were liable to supply their quota to military expeditions, and a royalty by way of feorm or rent, in kind or in money, appears to have been reserved in some of the grants which were so liberally bestowed on them (q).

Judging from the state of the possessions of the church of Worcester (r), it would appear that for some time before the Conquest all or most of the lands of the Church, exclusive of the demesnes, had been granted out hereditarily to be held on different services (s): the abstraction of services due to the Church in respect of different lands, by the usurpations of the Danes and Normans, is one of the chief complaints in Heming's compilation (t).

But land became subject to services and the rights of patrocinium or tenure, not only by grant but by commendation; that is, persons of small estate, in order to obtain protection against aggressions by violence or under the forms of law, or to obtain a supporter for less worthy purposes, placed themselves, much after the manner that had been practised by the Roman provincials (u), under the patronage of some powerful individual, or of a church or monastery (x). From the operation of these several causes there was scarcely any land in the kingdom. in the time of Edward the Confessor which was not held of some [*48] lord (y), though some of the tenants (those who had originally become vassals by temporary commendation only, and had taken care to preserve evidence of their original title) might choose for themselves and their lands whomsoever they pleased as lord (2).

Subinfeudations are frequently noticed in Domesday: probably sub

(7) See the law of Alfred, § 2. Anc. L. p. 61; and the charter of Œthelred, alderman, cited in the note; other stipulations were, as after mentioned, introduced into these grants.

()" Hæ sunt terræ quas monachi de Wereceaster habent ad eorum propriam pertinentes utilitatem et ad utilitatem suorum subditorum, qui eis debita persolvunt servitiorum," Heming, 319: then follow various grants, beginning with that of Offa, R.; et v. 294-5.

(s) Hoc pacto eis terras sanctæ ecclesiæ sub me tenere concessi." Indiculum libertatis de Oswaldes Lawe Hundred, temp. Edg. Heming, p. 293. Et v. p. 78. 296. 319; also extracts from Domesday, ibid. p. 300, 301 303; et v. ib. p. 81, "sicut alii sui feudati," temp. Will. I.

(1) Some of the spoilers still professed to render the accustomed services, Heming, 269. 272.

804. "Sit libera cum ruris et libris ad eligendum patrocinium ubi placitum sibi fuerit,” &c., Jud. Civ. Lond. § 1, p. 229 (which seems to imply that all bocland then had a lord); it continued even after the Conquest, as after noticed, for a time, Heming, p. 271. This practice, as is observed by Montesquieu, Mr. Hallam, and Mr. Allen, was general throughout Europe; v. int. alia, Marculf. Form. i. § 13; Baluze, ii. p. 383; Greg. Turon. iv. c. 41; Introd. to Code Nap. ccxxxix.

(y) Heywood on Ranks, 139.

(z) V. int. al. Domesday, Sudrie, under title Terra Epis. Baiocensis, p. 32; Hereford, 181 a. under title Terra Regis; Inquisit. Eliens. Suppt. to Domesday, 499. Lord Lyt. Hen. II. iii. p. 367, has collected several of these notices. Some could not recede without license, or precepto regis, Domesday, 32 b. The entries, "Alnod tenuit in Alod. de Rege," "Osgod tenuit de Alod. de Rege," Domesday, Hampshire, p. 53 a. would show that even as regards the king's vassals this right had been in some instances preserved. The Domesday Commissioners particularly notice the few cases where the jord of the land could not be ascertained, thus,-" Comitatus nescit de quo tenuerunt," Domesd. Warwickshire, terr. Episc. de Wircestre.

48

Generality of Beneficiary Tenure at the Conquest.

infeudation was not such an alienation as required the consent of the superior lord. Many persons before the date of that survey must have been vassals by commendation and by grant, they being also lords, which would create another description of subvassalage (a). A large extent of land appears by Domesday to have been held of various manors (b). It remained, as we shall see, for William the Conqueror to introduce the doctrine that all should be considered as holding their lands mediately or immediately from the sovereign, on the condition of military service to him as superior lord of all.

The kings not unfrequently granted a principality, district, or county to a vassal (c), to be held on the condition of military service, which thus became a feudal principality. Edmund having acquired the county of Cumberland by conquest, granted it to the King of Scotland, on condition that he should serve with Edmund in his expeditions by sea and land (d).

