ENGLISH
ECONOMIC HISTORY

SELECT DOCUMENTS

COMPILED AND EDITED BY

A.E. BLAND, B.A., P.A. BROWN, M.A.,
and R.H. TAWNEY, D.Litt.

LONDON
G. BELL AND SONS, LTD.
YORK HOUSE, PORTUGAL STREET, W.C. 2

Seventeenth Impression
First published October, 1914
Printed in Great Britain by Jarrold & Sons, Limited, Norwich

INTRODUCTION

The object of this book is to supply teachers and students of English Economic History with a selection of documents which may serve as illustrations of their subject. It should be read in conjunction with some work containing a broad survey of English economic development, such as, to mention the latest and best example, Professor W.J. Ashley's "The Economic Organization of England."[1] The number of historical "source books" has been multiplied so rapidly in recent years that we ought, perhaps, to apologise for adding one to their number. We ventured to do so because in the course of our work as teachers of Economic History in the University Tutorial Classes organised by the Workers' Educational Association, we found it difficult to refer our students to any single book containing the principal documents with which they ought to be acquainted. That Economic History cannot be studied apart from Constitutional and Political History is a commonplace to which we subscribe; and we are not so incautious as to be tempted into a discussion of what exactly Economic History means. It is sufficient for our purpose that a subject which is called by that name is being increasingly studied by University students, and that while the principal documents of English Constitutional History are available in the works of Stubbs, Prothero, Gardiner and Grant Robertson, there is no book, as far as we know—except Professor Pollard's "The Reign of Henry VII. from Contemporary Sources"—which illustrates English economic development in a similar way. We are far from comparing our own minnow with these Tritons. But it may perhaps do some service till more competent authors take the field. It is hardly necessary for us to apologise for translating our documents into English, and for modernizing the spelling throughout. We are likely not to be alone in thinking that it would be a pity if a passing acquaintance with the materials of mediæval economic history were confined to those who can read Latin and Norman-French.

A word of explanation as to the selection and arrangement of our extracts may perhaps be excused. Our object was not to produce a work of original research, but to help students of economic history to see it more intelligently by seeing it through the eyes of contemporaries. Hence, though a considerable number of our documents are published here for the first time, we have not consciously followed the lure of the unprinted, and have chosen our extracts not because they were new, but because they seemed to illustrate some important aspect of our subject. For the same reason we have not confined ourselves entirely to "documents" in the strict acceptation of that term, but have included selections from such works as Roger of Hoveden, The Libel of English Policy, The Commonweal of this Realm of England, Hakluyt's Voyages, and the Tours of Defoe and Arthur Young, when they seemed to throw light upon points which could not easily be illustrated otherwise. The arrangement of our selections caused us some trouble. It is, perhaps, hardly necessary to urge that a document must be studied with reference to its chronological setting; and the simplest plan, no doubt, would have been to print them in strict chronological order. We felt, however, that the work of all but the more expert readers would be lightened if we grouped them under definite, even if somewhat arbitrary, headings of period and subject, and added short bibliographies of the principal authorities. This seemed to involve the writing of short introductory notes to explain the contents of each section, which we have accordingly done. But no one need read them. No one but students beginning the subject will. If an excuse is needed for stopping with the year 1846, we must plead that to end earlier would have been to omit documents of the first importance for the study of modern economic history, and that to continue further would have caused our book to be even more overburdened than it is at present.

That the attempt to produce in one volume a satisfactory selection of documents to illustrate English Economic History from the Norman Conquest to the Repeal of the Corn Laws can hardly be successful, that we have neglected some subjects—taxation, colonization, and foreign trade—and paid excessive attention to others—social conditions, economic policy, and administration—that every reader will look for a particular document and fail to find it, of all this we are sadly conscious. We are conscious also of a more serious, because less obvious, defect. Partly through a pardonable reaction against the influence of economic theorists, partly because of the very nature of the agencies by which historical documents are compiled and preserved, the natural bias of economic historians is to lay a perhaps excessive stress on those aspects of economic development which come under the eyes of the State and are involved in its activity, and to neglect the humbler but often more significant movements which spring from below, to over-emphasize organisation and to under-estimate the initiative of individuals. If a reader of these selections exclaims on putting them down, "How much that is important is omitted!" we can only confess ourselves in mercy and express the hope that they may soon be superseded.

It remains for us to thank those who have helped us with suggestions and criticisms, or by permitting us to reprint extracts from documents already published. We have to acknowledge the kind permission to reprint documents given to us by the Clarendon Press, the Cambridge University Press, the London School of Economics, the Department of Economics of Harvard University, The Royal Historical Society, The Early English Text Society, the Co-operative Union, Ltd., the Controller of H.M. Stationery Office, the Corporation of Norwich, the Corporation of Nottingham, Messrs. Kegan Paul, Trench and Trübner, Messrs. Duncker & Humblot, Dr. G. von Schanz, Professor G. Unwin, Professor F.J.C. Hearnshaw, The Rev. Canon Morris, Miss M.D. Harris, Mr. and Mrs. J.L. Hammond and Mr. F.W. Galton. Among those who have assisted us with suggestions or in other ways we must mention Mr. Hubert Hall, Mr. M.S. Giuseppi, Mr. S.C. Ratcliff, all of the Public Record Office, The Ven. Archdeacon Cunningham, Mr. W.H. Stevenson, of St. John's College, Oxford, Mr. A. Ballard, Miss Putnam, Mr. R.V. Lennard, of Wadham College, Oxford, Mr. K. Bell, of All Souls' College, Oxford, Mr. H. Clay, Mr. F.W. Kolthammer, Miss O.J. Dunlop, Miss H.M. Stocks, and Mr. and Mrs. J.L. Hammond. For reading our proofs, or part of them, we are indebted to Mr. E. Barker, of New College, Oxford, Mr. C.G. Crump and Mr. C.H. Jenkinson, of the Public Record Office, Dr. Knowles, of the London School of Economics, and Professor G. Unwin, of the University of Manchester.

We desire especially to express our gratitude to Mr. A.L. Smith, of Balliol College, Oxford, to whose encouragement it was largely due that this book was undertaken, and to Professor Unwin, who has not only read through the whole of it in proof, but by his advice and inspiration has laid us under an obligation that we cannot easily acknowledge.

[1] Messrs. Longman Green & Co.

A.E.B.
P.A.B.
R.H.T.

CONTENTS

[PART I: 1000-1485]
SECTION I
[THE EARLY ENGLISH MANOR AND BOROUGH]

SECTION II
[THE FEUDAL STRUCTURE]

SECTION III
[THE JEWS]

SECTION IV
[THE MANOR]

SECTION V
[TOWNS AND GILDS]

SECTION VI
[THE REGULATION OF TRADE, INDUSTRY, AND COMMERCE]

SECTION VII
[TAXATION, CUSTOMS AND CURRENCY]

[PART II: 1485-1660]
SECTION I
[RURAL CONDITIONS]

SECTION II
[TOWNS AND GILDS]

SECTION III
[THE REGULATION OF INDUSTRY BY THE STATE]

SECTION IV
[THE RELIEF OF THE POOR AND THE REGULATION OF PRICES]

SECTION V
[THE ENCOURAGEMENT OF INDUSTRY AND COMMERCE]

[PART III: 1660-1846]
SECTION I
[INDUSTRIAL ORGANISATION AND SOCIAL CONDITIONS]

SECTION II
[AGRICULTURE AND ENCLOSURE]

SECTION III
[GOVERNMENT REGULATION OF WAGES, CONDITIONS OF EMPLOYMENT, AND PUBLIC HEALTH]

SECTION IV
[COMBINATIONS OF WORKMEN]

SECTION V
[THE RELIEF OF THE POOR]

SECTION VI
[FINANCE AND FOREIGN TRADE]

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]

[2] See Cunningham, Growth of English Industry and Commerce, i., 570-576.

[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."

[4] The right conferred by his book or charter.

[5] Military service.

[6] Repair of the king's castles or boroughs.

[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.

[8] Guard of the king's person.

[9] Rent or tribute. Gafol is sometimes a tax payable to the king, and sometimes a rent or dues payable to the lord.

[10] Payment for pasturing swine.

[11] The lord's house.

[12] This clause appears only in the Latin version.

[13] i.e., Acquit his lord's inland or demesne.

[14] February 2.

[15] September 29.

[16] November 11.

[17] Pasture-land.

[18] i.e., He must plough 3 acres as his rent (gafol).

[19] Outfit.

[20] Reaping at the lord's command.

[21] If he have good land, good, that is, either in quality or quantity or both.

[22] The lord's herd.

[23] An acre for ploughing.

[24] A sheaf from each acre in harvest.

[25] A free but landless retainer.

[26] The reeve (gerefa).

[27] The first milk of a milch-cow after calving.

[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.

[29] A feast on the completion of the hayrick.

[30] Probably a feast at the completion of corn-stacking.

[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.

[32] There was clearly a difference of opinion.

[33] Rights and profits of jurisdiction.

[34] September 29.

[35] November 30.

[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.

[37] i.e., Rights of jurisdiction.

[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.

[39] i.e., Houses.

[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 3½d. 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, 172b], 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.

[41] Cotters.

[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 41½ 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.

[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).

[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.

[45] Unfree tenure is illustrated below in section III., The Manor.

[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 ½ 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 ½d. 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 ½d. 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.

[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 ½ 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]

[48] And eleven others named.

[49] June 24.

[50] A quarter of a virgate.

[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.

[52] And eleven others named.

[53] Here a toll of ships' ladings.

[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]

[55] Earl of Cornwall, the king's brother.

[56] For the uncertainty prevailing as to the burdens of this tenure in the thirteenth century, cf. Bracton, f. 35b. "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.

[57] And eleven others named.

[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.

[59] November 2.

[60] And twelve others named.

[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 2½ 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]

[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."

[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.

[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.

[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]

[66] Fine Roll, 8 Edward II., m. 19.

[67] Scutage Roll, 8-11 Edward II., mm. 2. l.

[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]

[69] Geoffrey Fitz Peter, justiciar of England, 1198-1213.

[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.

[71] Printed in Fœdera, I., ii., 517.

[72] The recovery of goods equivalent in value to goods wrongfully seized by way of distraint.

[73] For a curious instance of this liberty, see No. 22.

[74] Encroachments.

[75] A criminal who turns King's evidence.

[76] To bring an action for treason or felony.

[77] Surety or pledge.

[78] Surveyed.

[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.

[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.

[81] Printed in Selden Society Publications, Vol. 15, p. xlviii.

[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.

[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.

[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.

[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.

[86] Printed in Selden Society Publications, Vol. 15, p. 1.

[87] i.e., Acquire.

[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.

[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.

[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, Epistolœ (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 223½ 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 14¼d. a year.

Sum, 27s. 3¾d.

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.

3½ virgates.

John de Walda holds 3½ virgates with their homages appurtenant and renders 76s. a year at the two terms, without customs. Sum, 76s.

Virgate.

Maurice Algar holds ½ 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.

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.

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.

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.

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. 5½d.

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. 5½d.

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 ½d. 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 ½d. Further it ought to thresh and winnow 1½ quarters of oats, and the threshing and winnowing is worth 1½d. Further it ought to reap, bind and cock 4 acres of oats, and that custom is worth 2½d. 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 3½d. 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—

Foreland.

Of the Table of the King.

Names of the tenants assigned to serve the King's table.

Simon Weyland holds the swineherd's land, and renders ½ mark a year, because there are no swine.

The heir of William the Weaver holds the shepherd's land, and renders 12s. a year, because there are no animals.

Virgate.

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.

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 1½d. for going a reasonable day's journey out of the county and nothing for the return journey.

Cotters.

Names of the cotters and rents of assize of their tenements and the customs of the same.

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.

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]

Sum.

Sum, 102s. 11½d.

Richard Segar holds two dayworks with a house of the same [i.e. of new purpresture] and renders yearly 8d.

The same holds 1½ acres of old purpresture and renders yearly 6d.[103]

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.

Sum.

Sum, 117s. 7d.

Sum total of all lands occupied over the King, 21l. 2s. 0½d.

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]

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.

Sum.

Sum total of all sums of the same manor, 112l. 10s. 11¾d., except free tenants and the ploughing of sub-tenants and customary carts.

[91] And 28 others named.

[92] cf. above, Rectitudines, p. 5, under Geneat's Service, "he must ... cut the deer-hedge and maintain it."

[93] Produce or profits.

[94] November 11.

[95] Food for swine.

[96] Thirty-one virgates follow in like detail.

[97] Strips.

[98] September 29.

[99] November 11.

[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.

[101] Encroachment.

[102] A hundred more similar entries follow.

[103] A hundred and two more similar entries follow.

[104] Thirty-nine more similar entries follow.

[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]

[m.20.]

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.

Mercy, 2d.

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.

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.

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.

Entry, 5s.

Jordan de Stanbury, who held a messuage and ½ 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.

Fine, 2s.

John de Oldefeld, who held a messuage and ½ bovate of bondage land there, is dead. And Alice, his daughter and heir, is of the age of half a year. 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.

Entry, 2s.

Adam Dykson came here into Court and took a messuage and ½ 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.

