PART I
: 1000-1485
SECTION I
THE EARLY ENGLISH MANOR AND BOROUGH
1. Rights and Duties of All Persons [_Rectitudines singularum personarum_], _c._ 1000--2. The form of the Domesday Inquest, 1086--3. The borough of Dover, 1086--4. The borough of Norwich, 1086--5. The borough of Wallingford, 1086--6. The customs of Berkshire, 1086--7. Land of the Church of Worcester, 1086--8. The manor of Rockland, 1086--9. The manor of Halesowen, 1086--10. The manor of Havering, 1086.
The task of reconstructing the economic life of Saxon England is not easy, and while the document translated below (No. 1) vividly analyses the obligations and rights of the various classes of tenants and officers on Saxon estates of the eleventh century, it raises many difficulties and is probably only true for the more settled parts of the country. It affords, however, clear proof of a high agricultural and social development; and though the exact significance of specific terms, and the status of different classes, may remain obscure, a comparison of the _Rectitudines_ and the _Gerefa_[2] with later extents and custumals, and with Domesday Book itself, establishes the essential continuity of English economic life and customs, notwithstanding the shock of the Norman Conquest.
The further study of Domesday Book will undoubtedly yield valuable results supplementing the information derived from Saxon documents. While it is primarily a supreme example of the defining spirit and centralising energy of the conquering race, it is also a permanent record of England before and at the time of the Norman invasion. Especially, perhaps, is this apparent in the detailed descriptions of the boroughs, which at once set forth Saxon customs and illustrate the effects of the Conquest. The extracts given below are intended to show in brief, first, the methods both of the commissioners who conducted the survey, and of the officials who reduced the information to a common form;[3] second, the fiscal preoccupation of the government; third, the origin and character of the early borough, especially manifest in the case of Wallingford (No. 5), and fourth, the different classes of tenants, free and unfree. Of particular interest are the following features: the manner of levying the feudal army (No. 6), the evidence of the looser organisation of the Eastern Counties, and the greater degree of freedom prevailing among tenants in the Danelaw (Nos. 4 and 8), the ample franchises that might be enjoyed by a great Saxon prelate (No. 7), the saltpans of Worcestershire (No. 9), and the gildhall of the burgesses of Dover (No. 3).
AUTHORITIES
The more accessible writers dealing with the subject of this section are:--Kemble, _The Saxons in England_; Maine, _Village Communities in the East and West_; Seebohm, _The English Village Community_; Vinogradoff, _Villeinage in England_, _The Growth of the Manor_, and, _English Society in the Eleventh Century_; Andrews, _The Old English Manor_; Maitland, _Domesday Book and Beyond_; Pollock and Maitland, _History of English Law_; Ballard, _The Domesday Boroughs_, and, _The Domesday Inquest_; Round, _Domesday Studies_, and, _The Domesday Manor_ (Eng. Hist. Rev. xv.); Stubbs, _Constitutional History_, and, _Lectures on Mediæval History_; Ellis, _Introduction to Domesday Book_; Gomme, _The Village Community_; de Coulanges, _Origin of Property in Land_; Freeman, _The History of the Norman Conquest of England_; Petit Dutaillis, _Studies Supplementary to Stubbs' Constitutional History_.
Almost the whole of Domesday Book has now been translated and is printed county by county in the Victoria County History series.
For a general survey of the Saxon period the student should refer to Cunningham, _Growth of English Industry and Commerce, Mediæval Times_, pp. 28-133.
1. RIGHTS AND DUTIES OF ALL Persons [_Rectitudines Singularum Personarum_. _Cambridge_, _Corpus Christi_, 383], c. 1000.
_The Thegn's Law._--The thegn's law is that he be worthy of his book-right,[4] and that he do three things for his land, fyrdfare,[5] burhbote[6] and bridge-work. Also from many lands a greater land-service arises at the king's command, such as the deer-hedge at the king's abode and provision of warships (_scorp to fyrdscipe_)[7] and sea-ward and head-ward[8] and fyrd-ward, almsfee and churchscot, and many other diverse things.
_The Geneat's Service._--Geneat-service is diverse according to the custom of the estate. On some he must pay land-gafol[9] and grass-swine[10] yearly, and ride and carry and lead loads, work, and feast the lord, and reap and mow and cut the deer-hedge and maintain it, build and hedge the burh,[11] bring strange wayfarers to the tun, pay churchscot and almsfee, keep head-ward and horse-ward, go errands far and near whithersoever he be told.
_The Cotter's Service._--The cotter's service is according to the custom of the estate. On some he must work for his lord each Monday throughout the year and for three days each week in harvest. On some he works through the whole harvest every day and reaps an acre of oats for a day's work, and he shall have his sheaf which the reeve or lord's servant will give him.[12] He ought not to pay land-gafol. It bents him to have 5 acres; more, if it be the custom of the estate; and if it be less, it is too little, because his work shall be oft required; he shall pay his hearth-penny on Holy Thursday, as all free men should; and he shall defend his lord's inland,[13] if he be required, from sea-ward and the king's deer-hedge and from such things as befit his degree; and he shall pay his churchscot at Martinmas.
_The Gebur's Services._--The gebur's services are diverse, in come places heavy, in others moderate; on some estates he must work two days at week-work at such work as is bidden him every week throughout the year, and in harvest three days at week-work, and from Candlemas[14] to Easter three. If he do carrying, he need not work while his horse is out. He must pay on Michaelmas[15] Day 10 gafol-pence, and on Martinmas[16] Day 23 sesters of barley and two henfowls, at Easter a young sheep or two pence; and from Martinmas to Easter he must lie at the lord's fold as often as his turn comes; and from the time of the first ploughing to Martinmas he must plough an acre every week and himself fetch the seed in the lord's barn; also 3 acres at boonwork and 2 for grass-earth[17]; if he need more grass, he shall earn it as he shall be allowed; for his gafol-earth he shall plough 3 acres[18] and sow it from his own barn; and he shall pay his hearth-penny; two and two they shall feed a hunting-hound; and every gebur shall pay 6 loaves to the lord's swineherd when he drives his herd to mast. On the same lands where the above customs hold good, it belongs to the gebur that he be given for his land-stock[19] 2 oxen and 1 cow and 6 sheep and 7 acres sown on his yardland; wherefore after that year he shall do all the customs that befit him; and he shall be given tools for his work and vessels for his house. When death befals him, his lord shall take back the things which he leaves.
This land-law holds good on some lands, but, as I have said before, in some places it is heavier, in others lighter, for all land-customs are not alike. On some lands the gebur must pay honey-gafol, on some meat-gafol, on some ale-gafol. Let him who keeps the shire take heed that he knows what are the ancient uses of the land and what the custom of the people.
_Of those who keep the Bees._--It belongs to the bee-churl, if he keep the gafol-hives, that he give as is customary on the estate. Among us it is customary that he give 5 sesters of honey for gafol; on some estates more gafol is wont to be rendered. Also he must be oft ready for many works at the lord's will, besides boon-ploughing and bedrips[20] and meadow-mowing; and if he be well landed[21], he must have a horse that he may lend it to the lord for carrying or drive it himself whithersoever he be told; and many things a man so placed must do; I cannot now tell all. When death befals him, the lord shall have back the things which he leaves, save what is free.
_Of the Swineherd._--It belongs to the gafol-paying swineherd that he give of his slaughter according to the custom of the estate. On many estates the custom is that he give every year 15 swine for sticking, 10 old and 5 young, and have himself what he breeds beyond that. To many estates a heavier swine-service belongs. Let the swineherd take heed also that after sticking he prepare and singe well his slaughtered swine; then is he right worthy of the entrails, and, as I said before of the bee-keeper, he must be oft ready for any work, and have a horse for his lord's need. The unfree swineherd and the unfree bee-keeper, after death, shall be worthy of one same law.
_Of the Serf-Swineherd._--To the serf swineherd who keeps the inherd[22] belong a sucking-pig from the sty and the entrails when he has prepared bacon, and further the customs which befit the unfree.
_Of Men's Board_.--To a bondservant (_esne_) belong for board 12 pounds of good corn and 2 sheep-carcases and a good meat-cow, and wood, according to the custom of the estate.
_Of Women's Board._--To unfree women belong 8 pounds of corn for food, one sheep or 3d. for winter fare, one sester of beans for Lent fare, in summer whey or 1d.
To all serfs belong a mid-Winter feast and an Easter feast, a ploughacre[23] and a harvest handful,[24] besides their needful dues.
_Of Followers._[25]--It belongs to the follower that in 12 months he earn two acres, the one sown and the other unsown; he shall sow them himself, and his board and provision of shoes and gloves belong to him; if he may earn more, it shall be to his own behoof.
_Of the Sower._--It belongs to the sower that he have a basketful of every kind of seed when he have well sown each sowing throughout the year.
_Of the Ox-herd._--The ox-herd may pasture 2 oxen or more with the lord's herd in the common pastures by witness of his ealdorman[26]; and thereby may earn shoes and gloves for himself; and his meat-cow may go with the lord's oxen.
_Of the Cow-herd._--It belongs to the cow-herd that he have an old cow's milk for seven days after she has newly calved, and the beestings[27] for fourteen nights; and his meat-cow shall go with the lord's cow.
_Of Sheep-herds._--The sheep-herd's right is that he have 12 nights' manure at mid-Winter and 1 lamb of the year's increase, and the fleece of 1 bellwether and the milk of his flock for seven nights after the equinox and a bowlful of whey or buttermilk all the summer.
_Of the Goat-herd._--To the goat-herd belongs his herd's milk after Martinmas Day and before that his share of whey and one kid of the year's increase, if he have well cared for his herd.
_Of the Cheese-maker._--To the cheese-maker belong 100 cheeses, and that she make butter of the wring-whey[28] for the lord's table; and she shall have for herself all the buttermilk save the herd's share.
_Of the Barn-keeper._--To the barn-keeper belong the corn-droppings in harvest at the barn-door, if his ealdorman give it him and he faithfully earn it.
_Of the Beadle._--It belongs to the beadle that for his office he be freeer from work than another man, for that he must be oft ready; also to him belongs a strip of land for his toil.
_Of the Woodward._--To the woodward belongs every windfall-tree.
_Of the Hayward._--To the hayward it belongs that his toil be rewarded with land at the ends of the fields that lie by the pasture meadow; for he may expect that if he first neglects this, to his charge will be laid damage to the crops; and if a strip of land be allowed to him, this shall be by folk-right next the pasture meadow, for that if out of sloth he neglect his lord, his own land shall not be well defended, if it be found so; but if he defend well all that he shall hold, then shall he be right worthy of a good reward.
Land-laws are diverse, as I said before, nor do we fix for all places these customs that we have before spoken of, but we shew forth what is accustomed there where it is known to us; if we learn aught better, that will we gladly cherish and keep, according to the customs of the place where we shall then dwell; for gladly should he learn the law among the people, who wishes not himself to lose honour in the country. Folk-customs are many; in some places there belong to the people winter-feast, Easter-feast, boon-feast for harvest, a drinking feast for ploughing, rick-meat,[29] mowing reward, a wainstick at wood-loading, a stack-cup[30] at corn-loading, and many things that I cannot number. But this is a reminder for men, yea, all that I have set forth above.[31]
[Footnote 2: _See_ Cunningham, _Growth of English Industry and Commerce_, i., 570-576.]
[Footnote 3: _cf._ _Dialogus de Scaccario_: "Finally, that nothing might be thought lacking, he brought the whole of his far-seeing measures to completion by despatching from his side his wisest men in circuit throughout the realm. The latter made a careful survey of the whole land, in woods and pastures and meadows and arable lands also, which was reduced to a common phraseology and compiled into a book, that every man might be content with his own right and not encroach with impunity on that of another."]
[Footnote 4: The right conferred by his book or charter.]
[Footnote 5: Military service.]
[Footnote 6: Repair of the king's castles or boroughs.]
[Footnote 7: Reading with Leo _fyrdscipe_ for _frithscipe_. For the difficult word "_scorp_" cf. Pat. 9 John m. 3. _Rex omnibus scurmannis et marinellis et mercatoribus Anglie per mare itinerantibus. Sciatis nos misisse Alanum ... et alios fideles nostros scurimannos ... ad omnes naves quas invenerint per mare arrestandas._]
[Footnote 8: Guard of the king's person.]
[Footnote 9: Rent or tribute. Gafol is sometimes a tax payable to the king, and sometimes a rent or dues payable to the lord.]
[Footnote 10: Payment for pasturing swine.]
[Footnote 11: The lord's house.]
[Footnote 12: This clause appears only in the Latin version.]
[Footnote 13: _i.e._, Acquit his lord's inland or demesne.]
[Footnote 14: February 2.]
[Footnote 15: September 29.]
[Footnote 16: November 11.]
[Footnote 17: Pasture-land.]
[Footnote 18: _i.e._, He must plough 3 acres as his rent (gafol).]
[Footnote 19: Outfit.]
[Footnote 20: Reaping at the lord's command.]
[Footnote 21: If he have good land, good, that is, either in quality or quantity or both.]
[Footnote 22: The lord's herd.]
[Footnote 23: An acre for ploughing.]
[Footnote 24: A sheaf from each acre in harvest.]
[Footnote 25: A free but landless retainer.]
[Footnote 26: The reeve (gerefa).]
[Footnote 27: The first milk of a milch-cow after calving.]
[Footnote 28: The residue after the last pressing of the cheese.]
2. THE FORM OF THE DOMESDAY INQUEST [_Inquisitio Eliensis, Domesday Book, Additamenta, p. 497_], 1086.
Here below is written the inquest of the lands, in what manner the King's barons enquire, to wit, by the oath of the sheriff of the shire, and of all the barons and their Frenchmen and of the whole hundred, of the priest, the reeve, six villeins of each town. Then how the manor is named; who held it in the time of King Edward; who holds it now; how many hides; how many ploughs on the demesne, and how many of the men; how many villeins; how many cotters; how many serfs; how many freemen; how many socmen; how much wood; how much meadow; how many pastures; how many mills; how many fishponds; how much has been added or taken away; how much it was worth altogether; and how much now; how much each freeman or socman there had or has. All this for three periods; to wit, in the time of King Edward; and when King William granted it; and as it is now; and if more can be had therefrom than is had.
[Footnote 29: A feast on the completion of the hayrick.]
[Footnote 30: Probably a feast at the completion of corn-stacking.]
[Footnote 31: The best printed text is in Liebermann, _Die Gesetze der Angelsachsen,_ I. 444.]
3. THE BOROUGH OF DOVER [_Domesday Book, I, 1_], 1086.
Dover in the time of King Edward rendered 18l., of which money King Edward had two parts and Earl Godwin the third. On the contrary the canons of St. Martin had another moiety.[32] The burgesses gave twenty ships to the King once a year for fifteen days and in each ship were twenty-one men. This they did for that he had fully granted to them sac and soc.[33] When the King's messengers came there, they gave for the passage of a horse 3d. in winter and 2d. in summer. The burgesses, however, found a pilot and one other assistant, and if need were for more, it was hired from the messenger's own money.
From the feast of St. Michael[34] to the feast of St. Andrew[35] the King's truce (that is, peace) was in the town. If any man broke it, the King's reeve received therefor common amends.
Whosoever, dwelling in the town continually, rendered custom to the King, was quit of toll throughout all England.
All these customs were there when King William came to England.
Upon his very first coming to England the town was burned, and therefore the value thereof could not be computed, how much it was worth when the Bishop of Bayeux received it. Now it is valued at 40l., and yet the reeve renders therefrom 54l., that is, to the King 24l. of pence which are twenty in the ounce (_ora_)[36] and to the Earl 30l. by tale.
In Dover there are 29 messuages, from which the King has lost the custom. Of these Robert of Romney has two, Ralph de Curbespine three, William son of Tedald one, William son of Oger one, William son of Tedold and Robert Niger six, William son of Goisfrid three, in which was the gildhall of the burgesses, Hugh de Montfort one house, Durand one, Ranulf de Columbels one, Wadard six, the son of Modbert one. And all these of these houses avow the Bishop of Bayeux as their protector, donor and grantor.
Of the messuage which Ranulf de Columbels holds, which belonged to an exile (that is, an outlaw), they agree that half the land is the King's, and Ranulf himself has both. Humphrey the Bandylegged (_Loripes_) holds one messuage wherefrom half the forfeiture was the King's. Roger de Ostreham made a house over the King's water and has held hitherto the King's custom. And the house was not there in the time of King Edward.
At the entry of the port of Dover there is a mill which by great disturbance of the sea shatters almost all ships, and does the greatest damage to the King and the men; and it was not there in the time of King Edward. Touching this the nephew of Herbert says that the Bishop of Bayeux granted to his uncle Herbert son of Ivo that it should be made.
[Footnote 32: There was clearly a difference of opinion.]
[Footnote 33: Rights and profits of jurisdiction.]
[Footnote 34: September 29.]
[Footnote 35: November 30.]
[Footnote 36: _cf_. Fleta ii. 12: "_Viginti denarii faciunt unciam_."]
4. THE BOROUGH OF NORWICH [_Domesday Book, II_, 116], 1086.
In Norwich there were in the time of King Edward 1320 burgesses. Of whom one was so much the King's own (_dominicus_) that he could not withdraw nor do homage without his licence; whose name was Edstan. He had 18 acres of land and 12 of meadow and 2 churches in the borough and a sixth part of a third; and to one church pertained a messuage in the borough and 6 acres of meadow. This borough Roger Bigot holds of the King's gift. And of 1238 burgesses the King and the Earl had soc and sac[37] and custom; and over 50 Stigand had soc and sac and commendation[38]; and over 32 Harold had soc and sac and commendation; of whom one was so much his own (_dominicus_) that he could not withdraw nor do homage without his licence. In all they all had 80 acres of land and 20 acres and a half of meadow; and of these one was a woman, Stigand's sister, with 32 acres of land; and between them all they had half a mill and the fourth part of a mill, and still have; and in addition they had 12 acres and a half of meadow which Wihenoc took from them; now Rainald son of Ivo has the same; and in addition 2 acres of meadow which belonged to the church of All Saints; these also Wihenoc took, and now Rainald has them. There is also in the borough a church of St. Martin which Stigand held in the time of King Edward, and 12 acres of land; William de Noiers has it now as part of the fee of Stigand. Stigand also held a church of St. Michael, to which belong 112 acres of land and 6 of meadow and 1 plough. This Bishop William holds, but not of the bishopric. And the burgesses held 15 churches to which belonged in almoin 181 acres of land and meadow. And in the time of King Edward 12 burgesses held the church of Holy Trinity; now the bishop holds it of the gift of King William. The King and the Earl had 180 acres of land. The Abbot has a moiety of the church of St. Lawrence and one house of St. Edmund. This was all in the time of King Edward. Now there are in the borough 665 English burgesses and they render the customs; and 480 bordiers who owing to poverty render no custom. And on that land which Stigand held in the time of King Edward there dwell now 39 burgesses of those above; and on the same land there are 9 messuages empty. And on that land of which Harold had the soke there are 15 burgesses and 17 empty messuages which are in the occupation of the castle. And in the borough are 190 empty messuages in that part which was in the soke of the King and Earl, and 81 in the occupation of the castle. In the borough are further 50 houses from which the King has not his custom.... And in the borough the burgesses hold 43 chapels. And the whole of this town rendered in the time of King Edward 20l. to the King and to the Earl 10l. and besides this 21s. 4d. for allowances and 6 quarts of honey and 1 bear and 6 dogs for bear-[baiting]. And now 70l. king's weight and 100s. by tale as gersum to the Queen and 1 goshawk and 20l. blanch to the Earl and 20s. by tale as gersum to Godric.... Of the burgesses who dwelt in Norwich 22 have gone away and dwell in Beccles, a town of the abbot of St. Edmund, and 6 in Humbleyard hundred, and have left the borough, and in King's Thorpe 1, and on the land of Roger Bigot 1, and under W. de Noies 1, and Richard de Sent Cler 1. Those fleeing and the others remaining are altogether ruined, partly owing to the forfeitures of Earl Ralph, partly owing to a fire, partly owing to the King's geld, partly through Waleram.
