AN ENGLISH DOCUMENT OF ABOUT 1080.

[The document here printed has appeared in the Archiv für das Studium der neueren Sprachen und Literaturen, cxi. 278, with comments and translation by Herr F. LIEBERMANN. These have been rendered into English by Mr. M. H. PEACOCK, M.A., Mus. Bac., Treasurer of this Society; and a fresh collation of the MS. made by the Honorary Secretary.]

PRIVILEGES OF ARCHBISHOP THOMAS I. OF YORK

(1070-1100), IN THE CITY OF YORK.

THIS document is probably the reply which the city of York, the household of the archbishop, the civil authority of that place, and the body of the King's vassals, questioned and sworn, presumably by way of inquest, made to the question of the first Norman archbishop as to the estates, legal titles, tolls, and other sources of income belonging to the bishop in the city of York. The archbishop is called T. in one of the texts only; but that Archbishop Thomas I. is intended, is proved by the series of witnesses. The word bishop is often used where in later times the term archbishop is always employed; presumably a relic of the centuries in which no pallium came to York from Rome, and to which in part these local privileges reach back. This document illustrates the history, not only of the language and of the people and estates at York, but also of the government and commercial relations existing about 1080. Both texts occur in the famous Great White Register of St. Peter's, York, at fo. 61, now preserved in the Minster, directly after a document dated 1065. In respect of some of the linguistic forms, they belong to the fifteenth century, in which they were entered in that book. Other word-forms of the English text are older, and must be regarded as traces of a lost original, the character of the language of which causes us to ascribe it to about 1080.

The French text contains many positive errors. It has " a cheval ou a pee," where "with horses and carts" is meant, clearly misled by the pe' bearing some resemblance to the beginning of "wegnum," or, as it is written in the original, "pegnum" [4]. It omits "to the king" [4]. It makes "misbeode (instead of "wrongly announces") bear the more usual meaning of "commits a crime" [9]. It leaves out "unrihthemincg," apparently because the scribe no longer understood the obsolete word "hæm." (Ibid.) It interprets "be" (on pain

of the forfeiture of as "en." (Ibid.) Further, it conceals. English words, as "sacu," "socn," "toll," "team," which were not untranslatable terms; "burh" [9], "scire," which does not here stand for the technical term, "shire." No Frenchman could have called a crime "noun dreit ovraine," if he did not want to translate "unrihtweorc" [9]. However, the transition to Latin [11] at the end tends to show that the French text is only a translation; yet it is in a number of places really better and more perfect than the English. Consequently, both were derived from one original 'e f.' This dated from a period later than 1080, as is shown by the fact that 'E' and 'F' have in common 'Oud' for 'Ald'-in personal names, and also from the corrupt passage in Section 3. Thus from the original 'A' of about 1080 arose, not earlier than the end of the twelfth century, 'e f,' and from 'e f' both 'E' and 'F' in the fifteenth century.

3

[1] This' syn tha gerihto and tha laga, thet archebiscop [T.]2 ah ofer eal Euerwic bynan burh and butan. [2] That is, aerest Legerathorp and on nordhealf Munecagate and fra Thurbrandes hus. eal up on Walbegate an[d] eal Clementesthorpe an[d] Sancte Marie circa, [3] mid sace and mid socne, mid tolle and mid teme, and alcne thridde penig, the cumde up on Walbegate and on Fiscergate, and thon' thridde penig of thonne fiscoup scrasudwrasas forth y' b. dic and thonne thridde, the up cumd of les Gildegarde"; [4] and alc man, the mid coupfare cume to Euerwyc, eastan odde northan, sudan odde westan, mid horsum odde wegnon, gifen heora toll than, the his mid rihte scylon: kynge, the ah mid rihte, and biscope the ah; [5] and fare alcR man [the] come wille he to kynges scire, will he to biscopes, be Godes leoue and thes' kynges. [6] And swa hwile coupman so cumth into biscopes scire, and coupad in kinges scire, gyfe than kynge that tolle, gif hit sy tolles wurde.8

[8] And gif ani man formaele hine sylfne of biscopes scire innan kynges scire, habbe se king.....

[9] And ealle tha unriht the man wirced, gehaded man odde lawede, hoc est, [gif]" se læreda misbeode freol[s]es daes odde fasten

1

I distinguish between v and u, j and i, and punctuate. [Th is substituted for yg for s, as in laga for lasa, Legerathorp for Leserathorp, penig for penis, etc.; w for y, as wegnon for yesnon', and sya for swa, and Harwolf for Haryolf; f for y, as in freolses for yreolses, and fastendas for yastendas.]

