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LIUTHEOU*t114Rfl5 /

ON AN UNPUBLISHED CHARTER OFUHTRED OF THE HUUICCAS, IN THEPOSSESSION OF THE DEAN ANDCHAPTER OF WORCESTER..

BY WALTER BE GRAY BIRCH, lion. Librarian.

[From the Transactions of the Royal Society of Literature,. vol. xi., NewSeries.] -

By the kindness of the Dean and Chapter of Worcester,II am enabled to exhibit to the members of theRoyal Society of Literature a very valuable Anglo-Saxon Charter preserved in the Cathedial Library,and I beg to offer the following notes upon it.

The Cathedral Church of St. Mary at Worcester was,naturalli enough, likely to contain many munimentsrelating to the early and pre-reformation landed pos-sessions of its religious and secular inmates, and weaccordingly find the learned antiquary, Sir WilliamDugdale, compiling, in 1643, a Catalogue which theequally illustrious gramtharianand littératew' Georgeiickes incorporated into his "Thesaurus," printed atOxford in 1.703, at the end of that great work.This book, the ' Thesaurus,' is supplemented by aCatalogue of all the Saxon MSS. existing in Englandat the time of its publication, and is entitled:-

Autiqine Literatura7 Septentrionalis Liber Alter,seu llumphredi Wanleii Librorum Vett. Septentrio-nalium, qui in Angliw Bibliothecis extant . . . Cata-logus Historico-Criticus, etc., Oxoni, 1705." The

A

Document

llllilI llIi 11111111 HI 1111119000005533862 _j

2 ON AN UNPUBLISHED CHARTER

actual Catalogue of MSS.• is called " CatalogusLibrorum Septntrionaliurn tam Manuscriptorumquarn impressorum;" and at page 299, he introducesDugdale's list of Anglo-Saxon Charters at Worcester,with the following title and notes " CatalogusChartaruni temporibus M-um Anglo-Sitxonum con-fectarum, qurn hand ita pridem in Archivis EcclesiaWigorniensis extabant. (ilunc Cataloguin texuit1). G. Dugdalius, A.D. 1.643," ) . Quin et intra tresaut quatuor annos in Ejusdern Ecclesioc Archivis exta-bant a]ie qumdam chart", quas quidem jam perditas -feliciter publicavit P. Georgius Hickesius Gramrn.Anglo-Sax."

It is not very clear what became of the fine seriesof one hundred and - eleven early documents, for themost part relating to a period anterior to the conquestof England by the Normans. But it is certain that thelate John Mitchell Kemble, when collecting materialsin 1839, for his renowned Codex Diploinaticus AJviSaxonici,'—a work aiming at embracing the accuratetext of every known Saxon document—was not ableto make use of any of these original manuscripts, butwas compelled to have recourse either to late, in someinstances very late, copies of the same deeds, or toomit them altogether.

But a short time ago the Iibiarian of the Cathedral, Mr. J. II. Hooper, M. A., who was wellaware of the former existence of literary treasuresrelating to his Cathedral and their nnaccoñntabledis-appearance, was so fortunate as to recover a veryvaluable charter, which, however, 1 am not quitecertain was ever included in the catalogue of thetreasures already quoted, and it is through his agency

OF UUTRED OF THE UUUICCAS.. 3

that we are indebted for the very rare exhibition of

an original Saxon document on this occasion.I shall commence my account of it by giving the

text winch I have supplied in some parts (but iotthroughout), where mutilated, from analogous JbrrnuIfound in two other similar documents, which will bementioned and described further on

+ In nomine diii nii ihul xpi, (Jertissime )tR.q; absq;dubitatione constat omnia qme uidentur temporalia esse,Et ea q; I non uidentur ieterna osse, Idcirco ego nht,redus dodonante regultis huicciori cogitaui . Ut ex acce1jta portioneterrigenis I rogni a largitore ornnifl boiiorii aliquid quarnüisminus dignu p remedio anime moos in usus a3clesiastica3libertatis erogal[rem] . Unde fideli moo ministro ODdel-mundo uidelicet filio ingeldi qul fait dux et jifectus adeiba1diregis meri, cum consiftlio] et .licentia offini regis meSimulq; episcopori ac principli eias, Terri . v. tributariorulTa uieü qui nomina? I [eastun'] iuxta fiuuii in orientateparte qui dicitur saluuerpe lure 93clesiastico possidendullibentissime p duo omnipotenti I .....tenus so ninoutepossideat et pos e so cuieiiq ; uoluerit duob; heredis rehn-quat Tllisq; e scnlo migrautib ; rodda? ......[nig]eranens voclesiao agrü cum libris2 ad inensã cori sineulla contradictions mihi atq ; ornuib ; nobisin elemosi-[ha] .......Us patriie illoriiq; intercessione ad diii uinüet uerii Insuji di.-no jStio a añtedicto Le&mur1do suseepto

