Commentaries on the history, constitution, and chartered franchises of the City of London

Front matter

COMMENTARIES ON THE HISTORY, CONSTITUTION, AND CHARTERED FRANCHISES OF THE CITY OF LONDON. BY GEORGE NORTON, Esa. BARRISTER AT LAW ; ADVOCATE GENERAL OF MADRAS ; LATE ONE OF THE COMMON PLEADERS OF THE CITY OF LONDON. LONDON: HENRY BUTTERWORTH, LAW BOOKSELLER AND PUBLISHER, 7, FLEET STREET. 1829. " For that the restoring of the said mayor, commonalty, and citizens to their ancient liberties, of which they had been deprived, tends very much to the peace and good settlement of this kingdom, — " Be it enacted, That the mayor, and commonalty, and citizens of the City of London shall for ever hereafter remain, continue and be, a body corpo rate and politic, and shall enjoy all their rights, gifts, charters, grants, liberties, privileges, franchises, customs, &c. &c." Stat. 2nd William & Mary, sess. 1. cap. 8. reversing the quo warranto judgement of Charles II.

" To treat of the great and notable franchises, liberties, and customs of the City of London, would require a whole volume of itself." — Coke's 4th Inst. LONDON: PRINTED BY RICHARD TAYLOR, RED LION COURT, FLEET-STREET. '> TO THE RIGHT HON. WILLIAM THOMPSON, M.P. LORD MAYOR, THE ALDERMEN, AND COURT OF COMMON COUNCIL OF THE CITY OF LONDON; THIS ATTEMPT TO ELUCIDATE THE HISTORY AND CONSTITUTION, TO EXPLAIN THE CHARTERED FRANCHISES, AND TO ESTABLISH THE CORPORATE RIGHTS OF THEIR ANCIENT CITY, IS, IN RECOLLECTION OF OBLIGATIONS FORMERLY RECEIVED, GRATEFULLY INSCRIBED BY THEIR FELLOW CITIZEN AND OBEDIENT SERVANT THE AUTHOR.

Preface

. THERE are few subjects in English History more involved in obscurity than the original constitution and progressive condition of cities and boroughs. A theme of such national importance has by turns exercised the pens of legal, of statistical, of political, and of historical writers; but although their labours, and particularly those of Madox and Spelman, have scattered much light over its darker topics, yet the public have still to regret the want of a connected and systematic treatise comprehending the whole of the subject. Those authors who have pursued their inquiries with so much industry as to advance theories, may be said rather to have raised controversies than to have established principles: and no positions have been more confidently disputed of late years, than those regarding the origin and mercantile quality of town communities, propounded by Dr. Brady in his elaborate treatise on Boroughs.

It may readily be imagined that the City of Lon don, the most ancient constitutional borough in England, — which has preserved its ancient Saxon independence, and its political and judicial customs VI

PREFACE.

. inviolate; which has constantly exercised such a decided influence in the state, and always maintained an internal self-jurisdiction; which has been the very cradle of civil liberty and civilization in this country, — would have furnished the best ma terials for the work, if not the best writer upon a topic of such universal interest; that it would at least have presented to the public a compendious account of its own privileges and of the nature of its own constitution, by which that of other cities might have been greatly illustrated. Materials, indeed,, of great antiquity and peculiar value the City possesses amongst its records, and sufficient for the substantiation of all its legal rights : but amongst all the eminent characters engaged in the higher and literary professions to whom the City has given birth, or the Corporation a liveli hood, not one has, except in a very superficial de gree, devoted himself to this task; and of all the writers on civic affairs in general, the most learned in London antiquities was a tailor*.

The author of the following work attained, at an early period of life, an office in the City of London, which imposed, as a professional duty, the obliga tion of some acquaintance with its laws and customs. In his anxious endeavour to acquire that * Stow, the author of the " Survey of London." Subsequent editors, however, and more particularly Strype, have supplied the greatest part of the legal matter of the work.

PREFACE.

. VII information from which alone all the value of his services to the Corporation could be derived, he very soon found reason to lament the absence of any work calculated even to direct his studies, much less to explain the object of them. The older chroniclers, to whom the ancient constitution and customs of London were the most familiar, have expended all the. energies of their labour and of their intellect in the description of churches, tomb-stones, and civic pageantry ; and modern historians have done little more than extend their researches over the same surface. The professed expositors, both ancient and modern, of the polity, the chartered franchises, the privileges of the City, and the laws and practice of the civic courts, are very few in number ; most of them anonymous, who quote one from another, without acknowledgement, a dry list of charters, customs, and decisions, Which, so far from attempting to explain, their very phraseology proves them not to have understood.

