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royal residence; and, tracing the king to a country seat at Merton, the abode of a favourite lady, surrounded the house at midnight. Cynewulf was quickly roused; but his followers were scattered throughout the place, and could not be collected until, after a brave personal conflict with the enemy, the king's life-blood had satiated his vengeance. Cyneheard now offered the royal train their liberty and possessions, on condition of their peaceable departure; but they rejected his proposals with scorn, and to a man died on the threshold of their master. On the intelligence reaching the court, in the morning, Osric and Wavirth, two powerful chieftains, surrounded themselves with their vassals, and rode to Merton, where they were met by Cyneheard, with professions of friendship. He called their attention to the injuries of his family, the duty of avenging which had devolved upon himself; urged his claim to the vacant throne; made them the most liberal offers, in case of their acknowledgment of him; and concluded by reminding them, that many of his adherents were their own near

kinsmen.

"Our kinsmen," they indignantly answered, " are not dearer to us than was our lord. To his murderer we shall never submit. If those who are related to us wish to save their lives, let them depart." "The same offer," rejoined the followers of Cyneheard, " was made to the attendants of the king, who refused it. We will prove to-day that our attachment is equal to theirs:" and Cyneheard, and all his adherents except one, were slain*.

But the Conqueror, owing his crown to the sword, more strictly adapted the system which he found in use to his own military notions and future safety. Having divided all the principal estates of the country amongst his vassals, he converted the English military tenures into a regular obligation, called knights' fees, which compelled each tenant in chief to have a certain number of knights, or horsemen, always ready to assert the rights of the crown, and to fight under its banner, in any cause. "We will,' says a law on this subject, yet extant, "that all the freemen of our kingdom possess their

* Chron. Sax. 57, 63; Malmsbury, &c.

lands in peace, free of all tollage and unjust exaction: that nothing be required or taken from them but their free service, which they owe to us of right, as has been appointed to them, and granted by us with hereditary right for ever, by the common council of our whole kingdom." "And we command that all earls, barons, knights, serjeants, and freemen, be always provided with horses and arms as they ought; and that they be always ready to perform to us their whole service, in manner as they owe it to us of right, for their fees and tenements, and as we have appointed to them by the common council of our whole kingdom, and as we have granted to them in fee a right of inheritance*." This free service required the due quota of horsemen, which each vassal was to furnish, to come, completely armed, on his requisition, and to be maintained under the royal command, at the charge of the party sending them, for forty days. Even the dignitaries of the church, and monastic bodies holding lands, were not exempt from this service.

*Wilk. Leg. 217, 228.

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Each tenant in chief subdivided his property into sub-vassalships, imposing a similar service, and carrying downwards all the obligations of homage, fealty, and personal attendance on all important occasions.

Out of such a system, that a favoured vassal should be selected to assert the personal right of the monarch to his throne, will appear very natural: it is only surprising that the violence and constant habit of appealing to the sword, in which this with the other feudal claims originated, should have left it to flow on in such an uninterrupted course

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of succession far more regular than the transmission of the crown it is supposed to defend.

The championship is connected also with a remarkable feature of ancient jurisprudence, the wager of battle, recently abolished. This was regarded as an appeal to the judgment of God; and succeeded, at the Conquest, the fires and other ordeals of our ancestors, which the Normans affected to despise. The reader, however, may be disposed to conjecture, that as much of the divine interposition might be expected to

decide the healing of a burn or scald, as the issue of a battle. The older custom was for the accused to plunge his hand into a cauldron of boiling water, and take out a stone or piece of iron of a given weight; the depth of the vessel being proportionate to the magnitude of the crime charged: or for him to seize, at the end of a religious service, a bar of iron placed on a fire at the beginning of the service, and run over a certain length of ground with it: the method in which the wounds healed, in either case, being the criterion of guilt or innocence.

The wager of battle was certainly of more splendid pretensions, and was introduced at first with these stipulations. If the opposite parties were countrymen, they were to follow their national customs, whatever they were; if the appellee were a foreigner, or of foreign descent, he might offer wager of battle, and on its being declined, purge himself by his own oath and that of his witnesses, according to the Norman law; or if a native of the country, he might have his choice of the trial by ordeal or by battle.

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