In this borough if the bishop wishes he can have one moneyer....
_Land of the Burgesses._--In the hundred of Humbleyard always 80 acres and 14 bordiers and 1 plough and 3 acres of meadow; and they are worth 13s. 4d.
_The French of Norwich._--In the new borough are 36 burgesses and 6 Englishmen and of yearly custom each one rendered 1d. besides forfeitures; of all this the King had two parts and the Earl the third. Now there are 41 French burgesses on the demesne of the King and the Earl, and Roger Bigot has 50, and Ralph de Bella Fago 14, and Hermer 8, and Robert the crossbowman 5, and Fulcher, the abbot's man, 1, and Isac 1, and Ralph Visus Lupi 1, and in the Earl's bakehouse Robert Blund has 3, and Wimer has 1 ruined messuage.
All this land of the burgesses was on the demesne of Earl Ralph and he granted it to the King in common to make the borough between himself and the King, as the sheriff testifies. And all those lands as well of the knights as of the burgesses render to the King his custom. There is also in the new borough a church which Earl Ralph made, and he gave it to his chaplains. Now a priest of the sheriff, by name Wala, holds it of the King's gift, and it is worth 60s. And so long as Robert Blund held the county, he had therefrom each year 1 ounce of gold.
[Footnote 37: _i.e._, Rights of jurisdiction.]
[Footnote 38: _i.e._, Feudal lordship.]
5. THE BOROUGH OF WALLINGFORD [_Domesday Book, I_, 56], 1086.
In the borough of Wallingford King Edward had 8 virgates of land, and in these there were 276 haws[39] rendering 11l. of rent (_gablo_), and those who dwelt there did service for the King with horses or by water as far as Blewbury, Reading, Sutton, Bensington, and to those doing this service the reeve gave hire or corrody not from the king's revenue (_censu_) but from his own.
Now there are in the borough all customs as there were before. But of the haws there are thirteen less; for the castle eight have been destroyed, and the moneyer has one quit so long as he makes money. Saulf of Oxford has one, the son of Alsi of Farringdon one, which the King gave him, as he says. Humphrey Visdelew has one, for which he claims the King to warranty. Nigel holds one of Henry by inheritance from Soarding, but the burgesses testify that the latter never had it. From these thirteen the King has no custom; and further William de Warenne has one haw from which the King has no custom. Moreover there are 22 messuages of Frenchmen rendering 6s. 5d.
King Edward had 15 acres in which housecarles dwelt. Miles Crispin holds them, they know not how. One of these belongs to[40] (_jacet in_) Wittenham, a manor of Walter Giffard.
Bishop Walchelin has 27 haws rendering 25s. and they are valued in Brightwell, his manor.
The abbot of Abingdon has 2 acres on which are 7 messuages rendering 4s., and they pertain to Oxford.
Miles has 20 messuages rendering 12s. 10d., and they belong to (_jacent in_) Newnham, and also one acre on which there are 6 haws rendering 18d. In Hazeley he has 6 messuages rendering 44d. In Stoke one messuage rendering 12d. In Chalgrove one messuage rendering 4d. In Sutton one acre on which there are 6 messuages rendering 12d., and in Bray one acre and 11 messuages rendering 3s. there. All this land pertains to Oxfordshire; nevertheless it is in Wallingford....
Alwold and Godric have the rent (_gablum_) of their houses and bloodwite if blood is shed there, if the man should be received within them before he be claimed by the King's reeve, except on Saturday owing to the market, because then the King has the forfeiture; and they have the fine for adultery and theft in their houses; but other forfeitures are the King's.
In the time of King Edward the borough was worth 30l. and afterwards 40l.; now 60l. And yet it renders of farm 80l. by tale. What pertains to Adbrei is worth 7s. and the land of Miles Moli 24s. What the abbot of Abingdon has is worth 8s. What Roger de Laci has, 7s. What Rainald has, 4s.
The underwritten thegns of Oxfordshire had land in Wallingford.
Archbishop Lanfranc, 4 houses pertaining to Newington rendering 6s. Bishop Remigius, one house pertaining to Dorchester rendering 12d. The abbot of St. Alban one house rendering 4s. Abbot R. one house in Ewelme rendering 3s.
Earl Hugh, one house in Pyrton rendering 3s.
Walter Giffard, 3 houses in Caversham rendering 2s.
Roger de Olgi, 2 houses in Watlington rendering 2s. and one house in Perie rendering 2s.
Ilbert de Lacy and Roger son of Seifrid and Orgar, 3 houses rendering 4s.
Hugh de Bolebec 3 houses in Crem rendering 3s.
Hugh Grando de Scoca, one house rendering 12d.
Drogo, in Shirburne and in Weston, 3 houses rendering 4s.
Robert Armenteres, in Ewelme, one house rendering 12d.
Wazo, one house in Ewelme rendering 3s.
[Footnote 39: _i.e._, Houses.]
[Footnote 40: Or, "is valued in."]
6. CUSTOMS OF BERKSHIRE [_Domesday Book, I_, 56], 1086.
When geld was given in the time of King Edward in common throughout the whole of Berkshire, a hide gave 3-1/2d. before Christmas and as much at Whitsuntide. If the King sent an army anywhere, from 5 hides went one knight only, and for his food or wages 4s. were given to him from each hide for two months. This money, however, was not sent to the King, but was given to the knights. If anyone summoned for military service went not, he forfeited to the King the whole of his land. And if anyone stayed behind and promised to send another in his place, and yet he who was to be sent stayed behind, his lord was quit for 50s. A thegn or knight of the King's own (_dominicus_) left to the King at death for relief all his arms and one horse with a saddle and one without a saddle. And if he had hounds or hawks, they were presented to the King, that he might receive them if he would. If anyone killed a man having the King's peace, he forfeited to the King both his body and all his substance. He who broke into a city by night made amends in 100s. to the King, not to the sheriff. He who was warned to beat the woods for hunting and went not, made amends to the King in 50s.
7. LAND OF THE CHURCH OF WORCESTER [_Domesday Book, I_, 172_b_], 1086.
The church of St. Mary of Worcester has a hundred which is called Oswaldslaw, in which lie 300 hides, wherefrom the bishop of that church, by a constitution of ancient times, has all the profits of the sokes and all the customs belonging thereto for his own board and for the king's service and his own, so that no sheriff can have any plaint there, neither in any plea nor in any cause whatsoever. This the whole county testifies. These aforesaid 300 hides were of the demesne itself of the church, and if anything thereof had been in any wise demised or granted to any man soever, to serve the bishop therewith, he who held the land granted to him could not retain for himself any custom at all therefrom, save through the bishop, nor could he retain the land save until the completed term which they had determined between themselves, nor could he go anywhither with that land.
8. THE MANOR OF ROCKLAND, CO. NORFOLK [_Domesday Book, II_, 164, 164 _b_], 1086.
In Rockland Simon holds 3 carucates of land which one freeman, Brode, held in the time of King Edward. Then as now 2 villeins and 12 bordiers.[41] Then 4 serfs, now 1, and 8 acres of meadow; then as now 2 ploughs on the demesne and 1 plough among the men. Wood for 6 swine. Then 4 rounceys,[42] now none. Then 8 beasts, now 5. Then 30 swine, now 15. Then 100 sheep, and now likewise. And in the same [town] the same Simon holds 6 freemen and a half, whom the same Brode had in commendation only; 70 acres of land and 4 acres of meadow; then as now 1 plough and a half. Of these 6 freemen and a half the soke was in the King's [manor of] Buckenham in the time of King Edward, and afterwards, until William de Warenne had it. Then and always they were worth 3l. 10s.
After this there were added to this land 9 freemen and a half, 1 carucate of land, 54 acres, this is in demesne; then as now 9 bordiers and 8 acres of meadow; then as now 6 ploughs, and 2 half mills. The whole of this is [reckoned] for one manor of Lewes and is worth 3l. 11s. Of four and a half of the 9 freemen the soke and commendation was in the King's [manor of] Buckenham in the time of King Edward, and afterwards, until William de Warenne had it, and the whole was delivered in the time of Earl Ralph. The whole is 1 league in length and a half in breadth, and [pays] 15d. of geld.
[Footnote 41: Cotters.]
[Footnote 42: Horses.]
9. THE MANOR OF HALESOWEN, CO. WORCESTER [_Domesday Book, I_, 176], 1086.
Earl Roger holds of the King one manor, Halesowen. There are 10 hides there. On the demesne there are 4 ploughs and 36 villeins and 18 bordiers, 4 "radmans" and a church with 2 priests. Among them all they have 41-1/2 ploughs. There are there 8 serfs and 2 bondwomen. Of this land Roger Venator holds of the Earl one hide and a half, and there he has one plough and 6 villeins, and 5 bordiers with 5 ploughs. It is worth 25s. In the time of King Edward this manor was worth 24l. Now 15l. Olwin held and had in Droitwich a saltpan worth 4s. and in Worcester a house worth 12d.
The same Earl holds Salwarpe, and Urso of him. Elwin Cilt held it. There are 5 hides there. On the demesne there is one plough and 6 villeins, and 5 bordiers with 7 ploughs. There are there 3 serfs and 3 bondwomen and a mill worth 10s. and 5 saltpans worth 60s. Half a league of wood and a park there. In the time of King Edward it was worth 100s. Now 6l. There can be two ploughs more there.
10. THE MANOR OF HAVERING, CO. ESSEX [_Domesday Book, II_, 2 _b_], 1086.
_Hundred of Bintree._--Harold held Havering in the time of King Edward for one manor and for 10 hides. Then 41 villeins, now 40. Then as now 41 bordiers and 6 serfs and 2 ploughs on the demesne. Then 41 ploughs among the men, now 40. Wood for 500 swine, 100 acres of meadow; now one mill, two rounceys and 10 beasts and 160 swine and 269 sheep. To this manor belonged 4 freemen with 4 hides in the time of King Edward, rendering custom. Now Robert son of Corbutio holds 3 hides, and Hugh de Monte Forti the fourth hide, and they have not rendered custom since they have had them. And further the same Robert holds 4 hides and a half which one freeman held at this manor in the time of King Edward; the freeman held also a soke of 30 acres, rendering custom; and now John son of Galeram holds it. And this manor in the time of King Edward was worth 36l., now 40l. And Peter the sheriff received therefrom 80l. of rent and 10l. of gersom.[43] To this manor pertain 20 acres lying in Lochetun, which Harold's reeve held in the time of King Edward; now the King's reeve holds the same, and they are worth 40d.
[Footnote 43: _i.e._, Fine.]
Section II
THE FEUDAL STRUCTURE
1. Frankalmoin, _temp._ Hen. II.--2. Knight Service, 1308--3. Grand Serjeanty, 1319--4. Petty Serjeanty, 1329--5. An action on the feudal incidents due from land held by petty serjeanty, 1239-40--6. Free socage, 1342--7. Commutation of a serjeanty for knight service, 1254--8. Commutation of service for rent, 1269--9. Subinfeudation, 1278--10. Licence for the widow of a tenant in chief to marry, 1316--11. Marriage of a widow without licence, 1338--12. Alienation of land by a tenant in chief without licence, 1273--13. Wardship and marriage, 1179-80--14. Grant of an heir's marriage, 1320--15. Wardship, 1337--16. Collection of a carucage, 1198--17. An acquittance of the collectors of scutage of a sum of 10l. levied by them and repaid, 1319--18. Payment of fines in lieu of knight service, 1303--19. The assessment of a tallage, 1314--20. A writ _Precipe_, _c._ 1200--21. Articles of enquiry touching rights and liberties and the state of the realm, 1274--- 22. Wreck of sea, 1337.
The general characteristics of feudalism as a system by which the administrative, legislative and judicial functions of the state had their basis in the tenure of land, are well known. In the following documents an attempt has been made to illustrate the development of English feudalism under the direction of a strong central government, which succeeded in controlling the centrifugal force of feudal institutions and in establishing a national administration dependent on the crown and antagonistic to local franchise. By the end of the thirteenth century the crown was firmly entrenched behind well developed courts of permanent officials, having at the same time retained its control of local affairs by preventing the office of sheriff from becoming hereditary; in the sphere of justice, the central courts of King's Bench and Common Pleas, supplemented by the itinerant Justices of Assize and by the energy of the Chancellor in devising new remedies and new legal actions, were slowly but surely undermining the manorial justice of the greater tenants, a process well understood by the framers of _Magna Carta_; while the creation of Parliament brought into being an institution destined to rival and ultimately to supersede the exclusive claims of the lords, the feudal council, to advise and control the crown. While therefore the worst tendencies of feudalism were neutralised, the sovereign's hold on the land was tightened, and feudal obligations were reduced to a rigid system which persisted until the Civil War of the seventeenth century. The administration of this branch of royal rights, facilitated by the existence of Domesday Book and the rapid development of the Exchequer, was locally in the hands of the sheriffs for a century and a half after the Conquest; but the growth of business, due to the increase of population and the subdivision of the original knights' fees, necessitated the creation of a separate official. Already in the time of Richard I., there appears "the keeper of the king's escheats," and early in the reign of Henry III. the sheriffs are relieved by the two escheators, one on each side of the Trent, who answer directly at the Exchequer, although it is not until the year 17 Edward II. (1323-4) that their accounts are transferred from the Pipe Roll to a separate enrolment.
The office of escheator passed through a period of experimental fluctuation during the first half of the fourteenth century; Edward I. in 1275 temporarily abolished the original two escheatries, dividing the realm into three stewardships with the sheriffs as escheators in each county; Edward II. in 1323 divided the country into ten escheatries,[44] a plan readopted by Edward III. in 1340; between 1332 and 1340 there were five escheators, between 1341 and 1357 the office was held by the sheriffs, though separate patents were issued, while from 1357 onwards the office suffered no change of importance until the Tudor period, when the Court of Wards was established (32 Henry VIII.) and the feodary appears. The functions of the escheator were to take into the king's hand and administer the lands of all tenants in chief and of others whose lands by death, escheat or forfeiture, fell to the crown, to deliver seisin to the heirs, after taking security for the payment of relief, to make partitions of lands among heiresses, to assign dowers to the widows of tenants, and in general to watch over the interests of the crown in all matters of feudal obligation.
The documents given below show the machinery in operation. Instances are given of the different tenures[45] (Nos. 1 to 6), while the uncertainty prevailing in the twelfth century as to the incidents due from land held by serjeanty is illustrated in No. 5. The gradual substitution of a money economy for a feudal economy, which finds expression in scutage (No. 17) and otherwise (No. 18), encouraged an elasticity of tenure which made a change from serjeanty to knight service (No. 7) and from personal service to a rent (No. 8) convenient equally to lord and tenant. The degree to which subinfeudation had commonly proceeded in the thirteenth century is shown in No. 9, and the burden of the feudal incidents is exemplified in Nos. 10 to 15. The ordinary revenues of the Crown from feudal incidents and aids, rents, the profits of justice, and escheats, were never sufficient to meet emergencies, just as the feudal army was inadequate for a protracted campaign, and hence the Crown was forced to resort on the one hand to a universal land-tax (No. 16) or a limited exaction from the crown demesnes (No. 19), and on the other to a tax on the feudal unit, the knight's fee (No. 17); the provisions for the collection of a carucage illustrate the royal determination to exact the uttermost farthing, while the assessment of a scutage was conducted on the modern principle of extracting the money first and settling the liability afterwards. No. 20 is a rare surviving instance of an original writ _Precipe_ issued before _Magna Carta_, and shows precisely the method of the royal procedure in attracting legal causes to the King's jurisdiction out of the hands of the lord. The section concludes with the important articles of enquiry initiated by Edward I., which led to the compilation of the Hundred Rolls and the proceedings _quo warranto_, and also set out in detail the King's conception of his sovereignty and of the royal origin of all feudal franchises and liberties (No. 21); while the last document (No. 22) furnishes a curious instance of one of the minor royal rights.
AUTHORITIES
The principal modern writers dealing with the subject of this section are:--Pollock & Maitland, _History of English Law_; Maitland, _Lectures on Constitutional History_; Stubbs, _Constitutional History_; Hazlitt, _Tenures of land and customs of manors_; Round, _Feudal England_; Round, _The King's Serjeants and Officers of State_; Baldwin, _Scutage and Knight Service in England_; McKechnie, _Magna Carta_; Freeman, _Norman Conquest_; Hatschek, _Englische Verfassungsgeschichte_; Digby, _History of the Law of Real Property_.
_Documentary authorities_:--The principal original sources are, _The Red Book of the Exchequer_ (Hall, Rolls Series); _The Hundred Rolls_ (Record Commission), _Placita de quo Warranto_ (Record Commission); _Placitorum Abbreviatio_ (Record Commission); _Testa de Nevill_ (Record Commission),[46] _Inquisitions Post Mortem_ (Record Office Calendars), _Feudal Aids_ (Record Office Calendars).
[Footnote 44: Besides these ten, the palatinate county of Chester had its own escheator, and the Mayor of London exercised the office in London. Minor escheatries were carved out from time to time.]
[Footnote 45: Unfree tenure is illustrated below in section III., The Manor.]
[Footnote 46: A new edition is in course of preparation.]
1. FRANKALMOIN [_Ancient Deeds_, B. 4249]. _temp._ Henry II.
To all sons of Holy Mother Church, present and to come, Roger son of Elyas of Helpstone, greeting. Know ye that I have given and granted and by my present charter confirmed to God and the church of St. Michael of Stamford and the nuns serving God there, for the souls of my father and my mother and for the salvation of my soul and the souls of my ancestors and successors, in free and pure and perpetual alms, 2 acres of land, less 1 rood, in the fields of Helpstone, to wit, 3 roods of land on Peselond between the land of Payn the knight and between the land of Robert Blund, and 1/2 acre between the land of William Peri and between the land of William son of Ede, and 2 roods between the land of Sir Roger de Torpel, lying on both sides. I have given, moreover, to God and the church of St. Michael and the nuns serving God there, in free and pure and perpetual alms 1/2d. of rent which John son of Richard of Barnack used to render to me on the day of St. Peter's Chains[47] for a house and for a rood of land in Helpstone. And the aforesaid land and 1/2d. of rent I, Roger, and my heirs will warrant to the aforesaid nuns against all men and against all women. Witnesses:--Payn of Helpstone, Roger his son, Geoffrey of Lohoum, Geoffrey of Norbury, Walter of Helpstone, Robert son of Simon, Geoffrey son of John, Geoffrey son of Herlewin, Walter of Tickencote, Richard Pec.