[sciat unusqnisq;] bane terra liberd esse ab omriitributo paruo I Inalore publicaliu rerü et a cunebis operibI regis I prinj[cipis proctor instructio]uib; pontiii t neces-saris defensiouib; arcii contra hostes . Oni nimodo quoq;in di omnipotentis notnil [no interdichuas ut Si] aliquisIn hac Pnorninati terra aliquid foraras furanerit alicuialiquid nisi specialiter jitifl p jitio I ..............

Hodie Aston infra nrnnermrn Stoke Prioris: MSS. Had. 411rO, f. 3/4.A remarkable use of the word fiber fhr a 6a) fer.' A. S. lice.

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augentem hoc mcii ceptii . Otnnip d sun augere bona Iniieternfl Li cossat, Minuenté 44 ii j [optamus sciat cc ante]tribunal xjii ration eddituri nisi ante ea do et hominib;satis emendauerit, Conscripta t I lantern haco donatio annoab] incarnatione dM ni'i liii xi, dcc, lxx, Indic, diii,decenoui, xi, Lan, viii,

[+Ego. offa dci done rex me]r hancdonationë subregulimci osensi et signü scae crucis inposui,

[+ Ego Mildredus Christi gra] tia ocedente hurnilishuieci ep oseii et sub.

[+Ego Iihtredus .......di]spcnsationcdon.aute regulus ppiw gentis bane meã libertatis dontionëp dflo ocessii oroborans signil salutare oscripsi

[+Ego Aidredus subregulus h]uiE huic ocesszo donationifratris mei osentiendo subscribo.

[+Ego Eada conseicet su]b[+ Ego Brorda con] sen et sub

( [lii sit termini donationis+Ego Eadbald osen et sub jstjus saluueip.n cyrnodes

halh huitun ,ftau readansolo

+Eg& cynerytS regina merE ascii et sub+ Ego eegfer films ambori oseh et sub+Ego oelfflzed filia ambori oseliet sub

The description of this is that Uhtred, regulus ofth'e Uuuiccas, grants by permission of his sup6ri6r lordand king, Offa, of the Merciaris, to IT, thelmund hisminister (not necessarily an ecclesiastical, but pro-bably a high political personage at his court), the sonof Ingéld, who had held the office of dux or military

These on the don, on which also, in later hands, areTo Eastune. -

Offani regis.i.Stoee.

1. StoceTo Eastune

OP BulkED OP THE HIJUICCAS.15

leader to JEthelbald, 4 king oft the Mercians (theimmediate antecessor to Offa), a quantity of landspecified as of fine tributaries, that is, the Views whichis called Eastun near the river on the eastern partwhich is called Salwerpe, for the ordinary Saxonholding of three lives, after which the property is tobecome the possession of the Church at Worcester.It was to be held on the usual terms of a free gift,that is, the repair of bridges, fortresses, and militaryservice. The terms of these burthens upon the landsgranted by kings are so interesting that the remarksof Kemble upon them may well be introduced hero.

He says, " The one5 common and unavoidable duty,called the commünis labor, gonerale zneonzmodwn, trinodaneee.ssitas, etc.. was the repairing of bridges, fortifica-tions, or other public buildings, and military service."The sentence involving these duties in the charterbefore us is . :—" Sciat unusquisqiue bane terram liberaniesse ab omni tribute . . pneter instructionibus pon-tiuin, vel necessariis defensionibus arciurn contrahostes." "From these no one was excused; and theywere so essentially a part of the ancient and customarylaw of the land, that the attempt to escape from themcasts well deserved suspicion upon any document inwhich it is found . .'. It does not appear from thecharter, whether these burdens, like the corvée of theFrench Feudists, were a personal service, or capableof being 'compounded for at a fixed sum, a kind ofcounty. rate. Whichever was , the case, and perhapsboth forms may have existed together, the want of anystipulation in the documents as to the amount, serves

Ob. A.D. 757.V. I. P. ii.

