them in breaking."
I have already quoted from another of Stubbs's works, "Select Charters,"
the charter which he appears to have discovered bearing upon this
transaction, and now copy the note, giving the authorities quoted
by Stubbs, with reference to the above passage. He appears to have
overlooked the complete narration of the alleged laws of William I.,
given by Eadmerus, to which I have referred. The note is as follows:
"Ll. William I., 2, below note; see Hovenden, ii., pref. p. 5, seq.,
where I have attempted to prove the spuriousness of the document called
the Charter of William I., printed in the ancient 'Laws' ed. Thorpe, p.
211. The way in which the regulation of the Conqueror here referred
to has been misunderstood and misused is curious. Lambarde, in the
'Archaionomia,' p. 170, printed the false charter in which this genuine
article is incorporated as an appendiz to the French version of the
Conqueror's laws, numbering the clauses 51 to 67; from Lambarde,
the whole thing was transferred by Wilkins into his collection of
ANGLO-SAXON laws. Blackstone's 'Commentary,' ii. 49, suggested that
perhaps the very law (which introduced feudal tenures) thus made at the
Council of Salisbury is that which is still extant and couched in these
remarkable words, i. e., the injunction in question referred to by
Wilkins, p. 228 Ellis, in the introduction to 'Doomsday,' i. 16,
quotes Blackstone, but adds a reference to Wilkins without verifying
Blackstone's quotation from his collection of laws, substituting for
that work the Concilia, in which the law does not occur. Many modern
writers have followed him in referring the enactment of the article
to the Council of Salisbury. It is well to give here the text of both
passages; that in the laws runs thus: 'Statuimus etiam ut omnis liber
homo foedere et sacremento affirmet, quod intra et extra Angliam
Willelmo regi fideles esse volunt, terras et honorem illius omni
fidelitate eum eo servare et ante eum contra inimicos defendere' (Select
Charters, p. 80). the homage done at Salisbury is described by Florence
thus: 'Nec multo post mandavit ut Archiepiscopi episcopi, abbates,
comitas et barones et vicecomitas cum suis militibus die Kalendarum
Augustarem sibi occurent Saresberiae quo cum venissent milites eorem
sibi fidelitatem contra omnes homines jurare coegit.' The 'Chronicle'
is a little more full: 'Thaee him comon to his witan and ealle tha
Landsittende men the ahtes waeron of
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