Entry, 5s.

Roger Dikson, who held half a messuage and ½ 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.

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.

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.

Fine, 12d. (sic.)

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.

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.

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.

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.

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.

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.

Distraint.

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.

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.

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.

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.

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.

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.

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.

Fine, ½ mark.

William Iveson came into Court and made fine with the lord by ½ mark for licence to exercise the trades of tanner and shoemaker until Michaelmas next. Pledge, William son of Hugh the Bailiff.

Court holden at Bradford the day and year aforesaid.[108]

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.

[m. 32.]

Court holden at Bradford on Friday next before the feast of the Nativity of St. John the Baptist, 28 Edward III.[110]

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.

Merchet

Roger son of Roger de Manynghame has made fine of ½ mark for the merchet of Cecily his wife, the lord's bondwoman; pledge, Thomas de Manynghame.

Merchet.

Thomas Gabriell has made fine of ½ mark in like manner for the merchet[113] of Maud his wife, the lord's bondwoman; pledge, Thomas de Tiresale.

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.

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.

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.

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.

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.

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.

[m. 45 d.]

Court holden at Bradford on Wednesday, 12 December, 32 Edward III [1358].

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.

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].

Mercy, 4d. 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.

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.

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.

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.

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

Fine, 26s. 8d.

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.

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.

[106] December 12, 1349, the year of the Black Death. The monotonous death roll is noteworthy.

[107] Sc. the inheritance cannot descend.

[108] Monday before May 1, 1354.

[109] Fine on giving birth to an illegitimate child.

[110] Friday before June 24, 1354.

[111] i.e. Became sureties.

[112] i.e. Sureties.

[113] i.e. Fine upon marriage.

[114] i.e., head-money, a fine paid yearly by bond-tenants dwelling away from the manor.

[115] Interlined above Cecily is Roger Judson.

[116] Anabel has persistently refused to rebuild the house during the last six years; she discharges her obligation two years later [m.50].

[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.

[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]

[119] i.e. Thrown open for grazing.

[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 5½ 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]

[121] November 30.

[122] March 25.

[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.

[124] Fine.

[125] i.e. Free from the inspection and audit of the lord's officer.

[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.

[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]

[128] November 20.

[129] June 24.

[130] i.e. The lord providing dinner.

[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.

[132] Printed in Selden Society Publications, II., 95.

[133] November 23.

[134] November 1.

[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]

[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 Part II., Section I.; cf. also Savine, in E.H.R. xvii., 296.

11. Statute of Merton, c. 4 [Statutes of the Realm, Vol. I, p. 2], 1235-6.

Also, because many great men of England, who have enfeoffed their knights and freeholders of small tenements in their great manors, have complained that they cannot make their profit of the residue of their manors, as of wastes, woods, and pastures, though the same feoffees have sufficient pasture, as much as belongs to their tenements: it is thus provided and granted, that when any persons so enfeoffed bring an assize of novel disseisin touching their common of pasture, and it is acknowledged before the justices that they have as much pasture as suffices for their tenements, and that they have free entry and issue from their tenements into their pasture, then they shall be content therewith; and they of whom they had complained shall go quit of the profit which they have made of the lands, wastes, woods, and pastures; and if they allege that they have not sufficient pasture, or sufficient entry and issue as belongs to their tenements, then the truth shall be inquired by assize; and if it be acknowledged by the assize that their entry or issue is in any way hindered by the same [deforcers] or that they have not sufficient pasture and sufficient entry and issue, as is aforesaid, then shall they recover their seisin by view of the jurors: so that by their discretion and oath, the plaintiffs shall have sufficient pasture and sufficient entry and issue in form aforesaid, and the disseisors shall be in the mercy of the lord the King, and shall yield damages, as they ought to have rendered before this provision. And if it be acknowledged by the assize that the plaintiffs have sufficient pasture with free and sufficient entry and issue, as is aforesaid, then the others may make their profit lawfully of the residue, and go quit of that assize.

12. An Enclosure Allowed [Bracton's Note-Book, III, 212, No. 1198], 1236-7.

The assize comes to recognise if Elias of Leyburn unjustly etc. disseised Wymar of Leyburn of common of his pasture pertaining to his free tenement in the same town of Leyburn after, etc.[137]

And Elias comes and says that an assize ought not to be made thereof because that pasture belonged to five lords, and a covenant was made between the lords that each should make his profit of his part, and by this covenant he caused his part to be tilled, and thereof he put himself on a jury.

The jurors say that the wood was at one time common, in such wise that there were five sharers who had the wood common, and afterwards by their consent a partition was made between them that each should have his part in severalty, and it was granted that each might assart[138] his part and grow corn, saving however to each of them common of herbage after the corn was carried, and most of them assarted their part, but the wood whereof complaint is made was not then assarted, and because he to whom the wood pertains has now assarted a part, the said Wymar has brought a writ of novel disseisin. But because it is acknowledged that the wood was thus partitioned among the sharers, it is decided that the aforesaid Elias has not disseised him, and so Elias is dismissed sine die and Wymar is in mercy. And it shall be lawful for each sharer to assart his wood, saving to each of them common of his pasture after the corn and hay is carried.

[137] sc. The King's last return from Brittany.

[138] Bring into cultivation.

13. An Enclosure Disallowed [Bracton's Note-Book, III, 211, No. 1196], 1236-7

The assize comes to recognise if Robert de Fislake unjustly etc. raised a dyke in Woodhouse to the injury of the free tenement of Adam de Bladewrthe in the same town after etc.[139] Whereon Adam complains that Robert caused to be enclosed a meadow lying near his land, in which he ought to have common of herbage after hay-carrying, and that it ought to lie to pasture every third year with the fallow, wherefore he says that the dyke is to his injury and puts himself on a jury thereof. And Robert does the like.

The jurors say that the aforesaid Adam always used to have common in that meadow and in the land of Robert by that meadow after the corn and hay were carried, and when the land lay fallow, then in both meadow and fallow, and Robert caused the meadow to be enclosed so that Adam can have no entry to that pasture. And so it is awarded that the dyke be thrown down, and the meadow made as it should be, so that the aforesaid Adam have entry and issue, and that Robert be in mercy, etc.

[139] sc. The king's last return from Brittany.

14. A Villein on Ancient Demesne Dismissed to his Lord's Court [Bracton's Note-Book, III, 65. No. 1030], 1224.

The assize comes to recognise if Bartholomew son of Eustace unjustly and without a judgment disseised William son of Henry of his free tenement in Pilton after the last, etc. And Bartholomew comes and says that the assize ought not to be made thereof because the said William held the tenement only in villeinage, and is his villein, and does for him all customs such as ploughings and others, and says further that he cannot marry his daughter save by his lord's licence etc.

And William son of Henry comes and says that he is a free man and that he holds his tenement freely and that at another time he impleaded in the court of the lord the King as a free man touching the aforesaid tenement, to wit, touching the services and the like, and thereof he brings the rolls of Sir Martin de Patteshull to warrant and likewise a writ which the same Martin wrote with his own hand, which also was sent to the sheriff of Rutland for the same plea, and the sheriff's clerk has shown him the writ, etc. A day is given to hear his judgment on such a day, etc.

On the day the court records at Westminster that the same William in the time of King John was convicted at Bedford of owing villein customs from that tenement, such as ploughing, reaping and many others at his own food, and of being unable to marry his daughter or sister without licence of his lord. And so it is decided that the assize of novel disseisin does not lie because the tenement is not free, and so William is in mercy. And if he will, let him plead in the manor by writ of right.

15. Claim to be on Ancient Demesne defeated [Bracton's Note-Book, III, 250, No. 1237], 1237-8.

The men of the Prior and convent of St. Swithin of Crondall, Hurstbourne and Whitchurch, complained to the lord the King that whereas they had been granted to the same Prior and convent and their church in pure and perpetual alms by the ancestors of the lord the King, the Prior and convent demanded of them other customs and services than they used to do in the times in which they were in the hands of the aforesaid predecessors, etc.

And Oliver the Steward and Horder come and say that they demand no other services than the men used and ought to do, and that the lands were never in the hands of the ancestors of the lord the King, because two hundred years before the conquest of England they were given to the Prior and Convent of St. Swithin and by others than Kings, to wit, earls and others, etc., and then they owed and used to do whatever was commanded them. But in process of time, when the priory was well nigh destroyed by one Abbot Robert,[140] bishop Richard came and for the profit of the Prior and convent disposed of their lands and manors in such wise that he caused an inventory to be made of the holdings and of the names of the tenants and their services, as well tenants in villeinage as in frank fee, and so that he demanded no other services than they did then and were then set forth in the inventory. Afterwards however when the lands were in the hand of farmers at one time and at one time in the hand of the aforesaid villeins for forty years,[141] the farmers remitted to them certain services and customs for money. And when the lands were in the hand of the aforesaid villeins they detained and withheld the rent to the sum of 60s. and more, and also a great amount of corn, and withheld a great amount of the lands contrary to the aforesaid enrolment made by the aforesaid bishop Richard. And because the aforesaid men acknowledge that they are villeins, as is aforesaid, and because they cannot deny these things, they are told to do to the Prior and convent the services and customs which they used to do. And the lord the King will not meddle with them since they were never in the hand of him or his ancestors, etc.

[140] 1174-1188.

[141] For a similar lease to tenants see No. 5.

16. The Little Writ of Right [Court Rolls, 172, 27], 1390.

Richard by the grace of God King of England and France and Lord of Ireland to the bailiffs of Anne, Queen of England, our beloved Consort, of Havering atte Bower, greeting. We command you that without delay and according to the custom of the manor of Havering atte Bower you do (teneatis) full right to John de Lancastre of Hatfield Broadoak touching 40s. of rent with the appurtenances in Havering atte Bower, of which John Organ, citizen and mercer of London, and Margery his wife deforce him; that we may hear no further complaint thereof for default of right. Witness myself at Westminster the 30th day of January in the thirteenth year of our reign.

17. Villeinage Established [Bracton's Note-Book, III, 119, No. 1103], 1225.

A jury comes by consent of the parties [to recognise] whether William son of Henry and his ancestors held two parts of a bovate of land with the appurtenances in Pilton in villeinage of the ancestors of Bartholomew son of Eustace, doing these underwritten customs, to wit, 3s. 4d. a year of farm, and at Christmas 4 hens, and at the summons of Bartholomew, between Christmas and the Purification, one feast, and whether in Lent he ought to plough for one day at his own food, and to harrow for one day at his own food, and on Easter day to give 20 eggs, and in summer to plough for one day at the dinner of Bartholomew,[142] to reap for one day at the food of Bartholomew, to wit, twice a day, and for one day to carry his hay at the food of the same Bartholomew, and in autumn to do boon-work for Bartholomew, with his whole household except his wife, and for Bartholomew's loveboon to find a man at his own food, and in winter to plough for one day at Bartholomew's dinner, and whether, if he wish to marry his daughter or his sister, he shall make fine with Bartholomew as best he may; or whether William or his ancestors have held the land freely, rendering 3s. 4d. a year and doing foreign service for all service, etc.

The jurors say that the same William and his ancestors used and ought to do all the aforesaid customs which Bartholomew demands, to wit, from 1 bovate of land with the appurtenances, except that on Christmas day when he renders hens he ought to eat with Bartholomew on the same day, and furthermore that they never saw him sell a daughter or sister or give merchet or marry, but have seen that Bartholomew sold to Ralph Cayllard John, brother of William by the same father and mother, for 40s., and the same Ralph did with him his will.

And so it is awarded that William is convicted of villeinage, and if he will do the aforesaid customs, let him hold the bovate of land by the same customs, but if not, let Bartholomew do his will with the land and with William as with his villein, and let him be delivered to him.

[142] i.e. Bartholomew providing dinner.

18. Freedom and Freehold Established [Bracton's Note-Book, III, 224, No. 1210], 1236-7.

The assize comes to recognise if Thomas de Sumerdeby and many others disseised Roger Gladewine of his free tenement in Spitelgate after etc.,[143] whereof he complains that they disseised him of 2½ acres and a toft.

And Thomas and the others come and say that the same Roger is a villein and the tenement whereof view is made is villeinage, and thereof they put themselves on a jury. And Roger says that he is a free man and the tenement is free, and that his ancestors were free men and held freely, and thereof he puts himself on a jury.

The jurors say that the aforesaid Roger holds his tenement in the same town by 2s. a year and by two works in autumn at his lord's food, and he shall give two hens at Christmas and eat with his lord. And questioned if he or any of his ancestors had given merchet for marrying his daughter, they say, No. Questioned if he had ever been tallaged, they say, No. And the aforesaid Thomas, questioned if others of his fee do other villein services, he says that others do all manner of villein services. And because he does no service save the aforesaid money payment and the services named, nor gives merchet for a daughter, nor is tallaged, therefore it is awarded that he held freely and that he recover his seisin, and Thomas and the others are in mercy.

[143] sc. The King's last return from Brittany.

19. A Villein Pleads Villeinage on One Occasion And Denies It on Another [Bracton's Note-Book, III, 364, No. 1411], 1220.