[Footnote 47: August 1.]
2. KNIGHT SERVICE [_Inquisitions post mortem, Edward II,_ 2, 19], 1308.
_Somerset._--Inquisition made before the escheator of the lord the King at Somerton on 29 January in the first year of the reign of King Edward [II], of the lands and tenements that were of Hugh Poyntz in the county of Somerset on the day on which he died, how much, to wit, he held of the lord the King in chief and how much of others and by what service, and how much those lands and tenements are worth yearly in all issues, and who is his next heir and of what age, by the oath of Matthew de Esse[48] ... Who say by their oath that the aforesaid Hugh Poyntz held in his demesne as of fee in the county aforesaid on the day on which he died the manor of Curry Mallet, with the appurtenances, of the lord the King in chief for a moiety of the barony of Curry Mallet by the service of one knight's fee; in which manor is a capital messuage which is worth 4s. a year with the fruit and herbage of the garden; and there are there 280 acres of arable land which are worth 4l. 13s. 4d. a year at 4d. an acre; and there are there 60 acres of meadow which are worth 4l. 10s. a year at 18d. an acre; and there is there a park the pasture whereof is worth 6s. 8d. a year and not more owing to the sustenance of deer; and the pleas and perquisites of the court there are worth 4s. a year; And there are there 12 free tenants in fee, who render yearly at the feasts of Michaelmas and Easter by equal portions 74s. 8d. for all service; and there are there 16 customary tenants, each of whom holds 1/2 virgate of land in villeinage, rendering yearly at the said terms by equal portions 4s., and the works of each are worth from the feast of the Nativity of St. John the Baptist[49] to the feast of Michaelmas 2s. a year; and there are there 28 customary tenants, each of whom holds 1 fardel[50] of land in villeinage, rendering yearly at the said terms by equal portions 2s., and the works of each for the same time are worth 12d. Sum of the extent:--22l. 12s. 8d.
Further, the aforesaid jurors say that Nicholas Poyntz, son of the aforesaid Hugh Poyntz, is next heir of the same Hugh and of the age of 30 years and more. In witness whereof the same jurors have set their seals to this inquisition.
* * * * *
The aforesaid Hugh de Poyntz held no other lands or tenements in my bailiwick on the day on which he died, except the lands and tenements in these inquisitions.[51]
[Footnote 48: And eleven others named.]
[Footnote 49: June 24.]
[Footnote 50: A quarter of a virgate.]
[Footnote 51: A second inquisition is appended.]
3. GRAND SERJEANTY [_Inquisitions ad quod damnum_, 135, 10], 1319.
_Norfolk._--Inquisition made at Bishop's Lynn before the escheator of the lord the King on 30 March in the 12th year of the reign of King Edward, son of King Edward, by Robert de Causton.[52] ... Which jurors say upon their oath that it is not to the damage or prejudice of the lord the King or of others if the lord the King grant to Thomas de Hauvill that he may grant to the venerable father John, bishop of Norwich, a custom called lastage[53] which he has and receives in the port of Bishop's Lynn in the county of Norfolk, to receive and hold to him and his successors, bishops of that place, for ever. Asked of whom that custom is holden in chief, they say, Of the lord the King in chief. Asked also by what service, they say that Thomas de Hauvill holds the manors of Dunton and Rainham and the custom called lastage in the ports of Bishop's Lynn and Great Yarmouth, in the county aforesaid, and Boston, in the county of Lincoln, by grand serjeanty, to wit, by the service of keeping a falcon of the lord the King yearly.[54] Asked how much that custom is worth yearly in the port of Lynn, they say that the aforesaid custom in the aforesaid port of Lynn is worth 16s. according to the true value in all issues yearly. In witness whereof the aforesaid jurors have set their seals to this inquisition at Lynn the day and year abovesaid.
[Footnote 52: And eleven others named.]
[Footnote 53: Here a toll of ships' ladings.]
[Footnote 54: The service of grand serjeanty was usually more onerous.]
4. PETTY SERJEANTY [_Fine Roll, 3 Edward III, m. 5_], 1329.
The King to his beloved and faithful, Simon de Bereford, his escheator on this side Trent, greeting. Because we have learned by an inquisition which we caused to be made by you that Nicholaa, who was the wife of Nicholas de Mortesthorp, deceased (_defuncta_), held on the day on which she died the manor of Kingston Russell with the appurtenances for the term of her life of the gift of William Russel, and that that manor is held of us in chief by the service of counting our chessmen (_narrandi familiam scaccarii nostri_) in our chamber, and of putting them in a box when we have finished our game; and that the aforesaid Nicholaa held on the day aforesaid the manor of Allington with the appurtenances for the term of her life of Theobald Russel by knight service; and that the aforesaid Theobald, son of the aforesaid William, is William's next heir of the manors aforesaid and of full age: We have taken Theobald's homage for the manor which is thus held of us and have given it back to him. And therefore we command you, that after you have taken security from the aforesaid Theobald for rendering to us a reasonable relief at our Exchequer, you cause the same Theobald to have full seisin of the manor aforesaid with the appurtenances and of the other lands and tenements which the same Nicholaa so held for the term of her life of the inheritance aforesaid in your bailiwick on the day on which she died, and which on account of her death have been taken into our hand, saving the right of every man. Witness the King at Gloucester,
26 September. By writ of privy seal.
5. AN ACTION ON THE FEUDAL INCIDENTS DUE FROM LANDS HELD BY PETTY SERJEANTY [_Bracton's Note-Book, III, 290. No. 1280_], 1239-40.
Jollan de Nevill was summoned to shew wherefore without licence of the lord the King he gave in marriage William, son and heir of Randolf son of Robert, who ought to be in the wardship of the lord the King because Randolf held his land of the King by the service of serjeanty, etc. And Jollan comes and says that the aforesaid William held no such land of the lord the King in chief save by the following service, to wit, that he ought to be verger (_portare unam uirgam_) before the justices in eyre at Lincoln, wherefore it seems to him that no wardship pertains thereof to the lord the King, and he says that at another time he was impleaded by Earl Richard[55] touching that wardship on account of certain land which the same Randolf held of the same Earl, and in such wise that an inquisition was made whereby it was proved that the same Earl had no right in that wardship, and also he says that another inquisition was made between the lord the King and him, Jollan, whereby it was proved that the wardship pertained to Jollan, and the inquisition was delivered to the Chancellor, and he puts himself on that inquisition, and thereof he says that after the wardship remained to him by that inquisition he sold the wardship and marriage forthwith to the Chancellor at Lincoln for 20 marks. And therefore let the inquisition be viewed etc.[56]
[Footnote 55: Earl of Cornwall, the king's brother.]
[Footnote 56: For the uncertainty prevailing as to the burdens of this tenure in the thirteenth century, _cf._ Bracton, _f._ 35_b_. "Since such services are not done for the king's army or the defence of the country, no marriage or wardship is due therefrom to the chief lord, any more than from socage." But the gloss of this dictum quotes an instance of a justice upholding the claim of a chief lord to the wardship and marriage of the heir of a tenant by petty serjeanty.]
6. FREE SOCAGE [_Fine Roll, 16 Edward III, m. 15_], 1342.
The King to his beloved and trusty, Richard de Monte Caniso, his escheator in the counties of Essex, Hertford and Middlesex, greeting. Because we have learned by an inquisition which we caused to be made by you that a tenement with the appurtenances in the parish of St. Clement Danes without the bar of the New Temple, London, which was of Thomas de Crauford, barber, deceased, and which is worth by the year in all issues 6s. 8d. according to the true value of the same, is holden of us in chief in free socage by the service of 18d. a year to be rendered therefrom to us at our Exchequer for all services, and that the wardship of the land and heir of the same Thomas does not pertain to us, because the wardship of such tenements holden of us in form aforesaid ought to pertain to the next friends of the same heirs to whom the aforesaid tenements cannot come by hereditary right, and that John, son of the said Thomas, is next heir of the same Thomas and of the age of fourteen years: We have taken the fealty of the same John due to us from the tenement aforesaid. And therefore we command you that after you have received from the aforesaid John security for rendering to us his reasonable relief at our Exchequer, you deliver to the same John the tenement aforesaid with the appurtenances, which was taken into our hand by reason of the death of the aforesaid Thomas; saving the right of any man. Witness the King at Woodstock, 18 June.
7. COMMUTATION OF A SERJEANTY FOR KNIGHT SERVICE [_Inquisitions ad quod damnum_, 1, 30], 1254.
This is the inquisition made by the oath of James de Northon[57] ... in the presence of the keepers of the pleas of the crown,[58] what damage it would be to the lord the King to grant to his beloved and trusty Adam de Gurdun that for the service which his father used to do to the same lord the King, to wit, of finding a serjeant for the lord the King for 40 days in his army and expedition, for the land which the same Adam and his mother hold of the lord the King by serjeanty in Tisted and Selborne in the county of Southampton, hereafter he do to the lord the King the service of half a knight's fee: Who say that it is not to the damage of the lord the King to grant to Adam de Gurdun that for the service which his father used to do to the lord the King ... he do hereafter the service of half a knight's fee. In witness whereof they have set their seals to this inquisition.
[Footnote 57: And eleven others named.]
[Footnote 58: The coroners.]
8. COMMUTATION OF SERVICE FOR RENT [_Inquisitions ad quod damnum_, 2, 40], 1269.
Inquisition made before the sheriff on All Souls Day[59] in the 53rd year of the reign of King Henry son of King John, what and what sort of customs and services are due to the lord the King from two virgates of land with the appurtenances which Adam de Ardern holds of the aforesaid lord the King in Colverdon and Walesworth, within the manor of the aforesaid lord the King of Barton without Gloucester, and how much those customs and services are worth yearly in money, if they were converted into money, and whether it would be to the damage of the aforesaid lord the King or to the injury of the manor aforesaid, if the lord the King should grant to the aforesaid Adam that for the customs and services aforesaid he should render to the aforesaid lord the King the value of the same yearly in money; and if it should be to the damage of the lord the King aforesaid or to the injury of the same manor, to what damage and what injury; by the oath of the below written persons, to wit, Philip de Hatherle[60] ... Who say upon their oath that the aforesaid Adam holds of the aforesaid lord the King within the manor aforesaid in Colverdon a virgate of land with the appurtenances and renders 10s. a year to the lord the King, and another virgate of land with the appurtenances in Walesworth and renders 20s. to the same lord the King, and for the aforesaid two virgates of land he owes suit to the court of the lord the King at the Barton aforesaid, and it is worth 2s. a year, and he shall carry writs within the county and shall have no answering of the aforesaid writs, and it is worth 2s. a year, and he ought to be tallaged for the two virgates of land aforesaid, when tallage is imposed, at the will of the lord the King. And if the aforesaid lord the King should grant to the aforesaid Adam to hold the aforesaid land for the aforesaid service,[61] it would not be to the damage of the lord the King nor to the injury of the manor aforesaid.
[Footnote 59: November 2.]
[Footnote 60: And twelve others named.]
[Footnote 61: _i.e._, for the money-payments specified above.]
9. SUBINFEUDATION [_Rotuli Hundredorum, II_, 350], 1278
_Township of Thornborough._--The abbot of Biddlesdon holds 6 hides of land and a virgate in Thornborough, to wit, of John de Hastings one hide of land, and John himself holds of Sir John son of Alan, and Sir John himself holds of the lord the King in chief.
Again, the said abbot holds a half hide of land and a virgate of Alice daughter of Robert de Hastings, and she holds of Sir John son of Alan, and he holds of the King in chief, and the said abbot renders to the said Alice 30s. a year.
Again, the same abbot holds of Hugh de Dunster 2-1/2 hides of land and a virgate, and renders for the said land to the nuns of St. Margaret of Ivinghoe 40s. a year, and maintains the chapel of Butlecote for the aforesaid land. And Hugh held of John de Bello Campo a hide and a virgate of land, rendering to John de Bello Campo 4d. a year, and John himself holds of Sir John son of Alan, and he holds of the lord the King in chief.
Again the same abbot holds of the gift of Roger Foliot a half hide and a virgate, and Roger himself held of Reynold de Fraxino, and Reynold held of John son of Alan, and he of the lord the King in chief.
Again, the same abbot holds of the gift of William de Fraxino and his ancestors a hide of land, and they held of John son of Alan, and he of the lord the King in chief.
And it is to be known that all the aforesaid land used to render foreign service,[62] except the land which the said abbot has of the gift of John de Hastings and Alice daughter of Robert de Hastings, but John son of Alan and his heirs will acquit the said abbot towards the lord the King and all other men, to wit, of the ward of Northampton, of scutage, of a reasonable aid to make the king's son a knight and to marry his daughter, for ever, and of all services pertaining to them.[63]
[Footnote 62: _i.e._, service due to the King, a permanent burden upon the land. _See_ Bracton, _f._ 36. "Item sunt quedam servitia que dicuntur forinseca ... quia pertinent ad dominum regem ... et ideo forinsecum did potest quia fit et capitur foris sive extra servitium quod fit domino capitali."]
[Footnote 63: The process of subinfeudation was brought to an end by the Statute of _Quia Emptores_, 1290. "Our lord the king ... has ... enacted that henceforth it be lawful for any freeman to sell his land or tenement or any part thereof at his pleasure, so always that he who is enfeoffed thereof hold that land or tenement of the same chief lord, and by the same services and customs, whereby the enfeoffor formerly held them."]
10. LICENCE FOR THE WIDOW OF A TENANT IN CHIEF TO MARRY [_Fine Roll, 10 Edward II, m. 19_], 1316.
The King to all to whom etc. greeting. Know ye that by a fine of 100s. which our beloved John de la Haye has made with us for Joan, who was the wife of Simon Darches, deceased, who held of us in chief as of the honour of Wallingford, we have given licence to the same Joan that she may marry whomsoever she will, provided that he be in our allegiance. In witness whereof etc. Witness the King at Westminster, 11 July.
11. MARRIAGE OF A WIDOW WITHOUT LICENCE [_Fine Roll, 12 Edward III, m. 26_], 1338.
The King to his beloved and trusty, William Trussel, his escheator on this side Trent, greeting. Whereas Millicent, who was the wife of Hugh de Plescy, deceased, who held of us in chief, who (_que_) lately in our Chancery took a corporal oath that she would not marry without our licence, has now married Richard de Stonley without having obtained our licence hereon: We, refusing to pass over such a contempt unpunished, and wishing to take measures for our indemnity in this behalf, command you that without delay you take into our hand all the lands and tenements which the aforesaid Richard and Millicent hold in Millicent's dower of the inheritance of the aforesaid Hugh in your bailiwick; so that you answer to us at our Exchequer for the issues forthcoming thence, until we deem fit to order otherwise thereon. Witness the King at the Tower of London, 6 May. By the King.
12. ALIENATION OF LAND BY A TENANT IN CHIEF WITHOUT LICENCE [_Fine Roll, 1 Edward I, m. 7_], 1273.
Order is made to the sheriff of Hereford that without delay he take into the King's hand the manor of Dilwyn, which Edmund, our[64] brother, holds of the King in chief, and which he has now alienated to John Giffard without the King's licence; and that he keep it safely until the King make other order thereon, so that he answer to the King at the King's Exchequer for the issues arising therefrom. Given as above [at St. Martin le Grand, London, 5 October]. By the King's council.
[Footnote 64: i.e., the King's brother. The enrolling clerk confuses the first person of the original writ with the third person of the enrolment formula.]
13. WARDSHIP AND MARRIAGE [_Pipe Roll, 26 Henry II, Rot. 5, m. 2d._], 1179-80.
Otto de Tilli renders account of 400l. to have the wardship of the land of his grandson; and let his daughter be given [in marriage] at the King's will. In the treasury are 100l. And he owes 300l.
Adam son of Norman and William son of Hugh de Leelai render account of 200 marks for marrying the daughter of Adam with the son of William, with the King's good will. In the treasury are 50 marks. And they owe 100l.
14. GRANT OF AN HEIR'S MARRIAGE [_Fine Roll, 13 Edward II, m. 3_], 1320.
The King to all to whom etc., greeting. Know ye that by a fine of 6l. which our beloved clerk, Adam de Lymbergh, has made with us, we have granted to him the marriage of John, son and heir of Joan de Chodewell, deceased, late one of the sisters and heirs of Philip le Brode, deceased, who held of us in chief, which John is under age and in our wardship; to hold without disparagement.[65] In witness whereof etc. Witness the King at Odiham, 26 March. By the council.
And command is given to Richard de Rodeney, the King's escheator on this side Trent, that he deliver to the same Adam the body of the heir aforesaid, to be married in the form aforesaid. Witness as above.
[Footnote 65: _i.e.,_ The heir is not to be married below his rank. _cf. Magna Carta, 6._ "Heirs shall be married without disparagement, so that before a marriage be contracted, the near kindred of the heir shall be informed thereof."]
15. WARDSHIP [_Fine Roll, 11 Edward III, m. 18_], 1337.
The King to his beloved and trusty, William Trussel, his escheator on this side Trent, greeting. We command you, straitly enjoining, that forthwith, on view of these presents, you cause the body of the heir of Roger de Huntyngfeld, deceased, who held of us in chief, wheresoever and in whosesoever hands it be found in your bailiwick, to be seized into our hand and to be sent to us without delay, wheresoever we shall be in England, to be delivered to us or to him whom we shall depute as guardian of the said heir: and that you in no wise neglect this, as you will save yourself harmless against us. Witness the King at the Tower of London, 2 September.
By letter of the secret seal.
16. THE COLLECTION OF A CARUCAGE [_Roger of Hoveden, Rolls Series_, iv. 46], 1198.
In the same year Richard, King of England, took an aid of 5s. from every carucate of land or hide, of the whole of England, for the collection whereof the same King sent throughout every county of England a clerk and a knight, who, together with the sheriff of the county to which they were sent, and with lawful knights elected hereto, after taking oath faithfully to execute the King's business, summoned before them the stewards of the barons of that county and from every town the lord or bailiff of that town and the reeve with four lawful men of the town, whether freemen or unfree (_rusticis_), and two of the more lawful knights of the hundred, who swore that they would faithfully and without deceit say how many ploughlands (_carucarum wannagia_) there were in every town, to wit, how many in demesne, how many in villeinage, how many in alms granted to men of religion, which the grantors or their heirs are bound to warrant or acquit, or wherefrom men of religion ought to do service; and by command of the King they put on each ploughland first 2s. and afterwards 3s.; and all these things were reduced to writing; and the clerk had thereof one roll, and the knight a second roll, the sheriff a third roll, the steward of the barons a fourth roll of his lord's land. This money was received by the hands of two lawful knights of each hundred and by the hand of the bailiff of the hundred; and they answered therefor to the sheriff, and the sheriff answered therefor by the aforesaid rolls at the Exchequer before the bishops, abbots and barons appointed hereto. And for the punishment of any jurors who should conceal aught in this business contrary to their oath, it was decreed that any unfree man convicted of perjury should give to his lord his best plough-ox, and moreover should answer from his own property, to the use of the lord the King, for as much money as he should be declared to have concealed by his perjury; and if a freeman should be convicted, he should be at the King's mercy, and moreover should refund from his own property, to the use of the lord the King, as much as should be concealed by him, like the unfree man. It was also decreed that every baron together with the sheriff should make distraints upon his men; and if through default of the barons distraints were not made, that which should remain to be rendered by their men should be taken from the demesne of the barons, and the barons themselves should have recourse to their men for the same. And the free fees of parish churches were excepted from this tallage. And all escheats of barons, which were in the hand of the lord the King, paid their share. Serjeanties, however, of the lord the King, which were not of knights' fees, were excepted; nevertheless a list was made of them and of the number of carucates of land and the value of the lands and the names of the serjeants, and all those serjeants were summoned to be at London on the octave of the Close of Pentecost, to hear and execute the command of the lord the King. And those who were elected and appointed to execute this business of the King decreed, by the valuation of lawful men, 100 acres of land to each ploughland.