The grants of the kind last described, which bear a strong resemblance in their nature and the policy on which they were founded to the provisions adopted by the Romans for protecting their frontiers (e), were perhaps the only strictly military feuds which were created during the time of the Anglo-Saxons. The general obligation of military service *in defence of the state rendered it unnecessary for the sovereign [*49] to exact any express stipulations to this effect in the grants of ordinary benefices; and as regards subjects, the mutual duties of the man to his lord secured to the latter in war (f) and in peace the service and devotion of the beneficiary without express stipulation.

Looking back to the connection of lord and vassal in all its bearings, as above described, and this impression is not removed when we view it in its maturity, it is impossible not to see that the principles on which it was founded, were domination on the one hand, and servility on the other, under the names of protection and reverence. Such a system is perfectly congenial with the aristocratic principle that prevailed in the Roman dominions whilst the republic endured, and which was incorporated with the principles of despotism which were introduced during the empire; but to suppose that it originated in the wilds and forests of Germany appears to me to be inconsistent with history, and looking to the condition of the ancient Germans, wholly irreconcilable with probability. How these principles were moulded and controlled in practice is quite a distinct consideration.

(a) Domesday, see extracts in Heming, p. 308. 432, &c.; Heywood, p. 206-209. 223, and the references.

(b) As to which, v. inf.

(c) Nomine regia dignitatis, Wallingf. p.

545.

(d) Sax. Chron. A. D. 945, p. 115. The

oath of fidelity was renewed by the Scots
on the accession of Edred, ibid. a. D. 946.
(e) V. supra, p. 31.

(f) By the universal law applicable to benefices or feuds, to desert the lord in bat tle was ingratitude, and operated a forfeit ure, Lib. Feud. ii. 55, 57.

Ceorls or Churls-their Condition-Interest in their Farms. 49

CHAPTER XI.

THE CEORLS OR CHURLS.

Lands in general cultivated by Persons attached to the Soil-Some of them in Servile StateOthers Free-The CEORLS-Called in Latin Charters, Manentes, &c.—On the Continent, Coloni, Villici, &c.—Interest in their Farms-Ceorl might become a Thane or an EorlCeorls and Servile Cultivators correspond with Coloni and Inquilini of the Roman Provinces-Tenure in Free Socage.

WE will now take a view of the condition of those classes of the people from whom tenure in villenage the parent of modern copyhold tenure, and tenure in socage, and burgage tenure, were derived (a), Those classes were in great part the ancestors of that middle order in society which has been gradually rising by its steady perseverance in the pursuits of commerce and useful industry into its present importance. Down to the time of the Norman Conquest, the land throughout the *kingdom generally was cultivated by persons attached to the soil. Of these some were in absolute slavery (b); others under [50] the name of ceorls were treated as free men (c). The ceorls are mentioned in the earliest of the codes; they had their cottages, and slaves or laborers (d). The ceorls were attached to the soil (e), in which they had a recognized interest (f). Generally speaking, so long as the ceorl paid his accustomed rent, and performed the accustomed services, whether general or defined, neither he nor his children could be removed from the land, nor by law could a higher rent or a greater proportion of labor be exacted from him than custom warranted (g). If the ceorl contumaciously neglected to render his services or rent, it would seem that he could expect no mercy (h).

The ceorls are mentioned in the later Anglo-Saxon charters, under the name of cassati, and manentes, and tributarii; indeed, in most of the charters (i), there is no other description than the land of so many

(a) See 2 Bla. Comm. 89.

(6) The cultivators are frequently referred to under the names of solicolæ, rustici, in digeni, incoli, and such like names, Kemble, ii. 159. 161. 229. 231, &c.

(e) Anc. L. i. p. 69. 85. 127. 129. 216. "Ceorl, who resides on gafol land," Alf. and Gunthrum's Peace, § 2; Anc. L. p. 155. It Would seem from Edg. § 7, p. 269, compared with ib. 265, that they were bound to attend the gemotes, though they could not act as judges, Leg. Hen. 1. § xxviii.; Anc. p. 532. Many, no doubt, were emancipated slaves, as in the continental states, Rip. tit. Ixii. § 1; Alfred's will, ed. Pickering. p. 26, note (b).

(d) Ceorl's Mundbyrd, vi. shillings, Ehelbirht. § 15; Anc. Law, i. p. 7; ib. § 25; Alf. § 25: Anc. L. 79.

