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CONTENTS.—No 56.
NOTES:-Domesday: Wapentake, 61- Burke's Landed
Gentry,' 62-King of Denmark's Masquerade, 64-Library
Arrangement-Lord Mayors not Privy Councillors-Peter
Schlemihl'-Bandalore, 66.

QUERIES:-Brabazon Family-Skinner-Arms of Scott, 67-
The Treasure of Pore Men -A Question of Grammar-
Vaughan Family - Latin Couplet - "Pulping"-William
Noble-John Corbet, 68-J. M. W. Turner-Charles Dance

-Pyecroft's Oxford Memories '-Warner-Anton's 'Philosophers Satyrs-Name of Painter-Lives of White Kennett -St. Erconwald, 69.

REPLIES:-Izaak Walton's Clock, 69-Anglo-Israel ManiaEarldom of Strafford, 70-Plou--Llan-- Folifate, 71Picture of Puritan Soldiers-A.M. and P.M.-Hotchkiss Family-Two-band Sword, 72-Poems attributed to Byron, 73-Bishop Ley burn-Precedence in Church-"A sleeveless errand," 74—' Pickwick'—" Sele of the morning"- Eliana' -'Elisabeth, Reine d'Albion '-'Berkshire Lady's Garland,' 75-Arms of Duchy of Cornwall-Ancient Burial-place at Dunbar-Brash, 76-Together - Burcell : Bussell-Wm. Henry, D.D.-Cardinal Quignon's Breviary-King's Court of Redlevet-Belle Children-Raree Show, 77-Garnet as a Christian Name-Jewish Intermarriages-Jordeloo, 78. NOTES ON BOOKS:- Stokes's Ireland and the Celtic Church-Schaible's ' Die Geschichte der Deutschen in Eng

land'-Burke's 'Peerage.'

Notices to Correspondents, &c.

Notes.

DOMESDAY: WAPENTAKE.

(See 5th S. xi. 413 (note); 7th S. ii. 405, 449.) As there seems to be some difference of opinion as to the nature of the "wapentake" and "hundred" during the Saxon and early Norman periods of our history, I wish to offer a few remarks towards the elucidation of the subject.

the absence of any special jurisdiction, the manorial lords or thegns were required "ut ante Justiciam Regis faciant rectum, etiam in hundredo vel in wapentagiis vel in schiris."

After the Conquest we find the same parallelism between the hundred and the wapentake.

In the Domesday Record the evidence taken as to the claims of parties in cases of disputed title is quoted indifferently as given by the hundred, the wapentake, the treding, or the comitatus. Thus in Gloucestershire we read, "Antecessor, Wihanoc tenuit, sed comitatus affirmat," &c. In Bedfordshire, "Unam virgatam reclamant homines Willelmi spec; et hundredum testatur," &c. When we get into Yorkshire and Lincolnshire the phraseology changes. In Yorkshire, "Nesciunt homines de wapentaco quoniam modo," &c. In Lincolnshire, "Homines de treding dicunt quod soca jacet in Gretham," &c.; "Dicit wapentacum non habuisse," &c.; "Dicit wapentacum et treding quod Siward tam bene tenuit," &c.

eum

In 1194, in the form of procedure in the pleas of the Crown, we read that four knights were to be elected for the whole county, 66 Qui per sacramentum suum eligant duos legales milites de quolibet Hundredo vel Wapentaccio "; and these were to select ten knights, "De singulis Hundredis vel Wapentaccis."

A.D. 1215. In the Great Charter, sec. 25, we read, "Omnes comitatus, hundredi, wapentakii et trethingii sint ad antiquas formas absque ullo incremento," &c.

In 1225, in a writ issued by the Great Council for the collection of a subsidy, it is commanded "elegi facietis quatuor legales milites de singulis hundredis vel wapentaccis secundum magnitudinem hundredorum vel wapentaccorum.”

The fact is, these terms were applied very loosely and interchangeably to the local divisions and districts. Bishop Stubbs (Constitutional Hist.,'

-

"It is not easy to determine the origin of the variety of systems into which the hundred jurisdiction is worked. In Kent the hundreds are arranged in Lathes or Lests, and in Sussex in Rapes. In Cornwall in the twelfth century the divisions were not called hundreds, but Trithings or Ridings, subdivided generally into wapentakes; but in Domesday the East Riding is divided into hundreds only, and in Lincolnshire, Northamptonshire, and Rutland the Wapentake and the Hundred are arranged side by side."

shires. Yorkshire and Lincolnshire were divided into

The term hundred in a legal sense is first met with in England in the laws of King Edgar, 959-975, "Ach. v. p. 100) observes :thief shall be pursued. If there be present need, let it be made known to the Hundredman, and let him make it known to the Tithingman," &c. The word and the institution had, however, been in use long before on the Continent. In the laws of Childebert, King of the Western Franks (A. D. 511-558), we read, "Si furtum factum fuerit, capitale de præsenti centena restituat, et causator centenarium cum centena requirat." Again, in the reign of Clotaire II. (595) the centenas or hundreds are recognized as legal jurisdictions. It may have been that our King Alfred in his legal reforms and adaptations had made a similar provision, but we have no record of the fact.

