stitution of St. Peter's; it is an agreement between Wulstan, bishop of Worcester, and the abbots of Evesham, Chertsey, Bath, Pershore, Winchcombe, and Gloucester, and the dean of Worcester, to adopt the Benedictine rule, and to be in unity as if all the seven monasteries were one monastery, and to be "quasi cor unum et anima "una." They agreed to sing two masses every week in each monastery for all the brothers, on Monday and Friday, and the brother who was "capitula mæsse wuca was to perform these masses for the brothers living, and also for every departed brother, as if they all were together in one monastery; thus beautifully illustrating the doctrine of the Communion of Saints, which the Church has ever proclaimed in her solemn creeds, teaching us the belief that the righteous who pass away from our presence here, yet are with us in spirit, mingling their prayers with ours before the eternal throne of the Most High. The abbots also professed obedience to God and to their bishop for their common need, that is, that each of them should perform, and for his own account buy a hundred masses, and bathe a hundred needy men, and feed them and shoe them. And each to sing himself seven masses, and for thirty days set his meat before him, and a penny upon the meat. The document appears to be incomplete, for the names of the brothers at Evesham, Chertsey, and Bath only are appended. The following

is a copy:

"On Drihtnes naman Hælendis Cristes is Wulstan "b. on Drihtnes naman · hæfð gerædd wið his leofan "gebroðra. Je him getreowe synd for Gode for "worulde. Dat is ponne ærest Egelwig abb. on "Eofesham Wulfwold abb. on Ceortesige y Elfsige "abb. on Badan pa gebroðra. Eadmund abb. on "Perscoran y Rawulf abb. on Wincelcumbe. Særle "abb. on Gleweceastre y Elfstan decanus on Wigra"ceastre. Dat is we willad georne gehyrsume beon "Gode Sea Marian y Sce Benedicte us sylfe

པ

gerihtlæcan swa neah swa we nyhst magon þam rihte beon swa swa hit awriten is. quasi cor unum et anima una y we willað urum world hlaforde Willelme cinincgey Mahthilde pære hlæf"dian holde beon for Gode for worulde:- habbe "we us gerædd betweonan to ure saule pearfe y to ealra para gebročra pe us underpeodde synd þe * munuchades synd p is p we willað beon on annesse. swylce eaile pas VII. mynstras syn an mynster y beon swa hit her beforan awriten is. quasi cor unum, et anima una. Dat is we alcere wucan singan II. mæssan on ælcum mynstre synderlice for “ealium gebročrum monandæge y frigedæge y wite

se bročur pe capitula mæsse wuca bið. þas mæssan -gefortige for pa gebroðra þe libbende syndy for "æican fortfarenan breder æle para inga fore don swylce hig ealle ætgædere on anum mynstre wæron:

nu is para abboda cwydrædene hig willað beon Gode gebyrsume y heora bisceope to heora ge"mænelicum paerfe is pheora æle sceal don an c. "massan of his agenra handa gebyege an c. paer"fendra manna gebaigey pa fedan yealle pa gescygean yæle singe himsylf VII. massan and " him foredon XXX. nihta his mete beforan him. y ænne pænig on uppan þam mete: God us gefultumige we hit jus motan gelæstan y mid suman "Gode geeacnian. Sic fiat.

"Dis synd þara gebroera naman on Eofesham is * ærest.

"Egelwig abby Godric abb. y Egelwine decanes ~y Orimær. y Godefrið. y peodred. Regnold. y "Eadricy Elfwine y Eadwig Colling y Leofwine ·

Elfricy Wulfwine Sired y Bruning Elmær y "Elfwine y Egelric y Egelwyrd Dunning Sægeat Uhtredy Eadweard. Eadmund Ulf. Brihtric. Wulfsige Sexa. Elfwine Wimær. Egelwig.

“Dis syndon para broðra naman on Ceortesige p "is ærest.

“Wulfwold abb. y Elfwardy Sælaf. Oter y God"wine. Epestan y Eadgar. Eadmær Godwine. "Elfwine Benedict Siwine y Alfwold Brihtnoð y "Elfric. Godric y Elfric. Oswold y Elfricy Wulf"wardy Wulfric.

"Dis syndon para gebroðra naman on Baðan pis "ærest.