(e) Inæ. § 39, 40. 42; Anc. Laws, i. 127.

(f) The condition of the villeins at the time of the Norman Conquest was much the same-see the reference, infra.

66

(g) Cnut. Anc. Law, i. p. 415; Bromt. 930;Anc. L. ii.p.542. I take the meaning of the Danish word "Bonda," in this law from the Glossary (" Ceorl," Villicus,") and Sir F. Palgrave; rather than from the translation "husband" in Anc. L. i. p. 415, though apparently favored by Bromton's version; especially looking to the use of the words "bonde land" in the Sax. Chron. p. 61; et v. Inæ. § 38. These rights and liabilities depended much on custom which varied in different places, see Anc. Law, p.

433.

(h) Recital in Edgar's Laws, Anc. L. p. 271, and Gloss. voce " Geneat."

(i) In some of these grants the description is general, Kemble, i. 312-14.

50

Churl might become a Thane or an Eorl.

manentes, cassati, or tributarii (k). The same description of persons are found throughout all the continental states under terms of similar import (1).

It was the ceorls who were bound to pay the tithes due to the clergy; if they omitted to do so, the whole produce was seized; *two parts were delivered to the Church, the remaining eight were divided [*51] between the landlord and the bishop (m). The laws requiring that sales of goods should be effected before a gerefa or witnesses, appear to have been principally directed against a traffic being carried on by them in stolen cattle (n). If a ceorl acquired five hides of land, his were, or the price of his life, was equal to that of a thane; if his son and his son's son should so thrive as to have as much land after him, the offspring were of Sithcund race, and valued as thanes (o). A sithcund man might leave his farm and take away his bailiff, gerefa, his smith, and his child's nurse; but he must leave a certain portion of his farm in a proper state of cultivation (p). If a ceorl could acquire the requisite qualifications (q), his birth presented no obstacle to his being advanced to the rank of a Thane, or even to the dignity of Eorl (r). When Domesday was compiled, the ceorls had acquired the general name of villani, cotarii, and other designations (s); the lands they held were called villein lands (t).

In the condition of the ceorls we observe one of the many striking examples of the adaptation of the German to the Roman institutions-the ceorls and servile cultivators or adscriptitii in England as well as in the continental states, exactly corresponded with the coloni and inquilini of the Roman provinces (u). The condition of the rural slaves of the

(k) "x. Manentium-v. Cassatorum," Cart. Offæ. A. D. 780, Kemble, i. 166. " manentium-xxx cassatos” ib. p. 126. 173. 297; ib. i. 300; ib. ii. 59, &c.; et v. Hist. El. 520, 1. Spelman defines "Manens""mansi incola qui hydam colit," Gloss. p. 388. "Casati"-"vasalli colonici tam liberi quam servi." Mansus was the name of the farm of a continental colonus, Baluze, Gloss. tom. ii. p. 728. The expressions in the grants of land, "vi cassatos, i. e. xxxii tributariorum," and the like, Dug. Monast. vol. vi. p. 1163, 4. 7. 1176, 7, &c. show that the mansi or farms were subdivided and cultivated by distinct families of cultivators of different classes-Hence there arose a class of ceorls who acquired the name of cotsetlan, geburi, beoceorle, &c. Anc. L. p. 433. 435. (the cotarii. bordarii, &c. of Domesday,) whose condition, depending on custom, is not very clearly defined. Sometimes these adscriptitii were expressly devised with the soil in wills, Hickes, Dissert. p. 54, note; they are expressly granted in some of the continental formularies, Baluze, ii. p. 471.572.

(l) Leg.; Alam, tit. 9, &c.

(m) Edg. Anc. L. 265: Ethelr. ib. p. 343. (n) Edg. § 8, p. 275; Ethelr. p. 283, &c. (0) Leg. In. 63; Anc. Laws, vol. 1. 145. 147; ib. p. 187-9; Inæ. § 45; ib. ii. 467.

(p) Inæ. § 63. 66, p. 145.

(9)" Five hydes of his own land, a church and kitchen, bell-house and burhgate seat, and special duty in the king's hall."

(r) Anc. Laws, i. 191; Ethelr. Wilk. p. 112; so a slave might become a thane, ib.