Hamelin son of Ralph was attached to answer Hugh de Gundevill wherefore he brought an assize of novel disseisin against the aforesaid Hugh, his lord, touching a tenement in Pinpre, inasmuch as he is a villein and acknowledged himself to be the villein of the aforesaid Hugh's father in the time of the lord King John, etc. before the justices in eyre at Sherborne, as the same Hugh says, and thereon shows that Simon de Patteshull, Eustace de Faucumberge and others their fellows were then justices. And that Thomas acknowledged himself to be his father's villein, as is aforesaid, he puts himself on the record of the court and on the rolls, etc.

And Hamelin comes and denies that he is a villein or ever acknowledged himself to be a villein in the court of the lord the King, as Hugh says, and thereof puts himself in like manner on the record of the court. But he will speak the truth. He says that at that time, to wit, in the eyre of the justices, he held certain land in villeinage which he had bought, and then acknowledged that the land was villeinage, and specifically denies that he ever acknowledged himself to be a villein. The rolls of the eyre are searched, and there it is recorded that one Osbert Crede brought an assize of mort d'ancestor in respect of the death of Henry his brother against Hamelin touching a carucate of land with the appurtenances in Pinpre, in such wise that Hamelin answered against the assize that it ought not to proceed because he could not gain or lose that land, because he was the villein of Hugh de Gundevill, father of the aforesaid Hugh. And this was found in many rolls, and when Hamelin should have had his judgment, he absented himself and withdrew without licence, whereupon the sheriff was ordered to have his body on such a day, etc., to hear his judgment thereof, etc. And on that day he came not, and the sheriff reported that he had withdrawn himself and could not be found, wherefore the sheriff was ordered to take the whole of Hamelin's land into the hand of the lord the King, and to keep it safely, etc., because Hamelin withdrew himself and would not stand to right touching Hugh's complaint of him, and to certify the justices of what he should do thereof on such a day etc. On that day Hamelin came not and the sheriff reported that he had taken his land into the hand of the lord the King.

And because the court records that Hamelin acknowledged himself to be a villein, and Hugh afterwards by the aforesaid assize of novel disseisin lost his land, it is decided that Hugh recover seisin of that land whereon the assize was taken, and that he have Hamelin as his villein convicted, and that the assize of novel disseisin which was taken thereof be held void, and that Hugh be quit of the mercy wherein he was put for that disseisin. And the sheriff is ordered to make diligent enquiry who were the jurors of that assize and to have them on such a day, etc., to hear the judgment on them for the oath which they made thereof. And if Hamelin held any tenement of Hugh, let Hugh do therewith as with his own, etc.

20. An Assize Allowed to a Villein [Bracton's Note-Book, III, 527, No. 1681], 1225.

The justices in eyre in the county of Essex were ordered to take a grand assize between Thomas of Woodford, claimant, and John de la Hille, tenant, of a virgate and a half of land with the appurtenances in Woodford. And the said John and Thomas came before the justices at Chelmsford and offered themselves, and the bailiff of the Abbot of Waltham came and said both claimant and tenant were villeins, and the tenement was the Abbot's villeinage and therefore the assize thereof ought not to proceed. He was questioned by the tenant whether the latter was a villein or not, and he said Yes, asserting that the said tenement was the Abbot's villeinage.

And Thomas comes [and says] that this ought not to hurt him, because when he impleaded the aforesaid John in the court of the lord Abbot by writ of the lord the King, no mention was made by the Abbot nor by John that the tenement was villeinage nor that John was a villein, but because the Abbot failed to do him right in his court, Thomas went to the county court and complained in the county court that the lord Abbot had failed to do him right in his court, and the Abbot, summoned hereon, came not, and the suit proceeded so far in the county court that the tenant asked and obtained view of the land. Afterwards he put himself on a grand assize as to which of the two had greater right in the aforesaid land without any challenge of villeinage being made on the part of the Abbot or of John. And this he sought to be allowed him.

And the Abbot's bailiff comes and denies the whole, as the court of the lord the King should award. And he said that unknown to the Abbot and without his court failing to do Thomas right, the suit was taken away to the county court, and this he asked to be allowed him. And owing to the doubt a day was given to the parties at Westminster, etc. And because the Abbot permitted John to be impleaded in his court first and in the county court afterwards until he put himself on a grand assize, the Abbot not having lodged the claim which he should have made, it is awarded that the assize proceed.

21. A Freeman Holding in Villeinage [Bracton's Note-Book, II, 233, No. 281], 1228.

William de Bissopestun, William de Ludington and Geoffrey de Cherlescote, knights, whom the lord the King appointed as justices to take an assize of novel disseisin which Thomas son of Adam arraigned against Ralph, Prior of Stiffleppe, and many others, of a tenement in Aldrestun, [were summoned] to make a record of that assize before the justices at Westminster, and to certify the same justices how far the process in the same assize was carried, and the same Thomas was summoned to hear that record. And William and Geoffrey come and record that the assize came to recognise before them if the aforesaid Prior and Thomas son of Payn and Gilbert son of Henry [and] Osmar le Bracur unjustly and without a judgment and after the last, etc., disseised the aforesaid Thomas son of Adam of his free tenement in Aldredestun. And the Prior came before them, and, being asked if he wished to say anything against the assize, said that the assize ought not to be made thereof, because the same tenement was his villeinage, and the same Thomas was his villein and owed villein customs as did all others of the aforesaid manor, such as ploughings and reapings, and he could not marry his daughter as a freeman could.

And Thomas acknowledged that he owed certain customs at the Prior's food, and that he owed him a rent and a fixed fine for his daughter, and said that he was a free man and held freely of the Prior, and thereof put himself on a jury. And hereon a jury was taken and the jurors said that they (the aforesaid Prior and others) disseised him of his free tenement, and after the term,[144] and the damage was taxed and estimated at two marks.

And the Prior says that in part their record is correct, but they say too little, because the jurors said that Thomas ought to give 12d. for marrying his daughter, and owed many other customs; and he and his fellows sought respite that they might have the opinion of Sir Robert de Lexinton whether this was a free tenement from which they know what the tenant ought to do and what not; and they could have no respite.

And the justices deny all this, and say that the jurors said nothing of the 12d.[145] And so it was awarded that the justices made a right judgment, and so they are quit thereof; and let the Prior be in mercy, and proceed further against Thomas if he will.[146]

[144] i.e. And after the king's last return from Brittany.

[145] 2d. in the text.

[146] On this case Bracton's comment runs: "Note the exception opposed that the complainant was a villein because he did villein services and customs, but fixed, and knew well what and how much. Answer, that though he did villein customs, he was free as to his body. And he did fixed customs and services, a thing which a villein holding villeinage cannot do."

22. Land Held by Charter Recovered from the Lord [Bracton's Note-Book, III, 622, No. 1814], 1227.

The assize comes to recognise if William de Sufford and Reynold de Sufford unjustly etc. disseised William the Tailor of his free tenement in Lodenes after the last, etc. And William comes and grants the assize, and Reynold comes not, and it is not known who he is, etc.

The jurors say that the father of the aforesaid William the Tailor was a villein of Roger, father of the aforesaid William de Sufford, and he held of him in villeinage all his life, and after his death Roger came and gave to William the Tailor a messuage and an acre and a rood of land to hold freely for a mark which William the Tailor gave to him, so that he should hold the land for 8d. a year and for foreign service, and so William the Tailor held the land and messuage the whole of Roger's life, and after his decease William the Tailor came to the aforesaid William de Sufford and to his mother and gave them 5s. to hold the land as he held it before, and so held it until William de Sufford unjustly disseised him. And so it is awarded that William the Tailor recover his seisin, etc.[147]

[147] On this case Bracton's comment runs: "Note that a villein's son recovered by assize of novel disseisin land which his father held in villeinage, because the villein's lord gave it to the son by charter, even without manumission."

23. The Manumission of a Villein [Ancient Deeds, A 10279], 1334.

Be it manifest to all by these presents that we, brother Robert, Abbot of Stoneleigh, and the convent of the same place, have granted for us and our successors that Geoffrey son of the late William Austyn of Wottonhull be free of his body with all his brood and his chattels hereafter for ever; so that neither we nor our successors shall be able to demand or claim anything in him or his brood or his chattels, but by these presents we are wholly excluded. In witness whereof we have put our seal to these presents. Given at Stonle on Monday next after the feast of the Purification of the Blessed Virgin Mary[148] in the eighth year of the reign of King Edward the third after the conquest.

[148] Monday after February 2.

24. Grant of a Bondman [Duchy of Lancaster, Misc. Bks., 8, f. 81 d.], 1358.

To all who shall see or hear this writing, Geoffrey, by divine permission Abbot of Selby, and the Convent of the same place, greeting in the Lord. Know ye that we, with the unanimous consent of out chapter, have given, granted and by this our present charter confirmed to John de Petreburgh John son of William de Stormesworth, our bondman, with all his brood and all his chattels, so that the aforesaid John with all his brood and all his chattels, as is aforesaid, remain henceforth for ever, in respect of us and our successors, free, at large, and quit of all bond of serfdom, so that neither we nor our successors nor any man in our name shall be able henceforth to demand, claim or have any right or claim or any action in the aforesaid John, his brood or his chattels, by reason of serfdom, villeinage or bondage. In witness whereof our common seal is appended to these presents. Given at Selby in our chapter-house on the 10th day of the month of June, A.D. 1358.

25. Imprisonment of a Gentleman Claimed as a Bondman [Patent Roll, 25 Henry VI, p. 2, m. 9], 1447.

The King to all to whom, etc., greeting. Know ye that whereas Humphrey, late duke of Gloucester, lately seised of the manor of Bowcombe in the Isle of Wight in the county of Southampton in his demesne as of fee or at least fee tail, lately, upon undue information given to him, claiming one John Whithorne of the county of Wiltshire, gentleman, to be his bondman belonging to him as it were to the manor aforesaid, caused the same John to be taken by his ministers and servants, and all the lands and tenements of the same John, to wit, 60 messuages, 6 tofts, one dovecote, 600 acres of land, 30 acres of meadow, 6 acres of pasture and 6s. 8d. of rent with the appurtenances in the city of Salisbury, Fisherton Anger, Middle Winterslow and West Winterslow, Woodmanton, Burchalk, Bulbridge, Ugford St. James, Wilton, Foulston, Barford St. Martin, Fonthill Gifford, Sharnton, Ashton Gifford, Babeton, Deptford, Wily, Alderbury and Avon, in the said county of Wilts, to be seized into his hands, and certain goods and chattels of the same John being at Wilton in the said county of Wilts likewise to be taken into his hands, and the same John to be brought to the same late duke's castle of Pembroke in Wales, where the same late duke imprisoned the same John and detained him there in prisons so dire, in a dungeon so obscure and dark, in such great hunger, misery of life, deprivation of food and clothes, and imposition on the same John of imprisonment, duress and divers other hardships and miseries, putting aside and abandoning all pity, for seven years and more, that the same John by occasion thereof has totally lost the sight of his eyes, miserably incurring bodily blindness for the term of his life and other incurable infirmities, as we have learned; which messuages, tofts, dovecote, land, meadow, pasture and rent, by and after the death of the aforesaid late duke, have descended to us as kinsman and heir of the same late duke: And now we, being credibly informed upon the truth of the matter in this behalf, have learned from trustworthy testimony that the aforesaid John has always been and is a freeman and of free condition, never infected with the taint of villeinage, and that all the premises, done and brought upon him so enormously and opprobriously as well in his person as in his tenements and goods and chattels aforesaid, as is aforesaid, were done and perpetrated unduly and unjustly of great malice and insatiable avarice against all conscience: We, duly weighing all and singular the premises, and wishing due reformation of such and so great damages, oppressions, injuries and grievances, to be made and had, as far as in us lies, of our especial grace and of our certain knowledge and mere motion and in true execution and due completion of justice, by the tenour of these presents have deemed fit to remove and in fact by these presents we have removed our hands from the messuages, tofts, dovecote, land, meadow, pasture and rent aforesaid, with the appurtenances and with knights' fees, advowsons of churches and other ecclesiastical benefices whatsoever, franchises, liberties and all other things pertaining or belonging to the same, and by these presents have restored the same John to and into those messuages ... and by these presents we give and grant the same ... with all and all manner of issues ... from the time of the death of the said late duke forthcoming or received, to have and hold those messuages ... to him, his heirs and assigns, of the chief lords of that fee by the services therefrom due and accustomed for ever, as freely, well, entirely, peaceably and quietly as the same John had held or occupied the messuages ... before the seisin aforesaid made by the aforesaid late duke or his servants or ministers.... In witness whereof, etc., Witness the King at Westminster, 16 July.

By the King himself and of the date aforesaid by authority of Parliament.

26. Claim to a Villein [Early Chancery Proceedings, 16, 436], temp. Henry IV-Henry VI.

To the most reverend father in God, the archbishop of Canterbury, and chancellor of England.

