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THE ENGLISH HISTORICAL REVIEW Downloaded from NO. CV.—JANUARY 1912 Yorkshire Surveys and other Eleventh- http://ehr.oxfordjournals.org/ Century Documents i?i the York Gospels. N 1859 the late Canon Raine, of York—a meritorious and learned antiquary—first drew from its obscurity a valuable Imanuscript belonging to the dean and chapter of York. In language that cannot be accused of erring on the Bide of enthusiasm ho described it as at Stockholms Universitet on July 15, 2015 a manuscript of the Gospels in the custody of the Chapter clerk. The book itself is written in a fine bold hand, circa 900, and is of the quarto size. Prefixed is the canon, on eight leaves, arranged in compartments in which a good deal of architectural skill is manifested. At the end of the volume are several charters and Saxon documents, which have been hitherto unnoticed, including a list of the relics belonging to the Minster, and some very early deeds connected with land and its measures. At the beginning, on the fly-leaves, are several forms of oaths to be administered to the canons and other officers of the church. In fact, I should say that this is the very copy of the Evangelists upon which every new officer of the church took his oath from the year 900 downwards.1 The reference to the ' very early deeds connected with land and its measures ' attracted my attention many years ago, but as it is not stated that these deeds were older than the Norman Conquest, I did not follow up the trail. Recently a young German scholar, Otto Homburger, of Karlsruhe, was good enough to send me photographs of part of the manuscript, which he examined 1 The Fabric Rolls of York Minster, p. 142, Surtees Society, voL ixxv, 1869. It is to all appearances tho volume described in a fifteenth-century inventory as ' anus teztus ornatas cam argento, non bene deaurato, super quem iuramenta decani et aliarum dignitatum ac canunicorum in principio insemntur' (Raine, Memorial) of York, Rolls Series, iii. 387). In the passage quoted in the text Raine has ascribed too early a date to the manuscript. VOL. XXVTI.—NO. CV. B * All rights reserved. 2 YORKSHIRE SURVEYS AND OTHER January in connexion with his studies of Old English palaeography and illuminations of the tenth and eleventh centuries, a Bubject upon which he is working with an energy and enthusiasm worthy of his master, the great Traube. From these photographs I wan pleased to find that the deeds referred to by Raine are in early eleventh-century hands, and that they are of very great interest for the history of land-owning in the Danish districts of England, a subject that lies shrouded in almost complete darkness outside the range of the glimmering and uncertain light reflected upon it by the Domesday Survey. Upon my recognizing the impor- Downloaded from tance of these documents, Mr. Homburger consented in the most generous way to my publishing what is really his discovery.8 I have since had an opportunity, thanks to the kindness of the chapter clerk (Dr. J. Ramsay), of inspecting this manuscript at York. It is a parchment volume bound in smooth calf some http://ehr.oxfordjournals.org/ two centuries or so ago, when the leaves appear to have been cut down in the execrable manner of the old binders, but the binder's knife has not impinged upon the text. The leaves at present measure about 10J by 8 inches. The Latin gospels, which form the greater part of the volume, are written in Caroline minuscules of an English character in a very early eleventh-century hand. The preface of St. Jerome is written in a different but con- temporary hand of the same description, in which the Hiberno- at Stockholms Universitet on July 15, 2015 Saxon form of r occurs. At the beginning are bound up several pages of parchment, upon which are written copies of deeds, charters, forms of oaths, and the like in hands of the thirteenth to the fifteenth century. In the same way there are bound up at the end of the volume several pages of parchment containing the eleventh-century entries, followed on a fresh page by a con- temporary copy of the proceedings in Quo Warranto concerning the archbishop's privileges in the great eyre of William Herle in 1330.3 This is followed by a list of the relics in St. Peter's Minster, York, written about the middle of the thirteenth century.