6ON AN UNPUBLISHED CRAWlER

to show, either that there was a fixed and invariableproportion, or that the assessment was made pro hâovice, by all the landowners in county court assembled,and was not dependent on the will of the grantor. Itwas onus commune, the advantages of the communitysuperseding all privileges, even those of the clergy.But military service is not susceptible of such commu-tation in the early ages of a country, when the popu-lation is thinly scattered over a wide extent of ill-cultivated land."

Of llhtred, the regaIns of the lluuiccas, and thegrantor of the land of Easton to .IEthelmund herecontained; very little is known beyond what may begleaned from the only five charters which exist relatingto him, and which I shall now refer to in order ofdate.

1. The first is a charter, which until the last fewyears was in the possession of the Finch-ilattons,Earls of Nottingham and Winehelsea, and probablyformed part of Sir Christopher flatten's collection ofMSS. It was purchased from Mr. Attenborough bythe trustees of the British Museum in 1878, and hasbeen facsimiled by the Museum authorities in their"Facsimiles of Ancient Charters, part ii. no. 2, 1876."From this charter it appears that three brothers, "tresgermani, uno patre 'editi, Eanberht, atque Uhetrecinec non et Akl'red"° granted land at Onnanford toHeadda abbot of ? Worcester 7 in A.D. 759. They are

Aldred appears as late as A.D. 777, and seems to have survived hisbrother [iCemblo, (P'd. Dip!. cxxxi].

ITeadda abbot, occurs in Kemble. God. Dip?, no. cv., FcbnaatA.D. 769, and is probably the seine as Headda, abbot of Worcester, be-tween A.D. 781 and 768 in Kemble, no. 169.

OF MITRED OF THE HUUICCAS, 7

designated each by the title of "regulus"in the sub-scription appended.

2. The second charter; as far as its general importgoes, is somewhat similar to the one before us, andenables me to supply a few words that have beentorn from the charter tinder inspection. It isprinted by Kemble, in his 'Codex IDiplornaticiis '(no.cxvii.) dated A.D. 767, and is closely allied to thisnewly-found document in much of its text. Kernble,however, does not appear to have seen the originalbut he prints from an eighteenth-century copy in MS.Han. 4660. £ 3/4. entitled "Cartarurn aliquot Perve-tustarum que extant inArchivis Eeclesire CathedralisWigorn. Apograplia." In the list of contents of thisHarley MS., the charter of Kemble's Coder, no.cxvii. is called " 4. Uhtredi reguli HunicciorumAthelmundo ministro," and is the same as that onenumbcred a (4) by Hickes in his Catalogue of Anglo-Saxon MSS. already quoted. The title of this lostcharter is noticed by Hickes as " Carta Donationis quadat lJhtredus Regulus Hunicciorum Mcli suo Ministro.thelmundo (filio lugeldi qui fait flax et PnefectusAthelbaldi Regis) cum consensu et Licentia OffaniRegis Merciorum, simulque Episcoporum et Frincipumejus, terram 5 Tnibutariorum, i.e. vicum qni nominaturEastnn juxta fluvium, in [loco] qui dicitur Saluuarpe.A.D. 76 (sic). Indict. 6, Lun. 5." The text is notonly given in the ' Codex Diplomaticus' and in theHarley MS. quoted above, but also in Hickes' ' Gram-thatica Anglosaxonica,' p. 170, and in iDugdale's'Monasticon Anglicanum' vol. i. p. 586.

From inspection of the text of this second charter- it is certainly not the same as the one restored to


Worcester. The date, and the list of witnesses; beingvery dissimilar to those of the original charter exhi-bited on this occasion.

