The History of England - Vols. 1 to 6 (84 page)
Read The History of England - Vols. 1 to 6 Online
Authors: David Hume
[NOTE [F]]
The whole story of the transactions between Edward, Harold, and the duke of Normandy, is told so differently by the ancient writers, that there are few important passages of the English history liable to so great uncertainty. I have followed the account, which appeared to me the most consistent and probable. It does not seem likely, that Edward ever executed a will in the duke’s favour, much less that he got it ratified by the states of the kingdom, as is affirmed by some. The will would have been known to all, and would have been produced by the Conqueror, to whom it gave so plausible, and really so just a title; but the doubtful and ambiguous manner in which he seems always to have mentioned it, proves, that he could only plead the known intentions of that monarch in his favour, which he was desirous to call a will.
There is indeed a charter of the Conqueror preserved by Dr. Hickes, vol. i. where he calls himself
rexhereditarius,
meaning heir by will; but a prince, possessed of so much power, and attended with so much success, may employ what pretence he pleases: It is sufficient to refute his pretences to observe, that there is a great difference and variation among historians, with regard to a point, which, had it been real, must have been agreed upon by all of them.
Again, some historians, particularly Malmsbury and Matthew of Westminster, affirm that Harold had no intention of going over to Normandy, but that taking the air in a pleasure-boat on the coast, he was driven over by stress of weather to the territories of Guy count of Ponthieu: But besides that this story is not probable in itself, and is contradicted by most of the ancient historians, it is contradicted by a very curious and authentic monument lately discovered. It is a tapestry, preserved in the ducal palace of Roüen, and supposed to have been wrought by orders of Matilda, wife to the emperor: At least it is of very great antiquity. Harold is there represented as taking his departure from king Edward in execution of some commission, and mounting his vessel with a great train. The design of redeeming his brother and nephew, who were hostages is the most likely cause that can be assigned; and is accordingly mentioned by Eadmer, Hoveden, Brompton, and Simeon of Durham. For a farther account of this piece of tapestry, see Histoire de l’Academie de Litterature, tom. ix. page 535.
[y]Spelm. in verbo
Belliva.
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[z]G. Pict. p. 196. Ypod. Neust. p. 436. Order. Vitalis, p. 492. M. West. p. 221. W.
Malm. p. 93. Ingulf, p. 68. Brompton, p. 957. Knyghton, p. 2339. H. Hunt. p. 210.
Many of the historians say, that Harold was regularly elected by the states: Some, that Edward left him his successor by will.
[b]W. Malm. p. 99. Higden, p. 285. Matth. West. p. 222. De Gest. Angel. incerto
auctore, p. 331.
[c]Gul. Gemet. lib. 7. cap. 30.
[e]Gul. Gemet. lib. 7. cap. 33.
[h]Camden. introd. ad Britann. p. 212. 2d edit. Gibs. Verstegan, p. 173.
[i]Gul. Gemet. lib. 7. cap. 34.
[l]Higden, p. 285. Order. Vitalis, p. 500. Matth. Paris, edit. Parisis anno 1644. p. 2.
[n]W. Malm. p. 101. DeGest. Angl. p. 332.
[o]H. Hunt. p. 363. Brompton, p. 959. Gul. Pict. p. 201.
[p]Gul. Pict. 201. Order Vital. p. 501.
[q]W. Malm. p. 101. Higden, p. 286. Matth. West. p. 223. Du Gange’s Glossary in
verbo
Cantilena Rolandi.
[r]We know of one change, not inconsiderable in the Saxon constitution. The Saxon
Annals, p. 49. inform us, that it was in early times the prerogative of the king to name the dukes, earls, aldermen and sheriffs of the counties. Asser, a contemporary writer, informs us, that Alfred deposed all the ignorant aldermen, and appointed men of more capacity in their place: Yet the laws of Edward the Confessor, § 35. say expressly, that the heretoghs or dukes, and the sheriffs were chosen by the freeholders in the folkmote, a county court, which was assembled once a-year, and where all the freeholders swore allegiance to the king.