In the mean time a host of controversial pamphleteers have virulently disputed on some of the more constitutional and essential characteristics of the citizens and of the civic community ; until, at times, the authority of the legislature, or of a su perior court of law, — both more ignorant, perhaps, than either party, of the true nature of the rights under contest, — has by some enactment or absolute decision swept, many of them altogether away. In

PREFACE.

. short, such is the perplexity which the alterations of times and circumstances, and changes in practice have introduced ; so contradictory are the writers on isolated topics ; so widely dispersed, or so difficult of access, the genuine authorities from which information is to be derived, and so utterly barren the treatises of those who have pretended to collect them, — that to obtain a clear aud accurate know ledge of the City law has been declared by one *, the most capable perhaps of any man now living to form an opinion on the subject, to be a task likely to baffle the most enterprising industry and the most matured reflection. The writer of these pages, however, had not proceeded far in his investigation of the subject, when he felt that it possessed an interest sufficient to reward amply the curiosity both of the learned and the unlearned, and meriting the considera tion as well of the Englishman as of the citi zen.

While the nature of that civic constitution, under which London from its humble origin has emerged the metropolis of England, could not fail * William Bolland, Esq., who has been for more than twenty years one of the City Counsel, and who at an early period of his professional career, and before other increasing duties com. manded his avocations, made laborious collections on the law administered in the City Courts; for the free perusal of which, the author has to testify to that gentleman the sincere acknow ledgements of a friend.

PREFACE.

. IX to supply an attractive source of reflection to the general reader, inquisitive in all that deeply con cerns the history of his country, or warm in his attachment to the free principles of its govern ment ; the peculiar quality and purport of the City charters and laws could not but excite some attention amongst the more enlightened of that immense population who live and thrive under their administration. Avoiding the investigation of the more obsolete customs of the City, now deservedly lapsed into desuetude;, the first topic appeared to the author capable of great elucidation ; the other, of a systematic exposition. Of the internal civic polity he conceived, that it not only presented an epitome of the original Saxon system of free government in this country ; but embodying with the most com plete and beneficial practical effect the principles of self-government, it exemplified in the composi tion of its deliberative and executive assemblies, in the free election of all its magistrates, in the minute subdivisions of delegated authority, in the extent and quality of the elective franchise, — the best as well as the purest model of a free repre senting and representative community which can exist under a limited monarchy.

Of the law, as administered in the City courts, his experience in them induced him to think that it evinced a simple and effectual medium, through which, amidst a vast and concentrated population of traders; cheap,

PREFACE.

. X prompt, and pure justice was afforded to suitors, valuable in proportion to the accumulated intricacy and expense in other departments of the English law. Considerable intercourse with the citizens of all classes has served to confirm these sentiments. And now that all personal interest in the prosperity of the civic community, save that which may arise from a general regard for the welfare of his country at large, has long ceased, while his acquaintance with the rights of the London citizens has perhaps increased, his opinion remains unchanged. Actuated by these impressions, he began to de dicate the leisure which professional engagements would allow, to the task of collecting and digest ing the materials to which he has adverted, with a view to compile a treatise, confining its subject to the rise, progress, and present constitution of the Corporation of London, and to an exposition of the law and practice of the City courts.

In the prosecution of this design, it was his original intention, after giving some historical account of the City, and examining the tenor of its charters, to have pursued his undertaking systematically, by displaying the quality of the free citizens and of their elective franchises, the appointment and func tions of the various civic magistrates and chief officers, and the composition and powers of the constitutional assemblies of the Court of Aldermen, the Court of Common Council, and the Hustings

PREFACE.

. XI Court of Common Hall. In treating of the civic law he would have examined into the nature and juris diction of the many City law Courts ; as the Hust ings Court, the Lord Mayor's Court, the Sheriff's Courts, the Court of Conservacy, the Orphans' Court, the Chamberlain's Court for apprentices, and the Appeal Court of St. Martin's Le Grand : and, in adverting to the exercise of the various legal functions of these Courts, it would have been incumbent on him to notice many City customs still in practical operation ; more particularly the law of foreign attachment, so peculiarly productive of beneficial results in a mercantile community. If he was encouraged in this attempt by a sincere ambition to render at least some service to his fellow citizens, if not valuable information to the public at large, his zeal was not less sanctioned by the example of many great and learned characters, whose projected efforts in the same undertaking would no doubt have been crowned with success, had not more important duties intervened to direct their public labours in a different channel*.