There is great confusion in the application of the terms. In Yorkshire the smaller divisions were anciently called shires, e. g., Cravenshire, Hallamshire, Richmondshire, &c. The city of York in Domesday was divided into six shires. Sometimes the wapentake and hundred are identical, as in the hundred of West Derby, in Lancashire, which held a wapentake court down to a very recent period.

MR. A. S. ELLIS (7th S. ii. 449) explains the

between the folk-gemot and the shire-gemot.
These divisions, as we have seen above, were called
by various names, according to the dialects or
traditions of the settlers.
66

Ducange says: Wapentachium apud Danos Anglicos idem fuit quod Comitatus seu Hundredas." He gives a long explanation of the origin of the term from the proceedings at the Vapna-thing (Scottice Wappen-schaw), when, the chief or leader having set up his spear erect, "Omnes enim quotquot venissent, cum lanceis suis ipsius hastam tangebant, et ita se confirmabant per contactum armorum, pace palam concessa.'

wapentake as "normally apparently a combination of three hundreds," for which he quotes Bishop Stubbs (Const. Hist.,' ch. v. § 46). This is an error. There is no mention of the wapentake in the reference given. In the previous section the bishop states that "the union of a number of townships for the purpose of judicial administration, peace, and defence, formed what is known as the hundred or wapentake"; and again,"The wapentake in all respects of administration answers directly to the hundred." All his references combine to show that the jurisdiction, by whichever name called, was identical. CANON TAYLOR (7th S. ii. 405) maintains that the wapentake and hundred The word is pure Norse, taka, to touch or take, were essentially different, and goes beyond MR. not being found in A.-S. previous to the Danish ELLIS in asserting that " as a rule, three pre-invasion, though it has subsequently superseded Domesday hundreds were combined to constitute the older word niman. one post-Domesday wapentake, which was the unit of naval assessment."

There is no evidence whatever to justify this conclusion. In the grant of King Edgar to the Bishop of Worcester it was stipulated "ut ipse episcopus cum monachis suis de istis tribus centurialibus, constituant unam navipletionem quod Anglice dicitur scypfilled, oboe scypborne."

66

In the levy of ship-money by Ethelred, A.D. 1008, the words are: Her bebead se cyning that man sceolde ofer eall Angel-cynn scipu foestlice wyrcan, that is, thonne of thrym hund hidum & of tynum hidum cenne scægð.'

There is here no mention of wapentakes, and I do not know to what other documents CANON TAYLOR refers for the "unit of naval assessment." The history of the hundred and wapentake is very interesting, and its origin must be searched for a long way back.

I have alluded above to the laws of the Frankish King Childebert in the sixth century, where the centena is mentioned. From thence back to the time of Tacitus is not a long stretch. Here we find the concilium of the Germans equivalent to the Saxon Folkmoot. The organization includes the centena, or grouping by hundreds. The hundred here was not a territorial, but a military and juridical institution. In the invasion of Britain and its settlement doubtless the organization which already existed would be transferred to the new acquisitions. Of this the tithing and the hundred formed an essential part. Nothing could be more natural than to carry into the new settlements the arrangements already familiar. Bishop Stubbs says ('Const. Hist.,' p. 54) :

"The ordinary court of justice was the Mallus, or court of the hundred......The court consisted of all the fully qualified landowners,......they furnished the centenarius with a body of assessors selected from time to time," &c.

The term hundred soon ceased to apply numerically. Inequality of estate and numbers reduced it to a mere formal name for a special jurisdiction

"

The conclusion, I think, is forced upon us that the wapentake and hundred were merely Danish and English names for the same organization on the north and south sides of Watling Street. J. A. PICTON.

Sandyknowe, Wavertree.

THE SEVENTH EDITION OF BURKE'S
'LANDED GENTRY.'
(Continued from p. 3.)

Farquharson of Invercauld. For "Findla More m. first Beatrix, daughter of Carden of that ilk,” read Garden of Banchory.

Fawkes of Farnley. For "Tristram Carliell of
Sewarley " read Sewerby.
Frank of Campsall. "Mary Frank m. Charles
Mainwaring." He was Admiral Thomas F. C.
Mainwaring.

Ferrers of B. Clinton. Elizabeth Ferrers (Mrs. Gerard) remarried Wm. Gerard Walmesley, second son of Richard Walmesley, of Westwood.

Finch of Tullamore. "Helena Finch m. John Hickman of Ballyket," but in the pedigree of Hickman of Fenloe he is named Anthony and she is named Eleanor.

Fitzherbert of Norbury. Sir Thomas Fitzherbert d. s. p., but his daughter Anne is said to have m. Richard Congreve of Congreve.

Fletcher of Nerquis. "Owen Wynne m. 1869 and d. 1717."

Floyer of W. Stafford. Wm. Floyer m. Mary Pole. Called Amy in 'Peerage.'

Fordyce of Brucklay. (Arms) for "Linday" read Lindsay.

Foulkes of Eriviatt. For "Sir Thomas A. L. W. Strange m. Louisa, dau. of Sir Wm. Burroughes, Bart.," read Burroughs, the baronetcy of Castle Bagshaw being meant.

Fox of Bramham. For "the family of Fox and Grete" read Fox of Grete.

Francklin of Gonalston. "Eliz. Francklin m. Fred. Burnaby," his name being Thomas Frederick Burnaby-Atkins.