A.D. 899 x 924. Letter to King Edward explaining the history of land at Fonthill. English

Archive:

Canterbury, Christ Church

MSS:

1. Canterbury, D.C., C 1282 (s. x in.; OS Facs., i. 13; Canterbury 1936, pl. between pp. 8-9; Keynes 1992, pp. 59-60)

Printed:

K, 328; B, 591; Earle, pp. 162-5; Wyatt 1919, pp. 112-15

Translated:

Goodchild 1929, pp. 325-8; Canterbury 1936, pp. 11-15; Whitelock, EHD, no. 102 (pp. 544-6)

Printed and Translated:

Thorpe, pp. 169-74; Essays, pp. 338-42; Harmer, SEHD, no. 18 (pp. 30-2, 60-3); Keynes 1992, in sections; Gretsch 1994, pp. 98-102

Comments:

Stevenson 1912, p. 5 n. 12; Harmer, SEHD, pp. 114-16; Mawer 1941-2, pp. 91-2; John 1960, pp. 87, 172; Finberg, ECW, no. 227, authentic; John 1966, p. 148-50, on lawsuit; Whitelock, EHD, p. 544; Keynes 1980, p. 33 n. 57, cited; Dumville 1987, p. 171, probably written in 910s or 920s; Wormald 1988, nos 23-6; Keynes 1990, pp. 248-9, 250 n. 97; Dumville 1992, pp. 44-5, on estate history; Keynes 1992, probably written nearer to c. 920 than 900; Reynolds 1992, pp. 218 n. 33, 219 n. 36, (= 1994, p. 330 nn. 30 & 35); Kitson 1993, p. 644; Gretsch 1994, on language; Kennedy 1995, pp. 153 n., 162 n., 163 n., 167 n., 171, 180 n., 183; Smyth 1995, pp. 393-400; Boynton and Reynolds 1996, on authorship; Wormald, English Law, pp. 120, 144-8; Pratt, Alfred, pp. 37-8, 101-2, 237