17. AN ACQUITTANCE OF THE COLLECTORS OF SCUTAGE OF A SUM OF 10L. LEVIED BY THEM AND REPAID [_Chancery Miscellanea, 1, 18, 9_], 1319.
To all Christ's faithful to whom the present letters shall come, John de Twynem, receiver of the money of the lord John of Brittany, earl of Richmond, in the barony of Hastings, greeting in the Lord. Know ye that, whereas John Fillol and William de Northo were appointed[66] to collect and levy in the counties of Surrey and Sussex the scutage of the lord the King of the armies of Scotland of the twenty-eighth, thirty-first and thirty-fourth years of the reign of King Edward, father of King Edward that now is, and afterwards by command of the lord the King were appointed[67] to pay to the said lord John of Brittany, earl of Richmond, the scutage of the tenants of the barony aforesaid of the aforesaid thirty-first and thirty-fourth years, I have received of the aforesaid John Fillol and William de Northo by the hands of the said John to the use of the said lord John of Brittany, earl of Richmond, 10l. for the scutage of five knights' fees in Wartling, Cowden and Socknersh, of the aforesaid thirty-fourth year; of which 10l. I will acquit the aforesaid John and William, their heirs and executors, and save them harmless, against the said earl and others whomsoever. In witness whereof I have set my seal to these presents. Given at Lympne, 12 September, at the beginning of the thirteenth year of the reign of the King abovesaid.[68]
[Footnote 66: _Fine Roll, 8 Edward II., m._ 19.]
[Footnote 67: _Scutage Roll, 8-11 Edward II., mm._ 2. l.]
[Footnote 68: Scutage was imposed on all tenants of knights' fees, but might be reclaimed by the lord if he did the service due.]
18. PAYMENT OF FINES IN LIEU OF KNIGHT SERVICE [_Patent Roll, 31 Edward I, m. 12d_], 1303.
The King to the sheriff of York, greeting. Though we lately commanded you that you should cause to be summoned archbishops, bishops, abbots, priors and other ecclesiastical persons, and also widows and other women of your bailiwick, who hold of us in chief by knight service or by serjeanty, or hold of the guardianships of archbishoprics and bishoprics or other guardianships or wardships in our hand, that they should have at our side on the feast of Whitsunday next coming at Berwick-upon-Tweed their whole service due to us, well furnished with horses and arms, and ready to march with us and with others our faithful against the Scots, our enemies; wishing, however, on this occasion graciously to spare the labours of the same prelates, religious persons, women and others, who are unskilled in or even unfit for arms, we command you, straitly enjoining, that forthwith on sight of these presents, in full county-court and none the less in market towns and elsewhere throughout the whole of your bailiwick where you shall deem most expedient, you cause it to be publicly proclaimed that the same prelates, religious persons, women and others insufficient or unfit for arms, who owe us their service and are willing to make fine with us for the same service, come before our treasurer and barons of the Exchequer on the morrow of the Ascension of the Lord next coming, or sooner, if they can, at York, or then send some one thither on their behalf, to make fine with us for their service aforesaid, and to pay the same fine to us on the same morrow, to wit, 20l. for a knight's fee and otherwise in proportion to their knight service or serjeanty due to us in this behalf; or else that they be at our side on the aforesaid feast of Whitsunday with horses and arms, and the whole of their service, as they are bound; and that you have this writ at our said Exchequer on the morrow abovesaid. Witness the King at Laneham, 16 April.
19. THE ASSESSMENT OF A TALLAGE [_Patent Roll, 8 Edward II_, p. 1, _m._ 14, _schedule_], 1314.
The King to his beloved and faithful, Hervey de Stanton, Henry le Scrop, John de Merkingfeld and Ralph de Stokes, greeting. Whereas in the sixth year of our reign we caused our cities, boroughs and demesnes throughout England to be tallaged, and certain our lieges to be appointed in the counties of our realm to assess our tallage in our cities, boroughs and demesnes, separately by heads or in common, as they should deem the more expedient for our advantage, and that tallage for certain causes yet remains to be assessed in our city of London: We appoint you to assess that tallage in the city aforesaid and the suburb of the same separately by heads or in common, as you shall deem the more expedient for our advantage. And therefore we command you that without delay you go to the city aforesaid and the suburb of the same to assess the said tallage according to the means of the tenants of the same city and suburb, to wit, from their moveables a fifteenth and from their rents a tenth, so that that tallage be assessed as soon as possible, and the rich be not spared nor the poor burdened overmuch in this behalf; and that after that tallage be assessed in the form aforesaid, you deliver estreats thereof under your seals without delay to our sheriffs of London separately for that tallage to be levied without delay and paid to us at our Exchequer; and that you apply such diligence upon the expedition of the premises that we may deservedly commend you thereupon, in no wise omitting to appear at the Exchequer aforesaid as soon as you conveniently can to certify our treasurer and barons of the Exchequer aforesaid of that which you shall have done in the premises; for we have commanded our sheriffs of the city aforesaid that when they be forewarned by you, three or two of you, they cause to come before you, three or two of you, all those of the city and suburb aforesaid whom they shall deem necessary for the said tallage, and that they be aiding and attending to you hereon, as you shall enjoin upon them on our behalf. In witness whereof, etc. Witness the King at Spalding, 24 October, in the eighth year.
20. A WRIT _Precipe_ [_Chancery Files_], _c._ 1200.
G. Fitz Peter,[69] earl of Essex, to the sheriff of York, greeting. Command (_precipe_) Ralph de Nevill justly and without delay to render to Robert, son of Richard de Haverford, Fivelay and Moseton and Sloxton with the appurtenances which the same Robert claims to be his right and inheritance, and whereof he complains that Ralph unjustly deforces him; and if he refuse and Robert give us security to prosecute his claim, summon the same Ralph by good summoners to be before us at Westminster on the quinzaine of Michaelmas to show wherefore he does it not; and have there the summoners and this writ. Witness H. Bard at Shoreham, 21 June.[70]
21. ARTICLES OF ENQUIRY TOUCHING RIGHTS AND LIBERTIES AND THE STATE OF THE REALM, 2 EDWARD I.[71] [_Patent Roll, 2 Edward I., m. 6_], 1274.
How many and what demesne manors the King has in his hand in every county, as well, to wit, of ancient demesnes of the crown, as of escheats and purchases.
Also what manors used to be in the hands of Kings, the King's predecessors, and who hold them now and by what warrant and from what time, and by whom and in what manner they were alienated.
Also touching fees of the lord the King, and his tenants who now hold them of him in chief, and how many fees each of them holds, and what fees used to be holden of the King in chief and are now holden by a mesne lord, and by what mesne, and from what time they have been alienated, and how and by whom.
Also touching the lands of tenants of the ancient demesne of the crown, as well free sokemen as bond, whether [holden] by bailiffs or by the same tenants, and by what bailiffs and by what tenants, and by whom they have been alienated, how and at what time.
In like manner let enquiry be made touching the farms of hundreds, wapentakes and ridings, cities, boroughs and other rents whatsoever, and from what time [they have been alienated].
Also how many hundreds, wapentakes and ridings are now in the hand of the lord the King, and how many and what are in the hands of others, and from what time and by what warrant, and how much each hundred is worth yearly.
Touching ancient suits, customs, services and other things withdrawn from the lord the King and his ancestors, who have withdrawn them and from what time, and who have appropriated to themselves such suits, customs and other things pertaining to the lord the King and accustomed, and from what time and by what warrant.
Also what other persons claim from the King to have the return and estreats of writs, and who hold pleas of replevin,[72] and who claim to have wreck of sea,[73] by what warrant, and other royal liberties, as gallows, assizes of bread and ale, and other things that pertain to the crown, and from what time.
Also touching those who have liberties granted to them by Kings of England and have used them otherwise than they ought to have done, how, from what time, and in what manner.
Again, touching liberties granted which hinder common justice and subvert royal power, and by whom they were granted, and from what time.
Further, who have newly appropriated to themselves free chaces or warrens without warrant, and likewise who have had such chaces and warrens from of old by grant of the King, and have exceeded the bounds and metes thereof, and from what time.
Also what lords or their stewards or bailiffs whosoever or also the ministers of the lord the King have not suffered execution of the commands of the lord the King to be made, or also have contemned to do them or in any wise hindered them from being done, from the time of the constitutions made at Marlborough in the 52nd year of the reign of the lord King Henry, father of the King that now is.
Again, touching all purprestures[74] whatsoever made upon the King or the royal dignity, by whom they have been made, how, and from what time.
Touching knights' fees of every fee soever, and land or tenements given or sold to religious or others to the prejudice of the King, and by whom, and from what time.
Touching sheriffs taking gifts for consenting to conceal felonies done in their bailiwicks, or who have been negligent in attaching such felons by any favour, as well within liberties as without; and in like manner touching clerks and other bailiffs of sheriffs, touching coroners and their clerks and bailiffs whomsoever, who have so done in the time of the lord King Henry after the battle of Evesham, and in the time of the lord the King that now is.
Touching sheriffs and bailiffs whomsoever taking gifts for removing recognitors from assizes and juries, and from what time.
Again, touching sheriffs and bailiffs whomsoever who have amerced for default those who were summoned to inquisitions made by command of the lord the King, when by the same summons sufficient persons came to make such inquisitions, and how much and from whom they have taken for the cause aforesaid, and at what time.
Again, touching sheriffs who have delivered to bailiffs, extortionate and burdensome to the people beyond measure, hundreds, wapentakes or ridings at high farms, that so they might raise their farms; and who were those bailiffs and on whom such damages were inflicted, and at what time.
Again, when sheriffs ought not to make their tourn save twice a year, who have made their tourn more often in a year, and from what time.
Again, when fines for redisseisin or for purprestures made by land or water, for hiding of treasure and for other such things, pertain to the lord the King, and sheriffs ought to attach the same, who have taken such fines, and from whom and how much.
Again, who by the power of their office have troubled any maliciously and hereby extorted lands, rent or other payments, and from what time.
Who have received command of the lord the King to pay his debts and have received from the creditors any portion for paying them the residue, and nevertheless have caused the whole to be allowed them in the Exchequer or elsewhere, and from what time.
Who have received the King's debts or part of his debts and have not acquitted the debtors, as well in the time of the lord King Henry as in the time of the lord the King that now is.
Who have summoned any to be made knights and have received bribes from them to have respite, and how much and at what time. And if any great men or others without the King's command have distrained any to take up arms, and at what time.
Again, if any sheriffs or bailiffs of any liberty soever have not made summons in due manner according to the form of the writ of the lord the King, or have otherwise fraudulently or insufficiently executed the royal commands through prayer, price or favour, and at what time.
Again, touching those who have had approvers[75] imprisoned and have caused them to appeal[76] loyal and innocent persons for the sake of gain, and sometimes have hindered them from appealing guilty persons, and from what time.
Again, who have had felons imprisoned and permitted them for money to depart and escape from prison free and unpunished, and who have extorted money for dismissing prisoners by plevin,[77] when they have been replevied, and from what time.
Again, who have received any gifts or bribes for exercising or not exercising or executing their offices, or have executed the same or exceeded the limits of the King's command otherwise than pertained to their office, and at what time.
And let all these things be enquired of, as well in the case of sheriffs, coroners, their clerks and bailiffs whomsoever, as in the case of lords and bailiffs of liberties whatsoever.
Again, what sheriffs or keepers of castles or manors of the lord the King, for any [works], or also what surveyors of such works wheresoever made by the King's command, have accounted for a greater sum in the same than they have reasonably spent and hereupon have procured false allowances to be made to them. And likewise who have retained or moved away to their own use stone, timber or other things bought or purveyed for such works, and what and how much damage the lord the King has had thence, and at what time.
Touching escheators and subescheators, during the lord the King's seisin, doing waste or destruction in woods, parks, fishponds, warrens within the wardships committed to them by the lord the King, how much, and in the case of whom, and in what manner and at what time.
Again, touching the same, if by reason of such seisin they have unjustly taken goods of deceased persons or of heirs into the hand of the lord the King, until they were redeemed by the same, and what, and how much they have so taken for such redemption and what they have retained thereof to their own use, and at what time.
Again, touching the same, who have taken gifts from any for executing or not executing their office, how much and from whom and at what time.
Again, touching the same, who have insufficiently extended[78] the lands of any man for favour to him or another to whom the wardship of those lands should be given, sold or granted, to the deception of the lord the King, and where and in what manner, and if they have taken anything therefor, and how much, and at what time.[79]
[Footnote 69: Geoffrey Fitz Peter, justiciar of England, 1198-1213.]
[Footnote 70: It was to writs of this nature that the barons objected. _Cf. Magna Carta_, 34. "The writ called _Precipe_ shall not hereafter be issued to any one touching any tenement, whereby a freeman may lose his court." It illustrates the method by which the King stole from the barons the administration of justice.]
[Footnote 71: Printed in Foedera, I., ii., 517.]
[Footnote 72: The recovery of goods equivalent in value to goods wrongfully seized by way of distraint.]
[Footnote 73: For a curious instance of this liberty, _see_ No. 22.]
[Footnote 74: Encroachments.]
[Footnote 75: A criminal who turns King's evidence.]
[Footnote 76: To bring an action for treason or felony.]
[Footnote 77: Surety or pledge.]
[Footnote 78: Surveyed.]
[Footnote 79: The results of this enquiry were embodied in the Hundred Rolls and served as a basis for the _Placita de quo warranto_; these records are as important for the thirteenth century as is Domesday Book for the eleventh.]
22. WRECK OF SEA [_Fine Roll, 10 Edward III, m._ 1], 1337.
The King to the sheriff of Kent, greeting. Because we have been given to understand that a great mass of a whale lately cast ashore by the coast of the river Thames between Greenwich and Northfleet in your county, which should pertain to us as our wreck, and whereof a great part has been carried away by certain evildoers in contempt of us, remains still in your keeping, to be delivered to us or others at our command, as is fitting: We order you, straitly enjoining on you, that you cause all of the whale aforesaid, which is thus in your keeping, to be entirely delivered without any delay to our beloved and trusty Nicholas de la Beche, constable of our Tower of London, to be kept to our use, as has been more fully enjoined on him by us; and that you in no wise neglect so to do; for we have commanded the same Nicholas to receive from you that mass, to be kept in the form aforesaid. Witness the King at Westminster 14 January. By the King himself.
SECTION III
THE JEWS
1. Charter of liberties to the Jews, 1201--2. Ordinances of 1253--3. Expulsion of a Jew, 1253--4. Punishment for non-residence in a Jewry, 1270--5. Grant of a Jew, 1271--6. Ordinances of 1271--7. Removal of Jewish communities from certain towns to others, 1275--8. Disposition of debts due to Jews after their expulsion, 1290.
The documents in the following section illustrate the anomalous position of the Jews in England, the nature of the royal protection, which accorded them a security due to them as the king's personal property (No. 1), the restrictions put upon their religious and social life (No. 2) and upon their possession of land (No. 6), the summary treatment dealt out to them if they failed to fulfil their function (No. 3), or dwelt outside the narrow range of a Jewry-town (No. 4), the arbitrary manner in which they were transferred from person to person, or uprooted from one town and transplanted (Nos. 5 and 7), and the manner of their expulsion (No. 8).
Their function in the state was twofold, to supply the crown at any moment with ready money, and to act as a channel for the conveyance to the king of the property of his subjects. The degree of their usefulness must be gauged by the provisions of their charter (No. 1). It is reasonable to suppose that their expulsion was only determined on when the crown had drained their resources, or when, as was the case, there were other supplies available from a class of financiers less obnoxious to the racial and religious prejudices of the age. The place of the Jews was immediately occupied by the merchants of Lucca, and later by the Friscobaldi, the Bardi and Peruzzi and other wealthy societies of Italian merchant-bankers.
AUTHORITIES
The principal modern writers dealing with the subject in this section are:--Jacobs, _The Jews in Angevin England_; Jacobs, _London Jewry_ (Anglo-Jewish Exhibition Papers); Gross, _Exchequer of the Jews_ (Anglo-Jewish Exhibition Papers); Rigg, _Select Pleas of the Exchequer of the Jews_ (Selden Society); Rye, _Persecution of the Jews in England_ (Anglo-Jewish Exhibition Papers); Abrahams, _The Expulsion of the Jews from England_.
1. CHARTER OF LIBERTIES TO THE JEWS[80] [_Charter Roll, 2 John, m._ 5.], 1201.
John by the grace of God, etc. Know ye that we have granted to all Jews of England and Normandy that they may freely and honourably reside in our land, and hold of us all things that they held of King Henry, our father's grandfather, and all things that they now hold reasonably in their lands and fees and pawns and purchases, and that they may have all their liberties and customs as well and peaceably and honourably as they had them in the time of the aforesaid King Henry, our father's grandfather.
And if a plaint shall have arisen between Christian and Jew, he who shall have appealed the other shall have witnesses for the deraignment of his plaint, to wit, a lawful Christian and a lawful Jew. And if the Jew shall have a writ touching his plaint, his writ shall be his witness; and if a Christian shall have a plaint against a Jew, it shall be judged by the Jew's peers.
And when a Jew be dead, his body shall not be detained above ground, but his heir shall have his money and his debts; so that he be not disturbed thereon, if he have an heir who will answer for him and do right touching his debts and his forfeit.
And it shall be lawful for Jews without hindrance to receive and buy all things which shall be brought to them, except those which are of the Church and except cloth stained with blood. And if a Jew be appealed by any man without witness, he shall be quit of that appeal by his bare oath upon his Book. And in like manner he shall be quit of an appeal touching those things which pertain to our crown, by his bare oath upon his Roll.
And if there shall be dispute between Christian and Jew touching the loan of any money, the Jew shall prove his principal and the Christian the interest.
And it shall be lawful for the Jew peaceably to sell his pawn after it shall be certain that he has held it for a whole year and a day.
And Jews shall not enter into a plea save before us or before those who guard our castles, in whose bailiwicks Jews dwell.
And wherever there be Jews, it shall be lawful for them to go whithersoever they will with all their chattels, as our own goods, and it shall be unlawful for any to retain them or to forbid them this freedom.
And we order that they be quit throughout all England and Normandy of all customs and tolls and prisage of wine, as our own chattel. And we command and order you that you guard and defend and maintain them.
And we forbid any man to implead them touching these things aforesaid against this charter, on pain of forfeiture to us, as the charter of King Henry, our father, reasonably testifies. Witnesses; Geoffrey Fitz Peter, Earl of Essex; William Marshal, Earl of Pembroke; Henry de Bohun, Earl of Hereford; Robert de Turnham; William Briwere; etc. Dated by the hand of Simon, Archdeacon of Wells, at Marlborough, on the 10th day of April in the second year of our reign.
