View of the State of Europe during the Middle Ages, Vol. 3Hallam, Henry
History
View of the State of Europe during the Middle Ages, Vol. 3
Hallam, Henry
Europe -- History -- 476-1492; Middle Ages
Since the former part of this note was written, I have met with a
charter granted by Henry II. to Lincoln, which seems to refer, more
explicitly than any similar instrument, to municipal privileges of
jurisdiction enjoyed by the citizens under Edward the Confessor. These
charters, it is well known, do not always recite what is true; yet it is
possible that the citizens of Lincoln, which had been one of the five
Danish towns, sometimes mentioned with a sort of distinction by writers
before the Conquest, might be in a more advantageous situation than the
generality of burgesses. Sciatis me concessisse civibus meis Lincoln,
omnes libertates et consuetudines et leges suas, quas habuerunt tempore
Edwardi et Will. et Henr. regum Angliæ, et gildam suam mercatoriam de
hominibus civitatis et de aliis mercatoribus comitatus, sicut illam
habuerunt tempore predictorum, antecessorum nostrorum, regum Angliæ,
melius et liberius. Et omnes homines qui infra quatuor divisas civitates
manent et mercatum deducunt, sint ad gildas, et consuetudines et assisas
civitatis, sicut melius fuerunt temp. Edw. et Will. et Hen. regum
Angliæ. Rymer, t. i. p. 40 (edit. 1816).
I am indebted to the friendly remarks of the periodical critic whom I
have before mentioned for reminding me of other charters of the same
age, expressed in a similar manner, which in my haste I had overlooked,
though printed in common books. But whether these general words ought to
outweigh the silence of Domesday Book I am not prepared to decide. I
have admitted below that the possession of corporate property implies an
elective government for its administration, and I think it perfectly
clear that the guilds made by-laws for the regulation of their members.
Yet this is something different from municipal jurisdiction over all the
inhabitants of a town. [Note IV.]
[39] Madox, Hist. of Exchequer, c. 17.
[40] Madox, Firma Burgi, p. 1. There is one instance, I know not if any
more could be found, of a firma burgi before the Conquest. It was at
Huntingdon. Domesday, p. 203.
[41] Madox, p. 12, 13.
[42] Id. p. 21.
[43] I have read somewhere that this charter was granted in 1101. But
the instrument itself, which is only preserved by an Inspeximus of
Edward IV., does not contain any date. Rymer, t. i. p. 11 (edit. 1816).
Could it be traced so high, the circumstance would be remarkable, as the
earliest charters granted by Louis VI., supposed to be the father of
these institutions, are several years later.
It is said by Mr. Thorpe (Ancient Laws of England, p. 267), that, though
there are ten witnesses, he only finds one who throws any light on the
date: namely, Hugh Bigod, who succeeded his brother William in 1120. But
Mr. Thorpe does not mention in what respect he succeeded. It was as
_dapifer regis_; but he is not so named in the charter. Dugdale's
Baronage, p. 132. The date, therefore, still seems problematical.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account