← The history of the Norman conquest of England, its causes and its results, Volume 1 (of 6)
Chapter 48
Note P. p. . Grants of Folkland
I hope to say something more in my fifth volume about the tenure of land in England. I will here only give one or two specimens of the form of these grants.
In 977 (Cod. Dipl. iii. 157) King Eadward makes a grant to Ælfric (which Ælfric?) in these terms; “Aliquam partem terræ juris mei perpetuali donatione libenter concedo cuidam fideli meo ministro [þegn] vocitato nomine Ælfric, ob illius amabile obsequium dignatus sum largiri.” He is to have it in full property, with the right of bequest, and to hold it free of all services “exceptis istis tribus, expeditione, pontis arcisve munitione.” So Æthelred in 982 (Cod. Dipl. iii. 188) grants “ruris quamdam sed communem portionem, quam hujus nationis indigenæ usitato æt Stoce nuncupant onomate, cuipiam mihi pisticâ [one thinks of the πιστοί in the Persians of Æschylus] devotione subnixo vocitamine Leofrico.” The grantee is to have full power of bequest, and to hold the land “ab omni terrenæ servitutis jugo liberum, excepta expeditione, pontis arcisve restauratione.” Fearful curses are imprecated on any one who shall disturb the grantees in their possessions.
Bishops make grants to their own thegns of Church lands to be held for one, two, or three lives, and then to revert to the Church. The Codex contains a great many grants of this kind made by Bishop Oswald, the grant being made by leave of the King and of the reigning Ealdorman of the Mercians. In one, in English, which immediately follows the grant to Ælfric (iii. 159), we find the trinoda necessitas duly excepted. “Sie hit ǽlces þinges freoh búton ferdfare and walgeworc and brygcgeworc and cyrcanláde.”
The consent of the Witan is marked in the grant to Leofric by the words “his testibus consentientibus quorum inferius nomina caraxantur.” So Eadgar (iii. 153) makes a grant “optimatum meorum utens consilio,” &c., &c.
The Codex Diplomaticus is of course the great storehouse of knowledge on this subject.