Beseecheth meekly your poor bedeman, John Bishop, that where he late was in his house at Hamble-en-le-Rice in the county of Southampton the 12th day of March last past in God's peace and the King's, there came John Wayte, Richard Newport and John Newport with thirteen other persons in their company arrayed in manner of war, and in full riotous wise in forcible manner there and then entered the house of your said beseecher about midnight, and him lying in his bed took, seized and imprisoned, and his purse with 25s. of money therein and the keys of his coffers from him took and the same coffers opened and 28l. of his money, 2 standing cups of silver gilt, 7 flat pieces of silver, 2 masers, 6 girdles and a baselard harnessed with silver, of the goods and chattels of William Poleyn of the value of 40l. there being in the keeping of your said beseecher, and 5 pieces of kerseys and the stuff of household of your said beseecher to the value of 30l. there found, took and bare away, and him from thence the same night to Sydyngworth led and in horrible strait prison kept by the space of two days, and from thence him carried to a place called Spereshot's place in the same [town] and him there in full strait grievous prison in stocks kept still by the space of five days and other full great wrongs to him did against the peace of the King our sovereign lord to the utter destruction of the body of your said beseecher, which is not of power to sue his remedy by the common law, and importable loss of his goods but if more sooner remedy be had for him in this behalf. Please it your gracious lordship to grant several writs to be directed to the said John Wayte, Richard Newport and John Newport, commanding them to appear before you at a certain day by you to be limited to be examined of these premises and to do and receive what good faith and conscience will in this behalf, and that they moreover by your discretion be compelled to find sufficient surety to keep the King's peace against your said beseecher and against all the King's liege people, at the reverence of God and in the way of charity.

Pledges to prosecute{William Poleyn.
{John Grene.

This is the answer of John Wayte to a bill put against him by John Bishop before the King in his Chancery.

The said John Wayte saith by protestation that the said John Bishop is his villein regardant to his manor of Lee in the county of Southampton, and he and his ancestors and all those whose estate John Wayte hath in the same manor have been seised of the said John Bishop and of his ancestors as villeins regardant to the said manor from the time that no mind is, and saving to the said John Wayte and his heirs all manner advantage to seize and claim the same John Bishop and his heirs and their blood, all their lands and tenements, goods and chattels, and all manner other advantage and objections of bondage of and against the said John Bishop and his blood hereafter, by protestation that the said John Wayte is not guilty of no matter contained in the said bill like as by the same bill it is supposed for plea, saith, inasmuch as all the matters of complaint contained in the said bill be matters determinable by the common law of this land in other courts of our sovereign lord the King, and not in this court, asketh judgment and prayeth to be dismissed out of this court after the form of the Statute.

This is the replication of John Bishop unto the answer of John Wayte.

The said John Bishop saith that he is a free man born and of free condition and not bondman of the said John Wayte, and that all the ancestors of the same John Bishop from the time that no mind is have been free men and of free condition, born within the parish of Corfe in the county of Dorset and not within the manor of Lee in the county of Southampton, as by divers true inquisitions hereof taken before certain commissioners by virtue of the king's commission to them directed it plainly appeareth, which commissions and inquisitions remaineth in this place of record; and he saith moreover that the said John Wayte wrongfully by great force hath taken from him his goods and chattels and him grievously imprisoned in the manner and form declared in his bill, and him put to such cost, loss of his good, let of his labour and business, and other great troubles and vexations, that he is so poor and brought to so great misery that he is not of power to sue against the said John Wayte for remedy of the said wrongs by course of the common law of this land. Wherefore, inasmuch as he withsaith not the matter contained in the said bill of complaint of the said John Bishop, he prayeth that the said John Wayte may be compelled by the rule and discretion of this court to restore him of his said goods and to give him sufficient damages and amends for the said trespass to him done.

27. The Effect of the Black Death [Duchy of Lancaster, Misc. Bks. 8, f. 57d.], 1350.

Proxy for Parliament.—To his most excellent Prince and Lord, the most reverend Lord Edward, by the grace of God illustrious King of England and France and Lord of Ireland, his most humble chaplain, Geoffrey, Abbot of the Monastery of Selby, in the diocese of York, submission and reverence, with the bond of instant prayer to God. Since we are occupied beyond our strength in supporting the charges incumbent on our monastery, as well because our discreeter and stronger brethren, on whom rested the governance of our house, have gone the way of all flesh through the pestilence, as because our house both in decay of rents and in lack of corn and other victuals is suffering undue disaster, and also being hindered by other unavoidable obstacles, we are unable to be present in person in the instant Parliament to be held on the octave of the Purification of the Blessed Virgin Mary next coming, we make and appoint by these presents our beloved in Christ Sir Thomas de Brayton, clerk, and Hilary de Useflete, and each of them singly, our true and lawful proctors to appear for us in your said Parliament on the said day and place with the continuation and prorogation of the days following; giving and granting to the same and to each of them special command in our name to treat with you and with the rest of the prelates, magnates and chiefs of the said realm, being in the same Parliament, on the arduous and urgent affairs touching you and the estate and good governance of your realm of England and other your lands and lordships, which shall be there treated in common, and to consent to the measures which by God's favour shall be ordained then and there by the common council, and also to do and further all and singular other measures which we could have done in the said Parliament, if we had been present there in person; intending to ratify and approve whatsoever our said proctors or any one of them shall deem fit to be done in the premises in our name. In witness whereof our seal is affixed to these presents. Dated, etc.

28. Accounts of the Iron-works of South Frith Before and After the Black Death [Ministers' Accounts, 891, 8 and 9], 1345-6 and 1349-50.

The account of Thomas Judde, receiver of South Frith, from Michaelmas, 19 Edward III, to the morrow of Michaelmas following, 20 Edward III.

Sale of Wood.—[He answers] also for 188l. 4s. 6d. for wood sold in South Frith by Sir Andrew de Bures, Walter Colpeper, and William Lengleys, in the month of April, as appears in the particulars; and for 18l. 7s. for wood sold there by the same in the month of August, as appears by the particulars; and for 6l. 7s. 5d. for wood blown down by the wind, sold during the time covered by this account, as appears by the particulars indented. Sum:—212l. 18s. 11d.

Defect of rent.—In defect of rent of 40 acres of land sometime of Hugh Champion in South Frith, because they are in the hand of the lady and lie waste for lack of a tenant, 13s. 4d. a year; in defect of rent of Thomas Springget for a smithy which lies waste and is not worked, 12d. a year; in defect of rent of a house sometime of Walter le Smyth, because it is pulled down, and it is testified that he has nothing on the lady's fee, 12d. a year. Sum:—15s. 4d.

The account of Thomas Judde, receiver of South Frith, from Michaelmas, 23 Edward III, to the morrow of Michaelmas following, 24 Edward III, for the whole year.

Sale of wood.—He answers for 17l. 14d. received for wood thrown down by the wind, as appears by the particulars indented between Walter Colpepyr and the said receiver. Sum:—17l. 14d.

Defect of rent.—He accounts in defect of rent of 40 acres sometime of Hugh Campyon, because they are in the hands of the lady and lie waste in the said wood for lack of a tenant, 13s. 4d. a year; further, in defect of rent of Thomas Springet for a smithy in the hand of the lady, as above, 12d.; further, in defect of rent of the house of Walter le Smyth, as above, 12d.; further, in defect of rent of Richard atte Ware, as above, 5s. 7d. for 8 acres 3 roods of land at Bukesworthbrom with other parcels of land there; further, in defect of rent of Thomas Harry for 3 roods of land, as above, 4½d.; further in defect of rent of William Huchon for 6 acres of land, as above, 3s.; further, in defect of rent of Richard Sampson for 19 acres 1 rood of land, as above, 12s. 10d.; further, in defect of rent of Thomas Harry for two smithies, as above, 2s.; further, in defect of rent of Robert le Hore for a house, as above, 7d.; further, in defect of rent of Richard Gambon for a house, as above, 12d.; further, in defect of rent of John Coppynger for a house, as above, 12d.; further, in defect of rent of Richard Sampson for 3 acres of land, as above, 18d.; further, in defect of rent of William atte Sandhelle for 20 acres of land, as above, 13s. 4d.; further, in defect of rent of Richard Sewale for 20 acres of land, as above, 13s. 4d.; further, in defect of rent of William Crowle and Simon de Herst for 36 acres 3 roods of land, as above, 18s. 4½ d.; further, in defect of rent of Robert Smale, John Watte, Jordan Odam and William Mowyn, for 23 acres 3 roods of land, as above, 15s. 11d.; further, in defect of rent of Walter Colpeper for 22 acres 3 roods of land, as above, 5s. 8¼ d.; further, in defect of rent of Walter Mody for 18 acres of land, as above, 9s.

Sum of the ancient defect, 15s. 4d.

New defect through the pestilence this second year.

Sum:—119s. 3¼d. Whereof 103s. 11¼d. is of new defect by reason of the pestilence.

29. The Peasants' Revolt [Assize Roll, 103, mm. 10 & 10d.], 1381.

Pleas in the Isle of Ely before the justices appointed in the county of Cambridge to punish and chastise insurgents and their misdeeds, on Thursday next before the feast of St. Margaret the Virgin,[149] 5 Richard II.

Inquisition taken there on the said Thursday by the oath of John Baker[150] ... who say on their oath that Richard de Leycestre of Ely on Saturday next after the feast of Corpus Christi in the 4th year of the Lord the King that now is, of his own will made insurrection, gathering to himself John Buk of Ely and many other evildoers unknown, and went through the whole town of Ely, commanding that all men, of whatsoever estate, should make insurrection and go with him to destroy divers traitors whom he would name to them on behalf of the lord King Richard and the faithful commons; and hereupon he made divers proclamations seditiously and to the prejudice of the lord the King, whereby the people of the same town of Ely and other townships of the isle aforesaid were greatly disturbed and injured. Further they say that the same Richard [de Leycestre] on Sunday following commanded John Shethere of Ely, Elias Glovere, John Dassh, skinner, John Tylneye, wright, and John Redere of Ely, Thomas Litstere of Ely, Richard Swonn of Ely and John Milnere of Ely and many others of the commons there assembled, that they should go with him to the monastery of Ely to stand with him, while he, in the pulpit of the same monastery, should declare to them and all others the matters to be performed on behalf of King Richard and the commons against traitors and other disloyal men, and this under pain of the burning of their houses and the taking off of their heads; and so the same Richard [de Leycestre] was a notorious leader and assembler feloniously, and committed all the aforesaid acts to the prejudice of the crown of the lord the King. Further they say that the same Richard on Monday next following at Ely, as principal leader and insurgent, with the aforesaid men above named and many others unknown of his fellowship, feloniously broke the prison of the lord Bishop of Ely at Ely and feloniously led away divers felons there imprisoned.

And that the same Richard on the said Monday at Ely feloniously adjudged to death Edmund de Walsyngham, one of the justices of the peace of the lord the King in the county of Cambridge, whereby the said Edmund was then feloniously beheaded and his head set on the pillory there, the same being a pernicious example. And that the same Richard was the principal commander and leader in all the felonies, seditions and other misdeeds committed within the isle at the time aforesaid, etc.

And hereupon the aforesaid Richard was taken by the justices aforesaid and afterwards brought before them and charged and diligently examined touching all the felonies and seditions aforesaid, article by article, in what manner he would acquit himself thereof; and he made no answer thereto but proffered a protection of the lord the King granted to him for the security of his person and his possessions to endure for one year according to the form and effect used in the Chancery of the lord the King; and he says that he does not intend to be annoyed or disquieted touching any presentments made against him by the justices, by virtue of the protection aforesaid, etc. And the aforesaid Richard was asked if he would make any other answer to the premises under the peril incumbent, in that the protection aforesaid is insufficient to acquit him of the premises or of any article of the same. And hereupon the same Richard made no further denial of any of the premises presented against him, but said, "I cannot make further answer, and I hold myself convicted." And because it is clear and plain enough to the aforesaid justices that the same Richard is guilty of all the felonies and seditions aforesaid, as has been found before the same justices in lawful manner, therefore by the discretion of the said justices he was drawn and hanged the same day and year, etc., and [it was adjudged] that his lands and tenements, goods and chattels, should be forfeit to the lord the King, as law requires. And order was made to Ralph atte Wyk, escheator of the lord the King, that he should make due execution thereof forthwith for the lord the King, etc. And it is to be known that it was found before the aforesaid justices that the same Richard has a shop in "le Bocherie" in Ely, which is worth yearly beyond reprises 10s., and chattels to the value of 40 marks, which the same Ralph seized forthwith, etc.

Further the aforesaid jurors say that John Buk of Ely was a fellow of the aforesaid Richard Leycestre all the time of the insurrection and tumult at Ely in the accomplishing of all the felonies, treasons and misdeeds, whereof the said Richard was indicted. And specially that the same John, of his malice, at the time when Edmund de Walsyngham was adjudged to death, feloniously came to him and feloniously snatched a purse of Edmund attached to his tunic containing 42½d., and violently assaulted the said Edmund, dragging him to the place of his beheading, and carried away the said money except 12d. thereof which he gave to John Deye of Willingham, who there feloniously beheaded Edmund, for his labour. And hereupon the aforesaid John Buk was taken and brought forthwith before the aforesaid justices and charged touching the premises article by article, in what manner he will make answer thereto or acquit himself. And he says that as to all the matters touching Edmund de Walsyngham whereof he is charged, he came with many others to see the end of the said Edmund and to hear the cause of his death, and not otherwise, and this by the command of divers of the said commons. And he was asked further by whose command he came there and snatched the purse with the money aforesaid from the said Edmund in the form aforesaid, and he said that he believes it was by command of the devil. And he confessed further how and in what manner he dealt with the aforesaid purse with the money aforesaid, as was found above. And to all other presentments made against him he made no further answer. And because it is clear and plain enough, as well by his own acknowledgment as by lawful finding otherwise, that the same John is guilty of all the felonies and treasons aforesaid, therefore by the discretion of the said justices he was drawn and hanged, etc.; and [it was adjudged] that his lands and tenements, goods and chattels, should be forfeit to the lord the King, as law requires. And order was made to Ralph atte Wyk, escheator of the lord the King, that he should make due execution thereof forthwith for the lord the King, etc., because it was found before the aforesaid justices that he has goods and chattels to the value of 20l., which the same Ralph seized forthwith and made further execution, etc.