3. There is also another charter which bears yetcloser resemblance to the one under our, immediateattention. It is described by ilickes in the Cata-logue of Worcester Charters already referred to, as11 4. Uhtredi Reguli Tiuicciorum de Eastun propeSalewarpe, A. 770, coufirmata per Offam regem.Sax. et Lat." This, also, apparently was never seenby Keinble, who only gies it from the eleventh orearly twelfth century Begistèof Worcester Charters,in MS. Cotton. Tiberius A. xiii. if. 145 1 146. " DeStoke." Kemble Cod. Dip!. no. cxviii. But this char-ter is a grant of the land to the brethren of the Monas-tery of Worcester, and not to }Ethelinund, althoughit is couched in very nearly the same words, andsupplies some 'words for the restoration of the textof the charter exhibited on this occasion. It is,therefore? reasonable to conclude, that very shortlyafter the granting of this land to JEthelmund, the textof which grant I am enabled to describe here for thefirst time the grantee granted it to the brethren ofWorcester.

Kemble unfortunately omitted the boundaries of theland Jereby conveyed,' which I here supply to coin-plete the history of the transaction. For although thecharter, is not quite identical with that which I exhibit,yet the property mentioned is apparently the same,and the statement of the boundaries is valuablenot only to the county topographer, who can by itsmeans catch up the positions of lost places and ex-

9 In Anglo-Saxon, and thus.beariug out thp descriptionet Lat..by Hickes.

OF MITRED OF THE IIUUICCAS. 9

plain the names of modern localities, but it is also ofvery great importance to the philologist; and as ithas never yet been printed it adds a fresh contribu-tion to the corpus of Anglo-Saxon texts.

"irest from mam in c'rstel mml a0. Of crbtei mmlac in east wide teouc loge. Of teofe leage in Piet srftreop.Of barn sS'rf troope in 3 rug mapel treop in forpeard perdune.Of fotepeard perdiine o midde pearde per. Of midde per-dune in Verdun broc. Of midde per dune brace in middanpearde laugan dune. Of middan pearde langan dune inscoop peg. Of scearp peg in hpmta leage. Of hpmta loge inhens broc. Of liens broce in saiparpan. Of seal parpan inholan peg. Of Fm peg in a-bpitau biriceau. Of 'mrb biricanin aleherdes ford. Eft aof salparpan in ifihtan ac. OfPoore at in Pa mmr ac. Of nnre ac in bonnie nacer. Of Pam

cere in cmrsa boot. Of Pam bmte in pipan. Of pipan inpii broc. Of Pam brace in 3'S 3'ruh. Of 3'ä 3'rng in hahnpeg. Of Pam pege in bridenan brcgge. Of 3'mre briggein eumb Of Pam cumbe in ale beardes ác. Of j,mre acin Pa heart sole. Of Poore sole in Pa 3'isle. Of Poore 16isleoft in ba mt3'aw."

4. The fourth document is a charter of llJhtred, thetext of which is given by Kemble in his ' Codex Diplo-maticus,' no.. cxxviii., but it has been marked by himas of doubtful authenticity. It has no date, but theeditor of that monumental work is probably not farfrom right in assigning to it a dath between the years764 and 775. The document is a grant by Tlhtred,"Subregulus Huicciornm" of land to ,WorcesterCathedral "Ecclesià Beatm Semper lrirginis DelGenitricis Marim, qum sitfr est in IJegerna civitate ubicorpora patrurn mebruni digne conduntur." - Thesubscription of Uht.red is appended with that of Aidred


his brother, to whom reference has already been made.The original of this is not now extant, and Kemblegives it only from the Worcester Register in theCottOnian Library, a manuscript the date of whichhas already been pointed out.

5. Before proceeding to examine the charter beforeus from its artistic and palographic points of view, itis worthy of record that in addition to these above-mentioned charters which ,are grants from Uhtredhimself direct, there are the following charters in theCoder where he is mentioned or where his subscrip-tion is appended, in testimony or confirmation of theirpurport.

1. "lJhtred." K. cii., a doubtfulcharter of Eanberht ofthe llwiccas, A.D. 757.

2. "Mitred rgulus."

- K. cv., a charter ofEanberht, Feb., 759.

3. "Manna Uhtredi."

K. cxi., a doubtfulcharter Offa of Mercia,A.D. 764.

4. "Uhtred."

K. cxxv., a charter of"TJhtredi Germani Mei." .kldred of the Huiccas,

A.D. 757 x 775.5. "Uhtred Subregulus!' K. cxxvii., a charter

of Ceolfrith, Abbot ofWorcester, A.D. 757—775.

.To recapitulate therefore the important points whichhave been elicited in the course of these totes, wehave found the following facts relating to Uhtred,subregulus of the Uwiccas, viz.