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    • (a) + Leof ic ðe cyðe hu hit wæs ymb ðæt lond æt Funtial ða fif hida ðe Æðelm Higa ymb spycð. Ða Helmstan ða undæde gedyde ðæt he Æðeredes belt for\stæl/ ða ongon Higa him specan sona on mid oðran onspecendan 7 wolde him oðflitan ðæt lond. Ða sohte he me 7 bæd me ðæt ic him wære forespeca forðon ic his hæfde ær onfongen æt biscopes honda ær he ða undæde \gedyde/. Ða spæc ic him fore 7 ðingade him to Ælfrede cinge. Ða God forgelde his saule ða lyfde he ðæt he moste beon ryhtes wyrðe for mire forspæce 7 ryhtrace wið Æðelm ymb ðæt lond. Ða het he hie seman ða wæs ic ðara monna sum ðe ðærto genemned wæran 7 Wihtbord 7 <Ælfric> wæs ða hrælðen 7 Byrhthelm 7 Wulfhun ðes blaca æt Sumortune 7 Strica 7 Ubba 7 ma monna ðonne ic nu genemnan mæge. Ða reahte heora aegðer his spell ða ðuhte us eallan ðæt Helmstan moste gan forð mid ðon bocon 7 geagnigean him ðæt lond ðæt he hit hæfde swa Æðeldryð hit Osulfe on æht gesealde wið gemedan feo 7 heo cwæð to Osulfe ðæt heo hit ahte him wel to syllanne forðon hit wæs hire morgengifu ða heo æ[re]st to Aðulfe com. 7 Helmstan ðis eal on ðon aðe befeng. 7 Ælfred cing ða Osulfe his hondsetene sealde ða he ðæt lond æt Æðeldryðe bohte ðæt hit swa stondan moste 7 Eadweard his 7 Æðelnað his 7 Deormod his 7 ælces ðara monna ðe mon ða habban wolde. Ða we hie æt Weardoran nu semdan ða bær mon ða boc forð 7 rædde hie. Ða stod seo hondseten eal ðæron. Ða ðuhte us eallan ðe æt ðære some wæran ðæt Helmstan wære aðe ðæs ðe near. Ða næs Æðelm na fullice geðafa ær we eodan in to cinge 7 sædan eall hu we hit reahtan 7 be hwy we hit reahtan. 7 Æðelm stod self ðærinne mid. 7 cing stod ðwoh \his/ honda æt Weardoran innan ðon bure. Ða he ðæt gedon hæfde ða ascade he Æðelm hwy hit him ryht ne ðuhte ðæt we him gereaht hæfdan cwæð ðæt he nan ryhtre geðencan ne meahte ðonne he ðone að agifan moste gif he meahte. Ða cwæð ic ðæt he wolde cunnigan 7 bæd ðone cing ðæt he hit andagade. 7 he ða swa dyde. 7 he gelædde ða to ðon andagan ðone að be fulla[n .7] bæd me ðæt ic him fultemade 7 cwæð ðæt him wære leofre ðæt he [ðæt land me se]alde ðonne se að forburste oððe hit æfr[.....e ge.b..]æde. Ða cwæð ic ðæt ic him wolde fylstan to ryhte 7 næfre to nanan wo on ða gerada ðe he his me uðe. 7 he me ðæt on wedde gesealde. 7 we ridan ða to ðon andagan. ic 7 Wihtbord rad mid me 7 Byrhthelm rad ðider mid Æðelme. 7 we gehyrdan ealle ðæt he ðone að be fulan ageaf. Ða we cwædan ealle ðæt hit wære geendodu spæc ða se dom wæs gefylled. 7 leof hwonne bið engu spæc geendedu gif mon ne mæg nowðer ne mid feo ne mid aða geendigan? Oððe gif mon ælcne dom wile onwendan ðe Ælfred cing gesette hwonne habbe we ðonne gemotad? 7 he me ða boc ða ageaf swa he me on ðon wedde ær geseald hæfde sona swa se að agifen was. 7 ic him gehet ðæt he moste ðes londes brucan ða hwile ðe he lifde gif he hine wolde butan bysmore gehealdan. Ða onufan ðæt ymban oðer healf gear nat ic hweðer ðe ymb tua ða forstæl he ða unlædan oxan æt Funtial ðe he mid ealle fore forwearð 7 draf to Cytlid. 7 hine mon ðæræt aparade. 7 his speremon ahredde ða sporwreclas. Ða he fleah ða torypte hine an breber ofer ðæt nebb. Ða he ætsacan wolde ða sæde him mon ðæt to tacne. Ða swaf Eanulf Penearding on wæs gerefa ða genom eal ðæt yrfe him on ðæt he ahte to Tyssebyrig. \Ða/ ascade ic hine hy he swa dyde ða cwæð he ðæt he wære ðeof. 7 mon gerehte ðæt yrfe cinge forðon he wæs cinges mon. 7 Ordlaf feng to his londe forðon hit wæs his læn ðæt he on sæt he ne meahte na his forwyrcan. 7 tu hine hete ða flyman. Ða gesahte \he/ ðines fæder lic 7 brohte insigle to me 7 ic wæs æt Cippanhomme mit te. Ða ageaf ic ðæt insigle ðe. 7 ðu him forgeafe his eard 7 ða are ðe he get on gebogen hæfð. 7 ic feng to minan londe 7 sealde hit ðon biscope ða on ðine gewitnesse 7 ði\n/ra weotena ða fif hida wið ðon londe æt Lidgeard wið fif hidan. 7 biscop 7 eal hiwan forgeafan me ða feover. 7 an was teoðinglond. Ðonne leof is me micel neodðearf ðæt hit mote stondan swa hit nu gedon is 7 gefyrn wæs. Gif hit elleshwæt bið ðonne sceal ic 7 wylle beon gehealden on ðon ðe ðe to ælmessan ryht ðincð. (b) + 7 Æðelm higa eode of ðam geflite ða cing wæs æt Worgemynster . on Ordlafes gewitnesse 7 on Osferðes 7 on Oddan 7 on Wihtbordes 7 on Ælfstanes ðys blerian 7 on Æðelnoðes;