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[s]Sometimes abbesses were admitted; at least, they often sign the king’s charters or
grants. Spellm. Gloss. in verbo
parliamentum.
[NOTE [G]]
It appears from the ancient translations of the Saxon annals and laws, and from king Alfred’s translation of Bede, as well as from all the ancient historians, that
comes
in Latin,
alderman
in Saxon, and
earl
in Dano-Saxon were quite synonimous.
There is only a clause in a law of king Athelstan’s, (see Spelm. Conc. p. 406.) which has stumbled some antiquaries, and has made them imagine that an earl was superior to an alderman. The weregild or the price of an earl’s blood is there fixed at 15,000
thrimsas, equal to that of an archbishop; whereas that of a bishop and alderman is only 8000 thrimsas. To solve this difficulty we must have recourse to Selden’s conjecture, (see his Titles of Honour, chap. v. p. 603, 604) that the term of earl was in the age of Athelstan just beginning to be in use in England, and stood at that time for the atheling or prince of the blood, heir to the crown. This he confirms by a law of Canute, § 55. where an atheling and an archbishop are put upon the same footing. In another law of the same Athelstan the weregild of the prince or atheling is said to be 15,000 thrimsas. See Wilkins, p. 71. He is therefore the same who is called earl in the former law.
[u]Brady’s treatise of English boroughs, p. 3, 4, 5, & c.
[w]There is some reason to think, that the bishops were sometimes chosen by the
Wittenagemot, and confirmed by the king. Eddius, cap. 2. The abbots in the monasteries of royal foundation were anciently named by the king; though Edgar gave the monks the election, and only reserved to himself the ratification. This destination was afterwards frequently violated; and the abbots as well as bishops were afterwards all appointed by the king; as we learn from Ingulf, a writer contemporary to the conquest.
[x]Hist. Eliensis, lib. 2. cap. 40.
[z]Roger Hoveden, giving the reason why William the Conqueror made Cospatric earl
of Northumberland, says,
Nam ex materno sanguine attinebat ad eum honor illius
comitatus. Erat enim ex matre Algitha, filia Uthredi comitis.
See also Sim. Dun. p.
205. We see in those instances, the same tendency towards rendering offices hereditary, which took place, during a more early period, on the continent; and which had already produced there its full effect.
[a]Brady’s treatise of boroughs, 3, 4, 5, & c. The case was the same with the freemen
in the country. See pref. to his hist. p. 8, 9, 10, & c.
[b]LL. Edw. Conf. § 8. apud Ingulf.
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[e]Spelm. Feus and Tenures, p. 40.
[g]Selden, Titles of honour, p. 515. Wilkins, p. 70.
[h]Winchester, being the capital of the West Saxon monarchy, was anciently a
considerable city. Gul. Pict. p. 210.
[i]Norwich contained 738 houses, Exeter, 315, Ipswich, 538, Northampton, 6o,
Hertford, 146, Canterbury, 262, Bath, 64, Southampton, 84, Warwick, 225. See Brady of Boroughs, p. 3, 4, 5, 6, & c. These are the most considerable he mentions. The account of them is extracted from Domesday-book.
[k]Brady’s treatise of boroughs, p. 10. There were six wards, besides the archbishop’s
palace; and five of these wards contained the number of families here mentioned, which at the rate of five persons to a family makes about 7000 souls. The sixth ward was laid waste.
[l]P. 102. See also de Gest. Angl. p. 333.
[m]LL. Inae, § 70. These laws fixed the rents for a hyde; but it is difficult to convert it
into modern measures.
[n]General preface to his hist. p. 7, 8, 9, & c.
[o]LL. Edg. § 14. apud Spellm. Conc. vol. i. p. 471.
[p]Spellm. Gloss. in verb.
Servus.
[t]LL. Inae, § 11. LL. Aelf. § 12.