[Footnote 80: Printed in Selden Society Publications, Vol. 15, p. 1.]
2. ORDINANCES OF 1253[81] [_Close Roll, 37 Henry III, m._ 18].
The King has provided and decreed, etc., that no Jew dwell in England unless he do the King service, and that as soon as a Jew shall be born, whether male or female, in some way he shall serve the King. And that there be no communities of the Jews in England save in those places wherein such communities were in the time of the lord King John, the King's father. And that in their synagogues the Jews, one and all, worship in subdued tones according to their rite, so that Christians hear it not. And that all Jews answer to the rector of the parish in which they dwell for all parochial dues belonging to their houses. And that no Christian nurse hereafter suckle or nourish the male child of any Jew, and that no Christian man or woman serve any Jew or Jewess, nor eat with them, nor dwell in their house. And that no Jew or Jewess eat or buy meat in Lent. And that no Jew disparage the Christian faith, nor publicly dispute touching the same. And that no Jew have secret intercourse with any Christian woman, nor any Christian man with a Jewess. And that every Jew wear on his breast a conspicuous badge. And that no Jew enter any church or any chapel save in passing through, nor stay therein to the dishonour of Christ. And that no Jew in any wise hinder another Jew willing to be converted to the Christian faith. And that no Jew be received in any town without the special licence of the King, save in those towns wherein Jews have been wont to dwell.[82]
And the justices appointed to the guardianship of the Jews are commanded to cause these provisions to be carried into effect and straitly kept on pain of forfeiture of the goods of the Jews aforesaid. Witness the King at Westminster on the 31st day of January.
By the King and Council.
[Footnote 81: Printed in Selden Society Publications, Vol. 15, p. xlviii.]
[Footnote 82: See below, No. 6.]
3. EXPULSION OF A JEW[83] [_Jews' Plea Rolls, 6, m. 8_], 1253.
The King, etc., to the sheriff of Kent, etc. Know that we caused to be assessed before us upon Salle, a Jew, a tallage to be rendered on Wednesday next before Whitsunday in the thirty-seventh year, and because the same Jew rendered not his tallage on the said day, and on the same day received a command on our behalf before the justices [appointed to the guardianship of the Jews] that within three days after the aforesaid Wednesday he should make his way to the port of Dover to go forth there with his wife and never to return, saving to the King his lands [rents and tenements and chattels]: We command you that by oath of twelve [good and lawful men] you make diligent enquiry what lands [rents and tenements and chattels] he had on the said day, and who [holds or hold the same] and how much they are worth, saving the service, etc., and how much they are worth for sale; and that you enquire also by oath, etc., what chattels he had in all chirographs outside the chest, and what they are worth, and to whose hands they have come, and that you cause proclamation to be made that none of Salle's debtors hereafter render a penny to him,--let the proclamation be made in every hundred, city, etc.,--and that you take into our hand all the lands, rents and tenements and chattels aforesaid, and keep them safely until [we make other order thereon]; and let the inquisition come on the morrow of Holy Trinity.
[Footnote 83: Printed in Selden Society Publications, Vol. 15, p. 29.]
4. PUNISHMENT FOR NON-RESIDENCE IN A JEWRY[84] [_Jews' Plea Rolls, 6, m._ 7d.], 1270.
Devon. Because Jacob of Norwich, a Jew, dwells at Honiton without the King's licence, where there is no community of Jews, the sheriff is ordered to take into the King's hand all goods and chattels of Jacob, and to keep them safely until [the King make other order thereon], and to have his body before [the justices appointed to the guardianship of the Jews] on the octave of Holy Trinity, to answer, etc.; and to certify [the Treasurer and Barons of the Exchequer] what goods [and chattels] of the said Jacob he has taken, On the same day, etc.
[Footnote 84: Printed in Selden Society Publications, Vol. 15, p. 61.]
5. GRANT OF A JEW[85] [_Jews' Plea Rolls, 6, m. 10_], 1271.
Henry, etc., to all, etc., greeting. Whereas we have given and granted to Edmund, our dearest son, Aaron, son of Vives, a Jew of London, with all his goods and chattels and other things which may pertain to us touching the aforesaid Jew; We, at the instance of our aforesaid son, willing to show more abundant grace to the aforesaid Aaron, grant that in all pleas moved or to be moved for or against him, there be associated with the justices appointed to the guardianship of the Jews, on behalf of and by the choice of our son, an assessor to hear and determine those pleas according to the Law and Custom of Jewry. We have granted also to the same Jew that by licence of our aforesaid son he may give and sell his debts to whomsoever he will, and that any man soever may buy them, notwithstanding the Provision made of late that no Jew may sell his debts to any Christians, and that no Christian may buy the same, without our will and licence. In witness whereof, etc. Witness myself at Westminster on the---- day of January in the 55th year of our reign.
[Footnote 85: Printed in Selden Society Publications, Vol. 15, p. 62.]
6. ORDINANCES OF 1271[86] [_Patent Roll, 55 Henry III, m._ 10d.].
The King to his beloved and trusty men, his Mayor and Sheriffs of London, and to all his bailiffs and trusty men to whom [these present letters shall come], greeting. Know ye that to the honour of God and the Church Universal, and for the amendment and profit of our land and the relief of Christians from the damages and burdens which they have borne on account of the freeholds which the Jews of our realm claim to have in lands, tenements, fees, rents and other holdings; and that prejudice may not grow hereafter to us or the commonalty of our realm or to the realm itself: We have provided by the counsel of the prelates, magnates and chiefs who are of our council, and also have ordained and decreed for us and our heirs that no Jew have a freehold in manors, lands, tenements, fees, rents and holdings whatsoever by charter, gift, feoffment, confirmation or any other obligation, or in any other wise; so however that they may dwell hereafter in their houses in which they themselves dwell in cities, boroughs or other towns, and may have them as they have been wont to have them in times past; and also that they may lawfully let to Jews only and not to Christians other their houses, which they have to let; so, however, that it be not lawful for our Jews of London to buy or in any other wise purchase[87] more houses than they now have in our city of London, whereby the parish churches of the same city or the rectors of the same may incur loss. Nevertheless the same Jews of London shall be able to repair their ancient houses and buildings formerly demolished and destroyed, and restore them at their will to their former condition. We have also provided and decreed by the same our council that touching their houses aforesaid to be dwelt in or let, as is aforesaid, no Jew plead or be able to plead by our original writs of Chancery but only before our justices appointed to the guardianship of the Jews by the writs of Jewry hitherto used and accustomed. Touching lands and holdings, however, whereof Jews were enfeoffed before the present Statute, which also they now hold, we will that such infeudations and gifts be totally annulled, and that the lands and tenements remain to the Christians who demised the same to them; so, however, that the Christians satisfy the Jews of the money or chattel specified in their charters and chirographs,[88] which the Jews gave to the Christians for such gift or infeudation, without interest; with this condition added, that if those Christians cannot satisfy them thereof forthwith, it be lawful for the Jews aforesaid to demise those tenements to other Christians, until their chattels can be levied therefrom without interest by reasonable extent, according to the true value of the same, saving, however, to the Christians their lodging, so that the Jew receive therefrom his money or chattel by the hands of Christians and not of Jews, as is aforesaid. And if it happen that any Jew hereafter receive feoffment from any Christian of any fee or tenement against the present Statute, the Jew shall altogether lose the said tenement or fee, and the same shall be taken into our hand and kept safely, and those Christians or their heirs shall have again that land or tenement from our hand; so, however, that they then pay to us the whole sum of money which they received from the Jews for such feoffment; or if their means are not sufficient therefor, then they shall render to us and our heirs at our Exchequer yearly the true value of those tenements or fees, by true and reasonable extent of the same, until we be fully satisfied of such money or chattel.
Moreover touching nurses of young children, bakers, brewers, and cooks employed by Jews, because Jews and Christians are diverse in faith, we have provided and decreed that no Christian man or woman presume to minister to them in the aforesaid services.
And because Jews have long been wont to receive by the hands of Christians certain rents of lands and tenements of Christians as in perpetuity, which rents were also called fees, we will and have decreed that the Statute made of late by us thereon remain in full force, and be not impaired in any wise by the present Statute.
And therefore we command, straitly enjoining on you, that you cause the Provision, Ordinance and Statute aforesaid to be publicly proclaimed throughout your whole bailiwick, and to be straitly kept and observed. In witness whereof, etc. Witness the King at Westminster, July 25.
In the same manner order is made to the several sheriffs throughout England.
[Footnote 86: Printed in Selden Society Publications, Vol. 15, p. 1.]
[Footnote 87: _i.e._, Acquire.]
[Footnote 88: Indented bonds.]
7. REMOVAL OF JEWISH COMMUNITIES FROM CERTAIN TOWNS TO OTHERS[89] [_Jews' Plea Rolls, 18, m. 6_], 1275.
By writ of the lord the King directed to the justices in these words:--Whereas by our letters patent we have granted to our dearest mother, Eleanor, Queen of England, that no Jew shall dwell or stay in any towns which she holds in dower by assignment of the lord King Henry, our father, and of ourself, within our realm, so long as the same towns be in her hand; and for this cause we have provided that the Jews of Marlborough be transferred to our town of Devizes, the Jews of Gloucester to our town of Bristol, the Jews of Worcester to our town of Hereford, and the Jews of Cambridge to our city of Norwich, with their Chirograph Chests, and with all their goods, and that henceforth they dwell and stay in the aforesaid towns and city among the rest of our Jews there: We command you that you cause the aforesaid Jews of Marlborough, Gloucester, Worcester and Cambridge to be removed from those towns, without doing any damage to them in respect of their persons or their goods, and to transfer themselves to the places aforesaid with their Chirograph Chests, as safely to our use as you shall think it may be done. Witness myself at Clarendon on the 16th day of January in the third year of our reign.
The sheriffs of the counties aforesaid, and the constables, are ordered to cause the aforesaid Jews to be transferred to the places aforesaid.
[Footnote 89: Printed in Selden Society Publications, Vol. 15, p. 85.]
8. DISPOSITION OF DEBTS DUE TO JEWS AFTER THEIR EXPULSION[90] [_Close Roll, 18 Edward I, m. 1_], 1290.
Edward etc. to the Treasurer and Barons of the Exchequer, greeting. Whereas formerly in our Parliament at Westminster on the quinzaine of St. Michael in the third year of our reign, to the honour of God and the profit of the people of our realm, we ordained and decreed that no Jew thenceforth should lend anything at usury to any Christian on lands, rents or other things, but that they should live by their commerce and labour; and the same Jews, afterwards maliciously deliberating among themselves, contriving a worse sort of usury which they called courtesy (_curialitatem_), have depressed our people aforesaid on all sides under colour thereof, the last offence doubling the first; whereby, for their crimes and to the honour of the Crucified, we have caused those Jews to go forth from our realm as traitors: We, wishing to swerve not from our former choice, but rather to follow it, do make totally null and void all manner of penalties and usuries and every sort thereof, which could be demanded by actions by reason of the Jewry from any Christians of our realm for any times whatsoever; wishing that nothing be in any wise demanded from the Christians aforesaid by reason of the debts aforesaid, save only the principal sums which they received from the Jews aforesaid; the amount of which debts we will that the Christians aforesaid verify before you by the oath of three good and lawful men by whom the truth of the matter may the better be known, and thereafter pay the same to us at terms convenient to them to be fixed by you. And therefore we command you that you cause our said grace so piously granted to be read in the aforesaid Exchequer, and to be enrolled on the rolls of the same Exchequer, and to be straitly kept, according to the form above noted. Witness myself at King's Clipstone on the 5th day of November in the eighteenth year of our reign.
[Footnote 90: Printed in Selden Society Publications, Vol. 15, p. xl.]
SECTION IV
THE MANOR
1. Extent of the manor of Havering, 1306-7--2. Extracts from the Court Rolls of the manor of Bradford, 1349-58--3. Deed illustrating the distribution of strips, 1397--4. Regulation of the common fields of Wimeswould, _c._ 1425--5. Lease of a manor to the tenants, 1279--6. Grant of a manor to the customary tenants at fee farm, _ante_ 1272--7. Lease of manorial holdings, 1339--8. An agreement between lord and tenants, 1386--9. Complaints against a reeve, 1278--10. An eviction from copyhold land, _temp._ Hen. IV.-Hen. VI.--11. Statute of Merton, 1235-6--12. An enclosure allowed, 1236-7--13. An enclosure disallowed, 1236-7--14. A villein on ancient demesne dismissed to his lord's court, 1224--15. Claim to be on ancient demesne defeated, 1237-8--16. The little writ of right, 1390--17. Villeinage established, 1225--18. Freedom and freehold established, 1236-7--19. A villein pleads villeinage on one occasion and denies it on another, 1220--20. An assize allowed to a villein, 1225--21. A freeman holding in villeinage, 1228--22. Land held by charter recovered from the lord, 1227--23. The manumission of a villein, 1334--24. Grant of a bondman, 1358--25. Imprisonment of a gentleman claimed as a bondman, 1447--26. Claim to a villein, _temp._ Hen. IV.-Hen. VI.--27. The effect of the Black Death, 1350--28. Accounts of the iron-works of South Frith before and after the Black Death, 1345-50.--29. The Peasants' Revolt, 1381.
The attempt to find an inclusive definition of the manor, true alike for every century and for all parts of the country, involves a risk of divorcing the institution from its historical associations, and of depriving it of its social and economic significance. The typical manor exists only in theory, actual manors being continuously modified by the inevitable changes due to the growth of population and commercial expansion. Such modifications of economic structure proceeded with great rapidity between the Conquest and the beginning of the fourteenth century. A comparison of the neat simplicity of the royal manor of Havering in Domesday Book (Section I., No. 10) with its highly complex organisation in the time of Edward I. (below, No. 1), reveals an extraordinary development; the 10 hides, 40 villeins and 40 ploughs of the one are represented by the 40 virgates of the other, but the elaborate hierarchy of tenants in the later survey throws into strange relief the primitive customary nucleus and gives it the appearance already of an archaic survival. It is reasonable to assume that the generation which immediately followed the Conquest witnessed a crystallisation of custom, which preserved untouched for centuries the lord's demesne and the common fields; while on the other hand the colonisation of the waste by progressive enclosures slowly altered the social balance, emphasising the disabilities of the villein class and widening the gulf between lord and customary tenant. The economic position of the customary tenants was becoming worse by the operation of natural laws, for not only was the subdivision of the virgates reaching its limits, but common rights were being continuously diminished by enclosure. Large numbers of the Havering virgaters in 1307 were occupying quite small holdings, while the purprestures, or encroachments on the waste, were becoming formidable. These considerations suggest that early manorial history can best be studied by investigations into the extent of enclosure in the twelfth and thirteenth centuries, and that concentration on the unprogressive nucleus of the manor, on villeinage and customary tenure, may well blind the student to the greater economic significance of the developments outside the common fields. It thus appears probable that the visitation of the Black Death will fall into place as an incident rather than an epoch.
The documents given below attempt to illustrate manorial history in both its praedial and its personal aspects. The essential features of the manor, in its legal aspect, namely, the customary court, customary tenure, and customary services, are shown in the Extent (No. 1) and the extracts from a Court Roll (No. 2), while the common-field system and the distribution of strips appear in Nos. 3 and 4. The commutation of service for rent (Nos. 1, 8, 9) and the transition from customary to leasehold tenure (Nos. 7, 10) show natural forces at work undermining the traditional economy; while the leasing of customary holdings (No. 7) or of a whole manor to all the tenants in common (No. 5) or to a farmer (No. 10), the grant of manors to the tenants at fee farm in perpetuity (No. 6), and the enclosure of waste (Nos. 1, 11, 12, 13), illustrate the wide range of variety possible in the actual management of the agricultural unit. There appears to be little doubt that the villeins suffered a considerable depression as the result of the Norman Conquest; their refusal, however, to acquiesce permanently in the changed conditions is clear from their continued efforts to rise out of their disabilities and to improve their social and economic status, a movement which begins by the attempts of individuals to climb in the scale by flight (No. 2), by claims to be on the king's ancient demesne (Nos. 14, 15), and by the bringing of actions before the justices of assize, a procedure open only to freemen (Nos. 17-22), and gathers force in the fourteenth century until it culminates in the "great fellowship" which organised a self-conscious class revolt throughout the country (No. 29). No. 16 is an instance of the little writ of right, one of the privileges of the favoured tenants on ancient demesne. Manumission was always a possible method of achieving freedom (No. 23), and it may be that the grant of a bondman (No. 24) was a stage in the process of emancipation. Manumission became common at a time when the demand for English wool was encouraging pasture at the sacrifice of tillage, but even in the fifteenth century men might suffer atrocious ignominy through the imputation of villeinage (Nos. 25, 26). The dislocation caused by the Black Death is dramatically illustrated in the Court-Roll (No. 2), the letter from the abbot of Selby (No. 27), and the accounts of the South Frith iron-works in the year before and the year after the first visitation (No. 28); it is to be noted, in the latter document, that for the years 1347-8 and 1348-9 there are no accounts extant at all.
AUTHORITIES
The principal modern writers dealing with the subject in this section are:--Pollock and Maitland, _History of English Law_; Vinogradoff, _Villeinage in England_; Ashley, _The Character of Villein Tenure_ (English Historical Review, VIII.); Rogers, _History of Agriculture and Prices_; Rogers, _Six Centuries of Work and Wages_; Maitland, _History of a Cambridgeshire Manor_; Bateson, _Mediæval England_; Vinogradoff, _Oxford Studies in Social and Legal History, II._; Hone, _The Manor and Manorial Records_; Elton, _Custom and Tenant Right_; Gasquet, _The Great Pestilence_; Little, _The Black Death in Lancashire_ (English Historical Review, V.); Oman, _The Great Revolt_; Powell, _The Rising in East Anglia in 1381_.
_Documentary authorities_:--Durham Halmote Rolls (Surtees Society); Custumals of Battle Abbey (Camden Society); Boldon Book Survey of Possessions of the See of Durham (Surtees Society); Select Pleas in Manorial Courts (Maitland, Selden Society); The Court Baron (Maitland & Baildon, Selden Society); Cartulary of Ramsey Abbey (Rolls Series); Inquisition of Manors of Glastonbury Abbey (Roxburgh Club); Manchester Court Leet Records (Harland, Chetham Society). A large number of manorial records are edited among the publications of the Society of Antiquaries and County Record and Archæological Societies.
_Literary authorities_:--Robert Grossteste, _Epistoloe_ (Rolls Series); Walter of Henley, _Husbandry_ (Lamond); _Piers Plowman_; Chaucer, _Canterbury Tales_.
1. EXTENT OF THE MANOR OF HAVERING [_Rentals and Surveys, Roll_ 189], 1306-7.
The Manor of Havering extended by the order of the King before ... and Richard le Rus in the thirty-fifth year of the reign by Richard of the Elms (_de Ulmis_)[91]....
Who say on their oath that the King has there in demesne 223-1/2 acres of arable land, whereof the acre is worth 6d. a year.
Sum, 111s. 9d.
Further, 38 acres of arable land, which Adam de Rumford holds, which are of the demesne and were arrented by William Brito and his fellows, as is found below.
Further, 5 acres of arable land, which Walter le Blake holds, and they are of the demesne and were arrented by the same as below, etc.