[m. 10d.] Ely.—Adam Clymme was taken as an insurgent traitorously against his allegiance, and because on Saturday next after the feast of Corpus Christi in the 4th year of the reign of King Richard the second after the Conquest, he traitorously with others made insurrection at Ely, feloniously broke and entered the close of Thomas Somenour and there took and carried away divers rolls, estreats of the green wax of the lord the King and the Bishop of Ely, and other muniments touching the Court of the lord the King, and forthwith caused them to be burned there to the prejudice of the crown of the lord the King.

Further that the same Adam on Sunday and Monday next following caused to be proclaimed there that no man of law or other officer in the execution of duty should escape without beheading.

Further that the same Adam the day and year aforesaid at the time of the insurrection was always wandering armed with arms displayed, bearing a standard, to assemble insurgents, commanding that no man of whatsoever condition he were, free or bond, should obey his lord to do any services or customs, under pain of beheading, otherwise than he should declare to them on behalf of the Great Fellowship. And so he traitorously took upon him royal power. And he came, brought by the sheriff, and was charged before the aforesaid justices touching the premises, in what manner he would acquit himself thereof. And he says that he is not guilty of the premises imputed to him or of any of the premises, and hereof puts himself on the country, etc. And forthwith a jury is made thereon for the lord the King by twelve [good and lawful men] etc., who being chosen hereto, tried and sworn, say on their oath that the aforesaid Adam is guilty of all the articles. By the discretion of the justices the same Adam is drawn and hanged, etc. And it was found there that the same Adam has in the town aforesaid chattels to the value of 32s., which Ralph atte Wyk, escheator of the lord the King, seized forthwith and made further execution for the lord the King, etc.

Cambridge.—John Shirle of the county of Nottingham was taken because it was found that he was a vagabond in divers counties the whole time of the disturbance, insurrection and tumult, carrying lies and worthless talk from district to district whereby the peace of the lord the King could be speedily broken and the people disquieted and disturbed; and among other dangerous words, to wit, after the proclamation of the peace of the lord the King made the day and year aforesaid, the assigns[151] of the lord the King being in the town and sitting, he said in a tavern in Bridge Street, Cambridge, where many were assembled to listen to his news and worthless talk, that the stewards of the lord the King, the justices and many other officers and ministers of the King were more worthy to be drawn and hanged and to suffer other lawful pains and torments, than John Balle, chaplain, a traitor and felon lawfully convicted; for he said that he was condemned to death falsely, unjustly and for envy by the said ministers with the King's assent, because he was a true and good man, prophesying things useful to the commons of the realm and telling of wrongs and oppressions done to the people by the King and the ministers aforesaid; and his death shall not go unpunished but within a short space he would well reward both the King and his officers and ministers aforesaid; which sayings and threats redound to the prejudice of the crown of the lord the King and the contempt and manifest disquiet of the people. And hereupon the aforesaid John Shirle was brought forthwith by the sheriff before the aforesaid assigns in Cambridge castle, and was charged touching the premises and diligently examined as well touching his conversation as touching his tarrying and his estate, and the same being acknowledged by him before the aforesaid assigns, his evil behaviour and condition is plainly manifest and clear. And hereupon trustworthy witnesses at that time in his presence, when the aforesaid lies, evil words, threats and worthless talk were spoken by him, were asked for, and they being sworn to speak the truth in this behalf, testify that all the aforesaid words imputed to him were truly spoken by him; and he, again examined, did not deny the premises imputed to him. Therefore by the discretion of the said assigns he was hanged; and order was made to the escheator to enquire diligently of his lands and tenements, goods and chattels, and to make due execution thereof for the lord the King.

[149] July 20.

[150] And eleven others.

[151] i.e. The justices assigned.

SECTION V

TOWNS AND GILDS

1. Payments made to the crown by gilds in the twelfth century, 1179-80—2. Charter of liberties to the borough of Tewkesbury, 1314—3. Charter of liberties to the borough of Gloucester, 1227—4. Dispute between towns touching the payment of toll, 1222—5. Dispute with a lord touching a gild merchant, 1223-4—6. The affiliation of boroughs, 1227—7. Bondman received in a borough, 1237-8—8. An intermunicipal agreement in respect of toll, 1239—9. Enforcement of charter granting freedom from toll, 1416—10. Licence for an alien to be of the gild merchant of London, 1252—11. Dispute between a gild merchant and an abbot, 1304—12. Complaints of the men of Leicester against the lord, 1322—13. Grant of pavage to the lord of a town, 1328—14. Misappropriation of the tolls levied for pavage, 1336—15. Ordinances of the White Tawyers of London, 1346—16. Dispute between Masters and Journeymen, 1396—17. Ordinances of the Dyers of Bristol, 1407—18. Incorporation of the Haberdashers of London, 1448—19. Indenture of Apprenticeship, 1459—20. A runaway apprentice, c. 1425—21. Incorporation of a gild for religious and charitable uses, 1447.

The origin and early development of towns, the emergence of gild merchant and craft gild, the mutual relationship of the two types of gild, and the part played by each in the evolution of municipal self-government, present problems to which there is no simple solution. The undoubtedly military object of many of the Saxon boroughs fails to explain their economic development; while the possession of a market did not lead of necessity to self-government. Often, indeed, there is little economic difference between a large manor and a small town; the towns pursued agriculture, and the manors engaged in industry. None the less the early borough, with its court co-ordinate with the hundred court, its special peace, and its market, stands out at the time of the Conquest as a distinct variety of communitas, and easily became a centre of specialised industry and privileged association. Constitutional and economic growth proceed side by side; a measure of liberty encourages commercial progress, and the profits of trade purchase a larger measure of liberty.

In this section an attempt has been made to illustrate the gradual expansion of the economic life of the town from the twelfth century onwards. The twelfth and thirteenth centuries witnessed a great and growing activity; craft gilds and gilds merchant were arising everywhere, and whether licensed or unlicensed, were paying considerable sums to the crown for privileges bought or usurped, (No. 1). The more important boroughs were securing charters from their lords (Nos. 2 and 3), while smaller towns were struggling to win economic freedom, that is to say, local monopoly, against serious obstacles (No. 5). The fate of a town depended much on the lord; the king's boroughs were more favoured than those of an earl or lesser baron, while the latter fared better than towns in the hands of a prelate (Nos. 11 and 12). The exaction of tolls and the claim to exemption from tolls, which prove the existence of considerable intermunicipal trade, were a common cause of litigation. The grant of incompatible privileges to rival communities was a source of profit to the mediæval monarchy; the crown secured payment in hand for the charters, and reaped the benefit of the inevitable dispute that followed (Nos. 4 and 8). The growth of intercourse is further shown by that curious feature of early borough development, the affiliation of distinct groups of towns (No. 6). Nos. 7 and 10 illustrate the coveted privileges of the freedom of a city or borough, and No. 9 the machinery by which a citizen protected himself if his liberty were infringed in another town. The character of tolls imposed by a town for municipal purposes and the possibility of corrupt collectors are shown in Nos. 13 and 14. The specialisation of industry is naturally followed by a differentiation of function, a process which develops normally in the fourteenth century and attains a certain rigidity in the fifteenth. Crafts begin to close their ranks, to lay down elaborate rules of membership, of the conduct of business and the methods of manufacture, to secure incorporation, and to strengthen their hands by establishing disciplinary precedents in relation to the journeymen and apprentices. The competition of the unskilled outsider is suppressed and apprenticeship insisted on (Nos. 15 and 17), the journeyman is restrained (No. 16), and the crafts establish a wide control over the conditions of labour (No. 18). No. 19 is a characteristic indenture of apprenticeship; No. 20 illustrates the tendency to invoke the central authority, which grows in force during the fifteenth century and culminates in the direct control exercised by the Chancellor over gild ordinances in the sixteenth century; while No. 21 is an example of the social religious gild, which was one of the mediæval methods of anticipating the poor law.

AUTHORITIES

The principal modern writers dealing with the subject of this section are:—Madox, Firma Burgi; Maitland, Township and Burgh; Merewether & Stephens, History of the Boroughs; Ballard, British Borough Charters; Bateson, Borough Customs(Selden Society); Gross, The Gild Merchant; Gross, The Affiliation of Boroughs (Antiquary, XII.); Drinkwater, Merchant Gild of Shrewsbury(Salop Archæol. Transactions, N.S. II.); Unwin, The Gilds and Companies of London; Unwin, Industrial Organisation in the sixteenth and seventeenth centuries; Green, Town Life in the Fifteenth Century; Toulmin Smith, English Gilds (Early English Text Society); Davies, History of Southampton; Hibbert, Influence and Development of English Gilds; Hudson, Leet Jurisdiction in the City of Norwich; Leonard, Early History of English Poor Law Relief; Denton, England in the Fifteenth Century.

For contemporary records the student may be referred to the following:—Riley, Memorials of London and London Life; Riley, Liber Albus; Sharpe, Calendars of Letter Books; Stevenson, Records of the Borough of Nottingham; Bateson, Records of the Borough of Leicester; Court Leet of the City of Norwich (Selden Society); Bickley, The Little Red Book of Bristol; Rotuli Cartarum(Record Commission); and the Calendars of Patent, Close and Charter Rolls(Record Office Publications).

1. Payments Made to the Crown by Gilds in the Twelfth Century [Pipe Roll, 26 Henry II], 1179-80.

The weavers of Oxford render account of 6l. for their gild. They have delivered it into the treasury.

And they are quit.

The corvesers of Oxford render account of 15s. for an ounce of gold for their gild. They have delivered it into the treasury.

And they are quit.

The weavers of Huntingdon render account of 40s. for their gild. They have delivered it into the treasury.

And they are quit.

The weavers of Lincoln render account of 6l. for their gild. They have delivered it into the treasury.

And they are quit.

The weavers of York render account of 10l. for their gild. They have delivered it into the treasury.

And they are quit.

The same sheriff [of York] renders account of 2 marks from the gild of glovers and curriers. In the treasury is 1 mark.

And they owe 1 mark.

The same sheriff renders account of 20s. from the gild of saddlers for [customs which they exact unjustly]. In the treasury is 10s.

And it owes 10s.

The same sheriff renders account ... of 1 mark from the gild of hosiers by way of mercy ...

And he is quit.

The citizens of Exeter render account of 40l. for the fine of a plea touching gilds. In the treasury are 20l.

And they owe 20l.

The same sheriff [of Devon] renders account ... of 1 mark from the borough of Barnstaple for a gild without warrant....

And he is quit.

The burgesses of Bodmin render account of 100s. for their false statement and for their gild without warrant. In the treasury are 50s.

And they owe 50s.

The same sheriff [of Cornwall] renders account ... of 3 marks from the burgesses of Launceston for their gild without warrant....

And he is quit.

The same sheriff [of Dorset and Somerset] renders account of 6 marks from the borough of Wareham for a gild without warrant. In the treasury are 3 marks.

And it owes 3 marks.

The same sheriff renders account ... of 3 marks from the borough of Dorchester for a gild without warrant. And of 2 marks from the borough of Bridport for the same....

And he is quit.

The same sheriff renders account ... of 20s. from Axbridge for a gild without warrant. And of ½ mark from Langport for the same....And he is quit.

The burgesses of Ilchester [render account of] 20s. for a gild without warrant.

The weavers of Winchester render account of 2 marks of gold for their gild. In the treasury are 12l. for 2 marks of gold.

And they are quit.

The fullers of Winchester render account of 6l. for their gild. They have delivered it into the treasury.

And they are quit.

The weavers of Nottingham render account of 40s. for their gild. They have delivered it into the treasury.

And they are quit.

The weavers of London render account of 12l. for their gild. They have delivered it into the treasury.

And they are quit.

Amercements of Adulterine Gilds in the City of London.

The gild whereof Goscelin is alderman owes 30 marks.

The gild of pepperers whereof Edward is alderman owes 16 marks.

The gild of St. Lazarus whereof Ralph le Barre is alderman owes 25 marks.

The gild of goldsmiths whereof Ralph Flael is alderman owes 45 marks.

The gild of Bridge whereof Ailwin Finke is alderman owes 15 marks.

The gild of Bridge whereof Robert de Bosco is alderman owes 10 marks.

The gild of Haliwell whereof Henry son of Godric is alderman owes 20s.

