that the said knight Thurnoth with his comerades forenamed and their heirs should preserve the west parts abounding most with thievs as well from noysome beasts as theeves and answer such losse as by their neglect should happen and if common war should happen with all their diligence and power defend the Church of St. Albans which they saith he and their heirs faithfully performed till king William conquered England then that Manor was taken from them because they would not endure the Norman yoke but a certain Noble man Roger of Thony to whom that Manor fell stoutly performed that service g Vit. Ab. 46 In Doomesday is said That the Church of holy Mary of Worcester has the hundred called Oswalds hawe in which lye 300 hides of which the Bishop of that Church from the constitution of antient times has redditiones socharum regis servitium suum Which is made Socage rents and knight service 3. Rep. Praef. In an old Charter of the age of Doomesday book are these words To Edwin and all the Teigues and Drenges and to all the men of St. Cuthbert of Goldinghamshire greeting the same as Sir Hen. Spelman with Barons knights and Freeholders In Domesd tit Cestresc Of this Manour another Land fifteen men whom they called Drenches for fifteen Manors held and tit eod in Villa Wallingtone To that Manor belonged thirty four Drenches and so many Maenors they had It is cleere so the Glossary that these Drenches were a kinde of vassals but not ignoble who held by knight service one of which Drenches he conceives Edwin in Norfolk whose posterity was after called Shireburn to have been who proving