Whatever objects in succeeding or hopes of success the author may have conceived in the full accomplishment of his original design, they have been suddenly extinguished by a change in his cir- * Lord Coke and Mr. Calthrop (both Recorders of London,) edited superficial and short dissertations on City Law ; and the former almost in terms recommends a more detailed work on the

PREFACE.

. XII yond the legitimate bounds of digression, some topics which have appeared to be of more than or dinary interest, have been canvassed at somewhat greater length, perhaps, than the occasion would seem naturally to suggest. To the learned reader the author feels that he has little occasion to appeal, either for a calm and deliberate consideration of those positions he may be disposed to dispute, or for a candid allowance for those errors which may be pronounced unavoidable, in a work embracing so many obscure and intricate points. His liberality will induce him to confess, that, upon subjects from which, shrouded as they are in the darkness of antiquity, many able men have shrunk with dismay, and over which learned disputants have struggled with all the honest warmth of mutual conviction, he might himself draw a mistaken conclusion.

Nor can the author better vindicate his sincere purpose of communicating in formation rather than party zeal, and of establishing truth rather than theory, than by scrupulously re ferring those who may correct him, to the sources and authorities of almost every fact he advances. It is true, that the authorities quoted may not al ways be exactly precise to the point submitted ; sometimes the combination of many are relied upon, and sometimes the general discussion of one, as justifying the resulting position. Such a course is occasionally unavoidable in weaving a

PREFACE.

. XIII multifarious subject into a connected narrative ; and the reader may be reminded that Gibbon remarks "how much particular knowledge is requi site for general description, the author of which ought to be much more learned than his work*." But if too little caution or discrimination is some times evinced in drawing these inferences, at least the means are honestly furnished by which the public may be undeceived. A desire to render these pages attractive to the general reader, has induced the introduction of some matter which would hardly be sanctioned in a work strictly of a legal character, and perhaps a more decisive style in the historical part than the nature even of that part of the subject would war rant. The statement of some simple and notorious truths, in history or in law, the learned inquirer, should he deign to direct his eye through these pages, will pass over with indulgence ; remembering that what is needless information to him, may form valuable knowledge to others.

On the other hand, the more general reader, whose instruction is as much sought as his amusement, may readily excuse the apparent parade of learning which disfigures each sheet; in the recollection that, wherever popu lar rights or historical facts are discussed, the only * Introductory letter to " The Antiquities of the House of Brunswick."

PREFACE.

. XIV knowledge, which can be either useful or satis factory, is that which can be traced to its source. The author has but few acknowledgements to make for assistance afforded him ; his most valuable acquisitions having been derived from the patient industry of one individual, by whom the public ex pression of his gratitude is not looked for as a re compense. But having already alluded to the kind assistance of Mr. Bolland, he is still less disposed to repress the testimonials of a sincere friend to the ready zeal and cheerful exertions of the City Soli citor, William Lewis Newman, Esq., in communi cating from the wealthy stores both of his library and his own mind, and in collecting with critical judgement for his service, many of the scarcer ma terials of this work. By his friends the late Town Clerk, Henry Woodthorpe, Esq., and the present Town Clerk, Henry Woodthorpe, Esq. LL.D. the author has been placed under similar obliga tions; and he has lately availed himself of some ju dicious hints with which he has been favoured by a distinguished prelate *, recently deceased, whose literary reputation cannot be advanced by a more particular mention of him on this occasion. * Bishop Heber Edit.

ADVERTISEMENT.

. In the performance of the duty I have under taken as the Editor of this Volume, I have found it necessary to make many alterations and cor rections in the original manuscript ; principally occasioned by an erroneous construction of some parts of the Law of the Corporation, which most probably had not been under the consideration of the Author as one of the Common Pleaders of the City of London. The alterations and corrections in the text and notes are not further noticed, and have been made as nearly as possible in accord ance with the Author's original plan. A few ad ditional notes are distinguished as having been in serted by the Editor. The talent and research displayed by the Author in this work, as well as the important historical and legal information contained in it, will be most highly appreciated by those who are best acquainted with the subjects on which it treats. EDWARD TYRRELL, Guildhall, London. 15th Sept. 1829. Deputy Remembrancer. I- CONTENTS.