The gild of Bridge whereof Walter the Cooper is alderman owes 1 mark.

The gild of strangers (pelegrinorum) whereof Warner le Turnur is alderman owes 40s.

The gild of butchers whereof William Lafeite is alderman owes 1 mark.

The gild of clothworkers whereof John Maurus is alderman owes 1 mark.

The gild whereof Odo the Watchman is alderman owes 1 mark.

The gild of Bridge whereof Thomas the Cook is alderman owes 1 mark.

The gild whereof Robert Rochefolet is alderman owes 1 mark.

The gild whereof Hugh Leo is alderman owes ½ mark.

The gild whereof William de Haverhill is alderman owes 10 marks.

The gild whereof Thedric Feltrarius is alderman owes 2 marks.

The gild of Bridge whereof Peter son of Alan was alderman owes 15 marks.

The gild whereof John the White is alderman owes 1 mark.

2. Charter of Liberties To the Borough of Tewkesbury [Charter Roll, 11 Edward III, m. 10, No.21], 1314.

Gilbert de Clare, earl of Gloucester and Hertford, to all whom the present letters shall come, greeting. Whereas William and Robert, sometime earls of Gloucester and Hertford,[152] our progenitors, of famous memory, formerly granted and confirmed in turn for them and their heirs by their charters to their burgesses of Tewkesbury and their heirs and successors the liberties below written:

First, that the burgesses of the borough aforesaid should have and hold their burgages in the borough aforesaid by free service, to wit, each of them holding one burgage should have and hold it by the service of 12d. a year to be rendered to the same earls, and if holding more should have and hold each of them by the service of 12d. a year together with the service of doing suit to the court of the same earls of the borough aforesaid from three weeks to three weeks, for all service, so that after the decease of any of the burgesses aforesaid, his heir or heirs should enter the burgage or burgages aforesaid, of what age soever he or they should be, to hold the same quit of relief or heriot.

And to the same burgesses, each of them, that they might sell, pledge or loan to other burgesses their burgage or burgages aforesaid which they had in the same borough by purchase, at their will, without any ransom to be made, so that those burgesses to whom such burgages were sold, pledged or loaned, should show the charters or writings which they had thereof before the steward of the aforesaid earls in the court of the borough.

And if any of them should hold half a burgage, he should hold it with the same liberty with which tenants of a whole burgage should hold and have the same, according to the quantity of his burgage.

And that no burgess of the borough aforesaid should by reason of a burgage or half a burgage be in any wise tallaged or make ransom of blood or be disturbed by reason of the sale of his horse, ox or other his chattels whatsoever, but each of them should employ his merchandise without challenge.

And to the same burgesses, that they might make their wills and lawfully in their wills bequeath at their pleasure their chattels and burgages which they should hold by purchase.

And if it should happen that any of them were impoverished whereby he must sell his burgage, he should first seek from his next hereditary successor before his neighbours three times his necessaries in food and clothing for the poverty of his estate, and if he should refuse to do it for him, it should be lawful for him to sell his burgage at his will for ever without challenge.

And to the same burgesses, that they might make bread for sale in their own oven or that of another, and ale for sale in their own brewhouse or that of another, save that they should keep the royal assize.

And that they might make ovens, drying-houses, hand mills without hindrance of the earls aforesaid or their bailiffs whomsoever.

And that none of them should come without the borough aforesaid by any summons to the hundred of the same earls of the honour of Gloucester in the county aforesaid by reason of their burgages aforesaid.

And if a foreigner, who should not be a burgess nor the son of a burgess, should buy a burgage or half a burgage in the same borough, he should come to the court of the borough aforesaid next following and make his fine for entry and do fealty.

And that all burgesses who should hold a burgage or half a burgage and should sell bread and ale should come once at the Lawday yearly at the Hockday and there be amerced for breach of the assize, if they ought to be amerced, by the presentment of twelve men; so that each burgess should answer for his household (manupastu), sons and tenants, unless they should have been attached for any trespass to answer at the day aforesaid.

And to the same burgesses, that they should be quit of toll and of custom within the lordship of the aforesaid earls in the honour of Gloucester and elsewhere in England, according as they used of old; so that no foreigner should buy corn in the borough aforesaid nor put or keep any in a granary beyond eight days, to wit, between the Gules of August[153] and the feast of All Saints[154]; but if he did and were convicted thereof, he should be amerced at the will of the aforesaid earls or their bailiffs; nor after the feast of All Saints or [before] the Gules of August should he buy corn to put and keep in a granary, nor carry any by water without licence of the aforesaid earls or the bailiffs of the borough aforesaid, and he should pay customs.

And that no foreigner should be received by the steward, clerk or any other on behalf of the same earls to be within the liberty aforesaid, unless it were testified by lawful men of the borough aforesaid, that he were good and trusty.

And if any burgess should be out of the borough at the time of summons of the court aforesaid and could not reasonably be forewarned, he should not be amerced for default.

And if any foreigner should be received within the liberty of the borough aforesaid, he should find mainpernors[155] that he would bear himself in good manner and faithfully to the aforesaid earls and their bailiffs, and would be tractable to the commonalty of the borough aforesaid.

And that they, the burgesses, should be bailiffs and catch-polls[156] of that borough as often as they should be elected hereto, at the will of the aforesaid earls, their stewards and bailiffs, and by election of the commonalty of the borough aforesaid from year to year.

And that the burgesses aforesaid should have common pasture for their beasts in the common pasture of the borough aforesaid, according to their burgages which they have in the same borough, as they have been accustomed hitherto.

We, ratifying and approving the gifts and grants aforesaid, grant and confirm them for us and our heirs for ever. These witnesses:—Sirs Bartholomew de Badlesmere, Roger Tyrel, Gilbert of St. Ouen, Giles de Bello Campo, John de Harecourt, Robert de Burs, John Tyrel, knights, Master Richard de Clare, John de Chelmersford, clerks, and others. Given at Rothwell in the county of Northampton, 26 April, 1314, in the seventh year of the reign of King Edward, son of King Edward.[157]

[152] temp. William I.—Stephen. Note that the privileges here confirmed date from the first century after the Conquest.

[153] August 1.

[154] November 1.

[155] i.e.. Sureties.

[156] Constables.

[157] Extracted from the charter of confirmation of Edward III.

3. Charter of Liberties To the Borough of Gloucester [Charter Roll,11 Henry III, p.1, m. 10, No. 88], 1227.

Henry, King, etc., greeting. Know ye that we have granted and by this our charter confirmed to our burgesses of Gloucester the whole borough of Gloucester with the appurtenances, to hold of us and our heirs for ever at fee farm, rendering yearly 55l. sterling, as they were wont to render the same, and 10l. by tale of increment of farm, at our Exchequer at the term of Easter and at the term of Michaelmas. We have granted also to our burgesses of Gloucester of the merchants' gild that none of them plead without the walls of the borough of Gloucester touching any plea save pleas of foreign tenures, except our moneyers and ministers. We have granted also to them that none of them suffer trial by battle and that touching pleas pertaining to our crown they may deraign[158] according to the ancient custom of the borough. This also we have granted to them that all burgesses of Gloucester of the merchants' gild be quit of toll and lastage[159] and pontage[160] and stallage[161] within fairs and without and throughout seaports of all our lands on this side the sea and beyond the sea, saving in all things the liberties of the city of London, and that none be judged touching a money penalty save according to the ancient law of the borough which they had in the time of our ancestors, and that they justly have all their lands and tenements and sureties and debts, whosoever owe them, and that right be done them according to the custom of the borough touching their lands and tenures which are within the borough, and that pleas touching all their debts by loans which they have made at Gloucester, and touching sureties made there, be held at Gloucester. And if any man in the whole of our land take toll or custom from the men of Gloucester of the merchants' gild, after he have failed to do right, the sheriff of Gloucester or the provost of Gloucester shall take distress thereon at Gloucester, saving in all things the liberties of the city of London. Furthermore for the repair of the borough we have granted to them that they be all quit of "gyeresyeve"[162] and of "scotale,"[163] if our sheriff or any other bailiff exact "scotale." We have granted to them these aforesaid customs and all other liberties and free customs which they had in the times of our ancestors, when they had them well and freely. And if any customs were unjustly levied in the time of war, they shall be annulled. And whosoever shall come to the borough of Gloucester with his wares, of whatsoever place they be, whether strangers or others, shall come, stay and depart in our safe peace, rendering right customs. And let no man disturb them touching this our charter. And we forbid that any man commit wrong or damage or molestation against them thereon on pain of forfeiture of 10l. to us. Wherefore we will, etc. that the aforesaid burgesses and their heirs have and hold all these things aforesaid in inheritance of us and our heirs well and in peace, freely, quietly and honourably, as is above written. We will also and grant that the same our burgesses of Gloucester elect by the common counsel of the borough two of the more lawful and discreet burgesses of Gloucester and present them to our chief justice at Westminster, which two or one of them shall well and faithfully keep the provostship of the borough and shall not be removed so long as they be of good behaviour in their bailiwick, save by the common counsel of the borough. We will also that in the same borough of Gloucester by the common counsel of the burgesses be elected four of the more lawful and discreet men of the borough to keep the pleas of the crown and other things which pertain to us and our crown in the same borough, and to see that the provosts of that borough justly and lawfully treat as well poor as rich, as the charter[164] of the lord King John, our father, which they have thereon, reasonably testifies. We have granted also to the same burgesses of Gloucester that none of our sheriffs intermeddle with them in aught touching any plea or plaint or occasion or any other thing pertaining to the aforesaid borough, saving to us and our heirs for ever pleas of our crown, which ought to be attached by the same our burgesses until the coming of our justices, as is aforesaid. We have granted also to the same that if any bondman of any man stay in the aforesaid borough and maintain himself therein and be in the merchants' gild and hanse and lot and scot with the same our burgesses for a year and a day without claim, thenceforth he shall not be reclaimed by his lord, but shall abide freely in the same borough. These witnesses:—W. Archbishop of York, W. Bishop of Carlisle, H. de Burgo, etc., W. Earl Warenne, Osbert Giffard, Ralph son of Nicholas, Richard de Argentem, our stewards, Henry de Capella, John de Bassingeburn and others. Dated by the hand [of the venerable father Ralph bishop of Chichester, our Chancellor], at Westminster on the sixth day of April in the eleventh year, etc.

[158] Plead or bring evidence.

[159] A toll on the load exacted at fairs and markets, and on the lading of a ship.

[160] Bridge toll.

[161] Tolls for the erection of stalls or booths.

[162] A compulsory annual customary gift.

[163] Compulsory purchase of ale.

[164] Charter Roll, 1 John, m. 2.

4. Dispute Touching the Payment of Toll in a Borough [Bracton's Note-Book, II, 121, No. 145], 1222.

The bailiffs of the city of Lincoln were summoned to answer the burgesses of Beverley wherefore they permit them not to have their liberties which they have by a charter of the lord King John, which liberties they have used hitherto, etc.; whereon the burgesses say that while they came through the middle of the town of Lincoln on their way to the fair of St. Ives, the bailiffs took their pledges and their cloths contrary to their liberty, and that they are injured and suffer damage to the value of 60 marks, and thereof they produce their suit etc. and proffer their charter,[165] which testifies that the King gave to God and St. John and the men of Beverley that they should be free and quit of toll, pontage, passage, pesage, lastage, stallage and wreck and all other such customs, which pertain to the lord the King himself, throughout all the king's land, saving the liberties of London, etc.; wherefore they say that by that charter they always had quittance of the aforesaid customs until the last fair of St. Ives.

And the mayor of Lincoln and Robert son of Eudo, bailiffs of Lincoln, come and deny force and tort, but acknowledge indeed that they took toll from the complainants within their town, and this they could well do, because they have charters of King Henry, grandfather of the lord the King, and of King Richard, by which those kings granted to them all the liberties and free customs which they had of the ancestors of those kings, to wit, King Edward and King William and King Henry the grandfather, throughout the whole land of England, and all the liberties which the citizens of London have, saving to the same citizens of London their liberties; and thereof they put forward their charters[166] which witness the same; wherefore they say that by those charters they have always had the liberty of taking toll in their town and always hitherto were in seisin of that liberty, and they crave judgment if by the charter of the lord King John they ought to lose their liberty granted to them by his ancestors.

And the burgesses of Beverley say that after the charter of the lord King John they never gave toll, nay rather, they were always quit thereof by that charter, and this they offer to prove, etc. or to make defence that they never gave toll; and being asked if before that charter they gave toll, they say, Yes, and crave judgment hereon and offer to the lord the King two palfreys for an inquisition if after the charter of King John they were always quit of the aforesaid toll, and they are received, and so a jury was made by eight lawful citizens of Lincoln and further by eight lawful men of the vicinage of Lincoln, and let it come on such a day to recognise if those burgesses, when they brought wares through the town of Lincoln, were quit of toll in that town from the first year of the coronation of King John.[167]

[165] 1 John (1200). Rot. Cart. p. 53.

[166] 1 John (1200). Rot. Cart., pp. 5, 56.

[167] See note to No. 8.