Further, 15 acres of meadow, whereof each is worth 16d. a year.
Sum, 20s.
Further, 4 acres of meadow, which Baldwin le Blund holds, which are of the demesne and were arrented by the same as below, etc.
Further, 23 acres of several pasture, whereof each is worth 14-1/4d. a year.
Sum, 27s. 3-3/4d.
Further, they say that the King can have in the common pasture, to wit, in the woods, heaths and marshes, his oxen and cows, sheep, horses and swine and other his beasts at his will, and so that all the tenants of the same manor may have their beasts and all their cattle in the aforesaid common when they will. And if the King have no beasts in the common, he shall take nothing therefor.
Further, they say that the King has a plot of land in his park enclosed with hedge and dyke, which is called the King's garden; but it is not tilled; therefore there is no profit.
Further, they say that the King has there his park enclosed round with a paling, and as well the men of the same manor as others of the neighbourhood outside the manor ought to renew and repair that paling as often as need be,[92] according as is found below; and in that park no cattle nor any beasts ought to enter except by licence of the King's bailiff. And if any cattle or any beasts enter the same park without licence of the bailiff, they are forfeit and must be ransomed at the will of the bailiff, if they are foreign, and if they are of the manor, then they are to be ransomed for 1d. for each foot, if it please the bailiff to take so much.
Further, they say that the King has in the same manor three foreign woods pertaining to the aforesaid manor, which the King's bailiffs of the same manor have always had in keeping, together with the aforesaid manor, and they have had attachments and all other esplees[93] of the same woods, to complete the farm of the same manor, to wit, Westwode, Haraldeswode and Crocleph. And in those three woods all the tenants of the same manor ought to have common of herbage for all their beasts and all their cattle throughout the whole year, except between the feast of Michaelmas and the feast of Martinmas,[94] and then also there may enter into the same woods the horses of the aforesaid tenants, as also throughout the whole year, and the swine of the same tenants for pannage,[95] and no other beasts. And if sheep or oxen be found in the aforesaid woods, or geese, except when driven to the water or the market or elsewhere, so that they make no stay in the same, whosesoever they be, they ought to be imparked and kept until they shall have satisfied the King's bailiff for that trespass. And if within the aforesaid time any foreign beast, which does not belong to any tenant of the manor, be found in the aforesaid woods, the King's bailiff can ransom it, to wit, for 40d. for each ox or cow, or 1d. for each foot of each beast, or otherwise, as he shall please, within 40d. And if any foreign cart shall pass through the aforesaid woods within the aforesaid time, it shall give to the King's bailiff 1d. of custom. And if any foreigner shall drive his beasts through the aforesaid woods within the aforesaid time, he shall give to the King's bailiff 1d. of custom. And these customs are called "leph" within the aforesaid time.
Further, they say that the King's bailiff ought to have all the wood thrown down by the wind and all windfall wood in the aforesaid three woods within the aforesaid time, to complete the farm of the manor.
And the pannage of the whole manor and the aforesaid customs called "leph" and the wood and windfall wood within the aforesaid time are extended in the profit of the manor at 100s.
Further, they say that no men of the foreign neighbourhood ought to have common in the aforesaid woods at any time of the year, nor ought their beasts or cattle to enter the aforesaid woods except by licence of the bailiff. And if they enter, they ought to be imparked and kept until they shall satisfy the bailiff for that trespass.
Further, they say that every customary cart which carries wood or charcoal or any other thing of custom for sale and passes through any of the aforesaid woods shall give to the bailiff 4d. of custom.
Names of the tenants holding virgate lands, and rents of the same virgates and customs which pertain to them.
[Sidenote: 3-1/2 virgates.]
John de Walda holds 3-1/2 virgates with their homages appurtenant and renders 76s. a year at the two terms, without customs.
Sum, 76s.
[Sidenote: Virgate.]
Maurice Algar holds 1\2 virgate with its homages appurtenant and renders 9s. a year at the two terms.
William the Smith holds two parts of half a virgate with its homages appurtenant and renders 6s. a year at the two terms.
Richard Maneland holds a third part of half a virgate with its homages and renders 3s. a year at the two terms.
Sum, 18s.
[Sidenote: Virgate].
Richard de Dovere holds one virgate with its homage appurtenant and renders 30s. a year at the two terms; which virgate was of Hamo Peverel.
Sum, 30s.
[Sidenote: Virgate.]
Nicholas de la Hulle holds a fourth part of a virgate with homages and renders 5s. a year.
Walter de la Hulle holds a fourth part of a virgate with homages and renders 4s. 2d. a year at the two terms.
Richard son of Thomas de Bruera holds a fourth part of a virgate with homages and renders 30d. a year at the two terms.
William Annore holds a fourth part of a virgate with homages and renders 6s. a year at the two terms.[96]
Sum, 17s. 8d.
* * * * *
[Sidenote: Virgate.]
William Emeline holds a third part of a fourth part of a virgate and renders 20d. a year at the two terms.
William Snelling holds a third part of a fourth part of a virgate and renders 20d. a year at the two terms.
John Dasel holds a third part of a fourth part of a virgate and renders 20d. a year at the two terms.
William Trilling holds two parts of half a virgate and renders 10s. a year at the two terms.
William Don holds a third part of half a virgate with homage at the Faucur and renders 5s. a year at the two terms.
Simon Pecoc holds a third part of a fourth part of a virgate and renders 2s. 6d. a year at the two terms.
Isabel Pecoc holds a third part of a fourth part of a virgate and renders 2s. 6d. a year at the two terms.
Richard the Fuller holds a third part of a fourth part of a virgate and renders 2s. 6d. a year at the two terms. Sum, 27s. 6d.
[Sidenote: Half a Virgate.]
Henry de la Bruer holds a fourth part of a virgate and renders 7s. 6d. a year at the two terms.
Simon Pecoc holds an eighth part of a virgate and renders 3s. 9d. at the two terms.
Isabel Pecoc holds an eighth part of a virgate and renders 3s. 9d. a year at the two terms. Sum, 15s.
Sum total of rent of 39 virgates a year: 46l. 9s. 5-1/2d.
[Sidenote: Virgate.]
Further, John de Walda holds a virgate of land which was arrented first to the use of the King in the presence of William Brito and his fellows, approvers, and renders therefor 30s. a year of rent of assize.
And thus there are in all in the aforesaid manor 40 virgates of land which render yearly in rent of assize:
Sum, 47l. 19s. 5-1/2d.
Further, from works of the aforesaid 40 virgates 14l. yearly.
And be it known that each virgate ought to do all the works underwritten, and the works of each virgate are worth by themselves 7s. a year.
Virgate works.--Further, it is acknowledged by the aforesaid jurors that each virgate in the aforesaid manor owes all the customs underwritten, and so in proportion half a virgate and other parts according to the portion and quantity of land, as the virgate is divided, to wit, to plough 4 acres a year in the winter season, and the ploughing of each acre is worth 4d. Further, it ought to harrow those 4 acres, and the harrowing of each acre is worth 1/2d. Further it ought to thresh and winnow 1 quarter of rye for seed, and that threshing and winnowing is worth 2d. Further it ought to reap, bind and cock 4 acres, and this custom is worth 3d. for each acre, to wit, of rye. Further it ought to plough 4 acres in the summer season, and the ploughing of each acre is worth 3d. Further it ought to harrow those 4 acres, and the harrowing of each acre is worth 1/2d. Further it ought to thresh and winnow 1-1/2 quarters of oats, and the threshing and winnowing is worth 1-1/2d. Further it ought to reap, bind and cock 4 acres of oats, and that custom is worth 2-1/2d. for each acre. Further it ought to find two men for one day to hoe until noon, and that custom is worth 2d. Further it ought to find two men for one day to hoe in the summer season until noon, and that custom is worth 2d. Further it ought to carry the corn from the field of the lord the King to the grange with one waggon for one day until noon, and that carrying is worth 3-1/2d. Further it ought to find four men to lift the hay in the meadow of the lord the King for one day, and that custom is worth 2d. Further it ought to carry a waggonload of hay, and each carrying is worth 3d. Further it ought to manure with manure of the lord the King 4 selions[97] 40 perches in length in the next field ploughed for fallow, and that manuring is worth 4d. And it ought to do all these customs beforewritten at its own cost.
Sum of the aforesaid works, 6s. 2d. And of lawful increment for each virgate, 10d. a year. And thus the sum of the works of each virgate is 7s. a year.
Further, each virgate ought to enclose 6 perches of the paling of the park of the lord the King in the same manor with timber given by livery of the foresters and parkers. Further, all the tenants in the said manor ought to pay pannage for all the swine which they have between the feast of St. Michael[98] and the feast of St. Martin,[99] except those whom the King's charter protects, wheresoever they be within the manor, to wit, they owe a tenth part of the value of each pig which is worth more than 5d., whether there be acorns (_pesona_) or not; so nevertheless that for a pig worth more than 20d. the tenant shall give only 2d. Further all the tenants and sub-tenants throughout the bounds ought to guard the prisoners of the lord the King by night, except the cotmen, who ought to guard the said prisoners by day; and the prisoners ought to be imprisoned at the houses of the cotmen by night and day from house to house until their term be finished.
Names of the tenants of the forelands and rents of the same forelanders--
[Sidenote: Foreland.]
The relict of William Arnold holds 1 foreland and renders yearly 2s.
Richard of the Elms holds 1 foreland and renders yearly 4s.
John the Smith 3s.
John of the Oak of the burnt wood 18d.
Richard de la Strate 9d.
Arnewic May 12d.
Gilbert de la Berewe 3s. 4d.
William le Hettere holds 1 foreland and renders yearly 1d. and a ploughshare worth 6d. 7d.
John de Bollond 5s.
William Goldstan 2s.
Adam de Rumford 12d.
John de Haketon 2s.
Richard of the Elms 6d.
Nicholas de Wybrugge 4s. 4d.
Roger son of Elias holds 1 foreland which Gerald le Petit held and renders yearly 3s. 6d.
Andrew de la Lake 22d.
The heirs of William son of Guy 10d.
Sum of the rents of the aforesaid forelanders yearly, 37s. 2d.
[Sidenote: Sum.]
Names of the tenants assigned to serve the King's table.
[Sidenote: Of the Table of the King.]
Simon Weyland holds the swineherd's land, and renders 1/2 mark a year, because there are no swine.
[Sidenote: Virgate.]
The heir of William the Weaver holds the shepherd's land, and renders 12s. a year, because there are no animals.
John le Messager holds one ploughman's land, and renders 12s. a year, because there is no plough.
Adam le Wardur holds another ploughman's land, and renders 12s. a year, because there is no plough.
William Anore holds the smith's land, and renders 5s. a year, because there is no plough.
Reckoned as a virgate for the works of the paling.
Sum of rents of the aforesaid lands of the King's table, 47s. 8d.
[Sidenote: King's Messenger.]
Geoffrey son of Peter holds 6 acres of land, for which land he ought to carry the writs of the lord the King, when they come in the manor of the lord the King, wheresoever the bailiff shall wish within the county, at his own cost, and receiving 1-1/2d. for going a reasonable day's journey out of the county and nothing for the return journey.
Names of the cotters and rents of assize of their tenements and the customs of the same.
[Sidenote: Cotters.]
[Sidenote: Virgate.]
Geoffrey Scurel holds one cotland and renders yearly 5s. and for works 49d.
Peter le Abbot and his partners hold one cotland and render yearly 4s. and for works 49d.
William son of Savary holds one cotland and renders yearly 4s. and for works 49d.
Juliana relict of Edmund and her partners hold one cotland and render yearly 5s. and for works 49d.
Richard del Ho holds one cotland and renders yearly 3s. and for works 49d.
William de Ros and Adam Pays hold one cotland and render yearly 5s. and for works 49d.
William de Uphavering the younger holds one cotland and renders yearly 5s. and for works 49d.
Reckoned as a virgate for the works of the paling.
[Sidenote: Sums.]
Sum of rents of assize of the aforesaid cotters yearly, 31s.
Sum of the same works yearly, 28s. 7d.
Sum of both, that is, rents of assize and the same works yearly, 59s. 7d.
Lands occupied over[100] the King and arrented by William Brito and his fellows.
Richard Hageman holds 16 acres of land of new purpresture[101] and renders yearly half a mark.[102]
* * * * *
[Sidenote: Sum.]
Sum, 102s. 11-1/2d.
Richard Segar holds two dayworks with a house of the same [_i.e._ of new purpresture] and renders yearly 8d.
The same holds 1-1/2 acres of old purpresture and renders yearly 6d.[103]
* * * * *
[Sidenote: Sum.]
Sum, 10l. 1s. 6d.
Edmund Prest holds 5 acres and renders yearly 10d.[104]
* * * * *
The prior of Hornchurch holds 66 acres and 2 dayworks of land and 1 rood of meadow of encroachment and renders yearly half a mark.
Richard de Dovere holds the watercourse from Romford bridge to the park of Havering, and for the watercourse from the end of the fishpond of the abbot of Waltham between Havering and Weald to the mete and bound of the limits of Havering as far as the watercourse extends, and renders yearly 12d.
Richard de Dovere holds 85 acres of demesne in several places and renders yearly 20s.
[Sidenote: Sum.]
Sum, 117s. 7d.
Sum total of all lands occupied over the King, 21l. 2s. 0-1/2d.
[Sidenote: Subtenants.]
Names of all sub-tenants in the town of Havering who have chattels to the value of 40d. of whom it is acknowledged by the aforesaid jurors that each such tenant ought to reap, bind and cock one acre of oats of the demesne of the lord the King in autumn, and to find one man to mow in the King's meadow for one day at his own cost. And every of them, according as they join in a plough for ploughing their own land, shall plough for the lord the King each year for one day at the summer ploughing and for another day at the winter ploughing.[105]
* * * * *
[Sidenote: Sum.]
Sum of the rents of the aforesaid sub-tenants without ploughing, 4l. 6s.
The King is in seisin of the wardship of the lands and heirs of all the tenants of the same manor, and can hold them when he deems it to his advantage, and then he shall have no heriot. And if he deem it not to be expedient for him to hold the wardship of the lands and heirs in his own hand, he can demise the same, and then he shall have a heriot and relief.
Further, they say that all the tenants of the same manor can marry their sons and daughters without licence of the King or of his bailiffs, except the cotmen.
Further, they say that the King can tallage all the tenants of the same manor, except those who hold by charters of Kings at their will, according to their means, when he tallage other his demesne manors.
Further, they say that the pleas of court can be worth 40s. a year.
Further, they say that heriots and reliefs and other perquisites can be worth in common years 53s. 4d.
Further, they say that view of frankpledge can be worth in common years 6s. 8d.
[Sidenote: Sum.]
Sum total of all sums of the same manor, 112l. 10s. 11-3/4d., except free tenants and the ploughing of sub-tenants and customary carts.
[Footnote 91: And 28 others named.]
[Footnote 92: _cf. above, Rectitudines, p. 5, under Geneat's Service_, "he must ... cut the deer-hedge and maintain it."]
[Footnote 93: Produce or profits.]
[Footnote 94: November 11.]
[Footnote 95: Food for swine.]
[Footnote 96: Thirty-one virgates follow in like detail.]
[Footnote 97: Strips.]
[Footnote 98: September 29.]
[Footnote 99: November 11.]
[Footnote 100: In feudal law seisin _or_ possession is conceived of as concrete rather than abstract. Any encroachment on the waste, therefore, is regarded as the imposition of a new seisin upon the old seisin, as an occupation over the lord, who in this case is the King.]
[Footnote 101: Encroachment.]
[Footnote 102: A hundred more similar entries follow.]
[Footnote 103: A hundred and two more similar entries follow.]
[Footnote 104: Thirty-nine more similar entries follow.]
[Footnote 105: 174 names follow.]
2. EXTRACTS FROM THE COURT ROLLS OF THE MANOR OF BRADFORD, CO. YORK [_Court Rolls_, 129, 1957], 1349-1358.
Court of Bradford holden on Saturday, the eve of St. Lucy the Virgin, 23 Edward III.[106]
[Sidenote: [m.20.]]
[Sidenote: Damages.]
Henry son of William the Clerk of Bradford, executor of the will of the said William, was summoned to answer Richard de Wilseden, chaplain, touching a plea wherefore he renders not to him 7s. 10d., which he owes him, because the aforesaid William, his father, whose executor he is, was bound to him, and which he ought to have paid him at Michaelmas last past, and which the same Henry still detains from him, to the heavy damage of the said Richard of 2s. etc. And the aforesaid Henry, being, present in court, cannot deny that he owes him the said money. It is therefore awarded that the same Richard recover against him the aforesaid 7s. 10d., together with his aforesaid damages. And the aforesaid Henry is in mercy for the unjust detention, etc.
[Sidenote: Mercy, 2d.]
* * * * *
[Sidenote: Entry, 2s.]
Amice, daughter and heir of Roger de Oulesnape, came here into Court and took a cottage and 4 acres of poor bondage land in the town of Stanbury after the death of the aforesaid Roger, to hold to her and her heirs according to the custom of the manor by the services, etc., saving the right, etc. And she gives to the lord 2s. of fine for entry. Pledge, Roger son of Jurdan.
[Sidenote: Entry, 2s.]
William Couper, who held a cottage and 4 acres of bondage land there, is dead; and hereupon came Roger, his son and heir, and took those tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 2s. of fine for entry. Pledge, Thomas de Kyghley.
[Sidenote: Entry, 3s.]
Robert son of Roger son of Richard, who held a toft and 8 acres of bondage land there, is dead. And hereupon came John, his brother and heir, and took those tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 3s. of fine for entry. Pledge, Roger son of Jurdan.
[Sidenote: Entry, 5s.]
Jordan de Stanbury, who held a messuage and 1/2 bovate of bondage land there, is dead. And hereupon came John, his son and heir, and took those tenements, to hold to him and his heirs by the services etc., saving the right, etc. And he gives to the lord 5s. of fine for entry. Pledges, John son of Roger and Roger son of Jurdan.
John de Oldefeld, who held a messuage and 1/2 bovate of bondage land there, is dead. And Alice, his daughter and heir, is of the age of half a year.
[Sidenote: Fine, 2s.]
And hereupon came John Swerd and took those tenements, to hold for a term of ten years next following fully complete, by the services, etc. And he gives to the lord 2s. of fine. Pledge, Adam de Oldefeld.
[Sidenote: Entry, 2s.]
Adam Dykson came here into Court and took a messuage and 1/2 bovate of very poor land, which was of Adam atte Yate, to hold according to the custom of the manor, by the services, etc., saving the right, etc. And he gives to the lord 2s. of fine for entry. Pledge, John de Helwyk.
[Sidenote: Entry, 5s.]
Roger Dikson, who held half a messuage and 1/2 bovate of land, is dead. And hereupon came Robert de Oldefeld, next friend of William, son and heir of the aforesaid Roger, and took those tenements to the use of the said William, to hold to him and his heirs, according to the custom of the manor by the services, etc. And he gives to the lord 5s. of fine in the name of the said William. Pledge, John Swerd.
[Sidenote: Fine, 2s.]
John Barne of Manningham, who held a messuage and a bovate of bondage land there, is dead. And hereupon came Margery his wife and took those tenements, to hold according to the custom of the manor for the term of her life by the services, etc. And she gives to the lord 2s. of fine. Pledge, John atte Yate.