Book I. Historical Account Of The Rise And Pro- Gress Of The

CITY OF LONDON. Chapter Page I. Of the earliest Foundation of the City 1 1 II. From the first Occupation of the City of London by the Romans, to the Period of their final Retirement 9 III. From the Invasion of the Saxons to the Death of Alfred the Great 18 IV. From the Reign of Athelstan to the Norman Invasion 28 V. Internal Constitution of London at the Norman Invasion 39 VI. Survey of the Changes introduced into the Laws and Government of England by the Conqueror. — Of the Establishment of the Feudal System. — Of the Privileges of the Citizens, which consisted in an exemption from the effects of these changes 53 VII. From the Norman Conquest to the Accession of Richard 1 72 VIII. From the Accession of Richard I. to that of Henry III 85 IX. Survey of the reign of Henry III 93 X. From the Accession of Edward I. to that of Edward III 101 b CONTENTS.

XVIII Chapter PaSe XI, Account of the Original Qualifications of the Free Citizens, and of the First Establishment of the Mercantile Quality of the Civic Corporation 120 XII. Survey of the Reign of Edward III 143 XIII. From the Accession of Richard II. to that of Henry VI 152 XIV. From the Accession of Henry VI. to that of Henry VII 162 XV. From the Accession of Henry VII. to that of Henry VIII 173 XVI. From the Accession of Henry VIII. to that of Elizabeth. — Of the Civic Processions and Pageants. — Of the interior Condition, Population, Style of Building and Manner of Living within the City 178 XVII. Survey of the Reign of Elizabeth 200 XVIII. Review of the Progress of Trade in the City ; comprising an Inquiry into the Nature and Effect of the Exclusive Privileges of the Citizens 209 XIX.

From the Accession of James I. to that of Charles II 261 XX. Survey of the Reign of Charles II. — History of the Seizure of the City Franchises by virtue of a Writ of Quo Warranto 289 XXI. From the Accession of James II. to the present Period 312 i

Book II. Of The Charters Of London

I. Charter of William the Conqueror 321 The Portreve 325 The Borough Barons CONTENTS. XIX Chapter Page Citizens to be Law-worthy 333 Right of Heirship 335 II. Charter of Henry 1 337 Holding Middlesex to farm 338 Citizens to appoint their own Justiciar .... 342 Not to plead without the Walls 351 Exemption from Scot 356 Exemption from Danegeld 359 Exemption from Murder 359 Exemption from Waging Battle 360 Purgation in Criminal Pleas 361 Lodgings for the King's Household 363 Exemption from Toll, Passage, and Lestage 364 Of the City Socs 366 Amerciaments and Weres 370 Miskennings at the Hustings 373 Attachments for illegal Toll-taking, and for Debts 377 III. Charter of Henry II 382 Pleas of Foreign Tenures 383 The King's Moneyers 383 Portsoken of the City 384 Bridtoll 385 Childwite 385 Jeresgive 385 Scotale 386 IV.

First Charter of Richard 1 387 V. Second Charter of Richard 1 388 Wears in the Thames 388 VI. First Charter of John 389 VII. Second Charter of John 390 Sheriffwick 391 Blank Money 391 Removal of Sheriffs 391 Presentation of Sheriffs 397 Sheriffs' Accounts 398 Sheriffs' Amerciaments CONTENTS. XX Chapter Fage VIII. Third Charter of John 399 IX. Fourth Charter of John 399 Weavers' Gild expelled 399 X. Fifth Charter of John 402 Grant of the Mayoralty 402 Presentation of the Mayor 404 Chamberlainship reserved 406 XI. First Charter of Henry III 407 XII. Second Charter of Henry III 407 XIII. Third Charter of Henry III 407 XIV. Fourth Charter of Henry III 408 XV. Fifth Charter of Henry III 408 Warren of Staines 408 XVI. Sixth Charter of Henry III 410 Grant of Queenhithe 410 XVII. Seventh Charter of Henry III 413 Liberty of St. Paul's 413 XVIII.

