Page:Archaeological Journal, Volume 5.djvu/33

Rh The first charter cited by Cowel is a grant of lands, "quietas ab omni hutilan," and of other land "quæ tantum hutilan reddit.' It is a grant of lands in Cornwall in the twelfth century, and is more correctly printed in Oliver's Monasticon, p. 37.

Another charter, cited by the same author from the Plympton register, contains a grant of four ferlings of land, rendering 4s. &c., and provides "quod si murdrum, danegeldis, vel quodlibet alium utibannum super manerium evencrit, de istis 4 solidis quicquid de utibannis super prædictos 4 ferlingos evenerit, acquietabitur."

The charter, referred to by Ducange, discharges certain lands from scutage, hydage, cavage (caruage?) cornage, summage, uthban, shires, hundreds, &c.

A charter of Robert Fitz William, printed in the Monasticon Exoniense, p. 39, purports to grant lands "solutas et quietas ab omni hutiban". . and "ab omni servitio et hutibanno."

Another charter, printed in the same work, p. 227, contains a grant in the twelfth century by Walter de Clavile, of three ferlings of land in Cadwell, Devon, free from all service "excepto hutiban."

There is also a charter by Robert de Cardinham of land in Cornwall, to hold "per legale servitium et hutiban, quando evenerit." It is printed in the appendix to vol. ii. of Domerham de Rebus gestis Glastoniensibus.

I have met with the same word in other charters, but the above will suffice as fair specimens of the use of it, and from them we may draw the following inferences:

1. It describes a charge upon land, or persons in respect of land.

2. The charge was, or might be, a casual, and not a permanent or regular one. This is indicated by the words "si evenerit," and "quando evenerit."

3. The Plympton charter shews that murdrum and danegeld both come under the description of utiban.

The etymon of the word itself, as well as the above examples of its use, seem to import a charge extrinsic and foreign to the relation existing between the donor and the grantee: something not dependent on the will of the grantor, and which required to be excepted out of a general grant of freedom from feudal obligations unless the donor intended to indemnify the favoured grantee from its operation.