[295]. Except in his own case, where they were incurred, but not enforced. The story (found in great detail in Saxo-Grammaticus, book x.) seems exaggerated; but nevertheless it is easy to see that the strict application of the law to the king would have caused the destruction of the whole system. As they could not do without Cnut, and had no law whereby to judge him, save the one whose application in his case was impossible, they suffered him to assess his own penalty. He paid nine times the wergyld of the brother he had slain.
[296]. Cod. Dipl. No. 956. After the testimonies of the king, queen, archbishops, bishops, earls, and abbots, we have, “And on Esgáres stealres, and on Raulfes stealres, and on Lifinges stealres, and on ealra ðæs kynges húscarlan.” Then follow the subscriptions of chaplains and others.
[297]. But Wulfnoð a húscarl is mentioned, Cod. Dipl. No. 845, and Urk, a húscarl in No. 871, both as grantees. So again Þurstán húscarl, a holder of land in Middlesex. Cod. Dipl. No. 843.
[298]. Flor. Wig. an. 1041.
[299]. Cod. Dipl. No. 843.
[300]. Cod. Dipl. Nos. 746, 751, 762, 767.
[301]. Florence of Worcester, speaking of the revolt of the Northumbrians against their duke Tostig, in 1065, says: “Eodem die primitus illius Danicos húscarlas Amundum et Ravensueartum, de fuga retractos, extra civitatis muros, ac die sequente plus quam cc. viros ex curialibus illius in boreali parte Humbrae fluminis peremerunt.” an. 1065. One manuscript of the Saxon Chronicle thus relates these events: “And sona æfter ðison gegaderedon ða þegenas hi ealle on Eoforwícscyre ⁊ on Norðhymbralande togædere, ⁊ geútlagedan heora eorl Tosti, ⁊ ofslógon his hírédmenn ealle ðe hig mihten tócumen.” But another says: “Tostiges eorles húskarlas ðar ofslógon, ealle ða ðe hig geáxian mihton.” Hírédmen are familiares, those who live in the house, or form part of the house or family; and this seems the original and strict definition of the húscarl.
CHAPTER IV.
THE EALDORMAN OR DUKE.
It is of much less importance to a people, what its constitution is, than what is its administration; nothing can be easier than to make what are called charters, and it is a rhetorical commonplace to talk of resting under a constitution, the growth of ages: but no nation rests, or ever did rest, under the one or the other. The source of a nation’s comfort,—of its success in realizing the great principle of the mutual guarantee of peace, lies in the administration of what is called its constitution, in the skill with which it has devised its machinery of government, in the balance of power which it represents in the election of its instruments. We shall therefore pass now to the members of the Anglosaxon administration.
The dignity next in importance to the royal, is that of the Ealdorman or Duke.