The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquestKemble, John Mitchell
History
The Saxons in England, Volume 1 (of 2): A history of the English commonwealth till the period of the Norman conquest
Kemble, John Mitchell
Great Britain -- History -- Anglo-Saxon period, 449-1066
And instances occur in more formal documents. In 977, Oswald, Archbishop
of York and Bishop of Worcester, made a grant of three hides at
Teddington, for three lives, to Eádríc his thane, with reversion to
Worcester: “Now there are three hides of this land which Archbishop
Oswald booketh to Eádríc his thane, both near town and from town, even
as he before held them as lǽnland[568].”
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Footnote 568:
Cod. Dipl. Nos. 617, 651.
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In another grant of the same prelate, between 972-992, made to his
_client_ Ælfsige, of a dwelling in Worcester city, for three lives, he
adds, “Also we write [or book] to him the croft appurtenant to that
tenement, which lies to the east of Wulfsige’s croft; that he may hold
it in as large measure, for bócland, as he before held it for
lǽnland[569].”
-----
Footnote 569:
Ibid. No. 679.
-----
In 977, the same convent at Worcester booked three hides for three lives
to the monk Wynsige, even as his father had held them[570]; and in
978-992, they gave to Goding the priest, also for three lives, the
tenement which he himself had without the city gate[571]. In both these
cases lǽn appears to have been converted into estate for successive
lives.
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Footnote 570:
Ibid. No. 616.
Footnote 571:
Ibid. No. 683.
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Where there was lǽn, there could properly be no book, because the
possession of the charter itself was _prima facie_ evidence (indeed
nearly conclusive evidence) in favour of the holder. Hence, where from
any circumstance the books were withheld, the tenant had only a lǽn:
this was the case with Helmstán’s estates mentioned above: he had
deposited his charters with Ordláf as a security on an occasion when
this duke helped him to make oath to some property. On Helmstán’s
felony, Ordláf seized the land to himself, and the document from which
we learn this is obviously his appeal to Ælfred’s son and successor,
against an attempt to disturb Helmstán’s original title, under a
judgment given by Ælfred. Nor was it unusual for books to be thus
retained as securities, by which the tenant having only a lǽn could be
evicted, if not at pleasure, at least by legal process[572]. And the
same remarks apply to a very common mode of disposing of estates, where
the clergy were grantees. Either to avoid litigation with justly
exasperated heirs, or to escape from the commands of various synods, the
clergy used to take deeds of gift from living tenants, impounding the
books of course, and leaving the life-interest only to the owner. Such
an estate in technical Latin was named _praestaria_; but it was
obviously a lǽn, and was generally charged with recognitory
payments[573].
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Footnote 572:
See the case of the estate at Cowling, in the trial between Queen
Eádgyfu and Goda. Cod. Dipl. No. 499.
Footnote 573:
Examples of this are found in Cod. Dipl. Nos. 429, 754, 1351, 1354, §
6.
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