2 Supplied from the French text.
3 This.
Emended from the French.

4 The letters before dic were not under

stood by the scribe. The first s is perhaps f [or g].

das, and se lawed. ...

on manađe and on unrihtemincge and on unrihtweorcum, the man wirces binnan burh and butan, ne theo kinges greua ne eorles to thissum giltum, buton biscop and ercediacon, be Godes blezsunge and tha erbiscopes.

[10] And twa minetras hafy se biscop in Euerwic.

[11] This is to geuitnesse2 Arngrim Monachus, and Oudergrim,3 and Clibern, and Wlfstan, and Oudolf, and Ulfkil, and Ouderbern, and Harwolf, and Lisolf, an[d] Gluneorn, and Beornolf, and Ulf, and eal seo burhware on Euerwic, and se ercebiscopes hirde, and Huga sciregreuan, and Wille[1]m of Snotingham, and Beringar, thaes kynges arendracan, and Ilbeard of Hittawuda, and Wil[1]elm de Percia, and Wil[1]elm Tysun, and ealle thes kincges men.

[12] And habbe he Godes grame the this undo. Amen.

Avant fai de ceost Francois, come ceo soit de cel Anglois.

5

[C]es sount le[s] deitures e les leis, qe l'arcevesqe T. ad par trestut Euerwic, dedens burc et dehors. [2] Ceo est primes Leyerathorp e de nord part Muncagate e de la maison Turbrand tut sus en Walbegate e tretut Clementesthorp e l'eglise Seinte Marie, [3] od sace e od socne, od toll e od teme; e chescun tierz dener qe vint sur Walmegate e sur Fiscergate, e le tierz dener d'achat de pessun de Sudwraies avant de ilde par le Fosset e le tierz dener qe vient de lei Gildegard. [4] E chescun qi od marchandise vient a Euerwic, ou de est, ou de north, ou de sud, ou de west, ou a cheval, ou a pee, dunist son tolle, qi lui deit par dreit aver'. . . . et a l'evesqe ceo qe. il aver deit. [5] Et chescun alt cenz voile il en la scire le rei, voile il en la scire l'arcevesqe, par le cungied Deu e le cungied le roi. [6] Et quel marchaund, ki vient en la scire l'evesqe e achatred en la scire le roi, donist al roi le tolle; [7] e le home, qi vient en la scire le roi et achated en la schire l'evesqe, dunist a l'evesqe le tolle.

6

[8] Et si cescun homme purparloit a sei mesmes e entre de la scire l'evesqe en la scire le roi, les rois ait le soen, et lui esvesqe le soen; e autresei de la scire le roi en la scire l'evesqe, 8 le soen e li reis le soen.

[9] Et touz le forfait qe lum fait, ou si li clers mesfait a franc jur ou a jur

clerk ou lai, ceo est assaver, de june, e si li lais mesfait

en parjurie e noun dreit ovraine qe lum fait dedens burc e dehors,

1 Supply misdo from the French.

2 Se wi.

3 Names modernised and corrupted.

4 Burbyare.

5 Percid.

6 Quite misunderstood.

7 Supply from the English.

8 Supply l'evesqe.

9 Francur,

ne a provost, ne [al] rei, ne a cunte, a ceste forfait, fors a l'evesqe e a l'ercediacne, en la beneison Deu e l'evesqe.

[10] Et dous muners ad l'evesqe en Euerwyk.

[11] Ces sount tesmoignes: Arngrim, e Oudgrim, Clibernus, Wlstanus, Oudolf, Ulfkil, Oudbern, Hardolf, Hulfus, Gluneorn, Beornulfus, Ulf, et tota civilis communio Eboraci; et ipse' archiepiscopus, et ejus familia; et Hugo, scire prepositus, et Wil[1]elmus de Notingham, et Berengar, regis nuncius, Ilbertus de Hiwitawda, Willelmus de Percy, Willelmus Tisun, et ceteri homines regis.

[12] Qui autem infregerit, anathema sit!

2

[1] These are the privileges and legal titles which Archbishop T. possesses through all York, within and without the city; [2] that is to say, first Layerthorpe, and on the north Monkgate, and from Thurbrand's house all as far as Walmgate, and all Clementhorpe, and St. Mary's Church, (3) with sac and soc, with toll and team, and every third penny which comes in Walmgate, and Fishergate from the Fish Market..... on the Foss" . . . . . and the third penny which comes from the guild-house. [4] Everyone coming to York with merchandize from east or north, south or west, with horses or carts, must pay their toll to those who shall have this right, to the king what he ought to have, and to the bishop what he ought to have. [5] And let every man who comes travel whither he will, either to the king's shire, or to the bishop's," with the permission of God and the king. [6] And every merchant, who comes into the bishop's shire, and, nevertheless, carries on business in the king's shire, shall give the king toll, if there be anything liable to toll. [7] And the merchant, who comes into the king's shire and purchases in the bishop's shire, shall give the bishop his toll.