Eighth Charter of Henry III 415 XIX. Ninth Charter of Henry III 416 Pleading without the Walls 418 Swearing on Graves 419 Prisage of Wine 42 1 Making Attorneys 421 Inrolment of Debts 422 XX. First Charter of Edward 1 42G Presentation of Mayor and Sheriffs 426 XXI. Second Charter of Edward 1 427 XXII. First Charter of Edward II 428 Articles of the Citizens 428 XXIII. Second Charter of Edward II 443 XXIV. First Charter of Edward III 444 Infangtheft and Outfangtheft 447 Bequeathing in Mortmain 449 Amerciaments for Escapes 453 Sanctuaries 455 Clerks of the Market 437 Mayor to be Escheator CONTENTS. XXI Chapter Page Exemption from Prises < 460 Recording Charters 462 Taxation of the Citizens 463 Trading by King's Officers 463 Citizens' Lands without the City, liable for their own official defaults 464 Inquisitions at St. Martin's Le Grand 465 XXV.

Second Charter of Edward III 468 Grant of Southwark 468 XXVI. Third Charter of Edward III 468 Exclusive Trade 468 XXVII. Fourth Charter of Edward III 470 Bye Laws 470 XXVIII. Fifth Charter of Edward III 471 City Maces 471 XXIX. First Charter of Richard II 473 King's Protections 476 XXX. Second Charter of Richard II 478 XXXI. First Charter of Henry IV 479 Custody of City Gates. — Tolls of Markets. . 479 XXXII. Second Charter of Henry IV 480 Merchant Strangers 480 XXXIII. First and Second Charters of Henry V 480 XXXIV. Charter of Henry VI 481 Purprestures 481 XXXV. First Charter of Edward IV 482 Certifying City Customs 485 XXXVI. Second Charter of Edward IV 487 Tronage 487 XXXVII. Third Charter of Edward IV 490 Purchasing in Mortmain 490 XXXVIII. Fourth Charter of Edward IV 492 Scavage 493 Package, Picking, &c 495 XXXIX.

Charter of Henry VII 497 Merchant Strangers. — Ganger 497 XL. First Charter of Henry VIII CONTENTS. XXII Chapter Pa8e Tronage 498 XLI. Second Charter of Henry VIII 498 Inquisitions at Guildhall 498 XLII. Third Charter of Henry VIII 498 Tronage 498 XLIII. Charter of Edward VI 500 Borough of Southwark 500 XLIV. First Charter of James 1 505 Conservacy of the Thames 506 Office of Measurer 507 Orphans' Duty on Coals 508 XLV. Second Charter of James 1 513 Dukes Place, Great and Little St. Bartholomews, Blackfriars and Whitefriars .... 514 XLVI. Third Charter of James 1 515 Metage of Coals 515 XLVII. First Charter of Charles 1 516 Moorfields. — Markets 519 XL VIII. Second Charter of Charles 1 525 Scavage and Waterbaillage 527 XLIX. Charter of Charles II 529 L. Charters ofWilliam and Mary, and of George II. 530 Dissertation on the Population of London 531 ERRATA.

Page 71, lines 10 and 11, for town clerk, read chamberlain. 359, line 1,/or Daneguilt, read Danegeld. 447, for chap. 22, read chap. 24. 497, line 8,for VIII. read COMMENTARIES ON LONDON.

BOOK I. HISTORICAL ACCOUNT OF THE RISE AND PROGRESS OF THE CITY

OF LONDON.

Chapter I

Of the earliest Foundation of the City. X HE natural interest which all feel in tracing the history of the place they inhabit, or with which they may be otherwise intimately connected, — an interest which rather increases than diminishes in proportion as the sphere within which it operates becomes contracted, — would in itself, perhaps, be a rational and sufficient inducement to preface a treatise upon a topic so local as the elucidation of the Constitution and Privileges of the City of London, with some account of its origin and progress. It will, however, upon reflection, presently suggest itself, that a due comprehension of its laws and customs, as well as of the civic government in ge- B [Book I. 2 Historical Account of London. neral, must greatly depend on a competent acquaintance with the history of the times in which they originated, and of the manners of the age which gave rise to, and serve to illustrate them.

A dissertation of this nature, therefore, becomes not only apposite, in deference to common feelings of curiosity, but even necessary for the purposes of the present undertaking. Many of the ancient privileges and customs of London, being no longer applicable to the present state of society, are continually liable to be misunderstood : many commer cial rights, though highly prized in former times, and still valuable, have, through the gradual changes in mercantile intercourse, sunk into disregard, and are in danger of being for ever lost ; and much of that power and authority anciently exercised, both in a judicial and ministerial capacity by the superior members of the Corporation, has, through the alteration of times and circumstances, naturally become subject to doubt or mis construction.