OP IJHT11ED OF THE ITUUICCAS. 11

(1.) That Eanberht, Aldred, and Uhtred, werethree Sons born to one father; and thatthe father and ancestors were buried inWorcester Cathedral. -

(2.) That Eanberht, the eldest brother, grantsvarious charters to Worcester Cathedral, inthe years 7 .57 and 759.

(3.) rjl1at Uhtred, the third brother, is not styledregulu-s in 757 but is styled regulus in 759iii two documents: is not styled regulus in764 ; but styled rqulus in 767, and againin 770; and subregulu.s in a charter of datebetween 757 and 775.

(4.) That the second brother, Aldred, appears toha Thye been the survivor of the three in A.,

777.(5.) That of the flye documents purporting to have

been issued directly at his command, twoonly are extant in the form of charters,the other three being only fouid in manu-script Registers of far later dates.

(6.) Of these two, one is in the Manuscript Depart-ment of the British Museum, numbered asAdditional Charter 19789 ; the other is thatat present before us, in the possession of theDean and Chapter of Worcester.

(7.) That the one before us is unpublished, andthe boundaries which probably related tothe same land, when registered to theCathedral, are also unpublished.

There is a photograph published by the BritishArcholdical Association in the -Journal for 1876, p.

12ON AN UNPUBLISHED eHARTJIR

190, of a charter which is a grant of Oda to his faith-ful 'minister Zthelinund, the same probably as thegrantee of the Worcester deed. This is to be datedin all likelihood between 791 and 796, and isyaluableas showing close resemblance of handwriting to theone before us.

The principal points 'exhibited by the analysis ofthe palography pf this valuable relic of our SaxonAge, are as follows:—

The words are divided by spaces ; prepositions andconjunctions only being sometimes, but not always,united to the words following them, as in the case of"exaccepta," in line 2; "etj5fectus," in line 4"addfli" for cC adline 9 ; ".premedio,"line 3.

The formation of the letters is long and fine, andthe peculiar style of the handwriting here employedis seen on other charters deriving their origin fromthe Mercian court at this remote period. Of indi-vidual characters—

a has the usual, plain 'but elegant form of theletter.

a' is of frequent use, not divided into two letters.1' is plain, but the tip of the up-stroke is cut off

obliquely with a short spur pointing downwards.• c is well rounded and of ordinary shape. A large

initial C occurs in " Certissime," hue 1 ; and " Con-scripta," line 14.• ii has two forms, (i.) the most frequent has an

oblique up-stroke as seen in "din," line 4 ; (ii.) theother form is composed of an open loop and straightline, as seen in " dlii," " dcc," and dccenovi" in

•line 15. There is a large form of d in "Idcirco,"line 2.

OF THTRED OF THE BUUTCCAS.. 13

e has the central bar rather above the middle of itscurve; it frequently is of enlarged proportions andprojects above the line, and is sometimes conjoinedto the following letter by means of an elongation ofthe bar.J is of the usual Saxon form, the horizontal bar

being level with the base line of thelwriting. Thereis a bolder form in filius, lines 23, 24.

p is also of the ordinary Saxon shape, the bar flatat the top, the body curving to the left at first, andfinishing with a curve to the right below the line.

is has its long arm cut off at top obliquely, with ashort spur pointing downwards:

i has two forms, (L) plain, (ii.) carried below theline as in "cunctis," line 10 ; " omnipotentis," line11. There is a large initial I in "Idcirco," line 2;' Id," line 5.

It does not appear.1 is out off obliquely at top with a short spur: (ii.) a

larger and fuller form carried below the line, as in"Illisque," line 7; etc;

vi has two forms, the first plain; (ii) in the secondform the final curve is more boldly marked, as in" " line 8. There is a large initial. M inomnibus,Minuentem, line 13.

a has also occasionally a form similarly. em-boldened.

o appears to be formed of two curving lines:There is a large initial 0 in "Omnimodo," line 11.

p has its straight stroke cut off obliquely at thetop with a short spur pointing downwards, the.loopis open at the lower part, and ends with a dot.

q is of plain shape.