5. Dispute With a Lord Touching a Gild Merchant [Curia Regis Rolls, Mich. 8 Henry III, m. 6], 1223-4.

Buckingham.—Alan Basset was summoned to answer the burgesses of Wycombe wherefore he permits them not to have their gild merchant with its appurtenances, as they were wont to have it in the time of the lord King John, when he had that manor in his hand; whereof the burgesses say that in the time when the lord King John had that manor in his hand, and when the lord the King gave it to the same Alan, they had a gild merchant and a liberty which the same Alan has taken away from them, wherefore they are much injured, for by that gild merchant they had this liberty, that no merchant within their town could sell cloths at retail, neither linens nor woollens, unless he were in the gild merchant or by licence of the bailiffs of the burgesses who were in the gild merchant, and furthermore in the same manner could not sell fells or wood or broom[168] or such merchandise, unless he were in the gild or by licence, as aforesaid; and the same Alan contravened this liberty and granted to all merchants and others that they might sell cloths at retail and fells and such wares as they please, and takes 3d. toll; and they used to give for the farm of the lord the King half a mark yearly to have that liberty; and because he has taken away that liberty from them, they are injured and suffer damage to the value of 40 marks, and thereof they produce suit, and if this suffices not, they offer to prove that they had such seisin by the evidence of witnesses (per vivam vocem), if they ought, or by the body of a man,[169] or by the country,[170] and they offer 20 marks to have an inquisition thereon.

And Alan comes and defends force and tort and says that he has taken no liberties from them, but will speak the truth; the lord King John gave him that manor with all its appurtenances for his homage and service for 20l. a year and for the service of one knight, so that never afterwards did they have a gild merchant, although they often sued for it and murmured among themselves, so that he often asked of them their warrant, if they had any, and they show him none; and the town is amended in that merchants and others can sell their merchandise; and so they ought to have no gild.

And the burgesses say that his statement is contrary to right, because after his time, when he had that manor, they had that liberty, both before his time and after, and they offer as before 20 marks to have an inquisition thereon. Touching their warrant they say that they had a charter of King Henry, grandfather of the lord the King, and it was deposited in the church of Wycombe, and there in the time of war was burned in the church, and thereof they put themselves on a jury.

And Alan defends that they had no charter thereof nor any warrant, nor ever had seisin of that gild in his time, nor can he admit nor will he admit any inquisition without the lord the King; but indeed it may be true that when they had the manor of the King at farm, then they did what they pleased.

A day is given to them on the morrow of Martinmas to hear their judgment, and the burgesses put in their place William son of Harvey and Robert le Taillur.[171]

[168] Genista tinctoria (dyer's greenweed); "genetein "in MS.

[169] i.e. Trial by battle.

[170] i.e. Trial by jury.

[171] The case was again adjourned and the judgment has not been found.

6. The Affiliation of Boroughs [Charter Roll,11 Henry III, p. 1, m. 13, No. 117], 1227.

The King to all, etc., greeting. Know ye that we have granted and by our present charter confirmed to our burgesses of Bedford all their liberties and customs and laws and quittances, which they had in the time of the lord King Henry, our grandfather, specially their gild merchant with all their liberties and customs in lands and islands, in pastures and all other their appurtenances, so that no one who is not in that gild do any trafficking with them in city or borough or town or soke. Moreover we have granted and confirmed to them that they be quit of toll and pontage and stallage and lastage and passage, and of assarts and every other custom throughout the whole of England and Normandy by land and water and by the seashore, "bilande and bistrande," and have all other customs throughout the whole of England and their liberties and laws which they have in common with our citizens of Oxford,[172] and do their trafficking in common with them within London and without and in all other places. And if they have any doubt or contention touching any judgment which they ought to make, they shall send their messengers to Oxford, and what the citizens of Oxford shall adjudge hereon, that they shall hold firm and fixed and certain without doubt, and do the same. And we forbid that they plead without the borough of Bedford in aught whereof they are charged, but of whatsoever they be impleaded, they shall deraign themselves according to the laws and customs of our citizens of Oxford, and this at Bedford and not elsewhere; because they and the citizens of Oxford are of one and the same custom and law and liberty. Wherefore we will and straitly command that our aforesaid burgesses of Bedford have and hold their aforesaid liberties and laws and customs and tenures well and in peace, freely and quietly, fully and honourably, with soc and sac and tol and theam and infangenethef,[173] and with all other their liberties and free customs and quittances, as well and entirely as ever they had them in the time of King Henry, our grandfather, and as fully and freely and entirely as our citizens of Oxford have those liberties and as the charter of King Richard, our uncle, which they have thereof, reasonably testifies. Witnesses as above. Given [at Westminster on 24 March in the 11th year of our reign].

[172] Oxford was also affiliated to London by charter of 13 Henry III. [Charter Roll, 13 Henry III., p. 1, m. 12.]

[173] i.e. General rights of jurisdiction.

7. Bondman Received in a Borough [Bracton's Notebook, III, 243, No. 1228], 1237-8.

Order was made to the bailiffs of Andover that at the first coming of the lord the King to Clarendon they shew cause to the lord the King, wherefore they have detained from Everard le Tyeis William of Amesbury, his bondman and fugitive, inasmuch as he claims him at the time and hours, as he says, etc.

And Adam de Marisco and other bailiffs of Andover come and say that the aforesaid William was at one time dwelling at Wilton and was a travelling merchant and married a woman in the town of Andover, and within the year in which he married the same Everard came and sought him as his bondman and fugitive, but they refused to deliver him to him and dared not without the lord the King's command.

Afterwards the same Everard comes, and remits and quit-claims to the lord the King and his heirs the aforesaid William with his whole brood, etc.

8. An Inter-municipal Agreement in Respect of Toll [Charter Roll, 23 Henry III, m. 3], 1239.

The King to archbishops, etc. greeting. Know ye that whereas a dispute was raised in our Court before us between our good men of Marlborough, complainants, and our good men of Southampton, deforciants, of toll which the aforesaid men of Southampton took from our men of Marlborough against their liberties which they have by charter of King John, our father, and by our charter, as they asserted; at length by our licence it is covenanted between them on this wise, that all our men of Marlborough, who are in the gild merchant of Marlborough and will establish the same, be quit for ever of all custom and all manner of toll in the town of Southampton and in all the appurtenances thereof, whereof the men of Southampton within their liberty can acquit the said men of Marlborough, notwithstanding that the charter of the same men of Southampton is prior to the charters of the aforesaid men of Marlborough;[174] and in like manner that the men of Southampton be quit of all custom and toll in the town of Marlborough. We, therefore, willing that the aforesaid covenant be firm and stable for ever, grant and confirm it for us and our heirs. Witnesses:—Richard, count of Poitou and earl of Cornwall, our brother, etc., as above [17 June, Westminster].

[174] The legal rule evolved in the thirteenth century for cases where the crown granted to one town freedom from toll, and to another town the right to exact toll, was that priority of grant prevailed; cf. Bracton f. 56b. By grants of incompatible charters the crown obtained fees from two sets of petitioners, and also costs from the subsequent litigation.

9. Enforcement of Charter Granting Freedom From Toll Throughout the Realm [Chancery Files], 1416.

Henry by the grace of God King of England and France and Lord of Ireland to John Kerde of Ware Toller, greeting. Whereas among the rest of the liberties and quittances granted to our beloved citizens of our city of London by charters of our progenitors, sometime Kings of England, which we have confirmed by our charter with the clause "licet,"[175] it is granted to the same that they and their successors, citizens of the same city, be quit for ever of pavage, pontage, murage,[176] toll and lastage[177] throughout the whole of our realm and the whole of our land and power, as is more fully contained in the charters and confirmation aforesaid: We command you, as we have commanded before, that you permit Thomas Sabarn, citizen of the city aforesaid, as it is said, to be quit of such pavage, pontage, murage, toll and lastage, according to the tenour of the charters and confirmation aforesaid, not molesting or aggrieving him in aught contrary to the tenour of the same, or that you signify to us the cause wherefore you have not obeyed our command before directed to you thereon. Witness myself at Westminster, 25 March in the 4th year of our reign.

Sotheworth.

[Endorsed.] The answer of John Kerde withinwritten.

I certify to you that I have permitted and will hereafter permit Thomas Sabarn withinwritten to be quit of pavage, pontage, murage, toll and lastage, as is commanded me by this writ, and have not molested or aggrieved him on the same accounts, and will not molest or aggrieve him hereafter.

[175] Charter Roll, 2 Henry V., p. 2, No. 11. The clause "licet "is a provision for the preservation of liberties in spite of non-user.

[176] i.e. Tolls for the repair of streets, bridges, and walls.

[177] i.e. A toll on cargoes and on wares entering a market or fair.

10. Licence for an Alien To Be of the Gild Merchant Of London [Charter Roll, 37 Henry III, m. 21], 1252.

The King to archbishops, etc., greeting. Know ye that we have granted and by this our charter confirmed to Deutayutus Willelmi, merchant of Florence, that he and his heirs for ever may have this liberty, to wit, that in any tallage to be assessed on the community of our city of London by our command they be not tallaged at more than one mark of silver, and that they, with their own household, may buy, sell and traffic without unlawful gain as freely and quietly throughout the whole of our power as any of our citizens of London; and that the same Deutayutus and his heirs be in the gild merchant of the same city and have all other liberties and free customs, as well within the said city as without, which the same citizens have or shall have or obtain hereafter. Wherefore we will and straitly command for us and our heirs that the aforesaid Deutayutus and his heirs have all the liberties, free customs and quittances aforesaid for ever, as is aforesaid. These witnesses:—Geoffrey de Lezinan, our brother, Peter de Sabaudia, John de Grey, John de Lessinton, Peter Chaceporc, archdeacon of Wells, Master W. de Kilkenny, archdeacon of Coventry, Artald de Sancto Romano, Robert de Muscegros, Robert Wallerand, Stephen Bauzan, Robert le Norreys, Ralph de Bakepuz, Imbert Pugeys and others. Given by our hand at Windsor, 3 November.[178]

[178] In the thirteenth century aliens were commonly burgesses of English towns (for an instance see below, Section VI, No. 30), and Englishmen were members of foreign communities. In 1326 the Mayor and commonalty of London deprived such aliens of the freedom of the city (Riley Memorials, 151). This document furnishes the sole extant reference to a gild merchant in London. See, however, Crump, in E.H.R., xviii. 315.

11. Dispute Between the Merchant Gild and the Abbot Of Bury St. Edmunds [B.M. Add. MSS. 17391, ff. 61-65], 1304.

Pleas at the town of St. Edmund before William de Bereford, W. Howard and W. de Carleton, appointed justices of the lord the King, on Tuesday next after the feast of St. Lucy the Virgin[179] in the thirty-third year of the reign of King Edward son of King Henry.

Nicholas Fouk and others by conspiracy premeditated among them at the town aforesaid, and by oath taken among them, making unlawful assemblies of their own authority on Monday next after the feast of the Nativity of the Blessed Virgin Mary in the thirtieth year of the lord the King that now is,[180] ordained and decreed that none should remain among them in the said town having chattels worth 20s. who would not pay them 2s. 1d., which payment they call among themselves hansing-silver, which money they took on that pretext respectively from Reynold del Blackhouse and Robert the Carpenter, men dwelling in the town aforesaid, and also beyond this 12d. of gersom from each of the said Reynold and Robert. And likewise ... they decreed among themselves that every man of the same town having chattels to the value of 10 marks should pay them 46s. 8d., which by that authority they took from Robert Scot, a man dwelling in the aforesaid town. And also the same day and year they decreed among themselves that no man should stay in the aforesaid town beyond a year and a day without being distrained to take oath to maintain their aforesaid assemblies and ordinances....

The aforesaid Nicholas Fouk and others readily acknowledge that the Abbot is lord of the whole town aforesaid, and ought to appoint his bailiffs to hold his court in the same town. But as for the conspiracy aforesaid, etc., they make stout defence that they are not guilty of the aforesaid conspiracy, etc. And as for the Abbot's charge against them that they have made unlawful assemblies in the aforesaid town, decreeing and ordaining that every man dwelling in the same town having chattels to the value of 20s., etc. as above, they say that the aforesaid Abbot makes plaint unjustly, for they say that they have an alderman and a gild merchant in the aforesaid town and are free burgesses, etc., rendering judgments by their alderman of pleas pleaded in the court of the same abbot before his bailiffs in the town aforesaid. And that without any trespasses or unlawful assemblies they meet at their Gildhall in the same town, as often as need be, to treat of the common profit and advantage of the men and burgesses of the aforesaid town, as is quite lawful for them. And that they and their ancestors and predecessors, burgesses, etc., have used such a custom from time whereof no memory is, to wit, of taking 2s. 1d. from every man dwelling in the aforesaid town, being in the tithing of the Abbot of the place aforesaid, having chattels to the value of 20s., that he may trade among them and enjoy their market customs in the same town, and likewise of receiving 46s. 8d. from every man of the town aforesaid having chattels to the value of 10 marks to keep[181] their gild merchant. And that there is the following custom among them beyond this, to wit, that twelve burgesses of the aforesaid town have been accustomed to elect four men of the same town yearly to keep their gild merchant, each of whom shall have chattels to the value of 10 marks. Which four men so elected have been accustomed to be forewarned by two burgesses of the gild aforesaid, who are called les Dyes, to keep their gild aforesaid; and the same men so elected have been accustomed to find pledges before the alderman and burgesses in the Gildhall aforesaid to keep the gild aforesaid, or that each of them would pay 46s. 8d., who should refuse to keep that gild. And for the doing hereof the alderman and burgesses in the town aforesaid have been accustomed to distrain every man in the same town having chattels to the value of 10 marks, wishing to trade among them and to enjoy their market customs. And thus then each of the aforesaid four men so elected should enjoy burgess-ship among them and their custom hereafter, and the burgesses of the aforesaid town in form aforesaid have been used to receive 2s. 1d., etc. And this they are ready to verify, whereof they crave judgment, etc....