[Sidenote: Fealties. Respite of acknowledgement of services.]
Margaret and Agnes, daughters and heirs of Hugh Browne, Alice, Joan and Juliana, daughters and heirs of John Kyng, Juliana, who was the wife of Hugh Kyng of Thornton, Robert son of John Bollyng and Elizabeth his wife, Alice, who was the wife of William le Clerk of Clayton, Alice, daughter and heir of Robert de Manyngham, and Thomas her husband, William, son and heir of Ellen Coke, and John (dead), son and heir of John de Wyndhill, came here into Court and did their fealties, and they have a day at the next Court to acknowledge their tenements and services, etc. and also to show their deeds etc.
Agnes Chapman came here into Court and took a small house in Bradford called the Smythhouse, to hold at the will of the lord by the services. And she gives to the lord 18d. of fine to have such estate, etc.
[Sidenote: Fine, 12d. (_sic_.)]
[Sidenote: Entry, 8s.]
William Barne, who held 2 messuages and 2 bovates of bondage land in Manningham, is dead. And hereupon came Hugh, his brother and heir, and took the aforesaid tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 8s. of fine for entry. Pledges, Thomas de Chellowe and John his son.
[Sidenote: Entry, 10s.]
Richard Gilleson, who held there in the same manner 2 messuages and 2 bovates of land, is dead. And hereupon came John, his son and heir, and took those tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 10s. of fine for entry. Pledges, Hugh Barne and the whole homage, etc.
[Sidenote: Entry, 10s.]
John son of Richard Gillesson came here into Court and rendered into the hands of the lord 2 messuages and 2 bovates of very poor land there to the use of Thomas de Chellowe for ever. Which tenements were afterwards granted to the same Thomas, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And the same Thomas gives the lord 10s. of fine for entry. Pledges, Hugh Barne and John Gilleson.
[Sidenote: Fine, 2s.]
William Wilkynson, who held there in like manner a messuage and a bovate of land, is dead, and Alice his daughter and heir is of the age of half a year. And hereupon came John Magson, her next friend, to whom, etc.[107] and took the wardship of the aforesaid land and heir until her full age, etc., by the services, etc. And he gives to the lord 2s. of fine for entry. Pledges Hugh Barne and Thomas de Chellowe.
[Sidenote: Fine respited.]
Thomas Neucomen, who held a messuage and a bovate of bondage land in Bradford, is dead. And hereupon came Margery, daughter and heir of the same Thomas, and took the aforesaid tenements, to hold to her and her heirs according to the custom of the manor by the services, etc., saving the right, etc. And the fine for entry is put in respite until the next court.
[Sidenote: Distraint.]
[Sidenote: Tenements to be seized.]
William Tompsey of Bradford, the lord's bondman, who held a messuage and a bovate of bondage land in Bradford, is a runaway, because [he holds] other tenements in Moreton by York by hereditary descent. Therefore he is distrained to dwell on the tenement here. Let the tenements at Moreton be seized into the lord's hand, etc.
[Sidenote: Respite.]
William Clerk of Clayton, who held a messuage and 2 bovates of land in Clayton by knight service, is dead. Let William, his son and heir, of the age of two years, together with the tenements aforesaid, be seized into the hands of the lord the Earl. And hereupon comes Alice, who was the wife of the same William Clerk, and says that she was jointly enfeoffed of the aforesaid tenements with the aforesaid William, her husband, and craves a day at the next Court to show her charters thereof, and has it. William, the son and heir, is committed to the wardship of the aforesaid Alice to be kept safely without a wife. Pledges, William son of Adam of Horton and Roger del Holyns.
[Sidenote: Fine, 10s.]
Whereas before these times a stall was taken from the lord's waste in the market place of Bradford to be holden by the services of 6d. a year, and hereupon one Adam Notebroun, receiver of the money of the lord the Earl [took it], to hold in the said form, etc., and afterwards the same Adam alienated that stall to one Hugh son of Thomas in fee for [20s.], on account whereof the stall was seized into the lord's hand according to the form of the statute; and hereupon the same Hugh comes here and says that he took the stall for 20s. and paid only 10s. thereof to the same Adam, etc., and craves that he [may pay the said 10s.] and hold the stall in the form in which [it was held] after it was taken; which is granted to him by the steward. Pledge for payment, of the aforesaid 10s. ... And order is made to levy from the aforesaid Adam another 10s. to the use of the lord, unless he may have better grace by the counsel of the lord, etc.
[Sidenote: Inquisition of office.]
It is presented by William de Berecroft ... that Thomas son of Thomas 12(d.), Ralph atte Tounhend (8d.), William ... (12d.), and William son of John (6d.) exercise the trades of tanner and shoemaker. Therefore they are in mercy. And it is ordered that they be attached to abjure, etc.
[Sidenote: Mercy, 10d.]
Further, they present that Hugh son of Thomas exercises the trade of butcher together with the trades of shoemaker and tanner. Therefore it is ordered that he be attached to abjure those two trades, etc.
[Sidenote: Mercy, 12d.]
Further, that Alice Geldoghter and Adam Notebroun are bakers and sell bad bread contrary to the assize. Therefore they are [in mercy].
* * * * *
Sum of this tourn, with waifs and strays, 24s. 1d.
* * * * *
Court of Bradford holden on Thursday next before the feast of St. Gregory the Pope, 24 Edward III.
* * * * *
[Sidenote: Acknowledgment of service.]
Thomas le Harpour and Alice his wife, daughter and heir of Robert de Manynghame, come here into Court and acknowledge that they hold of the lord a messuage and a cottage and 8 acres of land by knight service by homage and fealty and suit of court every three weeks, rendering therefrom yearly 2s. at the usual terms; and they give to the lord 4s. for relief.
* * * * *
[Sidenote: Fine, 1/2 mark.]
William Iveson came into Court and made fine with the lord by 1/2 mark for licence to exercise the trades of tanner and shoemaker until Michaelmas next. Pledge, William son of Hugh the Bailiff.
* * * * *
[Sidenote: [m. 31.]]
Court holden at Bradford the day and year aforesaid.[108]
[Sidenote: Leyrwite.]
Agnes Chilyonge of Manningham, the lord's bondwoman, came here in Court and made fine of 12d. with the lord for her leyrwite[109]; pledge, William Walker; and the fine is not more because she is very poor and has nothing.
[Sidenote: [m. 32.]]
Court holden at Bradford on Friday next before the feast of the Nativity of St. John the Baptist, 28 Edward III.[110]
[Sidenote: Fine, 20s.]
John Abbot, William son of Henry de Allerton, John Dughti, Robert de Oldfeld, and Adam de Oldfeld, who mainprised[111] for the aforesaid John Abbot to keep the peace towards all persons and specially towards Roger Fairegh, under a penalty of 10l. to be paid to the lord Duke, now, because the aforesaid John Abbot beat and evilly entreated the aforesaid Roger Fairegh, on account whereof the aforesaid penalty of 10l. ought to be levied from the aforesaid John Abbot and his mainpernors,[112] because the express cause for which the aforesaid penalty should be rightly levied is now come to pass; nevertheless, the aforesaid lord Duke, mindful that they are all his bondmen, and regarding their poverty, has granted of his special grace that the aforesaid John Abbot and his mainpernors may make fine of 20s. for the aforesaid 10l. forfeited, to be paid at Michaelmas next; and each of them is the others' pledge.
[Sidenote: Merchet].
Roger son of Roger de Manynghame has made fine of 1/2 mark for the merchet of Cecily his wife, the lord's bondwoman; pledge, Thomas de Manynghame.
[Sidenote: Merchet.]
Thomas Gabriell has made fine of 1/2 mark in like manner for the merchet[113] of Maud his wife, the lord's bondwoman; pledge, Thomas de Tiresale.
[Sidenote: Fine, 6d.]
Thomas de Tiresale has made fine of 6d. with the lord for licence to have John son of Roger Childyong, the lord's bondman, in his service until Michaelmas next, so that he then render the aforesaid John to the lord's bailiffs, etc.
[Sidenote: Chevage.]
Agnes daughter of Adam atte Yate, the lord's bondwoman, has made fine for her chevage[114], for licence to dwell wheresoever she will, to wit, 6d. to be paid yearly at Michaelmas and Easter in equal portions; pledge, Robert atte Yate.
[Sidenote: Distrain.]
It is presented by Roger Judson, Thomas son of Roger, Thomas Gabriel, Adam del Oldfeld, Robert de Oldfeld, and John atte Yate, that Cecily de la More,[115] the lord's bondwoman, has been violated by John Judson; therefore let her be distrained to make fine therefor with the lord.
[Sidenote: Distrain.]
Further, it is presented that Isabel daughter of William Childyong, the lord's bondwoman, has married one William Cisson, a free man, without licence. And Alice daughter of John Gepson, the lord's bondwoman, has married one William del Hale, a free man, at Beston, without licence; therefore let them be distrained to make fine with the lord for their merchet, etc.
[Sidenote: Inquest.]
Let inquest be made touching the sons and daughters of William del Munkes, who dwell at Darthington and are the lord Duke's bondmen and bondwomen of Bradford, etc.
[Sidenote: Arrest.]
Further, it is presented that Alice daughter of William Childyong, the lord's bondwoman, dwells at York; therefore let her be taken, etc.
Sum of this Court:--35s. 3d. {Merchets, 13s. 4d. Thereof further for chevage, 6d. {Perquisites, 21s. 11d.
[Sidenote: [m. 45 d.]]
Court holden at Bradford on Wednesday, 12 December, 32 Edward III [1358].
[Sidenote: Day given under a penalty.]
Again Anabel del Knoll has a day, as above,[116] to rebuild a house on a plot of land which she holds of the lord at will, and under the same penalty as in the Court preceding.
[Sidenote: Arrest bondmen.]
It is ordered, as many times before, to take William son of Richard Gilleson, Roger son of William del Mersh, dwelling with John de Bradlay, Thomas son of John atte Yate, William son of William Childyong (in Pontefract), Alice daughter of John atte Yate (in Selby), Alice daughter of William Childyong (in Methelay), and William son of William Childyong, the lord's bondmen and bondwomen of his lordship here, etc., who have withdrawn without licence, and to bring them back hither until [they make fine for their chevage].
* * * * *
[Sidenote: [m. 46.]]
[Sidenote: Mercy, 4d.]
[Sidenote: Without a day.]
Roger son of Roger makes plaint of Alice de Bollyng [in a plea] of trespass, pledge to prosecute, William Walker, to wit, that she has not made an enclosure which she is bound to make between his holdings and her own holdings in Mikelington, so that for lack of enclosure there divers cattle entered and fed off his corn, to wit, his rye and oats and grass, to his damages of 10s. And the aforesaid Alice defends and says that the aforesaid Roger, and not she, is bound to make an enclosure there, and hereon she puts herself upon the country. But the jurors hereupon elected, tried and sworn, say on their oath that the aforesaid Roger is bound to make the aforesaid enclosure between the aforesaid holdings. And therefore it is awarded that the aforesaid Roger be in mercy for his false claim, and that the said Alice go without a day.
[Sidenote: Mercy, 2s.]
It is presented by the parker that William Walker (6d.) with 11 beasts, Roger de Manyngham (4d.) with 3 beasts, John de Gilles (2d.), Thomas Staywal (2d.) with one beast, Roger Megson (2d.) with one beast, Denis Walker (2d.), Richard Wright (4d.) with 2 beasts and William Coke (2d.) with a horse, have fed off the grass of the lord's wood in Bradfordbank; therefore they are in mercy.
[Sidenote: Mercy, 12d.]
Again it is presented that William Notbroun (6d.) and Adam Notbroun (6d.) with their cattle have broken down the hedge around the lord's wood, and with the said cattle have fed off the grass of the lord's wood; therefore they are in mercy.
[Sidenote: Mercy, 10d.]
Again it is presented that Richard Milner of Idel (6d.), Richard Baillif (2d.) and William Smyth of Caleshill (2d.) have carried millstones over the lord's soil here without licence; therefore they are in mercy.
[Sidenote: Fine, 26s. 8d.]
[Sidenote: Chevage, 2s.]
Again it is presented by John de Denholm, John Judson, Adam Dikson, Robert del More, Thomas de Chellowe, Hugh Barn, Robert atte Yate, John atte Yate, Richard Curtays, John Rous, Roger Johanson and John de Gilles, that William Tomse, the lord's bondman, dwelling in Moreton by York, Roger de Stanbiri, the lord's bondman, dwelling in Wirkley, and John Bonde, dwelling in Sighelesden, and John son of Roger son of William del Mersh, dwelling with John de Bradlay, the lord's bondmen here, have withdrawn without licence; and hereupon order was made to take them all, so that they be [here] until, etc. And the aforesaid William Tomse and Roger de Stanbiri were taken and were brought before the steward at Pontefract on Saturday next after the feast of the Circumcision of the Lord. And the aforesaid William Tomse there made fine of 26s. 8d. before the said steward, to wit, in order to have his goods at the steward's will,[117] to be paid at the feasts of St. Peter's Chains and St. Michael next by equal portions. And also the aforesaid William made fine for chevage, to wit, a fine of 2s. to be paid yearly at the feasts of Whitsunday and St. Martin in Winter by equal portions; and William Cooke of Brotherton became his pledge as well for his yearly chevage as for his other fine for his said goods. And Roger de Stanbiri likewise on the same day was brought before the aforesaid steward at Pontefract and made fine of 20s. to have his goods at the steward's will, to be paid at the terms of Easter and Michaelmas next; and also the aforesaid Roger made fine of 12d. for his chevage, to be paid yearly at the terms aforesaid; and Thomas Dantrif became his pledge as well for his yearly chevage as for his fine aforesaid. And it was granted to the same William and Roger that they may stay outside the lordship here in the places where they were staying before, and that too at the lord's will, for their chevages aforesaid, to be paid yearly, as is aforesaid.
[Sidenote: Fine, 20s.]
[Sidenote: Chevage, 12d.]
[Sidenote: Take bondmen.]
And order is made to take all the other bondmen named above, because they come not, and to bring them back hither to their nests until, etc.[118]
* * * * *
Sum of this Court:--51s. 9d., the whole perquisite. Further from chevage as above:--3s. a year to be paid at the terms as above.
[Footnote 106: December 12, 1349, the year of the Black Death. The monotonous death roll is noteworthy.]
[Footnote 107: _Sc._ the inheritance cannot descend.]
[Footnote 108: Monday before May 1, 1354.]
[Footnote 109: Fine on giving birth to an illegitimate child.]
[Footnote 110: Friday before June 24, 1354.]
[Footnote 111: _i.e._ Became sureties.]
[Footnote 112: _i.e._ Sureties.]
[Footnote 113: _i.e._ Fine upon marriage.]
[Footnote 114: _i.e._, head-money, a fine paid yearly by bond-tenants dwelling away from the manor.]
[Footnote 115: _Interlined above_ Cecily _is_ Roger Judson.]
[Footnote 116: Anabel has persistently refused to rebuild the house during the last six years; she discharges her obligation two years later [m.50].]
[Footnote 117: _i.e._ In order to retain his own possessions during the steward's good pleasure. In law a bondman's goods belong to his lord.]
[Footnote 118: _cf._ Bracton, _De Legibus Anglie, ff. 6 b. and 7._ "Serfs are under the power of their lords, nor is the lord's power loosed so long as they abide in villeinage, waking and sleeping, whether they hold land or not. Moreover, if they are not abiding in villeinage, but wandering abroad through the country, going and returning, they are always under the power of the lords, so long as they return; and when they have lost the habit of returning, they begin to be runaways, after the likeness of tame stags. Moreover, if when they are abroad as merchants or wage-earners they pay chevage at fixed times ... and so long as they pay chevage, they are said to be under the power of the lords, and the lord's power is not loosed. And when they cease to pay they begin to be fugitives ... and ought to be pursued forthwith." And _ibid. f._ 26. "It was said in the King's court before the justices of the Bench at Westminster by John de Metingham and his fellows, justices there, that if a bondman born and bred shall be a runaway ... and shall have returned and be found on the bond estate where he was born, and be taken there by his true lord or his ministers as a bird in its nest, and this be proved, if such a man venture to deny it in the King's court, he shall be a serf for ever."]
3. DEED ILLUSTRATING THE DISTRIBUTION OF STRIPS [_Ancient Deeds_, B 4397], 1397.
To all Christ's faithful to whom the present writing shall come, Morgan Gogh, greeting in the Lord. Know ye that I have demised, granted and by this my present writing indented confirmed to John Druwere a cottage with a curtilage situate in Modbury between the cottage of John Janekyns on the east side and the tenement of Thomas Cobbe on the west side, and three acres, one rood of arable land lying in the fields of Modbury, whereof one acre lies in Brokeryg between the lord's land on either side, one acre in Totecombe between the lord's land and the land of Thomas Cobbe, three roods in Brokeryg between the lord's land and the land of William Cockes, a half acre there between the land of Thomas Cobbe and the land of Ralph Smale, and a half acre of meadow lies in Sturtilmede between the meadow of Gilbert Scolemaystre on either side, with pasture for one plough-beast and two draught-beasts in common; which land, meadow and pasture John Pipere lately held for term of his life; to have and to hold all the aforesaid cottage with the curtilage, land, meadow, and pasture, to the aforesaid John for term of his life, of me and my heirs or my assigns freely, quietly, well and in peace, rendering therefor yearly to the aforesaid Morgan and his heirs or his assigns 3s. 4d. sterling at the four principal terms of the year by equal portions for all services, saving the royal service, and doing suit to my court yearly upon reasonable summons.... Nor shall it be lawful for the aforesaid John to demise to any man the said cottage, with the curtilage, land, meadow and pasture, as well in parcels as in whole, during his life, under penalty of loss of the aforesaid cottage with all its appurtenances.... In witness whereof the parties aforesaid have interchangeably set their seals to these indentures. These witnesses:--Richard Pokeswell, Thomas Wodham, Robert Grey, John Hunte, John Iryssh and many others. Given at Modbury on Thursday next after Michaelmas, 21 Richard II.
4. REGULATION OF THE COMMON FIELDS OF WIMESWOULD [_Hist. MSS. Com., Middleton MSS., p. 106_], _c._ 1425.
For neat [_i.e._ cattle] pasture we ordain Orrow and Breches, Woldsyke and Wylougbybroke, for to be broken[119] on Crowchemesseday [14 September]; and whoso break this, every man shall pay for each beast that may be taken in any other several pasture a penny to the church; therefor to go a sevennightday [_i.e._, to endure for a week].
Also, for the neat pasture, after that be eaten, all the wheatfield, to wit, Hardacre field namely, save Strete headlands, where they may not go for destroying of corn; this for to endure another sevennightday under the pain beforesaid.
Also, on Holy Thursday eve we ordain the commons of the Peasfield for horses to be broken, and no other beasts to come therein. For if there be any man that have any horse that is feeble and may not do his work for fault of meat, and this may reasonably be known, let him relieve of his own, so that he save his neighbour from harm, for if any man may ... which beasts 'lose' in corn or in grass, he shall for each beast pay a penny to the church, and make amends to his neighbour.
Also, on Whitsun eve every man [shall] break his several pasture as he likes, and no man tie his horse on other ... his own for to be several till Lammas, each man to eat his own, under the pain beforesaid.