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"Elfsige abb. y Elfric. Leofwig y Hiedewulf. Elfwig y Egelmær. Eadwig y Godwine. Egelwine y Oswold. Elmær peodred. Eadric. Egelmær "Sawulf. pured. Egelric. y Herlewine y Godric "munuc or Mældmesbyrig. eals wa ure an "Wulfwerd Píces brodor on Tantúne."

eals wa

The return of the possessions of St. Peter's, as given in Domesday book and also in the Calendar of donations,1 tells us with what success the abbacy of Serlo was attended in obtaining for the youthful Benedictine house lands and manors in addition to those it already had from the gift of its early benefactors; it numbered lands in Gloucestershire, Worcestershire, Herefordshire, and the remote region of Hampshire, and soon afterwards the church of St. Martin in the Vintry in London and lands in Essex were added.

The method in which Domesday was compiled receives a curious illustration from the Gloucester cartulary, in fact one of the returns in that grand and memorable record is alleged to be incorrect, and this in no unimportant degree. We are told that William I. granted to St. Peter's and to abbot Wilstan Nympsfield (Nymdesfeld) in Gloucestershire, with sac and soc, but in the year 1087 Roger de Berkeley the elder caused it to be described in

1 Vol. i. p. 58.

Domesday as among the king's lands, "ad mensam regis," unknown to abbot Serlo; however in the year 1093 it was restored to the monastery by Eustace de Berkeley, tempore Serlonis abbatis;" thus showing evidently that whether the false return was made wittingly or not, at all events Serlo did not allow it to remain unnoticed or unremedied. To many persons this misstatement in Domesday and its subsequent correction may seem of little moment, but it really involves an important legal point, as I shall endeavour to show. It is sometimes necessary in a court of law to adduce evidence in support of land being of that peculiar tenure called "ancient de“mesne,” and the only way in which it can be established is by an appeal to Domesday. "The tenure of ancient "demesne," says Scriven in his work on Copyholds,1 " is "confined to such lands as were held in socage of manors "belonging to the crown in the reign of Edward the Con"fessor, and in the reign of William the Conqueror; and “whenever a question arises as to the particular lands

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being ancient demesne, it is to be decided by the pro"duction of Domesday book; wherein the lands which "were in the possession of king Edward are called terræ regis Edwardi, and those which were in the posses"sion of William the Conqueror are called terræ regis."

Now supposing a dispute arose at the present day as to whether Nympsfield were ancient demesne or not, it is a matter for consideration how far our courts would allow the statements in this monastic chronicle to influence their decision. I am quite aware of the doctrine that there can be no appeal from Domesday book, and no averment made against it, but is this rule never to admit of qualification or relaxation? If the averment be supported strongly by collateral evidence, I see no reason why Domesday may not receive correction; it is a valuable record, but it is not infallible.

1 Vol. ii. p. 650.

I

From the period of Serlo to the dissolution the charters and other instruments relating to St. Peter's are too numerous, and are frequently of too common-place an order to be described seriatim, or to be woven into a narrative, but a few are worthy of notice as illustrating in a special manner the history of the monastery. allude to the charters of confirmation granted by kings Stephen and Henry II., by the archbishop of Canterbury, and by Gilbert de Clare, earl of Hertford. Each charter specifies all the possessions confirmed, thereby affording us the means of comparing the extent of the monastery property at different periods.

The privileges enjoyed by St. Peter's were both numerous and important. The monks were to have the sole liberty of fishing in all their streams, as well in the Severn as elsewhere, and they were to have all sturgeon caught there. They had also the tithes of all venison taken in the forest of Dean; and a fair and market at Northleach. Protection was granted them by king Stephen and by Henry III., and by Gilbert de Clare, earl of Gloucester. Their land was to be free from all toll, carriage, summage, conduct, and all other exactions; and they were to have rights of warren over all their lands. They were to have freedom from toll over all the lands of Bernard de Novo Mercato in the honour of Brecknock, and over all the lands of the earl of Mellent in Wyche, and also for whatever they purchased in the city of Bristol in the way of food, clothing, or timber under a charter of William earl of Gloucester, who also granted them a similar freedom for everything they bought or sold in Bristol, Cardiff, and Newport. John earl of Mortain also freed them from toll over all his lands in the same towns.

Towards the end of the reign of Henry III. disputes sprang up between the municipal authorities of Glou

1 Vide vol. i. pp. 222, 226, 349, and vol. ii. p. 222.