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    • (a) Sir, I will relate to you how it was concerning the estate at Fonthill, the five hides which Æthelm Higa is claiming. When Helmstan committed the offence of stealing Æthelred’s belt, Higa immediately began to bring a charge against him, along with other claimants, and wished to gain the land from him by legal process. Then he [Helmstan] sought me and begged me to be his intercessor, because I had previously received him from the bishop’s hand [i.e., stood sponsor for him at confirmation], before he had committed that offence. Then I spoke on his behalf and interceded for him with King Alfred. Then – may God reward his soul— he [the king] granted that he [Helmstan] should be allowed to establish right in relation to Æthelm concerning the land, because of my advocacy and correct account. Then he ordered them to be brought to an agreement. Then was I one of the men who were nominated thereto, and [so were] Wihtbrord and Ælfric, the wardrobe-thegn, and Byrhthelm and Wulfhun the Black of Somerton, and Strica and Ubba and more men than I am now able to name. When each of them had related his version, it seemed to us all that Helmstan might proceed with the books [i.e., land-charters] and state his claim for the estate: [namely] that he had it just as Ætheldryth had given it into Osulf’s ownership for a fair price; and that she had declared to Osulf that she possessed it with the full right to sell since it was her morning-gift when she wed Athulf. And Helmstan included all this in his oath. And King Alfred had given his ‘hand-setting’ [i.e., subscription] for Osulf, when he had bought the estate from Ætheldryth, in order that it might so stand, and Edward gave his and Æthelnoth his and Deormod his, and [so did] each of the men whom one then wanted to have. And when we were reconciling them at Wardour, the book [i.e., charter] was brought forth and read: then all the subscriptions were found thereon. Then it seemed to all of us who were at that settlement that Helmstan was in consequence nearer to the oath. Then Æthelm would not agree fully until we went in to the king and told exactly how we had adjudged it and why we had adjudged it; and Æthelm himself stood there with us. And the king stood— washing his hands— in the bower at Wardour. When he had finished that, he asked Æthelm why what we had adjudged for him did not seem just to him; he [the king] declared that he could think of nothing more just than that he [Helmstan] might produce the oath if he could. Then I declared that he wished to attempt it and requested the king to fix a day for it, and he then did so. And on the appointed day he performed the oath in full. He [Helmstan] had begged me that I should support him and had said that he would rather give [the land to me] than that the oath should fail or it for ever be declared forfeited. Then I had declared that I would help him to justice, but never to any wrong, on condition that he granted it [i.e., the land] to me; and he gave me that pledge. And then we rode to the appointed day: I, and Wihtbrord rode with me; and Byrhthelm rode thither with Æthelm; and we all heard that he delivered the oath in full. Then we all declared that the dispute had been ended, as the judgement had been fulfilled. And Sir, when will any suit be ended if one can close it neither with money nor with an oath? And if one wishes to alter every judgement that King Alfred made, when shall we then have finished disputing? And he relinquished the book up to me, as he had previously given me his pledge, as soon as the oath had been delivered; and I promised him that he might have the use of the land while he lived, if he would keep himself without reproach. Then after that — I know not whether after a year and a half or two years — he stole the accursed oxen at Fonthill, by which he was completely ruined, and drove them to Chicklade, where he was apprehended; and his ‘spear-man’ [i.e., drover] recovered the goads. When he fled, a bramble scratched him in the face. When he wished to refute [the charge], that was said in proof against him. Then Eanulf Penearding, who was the reeve, stepped in and seized all the inheritance that he [Helmstan] owned at Tisbury. When I asked him why he did so, he declared that he was a thief and [that] that inheritance was adjudged to the king because he was the king’s man and [that] Ordlaf succeeded to his estate, because it was his loan [i.e., lease] that he [Helmstan] was occupying and [that] he [Helmstan] could in no way forfeit it. And you [King Edward] then declared him an outlaw. Then he sought your father’s body [i.e., grave] and brought the seal to me, and I was with you at Chippenham. Then I gave the seal up to you and you then permitted him [to retain] his dwelling and possessions where he has yet dwelt. And I had succeeded to my land, and then — in your witness and [that of] of your councillors — I gave it to the bishop [of Winchester], five hides in exchange for the five hides at Lydiard. And the bishop and all the community granted me the four [hides] and one was [of] tithingland [i.e., land subject to tithe?]. Now, Sir, for me it is utterly necessary that it should stand, as has now been done and was long ago. If it shall be otherwise, then I must and shall be content with what seems to you to be right as alms. (b) + And Æthelm Higa withdrew from the dispute when the king was at Warminster, in the witness of Ordlaf and of Osferth and of Odda and of Wihtbrord and of Ælfstan the Bald and of Æthelnoth.
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    Old Text

    • + Leof, ic ∂e cy∂e hu hit wæs ymb ∂æt lond æt Funtial ∂a fif hida ∂e Æ∂elm Higa ymb spyc∂. ˘a Helmstan ∂a undæde gedyde ∂æt he Æ∂eredes belt for'stæl', ∂a o