(8) V. sup. p. 50, n. (i). The directions to the Domesday Commissioners were to inquire int. al. "quot homines, quot villani, quot cotarii, quot servi, quot liberi homines, quot sockemanni-quantum ibi quisque liber homo vel sockemannus habuit vel habet, &c. temp. Reg. Edward. et quando Rex Willielmus dedit, et quomodo sit modo." Inquisit. Eliens. p.497; Palgr.ccccxliv. v. Six villani were to be put on the jury or inquisition. The were of a villein was declared to be C. Sol. by the laws of Will. I. $ 8, and the relief to be paid by him was fixed, ib. § 21; Anc. Laws, i. p. 470. 477, et v. § 29, p. 481; so that the ceorls clearly continued to enjoy their ancient rights at the Conquest, though their condition afterwards was greatly deteriorated, Bracton, lib. iv. tr. 1, § 28.

(t) V. int. al. extracts from Domesday, Heming, 305, "terra villanorum," ibid p. 301, "terra libera, vel villana."

(u) Sir F. Palgrave's description of the Anglo-Saxon ceorls, Rise, &c. p. 17, might

Socmen-Socage Tenure.

51

Germans (2) so nearly resembled that of the Roman coloni and AngloSaxon ceorls, that it is not improbable the ceorls may have been in part composed of the descendants of the slaves brought over by the conquerors; though it is probable that a large proportion of them descended from the original cultivators whom the policy of the conquerors may have induced them to spare, and to leave in the same condition in which they found them. In England as on the Continent (y) [*52] free men were frequently glad to accept of a portion of land, especially from the king and the church, on the condition of performing rural services, such as ploughing the lord's land, and the like. The socmen of Domesday were possibly persons of this description; but their condition was of a peculiar character (z). It is from this kind of holding that the tenure in free and common socage of later times appears to have derived its origin. The condition of the population of the towns, as will be noticed in the next Chapter, very nearly corresponded with that of the rural districts.

CHAPTER XII.

CONDITION OF TOWNS AND THEIR INHABITANTS-MUNICIPAL
INSTITUTIONS.

From the Commencement of Danish Incursions Towns usually fortified-From Time of Alfred London of great Importance-Danes on their Settlement resorted to Towns-Commerce of London-Traces of Municipal Government to be found in Anglo-Saxon Towns -Short Account of ROMAN MUNICIPAL REGULATIONS in Reference to those of the AngloSaxons-Magistrates-Companies-ANGLO-SAXON GILDS or COMPANIES-Companies of Weavers, &c.-Gilds in London having separate Property-Other Towns had PropertyCompanies or Gilds could only be created by the King-Barons or Aldermen of LondonRestrictions to which the Burgesses were subjected-Condition of the Inhabitants of Towns generally-Tallages-Alodial Right, continued in Canterbury after the Conquest-Power of devising, in London and Oxford.

FROM the time of the commencement of the Danish incursions, the towns throughout the kingdom were usually fortified (a), and the build

have been compiled from the laws relating to the coloni in the Digest and Codes. The material passages are collected, Inquiry, &c. p. 33. 35. The names of the coloni, and those of their families were inscribed in the archives of the colony or district-hence the name of adscriptitii. The colonus owed the same reverence to his lord as a freedman, Cod. xi. 49; 2 L. Arcad. et Honor.

(z) Tac. de Mor. c. 21.

(y) See the formularies, Baluze, tom. ii. p. 530. 571, and 686.

(z) "Hanc terram tenuerunt iv. sockmanni, temp. R. E., de Abb. Ely; non potuerunt recedere vel vendre absque ejus licentia;""Quas tenuerunt vi. sockmanni de socha Abbatis Ely, de quibus non potuerunt dare nec recedere, nisi iii. viri,

absque ejus licentia, et si alias vendidissent iii virgas, prædictus Abbas semper socham habuit temp. R. E.," Domesday, p. 499; others might depart" absque licentia," ibid. and v. p. 501; and see the instructions to. the Domesday commissioners, sup. p. 51, n. (s).

At the Conquest nearly the whole of the country between the Mersey and the Ribble appears to have been held by Thanes "Taini" on base services, Domesday. We have frequent notices elsewhere in the same record of free men holding land on the performance of servile offices, Heming, p. 305.

As to the origin of socage tenure see Bracton. i. 11. § i. fo. 7; Co. Litt. 116 b, and fo. 86; and Introd. to Domesday, p. xxi.

(a) Sax. Chron. Gibs. 108. 110, a. D. 921