Difficulties of this kind can only be removed by directing our attention to those passing events, and that state of things, by which all laws and rights are influenced ; and such attention becomes the more requisite, according as the laws and customs inquired into have a more peculiar and limited import. The many ample and laborious works which have been already devoted to this subject, might seem, per haps, to render an attempt of this nature superfluous : nor can there be any doubt, that whoever is curious to inquire into all the public events in detail con nected with the history of the city of London, may gra tify his wishes to the fullest indulgence by resorting to those volumes. It will nevertheless be seen upon examination, that, in all the accounts of London which Chap. 1.] Historical Account os London. 3 have hitherto appeared, the writers have, for the most part, contented themselves with a minute, though very superficial, statement of historical facts and particu lars ; but have altogether withdrawn from the more difficult and uninviting task of inquiring into, and ex plaining, the progressive state of the civic government and constitution, and the relative condition of the city with respect to the rest of the kingdom.

Consequently, for want of such illustration, much of their narration becomes barren and unsatisfactory ; and, in many of those particulars which concern the ancient and present rights and privileges of the citizens, impossible to be properly comprehended. In this undertaking, therefore, it will be attempted to supply such deficiency, by deducing a history of the legal constitution and government of the city of London, rather than to record those casual events, which, however interesting as connected with it, are foreign from the purposes and object of the present work. Towards the accomplishment of this design, much reference must necessarily be made to the political history of the nation at large ; but in so doing, every caution will be observed in introducing no more of it than will serve to explain, or at least throw light upon, the peculiar civic history of London.

In taking this brief retrospect into the history of London, we shall purposely abstain from more than al luding to those strange accounts of the remote origin and antiquity of that city, — fables which are now.generally and justly deemed of comparatively modern fabri cation. The secret, and perhaps unconscious, desire of flattering the propensity in human nature to venerate antiquity, has prompted many, and particularly the more ancient authors of English history, in treating upon a b2 favourite topic, to strain arguments beyond the limits of conjecture, and even to indulge in the most absurd inventions, for the sake of assigning a very early period to the establishment of the British polity and seat of government. Thus Geoffrey of Monmouth, as he is called, a monk who wrote in the 12th century, ascribes, on the authority of an ancient British manuscript, the foundation of the city of London to Brute, a descendant of Æneas, who migrated to this country, according to his relation, about half a century after the destruction of Troy: and he reckons from him seventy kings, who reigned successively before the arrival of Julius Cæsar.

The reveries of this chronicler seem to have been adopted by several of our early historians ; and they gained so much credit with our unlettered ancestors, that they have been with difficulty exploded in later and more civilized ages *. Even the accurate and learned Coke, indulging the bias of his veneration for the antiquity of the Common Law of England, quotes this account of the colonization of England with respect; and la bours strenuously to prove its laws and customs to be of Grecian origin t. We cannot but wonder, however, by what means it has escaped the recollection of those * Geoffrey's account of the foundation of London is inserted by way of preface in a book belonging to the City of London, denominated " Liber Home," from the name of the Chamberlain who compiled it; which book is a compilation of all the laws and customs of the city of London, written in the reign of Edward II. ; and the same account was even pleaded as good authority in point of law in the reign of Henry VI., as may be seen in the Tower Records — Vide Lib. jilbus, an old book of copied records in the Town Clerk's Office.

Bishop Gibson, the editor of Camden's Britannia, endeavours to support the credit of Geoffrey and his work. — Camden's Brit. 1772. vol. i. p. 5. t Lord Coke's Preface to the Third Part of his Reports. Chap. 1.] Historical Account of London. 5 who have adopted or acquiesced in the notion of the settlement of Brute in this island, that the ancient Britons were ignorant of letters till long after Cæsar's invasion : so that any legend deducing the history of the country, which could have been composed, even at the very earliest period at which letters became known, must have been compiled out of an immense mass of tra ditions transmitted orally through a series of at least twelve hundred years. Allowing also the real existence of the British manuscript, from which Geoffrey, as he professes, translated his history, it may be safely averred that there has been no other work yet discovered of a prior date referring to the British dynasty before the Roman incursion.