[u]Higden, lib. i. cap. 50. LL. Edw. Conf. § 26. Spellm. Conc. vol. i. p. 415. Gloss. in
verb
. Haligemot et Infangenthef.
[w]LL. Edg. § 5. Wilkins, p. 78. LL. Canut. § 17. Wilkins, p. 136.
[x]Hickes Dissert. Epist. p. 2, 3, 4, 5, 6, 7, 8.
[y]LL. Edg. § 2. Wilkins, p. 77. LL. Canut. § 18. apud Wilkins, p. 136.
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[c]LL. Fris. tit. 2. apud Lindenbrog. p. 491.
[d]LL. Aethelb. § 23. LL. Aelf. § 27.
[e]Called by the Saxons
maegbota.
[f]Tacit de morib. Germ. The author says, that the price of the composition was fixed;
which must have been by the laws and the interposition of the magistrates.
[g]Besides paying money to the relations of the deceased and to the king, the
murderer was also obliged to pay the master of a slave or vassal a sum as a compensation for his loss. This was called the
Manbote.
See Spell. Gloss. in verb.
Fredum, Manbot.
[h]The addition of these last words in Italics appears necessary from what follows in
the same law.
[i]LL. Aelfr. § 28. Wilkins, p. 43.
[l]LL. Edm. § 1. Wilkins, p. 73.
[s]LL. Elthredi, apud Wilkins, p. 110.
[t]Tyrrel introduct. vol. i. p. 126. Carte, vol. i. p. 366.
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[x]LL. Aelf. § 12. Wilkins, p. 29. It is probable, that by wilful murder Alfred means a
treacherous murder, committed by one who has no declared feud with another.
[y]LL. Aelf. § 4. Wilkins, p. 35.
[z]LL. Aelf. § 40. See also LL. Ethelb. § 34, & c.
[d]LL. Aethelst. § 10, 12. LL. Edg. apud Wilkins, p. 80. LL. Ethelredi, § 4 apud
Wilkins, p. 103. Hloth. & Eadm. § 16. LL. Canut. § 22.
[g]LL. Aethelst. § 2. Wilkins, p. 63.
[h]LL. Ethelredi, apud Wilkins, p. 110. LL. Aelf. § 4. Wilkins, p. 35.
[i]LL. Hloth. & Eadm. § 12, 13. LL. Ethelr. apud Wilkins, p. 117.
[k]Sometimes the laws fixed easy general rules for weighing the credibility of
witnesses. A man whose life was estimated at 120 shillings counterbalanced six ceorles, each of whose lives was only valued at twenty shillings, and his oath was esteemed equivalent to that of all the six. See Wilkins, p. 72.
[l]Praef. Nicol. ad Wilkins, p. 11.
[m]LL. Burgund. cap. 45. LL. Lomb. lib. 2. tit. 55. cap. 34.
[n]LL. Longob. lib. 2. tit. 55. cap. 23. apud Lindenb. p. 661.
[o]See Desfontaines and Beaumanoir.
[p]LL. Frison. tit. 14. apud Lindenbrogium, p. 496.
[r]Spellm. in verb. Ordeal. Parker, p. 155. Lindenbrog, p. 1299.
[t]Sometimes the person accused walked barefoot over red hot iron.
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[u]Spellman in verb. Ordealium.
[w]Spellm. in verb. Corsned. Parker, p. 156. Text. Roffens. p. 33.
[x]On the death of an alderman, a greater or lesser thane, there was a payment made
to the king of his best arms; and this was called his heriot: But this was not of the nature of a relief. See Spellm. of tenures, p. 2. The value of this heriot was fixed by Canute’s laws, § 69.
[y]Bracton de Acqu. rer. domin. lib. 2. cap. 16. See more fully Spellman of feuds and
tenures, and Craigius dejure feud. lib. 1. dieg. 7.
[z]Spellm. Conc. vol. i. p. 256.
[b]Spellm. of feuds and tenures, p. 17.
[c]Spellm. Conc. vol. i. p. 195.
