Geoffrey de Mandeville: A study of the AnarchyRound, John Horace
History
Geoffrey de Mandeville: A study of the Anarchy
Round, John Horace
Great Britain -- History -- Stephen, 1135-1154; Mandeville, Geoffrey de, earl of Essex, -1144
But, in the first place, he
has wrongly assigned to the record too early a date, and, in the second,
it represents Gilbert Prutfot, not as a judge, but as a culprit. The
expression used is, "Terra quam Gillebertus Prutfot nobis
disfortiat."[1018] Now "defortiare" (or "disfortiare") is rendered by
Dr. Stubbs, in his _Select Charters_ (p. 518), "to deforce, to
dispossess by violence." We have here, therefore, an interesting,
because early, example of the legal offence of "deforcement," defined by
Johnson as "a withholding of lands and tenements by force from the right
owner." But the point to which I would call attention is that, even if
this writer were correct in his facts (which he is not), his "proof"
that (a _vicecomes_ and a _justitiarius_ being mentioned in the charter)
the justitiarius was "evidently" the portreeve consists in the fact that
a _vicecomes_ had "given judgment" in a trial, and being styled
_vicecomes_, was the portreeve! That is to say, the _justitiarius_ must
have been the portreeve _because_ the portreeve was styled (_not_
"justitiarius," but, on the contrary,) _vicecomes_. Such is actually his
argument.[1019]
I have dwelt thus fully on these observations, because they illustrate
the hopeless wandering which is the inevitable result of the adoption of
the above fundamental error.
We have a curiously close parallel to this use of "London and Middlesex"
in the expression "turris et castellum," on which I have elsewhere
dwelt.[1020] Just as the relative importance of the "Tower" of London to
the encircling "castle" at its feet led to the term "turris" alone being
used to describe the two,—while, conversely, in the provinces,
"castellum" was the term adopted,—so did the relative greatness of
London to the county that lay around its walls lead to the occasional
use of "London" as a term descriptive of both together, a usage
impossible in the provinces. Whether a "turris et castellum" were
destined to become known as a "turris" or a "castellum," whether
"Londonia et Middelsex" were described as "Londonia" merely, or as
"Middlesex," in each case the entity is the same. For fiscal, and
therefore for our purposes, "London and Middlesex," under whatever name,
remain one and indivisible.
The special value of the charters granted to Geoffrey de Mandeville lies
not so much in their complete confirmation of the view that the _firma_
of "Middlesex" was that of "London _and_ Middlesex" (for that would be
evident without them), as in their proof of the fact, so strangely
overlooked, that this connection was at least as old as the days of
William the Conqueror, and in their treatment of Middlesex (including
London) as an ordinary county like Essex or Herts, "farmed" in precisely
the same way. The _firma_ of Herts was £60, of Essex £300, and of
Middlesex (because containing London) £300 also.
Public-domain text, read in full here on John Shaqi.
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