[8] And if any man from the bishop's shire make a contract in the king's shire, let the king have his own, and the bishop his own; and so from the king's shire in the bishop's shire, let the bishop have his own, and the king his own.

1 Ipsa archiepiscopi familia. without ejus.

Read

2 These names can still all be identified, only the gates are called bars. [St. Mary's Church is perhaps St. Mary Bishophill Junior. (Skaife.)]

It was probably a fishery in the Foss belonging to the archbishop. The king's fishpond was formed by the same river near its junction with the Ouse.

4 In 1426 William Brygg, of York, owned 66 unum gardinum in les gyldgarthes, de antiquo nuncupat' Besyngate, in Eboraco." (Reg. Test. ii. 503.) There is evidence of the Merchants' Guild at York from 1130. (Gross's Guild Merchant, i. 16.).

5In Eboraco civitate tempore regis Edwardi, preter scyram archiepiscopi, fuerunt vi scyre." (Yorkshire Domesday (facsimile edition), fo. I.)

[9] All the offences committed, whether by a clerk or a layman, that is, if the clerk wrongly announce a feast day or a fast day,' or the layman commit a sin by perjury or carnal lewdness, or iniquities, which he commits within or without the borough, no reeve whatsoever of the king or the earl shall have any profit whatsoever by the receipt of the fines for these offences, but only the bishop and the archdeacon, under the penalty of the loss of the blessing of God and the archbishop.

[10] Let the bishop have two mints in York."

3

5

4

[11] To this are witnesses, Arngrim, the monk, and Aldgrim, and Osbern, and Wulfstan, and Aldwulf, and Ulfkytel, and Aldbern, and Hardwulf, and Lisulf, and Gluneorn, and Beornwulf, and Ulf," and the whole burgership of York, and the archbishop's household, and Hugh, the sheriff, and William of Nottingham, and Berengar,9 the king's messenger, and Ilbert of Hittawood, and William de Percy, and William Tison," and all the king's vassals.

10

[12] And whosoever may infringe this, may he suffer God's anger.

1 This meaning, not found in the dictionaries, is derived from the Laws of Edward and Guthrum, 3, 1, "Gif massepreost folc miswissige æt freolse ođđe æt fæstene,' ," "If the mass-priest mislead the people about celebrating or fasting" (which as regards York is repeated in the Law of the Northumbrian Priests, 11); compared with Canon Eadgari, 48, "Preostas æt freolsan and æt fæstenan. ..... on ane wisan beodan, that hi folc ne dwelian,' "Command the priests to celebrate and fast after one manner, so that they mislead not the people.'

2 On the Anglo-Saxon Mints at York, see Keary's Catalogue of English Coins, i. pp. iii. 189.

3 Since twelve names of the witnesses from the commonalty come first, these are probably the twelve judices, laga. men, legislatores, on which compare my Ueber Edward Confessor and Maitland's Domesday, 211.

4 Arngrim the monk, a king's thane, held the manors of Painsthorpe and Kirkby Underdale in the East Riding. He also owned two dwellings and the church of St. Saviour in the city of York. All these were given by the Conqueror to St. Mary's Abbey. (R.H.S.)

5 In Domesday, Glunier. Perhaps Gluneorn, son of Heardulf, who took part in the rebel Gemot at York in 1065. (R.H.S.) Cf. Onomasticon Anglo-Saxonicum, 260.

6 William de Percy, who came into England with the Conqueror and founded

Whitby Abbey, owned mansions in York which had belonged to Odulf and Bernulf. The latter may have been the same person as Bernulf, the husband of Asa, (from whom he had separated previously to 1069), who possessed, in her own right, considerable property in the East Riding. (R.H.S.)

7 Possibly Ulf, the son of Thorald, who gave large estates in the North and East Ridings, and land near York, to York Minster, in which his grand charter-horn is still preserved. (R. H.S.)

8 Hugh, son of Baldric, appears to have been made sheriff of Yorkshire immediately after York was taken, in Sept., 1069. He is called in Domesday “Hugo vicecomes." He was rewarded by the Conqueror with extensive estates in each Riding. In 1086 he possessed four mansions and twenty-nine hospices in York, and the church of St. Andrew. He was a considerable benefactor to St. Mary's Abbey. (R.H.S.)

9 Probably Berengar, (son of Robert) de Todeni, the Domesday tenant in chief, who also held under his father four carucates in Naburn. (R. H.S.)

10 William de Percy also possessed land in this county.

11 A younger son, it is probable, of Gilbert Tison, the tenant in chief, who by an undated charter, witnessed by Archbishop Thomas and others, gave land in the East Riding to Selby Abbey. (R.H.S.)