Furthermore, if any man ... plough-oxen for to be relieved on his several grass, let him tie them in his best manner or hold them in, as other men do their horses ... on no other man's grass going to or fro abroad, as they will pay for each beast a penny to the church and make [amends] ... to him that has the harm.
Also, if any man tie his horse or reach on any headlands or by brookside into any man's corn, he shall make amends to him that has the harm, and for each foot that is within the corn pay a penny to the church.
Also if any man shall be taken at night time destroying other corn or grass, he shall be punished as the law will, and pay 4d. to the church.
Also, all manner of men that have any pease in the field when codding time comes, let them cod in their own lands and in no other man's lands. And other men or women that have no peas of their own growing, let them gather them twice in the week on Wednesday and on Friday, reasonably going in the land-furrows and gathering with their hands and with no sickles, once before noon and no more, for if any man or woman other that has any peas of his own and goes into any other, for each time [he shall] pay a penny to the church and lose his cods, and they that have none and go oftener than it is before said, with sickle or without, shall lose the vessel they gather them in and the cods, and a penny to the church.
Also, no man with common herd nor with shed herd [shall] come on the wold after grass be mown till it be made and led away, but on his own, and then let them go all together in God's name; and if they do, each man pay for his quantity of his beasts a certain to the church, that is for to say, a penny for each beast.
Also, if there be any man that throws in any sheaves on any land for to tie on his horses, he shall make a large amends to them that have the harm, and for each foot pay a penny to the church, but on his own. Furthermore, if any man tie his horse in any stubble and it be mown in reasonable time [he] shall pay the aforesaid pain.
Also, if any man may be taken at nighttime in the field with cart or with bearing of any other carriage in unreasonable time between bell and bell [he shall] pay 40d. to the church, save as thus, if any man in peas harvest, he and his servants, in furthering of his work and saving of his corn, bind at morning or till it be moonshine, all other works at nighttime except, save this.
Also, all manner labourers that dwell in the town and have commons among us shall work harvest work and other works for their hire reasonable as custom is, and not to go to other towns but if they have no work or else no man speak to them, so that they may be excused, for if they do, they shall be chastised as the law will.
Also, no man or woman that works harvest work bear home no sheaves of no man's, but if [_i.e._ unless] they be given them well and truly, for if it may be wist, for each sheaf that they bear home without leave [they] shall pay a penny to the church.
Also, no man or woman glean no manner of corn that is able to work for his meat and twopence a day at the least to help to save his neighbour's corn; nor no other gleaners, that may not work, glean in no manner of wise among no sheaves, for if they do, they shall lose the corn and a penny to the church for each burden.
Also, neither common herd nor shed herd come in the wheat cornfield till the corn be led away, nor in the peas cornfield in the same wise till the peas be led away, and the common herd and shed herd may go together as they should do, on pain of each beast a penny to the church.
Also, that no man take away his beasts from the common herd from Michaelmas tide to Yule to go in the wheatfield to 'lose' the wheat, for if any man may take any beast therein, they shall pay for each beast a penny to the church as often as they may be taken destroying the corn, and the herd [shall pay] his hire.
Also, if our hayward pen a flock of neat of the country, he shall take six pence, for a flock of sheep four pence, and for each horse a penny.
And that our wold be laid in several at Candlemas, for if any herd let his beasts come thereon after, [he shall] pay for each time four pence to the church.
Also, whosoever has any meadows within the corns, my lord or any man else, let make them to 'dele' them out and take a profit of them on God's behalf, and whoso trespass, let make amends.[120]
[Footnote 119: _i.e._ Thrown open for grazing.]
[Footnote 120: This document is defective, and at the best its bucolic English is hard to interpret.]
5. LEASE OF A MANOR TO THE TENANTS [_Cart. Rams._ II, 244], 1279.
To all Christ's faithful who shall see or hear the present writing, William, by the grace of God Abbot of Ramsey, greeting in the Lord.
Know ye that we have demised at farm to our men of Hemingford our manor of Hemingford from Michaelmas in the eighth year of the reign of King Edward, son of King Henry, at the beginning of the ninth, until the end of seven years next following, for 40l. sterling to be paid to us therefrom yearly at the four terms, to wit, at Michaelmas 10l., on St. Andrew's Day[121] 10l., at the Annunciation[122] 10l. and at Midsummer 10l.
Our aforesaid men shall hold the aforesaid manor with all its appurtenances, except the gift of the church when it fall vacant, and our fishery, and the mill, which we have kept in our hand.
Also they shall have all profits of the town except our tallages, sheriff's aid, hundred aid, "wardpenys," and scutage of the lord the King, and except the issues of causes which cannot be determined without us or our bailiffs, of the issue whereof they shall have a moiety, and except view of frankpledge[123] and the Maunde acre and the acres of the reeve of Ramsey.
And be it known that if any customary tenant die without heir of his body, we will demise his land and his messuage to whomsoever we will and keep in our hand the gersum[124] arising thence.
Also no customary tenant shall make fine for relieving or marrying his daughters without our presence, but their gersums shall be made before us in the presence of the reeves or any of the farmers, who shall have and collect the said money towards their farm.
Nor may the said farmers demise house or land to any stranger or one of another's homage, without our special licence.
For we will that such gersums beyond the fixed farm be entirely paid to us.
Moreover the said farmers have received the following stock:--
The corn grange full of corn on either side the door by the door posts and by the beams beyond the door, and so sloping to the roof of the granary.
They have received also the oat barn full of oats by the east door post.
The breadth of the grange was 28 feet within, the length 39 feet, and the east end of the grange is round; the height in the middle is 19 feet; and at the side from the door to the curve of the round end the length of the wall is 30 feet, the height 5-1/2 feet.
They have received also a heap of barley 36 feet in length, 11 feet in breadth, 11 feet in height, and 18 feet in breadth in the middle.
Moreover they shall be quit of a serjeant[125] in autumn every year except in the last year, in which they shall have a serjeant, by whose view, according to the custom of the abbey, the stock shall be made up.
They shall also be quit of our yearly lodging due, except that as often as we shall come there they shall find for us salt, straw and hay without an account.
And at the end of the seven years they shall render to us the aforesaid manor with the stock with which they received it.
Also they shall give back the land well ploughed twice.
And be it known that the fruits which were then in the barn ought to be counted for the first year, because they were of our stock.
In witness of which demise of the land and the manor we have caused our seal to be set to this present writing.[126]
[Footnote 121: November 30.]
[Footnote 122: March 25.]
[Footnote 123: In law every man was forced to be in frankpledge, that is, to be one of a group, each member of which was responsible for the others' good behaviour. The 'view' was a half yearly survey of such groups, at which offences were presented and punished.]
[Footnote 124: Fine.]
[Footnote 125: _i.e._ Free from the inspection and audit of the lord's officer.]
[Footnote 126: This document is of great interest as an instance of an early stock-and-land lease.]
6. GRANT OF A MANOR BY A LORD TO THE CUSTOMARY TENANTS AT FEE FARM [_Patent Roll, 6 Edward III, p. 2, m. 27_], _ante_ 1272.
The King to all to whom, etc., greeting. We have inspected a writing which Richard, sometime earl of Cornwall, made to his customary tenants of his manor of Corsham in these words:--
To all to whom the present writing shall come, Richard, earl of Cornwall, greeting. Know all of you that we have demised and granted and by our present writing confirmed for us and our heirs to all our customary tenants of our manor of Corsham all our manor of Corsham, with the rents, demesnes, meadows, feedings and pastures to the said manor pertaining, saving to us a third part of the meadow of Myntemede, which third part the said customary tenants shall mow, carry and cock at their own costs, saving also to us the site of our fishpond, our parks, our warren, pleas, perquisites and all escheats which can escheat to us or our successors; to have and to hold to the said customary tenants and their successors of us and of our heirs for ever, for 110 marks to us and our heirs or assigns yearly to be paid to our bailiff in the said manor at two terms of the year, to wit, on the octave of Easter 55 marks and on the octave of Michaelmas 55 marks, for all services and demands to us or to our heirs or assigns belonging, saving to us all the things aforenamed. And we will that our said customary tenants for ever be quit of tallage and view of frankpledge and all other customs and services to us or to our heirs pertaining. Our aforesaid customary tenants, however, have granted for them and their successors that, if they keep not this covenant according to the form of the present writing, all their tenements which they hold of us shall revert to us and our heirs without any contradiction, if it be through them that the form of this writing be not kept. We will also and we grant that if any of our said customary tenants of our said manor of Corsham be rebellious, contravening the form of this writing, our bailiff for the time being shall have power to distrain him by lands and chattels to observe more fully all the things abovesaid according to the tenour of this writing. And in witness thereof we have caused our seal to be set to this writing. These witnesses:--Sir Richard de Turry, Sir Sampson de la Bokxe, Sir Henry Crok, Sir Philip de Eya, Walter Galun, then bailiff, Martin de Hortham, Sir Gilbert, then prior of Corsham, Richard de Cumberwell, Ralph, then vicar of Corsham, and others.[127]
And we, ratifying and approving the demise, grant and confirmation aforesaid, grant and confirm them for us and our heirs, as far as in us lies, to the aforesaid customary tenants and their successors, as the writing aforesaid reasonably testifies, and as they now hold the manor aforesaid with the appurtenances, and they and their ancestors and predecessors have held that manor hitherto, and have reasonably used and enjoyed the liberties aforesaid, saving to us a third part of the said meadow of Myntemede and the site of the fishpond, the parks, warren, pleas, perquisites and all escheats abovesaid, as is aforesaid. In witness whereof, etc. Witness the King at Woodstock, 1 July. By a fine of 5 marks. Wilts.
[Footnote 127: The date of the original deed must be earlier than 1272, in which year the earl died.]
7. LEASE OF MANORIAL HOLDINGS [_Fine Roll, 10 Edward III, m. 7_], 1332.
The King to all to whom, etc., greeting. We have inspected a writing which John late earl of Cornwall, our brother, now deceased, made in these words:
John, son of the illustrious King of England, earl of Cornwall, to all and singular who shall see or hear the present writing indented, greeting in the Lord. Know ye that, having regard to the no small decrease and decay of rents and farms pertaining to our manor of Kirton in Lindsey in times past, for that tenants of escheated tenements in the same manor, having no estate of the same tenements save from year to year or at least at the will of the lords, our predecessors there, have made no outlay or the least which they could on the maintenance of the buildings on the same tenements; and wishing to raise again the aforesaid rents and farms as much as we can for our advantage; we have granted for us and our heirs and by our present writing have demised to John of Westminster and Emma his wife and Thomas, son of the same John and Emma, those two parts of all those tenements with the appurtenances in the town of Kirton aforesaid which the same John before the making of this writing held of us during our pleasure, as of an escheat formerly in our hand of the tenements which were sometime of Thomas of Bromholm; to have and to hold to the same John and Emma his wife and Thomas, son of the same John and Emma, and each of them that lives the longer, for their whole life, of us and our heirs, rendering therefrom yearly to us and our heirs 100s. sterling at the feasts of Easter and Michaelmas by equal portions; and we, the aforesaid earl, and our heirs will warrant the aforesaid two parts of the tenements aforesaid with their appurtenances to the aforesaid John and Emma his wife and Thomas, son of the same John and Emma, for their whole life, as is aforesaid, against all people for the aforesaid rent. In witness whereof we have thought fit to set our seal to this writing. These witnesses:--Sirs John de Haustede, Thomas de Westone and William de Cusancia, knights, Sir William de Cusancia, rector of the church of Wakefield, our treasurer, and William de Munden, our clerk and secretary, and others. Given at York on Tuesday next after the feast of All Saints in the 6th year of the reign of King Edward the Third after the Conquest, our dearest brother.
And we, ratifying and approving the demise aforesaid, grant and confirm it for us and our heirs, as much as in us lies, as the writing aforesaid reasonably testifies, willing and granting for us and our heirs that the same John, Emma and Thomas have and hold the tenements aforesaid with the appurtenances for the whole life of each of them by the aforesaid service of rendering to us and our heirs yearly the said 100s. according to the tenour of the writing of the same earl abovesaid. In witness whereof etc. Witness the King at Leicester, 1 October.
By the King himself.
8. AN AGREEMENT BETWEEN LORD AND TENANTS [_Duchy of Lancaster, Misc. Bks., 5, f. 103_], 1386.
_Warkington._--At the view of frankpledge holden there on 20 October, 10 Richard II., it was granted to all the lord's tenants in the presence of John Mulso, Nicholas Lovet, Edmund Bifeld, Stephen Walker of Keteryng and others there present, that if it pleased the lord they might hold certain bond lands and tenements at a certain rent and service, as follows, during a term of six years next after the date abovewritten, the term beginning at Michaelmas last past; to wit, that each tenant of a messuage and a virgate of bond land shall render to the lord 18s. yearly at four terms, to wit, at the feasts of St. Edmund the King and Martyr,[128] Palm Sunday, the Nativity of St. John the Baptist,[129] and Michaelmas, by equal portions, and shall do two ploughings a year at what times of the year he shall be forewarned by the bailiff of the manor for the time being, and shall work in "le Keormede" as he used before, save that the lord shall find him food and drink for the ancient customs, that is, for half a sheep and for each scythe 1/2d., and so he shall reap in Autumn for two days, to wit, one day with two men and another day with one man, at the lord's dinner[130]; he shall give 4d. for a colt if he sell it, he shall pay heriot if he die within the term, and he shall make fine for marrying his daughters and for his sons attending school, and for "leyre-wite" as he used before.[131]
[Footnote 128: November 20.]
[Footnote 129: June 24.]
[Footnote 130: _i.e._ The lord providing dinner.]
[Footnote 131: The lord here is the Abbot of Bury St. Edmunds.]
9. COMPLAINTS AGAINST A REEVE [_Court Rolls_, 179, 4, _m._ 1d.], 1278.[132]
_Elton._--St. Clement's Day.[133] Michael the Reeve complains of Richer son of Jocelin and Richard the Reeve and his wife that when he was in the churchyard of Elton on the Sunday next before the feast of All Saints[134] in this year, there came the aforesaid Richer, Richard and his wife and insulted him with vile words before the whole parish, charging him with having collected his own hay by the labour services due to the lord the Abbot [of Ramsey], and with having reaped his own corn in autumn by the boon-works done by the Abbot's customary tenants, and with having ploughed his land in Everesholmfeld with ploughs "booned" from the town, and with having released to the customary tenants their works and carryings on condition that they demised and leased their lands to him at a low price, and with having taken gifts from the rich tenants that they should not become tenants at a money rent, and with having put the poor tenants at a money rent.[135] And the aforesaid Richard and Richer are present and deny, etc. and ask for an enquiry by twelve jurors. Who come and say that the said Michael is guilty of none of the charges. Therefore the said Richard and Richer shall satisfy him, and for the trespass shall be in mercy; Richard's fine, 2s., pledge William son of James; Richer's fine, 12d., pledge, Jocelin. And the damages are taxed at 10s. to be received from Richard the Reeve, which sum Michael has released except 2s.
[Footnote 132: Printed in Selden Society Publications, II., 95.]
[Footnote 133: November 23.]
[Footnote 134: November 1.]
[Footnote 135: The commutation of services for rent was not always popular.]
10. AN EVICTION FROM COPYHOLD LAND [_Chancery Proceedings, Early_, 16, 376], _temp._ Henry IV-Henry VI.
To the most reverend father in God, the Archbishop of Canterbury, Chancellor of England.
Beseecheth lowly your poor bedefolks, Elizabeth Baroun, Harry Baroun and Richard Baroun, which be the King's tenants, that whereas the said Elizabeth was possessed and seised of a messuage and 4 acres of land in the town of Great Hormead in the shire of Hertford, and the said messuage and land held to her and to her heirs at the will of my lord of Oxford as of his manor of Hormead in the same shire by copy of court roll after the custom of the said manor, there hath one Harry Edmond, farmer of the said manor, without cause reasonable and contrary to the custom of the said manor, entered in the said messuage and land and put out the said Elizabeth, and certain goods and chattels of the said Elizabeth, Harry and Richard, to the value of 40 marks in the said house being, seized, and it withholdeth, and over that the said Harry Edmond with his adherents daily lie in wait to beat and slay the said Harry and Richard, your beseechers, so that they dare not well abide in their houses neither go about their husbandry, to their uttermost destruction and undoing for ever, without succour of your gracious lordship: Please your good grace to consider the premises and that your said beseechers have no remedy at the Common Law, to grant a writ directed to the said Harry Edmond, commanding him to appear before you at a certain day upon a certain pain by you to be limited, to be examined of the premises, and thereupon to do that good faith and conscience require, and that for the love of God and in way of charity.
* * * * *
This is the answer of Harry Edmond to the bill of Elizabeth Baron, Harry Baron and Richard Baron, in the Chancery.
First, whereas it is surmised by the said Elizabeth that she was possessed and seised of a messuage and four acres of land in the town of Great Hormead in the shire of Hertford, and the said messuage and land held to her and to her heirs at the will of my lord of Oxford as of his manor of Hormead in the same shire by copy of court roll after the custom of the said manor, and that the said Harry Edmond, farmer of the same manor, without cause reasonable and contrary to the custom of the said manor, entered into the said messuage and land and put out the said Elizabeth: The said Harry saith that the said messuage and land be holden of my said lord of Oxford bondly at the will of my said lord as of his said manor by the services of three shillings and halfpenny of yearly rent and by a certain service called the common fine, as it falleth more or less after the entries and ... of the tenants of the said manor by the custom of the said manor, by cause whereof the said Harry with one Thomas Denys, under-steward of the court of the said manor, by the commandment of my said lord of Oxford entered into the said messuage and land, after which entry my said lord let the said messuage and land to the said Harry for term of years, by virtue of which lease he [entered] the said messuage and land, as lawful is for him, which matter the said Harry is ready to prove as this Court will [award], and prayeth as for that to be dismissed out of this Court.
[And as for t]he seizing and withholding of certain goods and chattels of the said Elizabeth, Harry Baron and Richard, to the value of [40 marks, as is sur]mised by the said bill, the said Harry Edmond saith that the seizing and withholding of the said goods and chattels is a matter determinable at the Common Law, and not in this Court of the Chancery. Wherefore as for that he prayeth to be dismissed out of this Court.
And as for the declaration of the said Harry as for the said goods and chattels, the said Harry saith that he never seized nor withheld the said goods and chattels neither no parcel thereof, as it is surmised by the said bill, which matter the said Harry Edmond is ready to prove as the Court will award, if the Court rule him thereto.
And as for the lying in await surmised by the said bill the said Harry Edmond saith that the said lying in await is matter determinable by the Common Law and not in this Court of the Chancery, wherefore as for that matter he prayeth to be dismissed out of this Court of the Chancery. But, for the declaration of the said Harry Edmond in that matter, the said Harry Edmond saith that he never lay in await neither to beat nor to slay the said Harry Baron nor the said Richard, as they surmise by their said bill, which matter the said Harry Edmond is ready to prove as this Court will award, if the said Court will rule him thereto.[136]
[Footnote 136: This case illustrates first, the protection coming to be given by Chancery to villein or customary tenure, and second, the growing desire of lords to substitute leasehold for copyhold, a process which began at least as early as the beginning of the fourteenth century; see No. 7 above, and