• r has the Saxon form, consisting of a long - strokeproduced below the line and a curved line broughtdown to the lower line bounding the writing.

s is mistly found in the form of a long uncialletter, extending somewhat above and greatly belowthe line; (ii.) It occurs as a capital of Roman form in

Simuique," line 5.t has a curved line with horizontal bar.; (ii.) in some

cases, but not always, final t has the bar greatlyprolonged, as in " emendaverit.," line 14. Thereis a large initial T in Terrain, line 5.

it is of ordinary shape, but a large form is seen in" Ut-," line 2, and a still larger form in " TJnde," inline 4.

v occurs in numerals '' v," line 5 ; 11 viii," and"viii," line 15.

x has a long loop on the left, as seen in " ex, 11

line 2.y is not dotted in " cyniedeshalh," line 20

cyncdty, line 22.The ligatures, or combinations of two or more

letters into a compound form of more or less arbitraryshape include the following. The combinations of ewith other letters are very numerous, and in thesecases the bar is oblique and otherwise modified, forexample,-

cc in "profectus," line 4• ace in '. sculo," line 7.

in " ego' line 2 ; " regnlus," line 2 ; " snbse-guli," line 16 ; etc.

ci in " ems," line 5 ; "mci," line 16; etc. -cm. in " temporaiia," line 1 ; ' remedio," line 3;

etc.

OF UHTRED. OF THE IIUUICCAS. 15

en in " videntur," line I ; " terrigenis," line 2etc.

go in " eorum," hue S.ep in " suscepto," line 9.er in '' certissime '' line 1 ; " terrigenis," line 2voluerit," line 7; etc.act in "terna" line 2.es in " Esse," line 2 ; " intercessione," line 9;

etc.et in '' et "line I.; 5 ; " videlicet," line 4 ; etc.ex in "cx," line £ ; etc.ft in "fideli," 'line 4 ; but not in "fihio," line 4.—U in two forms (i.) j5tiuin line 12, where the i is

indicated by an elongation of the sloping dross bar ofthe t; (ii.) the second form is seen in "migrantibus,"line 7, where the i forms a right angle with the hori-zontal bar of the t; the same style is seen in"pontium," line 11.

—Ho— in " contradictione," line 8lines 9; ii. -

—tion— in "dubitatione," line 1; "portione,"line 2; " rationem," line 14; " incarnatione," line 15;

clonatione," lines 16, 18 ; " dispensatione," line 18,etc.

—UUoni in " donationis," line 20.—Us in " satis," line . 14 ; " gentis," line 18

"libertati," line 18.ni in '' termini," line 20.

The contractions and . abbreviations are rathernumerous. Examples occur of

or I for —am final, in terrarn, lines 5, 10, etc.—b; for —bus, in duo'bus, line 7; omnibus, 'line 8,

etc.


o fcr con— at commencement of words, as inconsensi, line 16, etc.

di for dci, line 11.dfll for deum, line 9.diii for domini, lines 1 7 15.duo for domino, line 6.do for deo,- lines 2, 14.it for the Saxon ti in 1e1mundo, ieitelbaldi, line 4.;

we]mundo occurs in line 9; and cyneciry in line 221and ecgfer, in line 23.

e for —em final, in rationern, line 14.+ for est, lines 5 3 14.eji for ejiscopus, line 17.liuici for huicciornm, line 17.ihfl for ihesu, lines 1 7 15.indiZ for indictione, line 15.t for Ye!, line 10lull for lunatione, line 15.me for merciorum, line 5.mere for mercioruni, line 22.meri for mercioruin; line 4,ii for non, line 13.necessaris for neeessariis, line 11.nfl for nostri, lines 1, 15;j3 for pne—, in jifectus, line 4; j5tio, line Q; etc.p for pro, lines 3, 6, 12.jipter for propter.q ; for pie, line 1.qil for '' quod," line 13.2 for —tur, at ending of words, as nominatur, Tine 5,

redclatur, line 7.se for sanet, line 16.sE for sunt, line 20.

OF TJHTRED OF THE HUUICCAS. 17

sub for subscripsi, line 17.oseii for cónsensi, line 17.ti for —urn final, in lines 3, 16, etc,xpi for Christi, lines 1, 14, 15.

The middle comma is of frequent use for thepunctuation, bothin the middle and end of a senteftce.

The fine plate which accompanies this notice hasbeen reproduced by the Autotype Company by their•permanent process, from the original charter.

((IBLIOTNQUE))

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