* The publication of the Old English documents in this volume has proceeded slowly. Raine commenced it in 1859 by printing the Sherburn inventory (No. IV, below). Bishop Stubbs gave a translation of the charter of Cnut (No. Ill) in his Select Charters, 1870, and in 1873 s printed the text and translation under the titlo ' A Charter of Canute from the York Gospels. In usum amicorum. W. S.,' without date, comment, or preface. In 1875 1 Since writing this I find that Professor Napier copied the whole of the documents in question some thirty years ago. • Placita de Quo Warranto, Record Commission, 1818, ii. 197, 221. • Printed by Raine, Fabric Roll*, p. 150 stqq. ' According to W. A. Shaw, Bibliography of ihe Historical Work* of Dr. CrtigUon, Dr. Stubbs, Dr. S. B. Gardiner, and Ike laic Lord Acton, p. 19 (1903). 1912 DOCUMENTS OF THE ELEVENTH CENTURY 3 Dean Henderson published the Bidding Prayer (No. V). The list of ^Elfric's ' festennen' (No. VI) was published by the eccentric George Stephens in 1881, from a photograph sent to him by Canon Simmons. The three homilies (No. II) were edited by Professor Napier in 1883. With the exception of Cnut's charter and the homilies the printed texts of these documents are either inaccurate or in- accessible, and I therefore give a new text based directly upon the manuscript, as these texts have an important bearing upon the question of date of the whole of the entries in Old English hands. The contents occur in the following order : Downloaded from I (fo. 149 verso, 150.) Three documents, to which I have given the name of surveys, of the archbishop's estates at Sherburn- http://ehr.oxfordjournals.org/ in-Elmet, Otley, and Ripon, all in Yorkshire. The texts of these surveys form the staple of this article, and will be given below. It is important to notice that they commence upon the verso of the last leaf of the gospel of St. John, a position that precludes any suggestion that these documents have been brought into connexion with the gospel by later binding or by any other accident. at Stockholms Universitet on July 15, 2015 (fo. 150 recto and verso.) Three homilies of Lupus, that is Wulfstan, archbishop of York, 1003-23. These so-called homilies, which have been edited by Professor Napier,9 are mainly con- cerned with the exposition of ecclesiastical and civil laws, and it is doubtful whether they are the works of Wulfstan, although these copies are almost contemporary with him. Ill (fo. 152 recto and verso.) Cnut's charter of liberties, addressed to his archbishops, bishops, Earl Thorcyl, and all his people, clerical and lay, in England. This mention of Thorkel, the gigantic Norwegian, ' the tallest of all men,'7 and a famous figure in history and saga, fixes the date as earlier than 1021, when he was exiled from England, and as later than Cnut's return from Denmark in 1020.8 It has been published from Stubbs's privately printed text by Pauli in 1874,9 and is now accessible in Lieber- mann's text, by whom also it is assigned to 1020.10 No other * Wulfrtan, Sammluug dcr ihm zugachriAenen Homilien, nos. 50, 60, 61 (pp. 307- 11), Berlin, 1883. 1 Ol»f» Saga Trygjjvaronar, a. 133 (Flaleyjarbot, i. 168). " Stubtw, Select Charters. 8th edition, p. 75. * FoTtthungtn zur deuUcJien QeaehichU, xiv. 390. '* Die Quttze der Angdsochten, i. 273, Berlin, 1898-1903. B2 4 YORKSHIRE SURVEYS AND OTHER January text of this charter is known, and its preservation in the York Gospels would be alone sufficient to confer upon that manuscript a very high rank in English historical sources. Historically and diplomatically it is the most important document contained in the manuscript. It is, in substance and in form, the direct lineal ancestor of the Anglo-Norman charters of liberties and, in consequence, of Magna Charta. For in form these documents are developments of the Anglo-Norman writ-charter, and that in its turn is, as I maintained fifteen years ago,u merely the Anglo- Saxon writ translated into Latin. At that time I was able onty Downloaded from 11 Ante, xi. 735. The opinion of Giry, Manuel it Diplomatique, p. 796, there cited, that tho charters of William the Conqueror do not differ from those of the dukes of Normandy except by the addition of the title Sex Anglorum, is an illustra- tion of the pitfalls that beset tho path of the compiler of manuals, however learned he may be. This statement, wh ich in probably an extension of that of the author* http://ehr.oxfordjournals.org/ of the Nouveau. Traite. it Diplomatique, v. 760, Paris, 17fi2, overlooks the most important difference between the two. the use in the Anglo-Norman charters of the pendent double-faced great seal instead of the seal plaque, a single-faced seal affixed to the surfacu of the document, that was characteristic of French royal charters until the time of Louis VI (1008-1137), when the pendent great seal was, according to Giry himself (p.