The jurors say, etc. that ... the Abbot must answer whether the aforesaid Nicholas Fouke and others have a gild merchant in the aforesaid town or not, etc. The abbot says that they have not a gild merchant nor cognisances of pleas pertaining to a gild merchant, nor a commonalty nor a common seal nor a mayor; but they hold a gild at the feast of the Nativity of St. John the Baptist in a certain place to feast and drink together, there holding their unlawful assemblies and taking from every man dwelling in the said town the aforesaid 2s. 1d. and also 46s. 8d., levying such money from the men aforesaid, that the payers thereof may be of their fellowship, by distraints made upon them; and he does not deny that the ancestors of the aforesaid Nicholas and others have been long accustomed to receive such extortions of 2s. 1d. and 46s. 8d., but against the Law Merchant and against the will of the aforesaid payers and against the peace, etc., and beyond the amount of a third part of their goods; and by such extortions and ransoms they claim to make burgesses within his liberty and lordship, which there pertains to the Abbot himself and to no other to be done, etc.

A day is given.... It is awarded that the aforesaid Abbot [recover] his damages of 199l. 13s. 4d. against the aforesaid Nicholas and others.... And let the same Nicholas and others be committed to gaol, etc. Afterwards the aforesaid Nicholas and others came and made fine, etc. And let certain others in the dispute be imprisoned for a month owing to their poverty, etc. And the aforesaid Nicholas and others came before the justices and satisfied the lord Abbot, etc.; therefore let them be delivered from prison, etc.

[179] Tuesday after December 13.

[180] Monday after September 8, 1302.

[181] i.e. To uphold.

12. Complaints of the Men of Leicester Against The Lord [Inquisitions Miscellaneous, 87, No. 46], 1322.

Inquisition taken at Leicester on Saturday next after the feast of St. Barnabas the Apostle[182] in the 15th year of the reign of King Edward, son of King Edward, before Roger Beler, guardian of the castles, lands and tenements of Thomas, late earl of Lancaster,[183] and other enemies and rebels of the lord the King in the County of Leicester, in the hand of the lord the King by their forfeiture, by the oath of William le Palmere of Leicester.[184]....

Who say on their oath that in the time of Edmund, late earl of Leicester, uncle of the lord the King that now is, while he had the lordship of the town aforesaid, the men of the same town who were in the gild of the same town gave nothing for the retailing or sale of cloth or other merchandise, but in the time of Thomas, late earl of Leicester, by distraints of farmers[185] and extortions they were compelled to make heavy fines yearly.

Further, in the time of the aforesaid Edmund, the fullers dwelling in the same town gave nothing to any man for exercising that craft, but in the time of Thomas they were compelled to pay 40s. a year, so that the aforesaid farmers would not permit other fullers to come into the same town, whereby none remains in the same town save one only, and he is poor.

Further, in the time of Edmund, the butchers of the same town used to give nothing to any man for exercising their trade, but in the time of Thomas they were compelled to give 10s. a year to the farmers.

Further, in the time of Edmund, for four days at Christmas no court of pleas of the Portmanmoot used to be holden, but in the time of Thomas by extortions and distraints the farmers[185] used to compel those who owed to others any debt, upon plaint made against them, to pay their debts within the aforesaid four days, or to imprison their bodies until they should have paid.

In the time of Edmund vendors of oatmeal sold their meal, giving nothing to any man except toll; in the time of Thomas they were not permitted to sell the aforesaid meal except by great measures, and then the beadles of the farmers of the same town took by extortion from the buyers a great quantity for measuring it, and to have that profit the said beadles gave to the farmers 40s. a year.

Further, in the time of Edmund, the farmers of the demesne lands of the same Edmund used to have the dung found in the four high roads and not elsewhere in the lanes; in the time of Thomas, by force and might they collected and took the dung in all the lanes, against the will of the burgesses.

Further, in the time of Edmund, from payers of toll the farmers used to take nothing by way of a double toll, and that by view of any of the jurors of the same town; in the time of Thomas the farmers took from payers of toll the heaviest ransoms at their will, exceeding the value of the thing whereon the toll was so paid, and often more than the true value.

Further, in the time of Edmund, the porters of the castle of the town of Leicester meddled not in the town of Leicester with the making of any attachments, except with a bailiff of the same town; in the time of Thomas, by force and might they made attachments and other executions without any bailiff of the town, and wrought great wrongs in the said town, whereby the burgesses suffered great grievances.

In the time of Edmund, if any burgess were impleaded in the court of the castle, the mayor and bailiffs of the same town used to claim their court and freely have it at the Portmanmoot; in the time of Thomas the farmers refused to admit their claims or to grant their court, but compelled burgesses to answer there by various and heavy distraints.

Further, in the time of Edmund, buyers of wool used to hire carts to carry their wool at their will; in the time of Thomas they were compelled to give to the farmers 1d. on each sack and could hire carts only at the will of the said farmers.

Further, in the time of Edmund, the foresters of "le Fruth" used not to make attachments in the town of Leicester nor meddle there for any trespasses of dry wood committed; in the time of Thomas, by extortion, force and might, they made attachments both upon those who bought at their doors from poor women carrying dry sticks on their heads, and upon others, and caused the buyers to be amerced at the court of "le Hethilegh."

In the time of Edmund, the brewers of the same town used to be amerced once a year according to the measure of their guilt and at the rate of 6d. or 12d. at most; in the time of Thomas, the farmers levied from the same by extortions and heavy ransoms at their will from one half a mark and from another 10s., which they call farms of "Cannemol."

Further, in the time of Edmund, the weavers of the same town used to give nothing to any man for exercising their trade; in the time of Thomas the said farmers took by extortion from every weaver 40d. for permission to work in broad cloth.

Further, in the time of Edmund the vendors of salt herrings and fish could sell such their merchandise by themselves and their servants (servos) with their own hands, giving nothing of their own except toll; in the time of Thomas they were not permitted to sell their merchandise, but the ministers of the farmers deputed hereto sold the same and took great sums of money by extortion.

Further, in the time of Edmund, retailers of cloth selling in their windows used not to be amerced except by view of jurors of the same town and once a year at 12d.; in the time of Thomas they were compelled by heavy extortions to make fines at his will.

In witness whereof the jurors have set their seals to this inquisition.

[182] June 11.

[183] The necessities of Earl Thomas, leader of the opposition to Edward II., had evidently reacted upon his tenants.

[184] And 23 others named.

[185] The lord's lessees, responsible for the farm of the town.

13. Grant of Pavage To the Lord of a Town [Patent Roll, 2 Edward III, p. 1, m. 5], 1328.

The King to the venerable father in Christ H. by the same grace bishop of Lincoln, greeting. Know ye that we have granted to you, in aid of paving your town of Newark, that from the day of the making of these presents to the end of three years completed next following you take in the same town, by those whom you shall think fit to depute hereto and for whom you will be answerable, the underwritten customs on things for sale coming to the same town, to wit, on each quarter of corn for sale ¼d., on each horse and mare for sale ½d., on each hide of horse and mare, ox and cow, fresh, salted and tanned, for sale, ¼d., on each cart carrying meat, salted or fresh, for sale, 1½d., on 5 bacons for sale ½d., on each salmon, fresh or salt, for sale, ¼d., on each 100 mackerel for sale ½d., on each lamprey for sale ½d., on 10 sheep, goats or swine for sale 1d., on 10 fleeces for sale ½d., on each 100 woolfells of sheep, goats, stags, hinds, bucks and does for sale 1d., on each 100 fells of lambs, kids, hares, rabbits, foxes, cats and squirrels ½d., on each cart-load of sea-fish for sale 2d., on each horse-load of sea-fish for sale ½d., on each truss of cloths brought by cart 3d., on each horse-load of cloth for sale or other diverse and minute things for sale coming to the same town ½d., on each cart-load of iron for sale 1d., on each 100 of steel for sale ¼d., on each cart-load of tin for sale ½d., on each quarter of woad 2d., on each tun of wine for sale 2d., on each sack of wool for sale 2d., on each horse-load of wool 1d., on each horse-load of apples, pears or nuts for sale ¼d., on each 100 of linen web and canvas for sale ½d., on each 100 of linen for sale ¼d., on each new cart for sale ¼d., on each cart laden with timber for sale ½d., on each 1000 laths 1½d., on each 100 stockfish and Aberdeen fish ½d., on each cart laden with hay or grass for sale ¼d., on each cart carrying rushes for sale 1d., on each cart-load of heath for sale ½d., on each truss of chalons[186] for sale ½d., on each horse-load of glass (verro) ½d., on each horse-load of garlic for sale ½d., on each 1000 herrings for sale ¼d., on each 100 boards for sale 1d., on each cart-load of faggots for sale ¼d., on each quarter of salt for sale ¼d., on each dozen horse-loads of coals for sale ½d., on each cart-load of coals for sale ½d., on each cart-load of brushwood for sale ½d., on each horse-load of brushwood for sale by the week ¼d., on each 1000 nails for house gables (ad cumilum domus) for sale ¼d., on each 100 horse shoes for horses and clout-nails for carts ½d., on 2000 of all manner of nails for sale except nails for carts and house gables ¼d., on each truss of every kind of ware for sale coming to the same town and exceeding the value of 2s., ¼d. And therefore we command you that you take the customs aforesaid until the end of the said three years in the form aforesaid, and that after the term of the said three years be complete the said customs wholly cease and be annulled. In witness whereof, etc., to endure for the aforesaid three years. Witness the King at Northampton, 8 May.

By the King himself.

[186] Coverlets made at Chalons-sur-Marne.

14. Misappropriation of the Tolls Levied for Pavage [Fine Roll, 10 Edward III, m. 22], 1336.

The King to his beloved and faithful John de Mounteny, Nicholas de Beaulu, Robert Scuffyn, and William de Merston, greeting. Know ye that whereas on the 8th day of May in the second year of our reign by our letters patent we granted unto the venerable father Henry, bishop of Lincoln, that he should have in the town of Newark pavage for the term of three years next following, and afterwards, wishing to do further grace to the same bishop in this behalf, we granted unto him that from the end of the term aforesaid he should take in the town aforesaid such pavage until the end of four years then next following, the collection of which pavage amounts to no small sum, as it is said; and we have received a petition shown before us and our council, containing that the collectors of the pavage aforesaid in the time aforesaid have detained by them the money which they have collected from that pavage by virtue of the grants aforesaid, and still detain the same, converting it to other uses than to the repair and amendment of that town, as would be fitting, to the deception of us and contrary to the form of the grants aforesaid: We, wishing to apply a remedy in this behalf, as well for us as for the safety of the town aforesaid in times to come, as we are bound, have appointed you, three and two of you, to survey all works, if any have been done by the collectors aforesaid from such money levied and collected during the time of the grants aforesaid in the same town, and to enquire, if need be, of the names of the collectors aforesaid, and to cause those collectors to come before you, three or two of you, and to hear and determine finally the account of all the same collectors of all their receipts from the time aforesaid for such cause, and to distrain the same collectors to apply without delay in such repair all money levied on account of the premises and not applied in the repair aforesaid, and to appoint and depute certain fit collectors of the pavage aforesaid in the town aforesaid of the same town, to collect and levy the money there and to apply the same in the repair and amendment of the pavage aforesaid in times to come, as you shall deem best to be done according to your discretions for our advantage and the safety of the town aforesaid. And therefore we command you that at certain days which you, three or two of you, shall provide herefor, you hear and determine the account aforesaid, and do and accomplish all and singular the premises in the form aforesaid; for we have commanded our sheriff of Nottingham that at certain days which you, three or two of you, shall cause him to know, he cause to come before you, three or two of you, the collectors aforesaid, and as many and such good and lawful men of his bailiwick by whom the truth of the matter in the premises may the better be known and enquired of. In witness whereof, etc. Witness the King at Walsingham, 15 February. By petition of the Council.

15. Ordinances of the White Tawyers of London [Guildhall Letter-Book F, f. 126], 1346.

In honour of God, of Our Lady, and of all Saints, and for the nurture of tranquillity and peace among the good folks the Megucers, called "Whittawyers," the folks of the same trade have, by assent of Richard Lacer, Mayor, and of the Aldermen, ordained the points underwritten.

In the first place, they have ordained that they will find a wax candle, to burn before Our Lady in the Church of All Hallows near London Wall. Also, that each person of the said trade shall put in the box such sum as he shall think fit, in aid of maintaining the said candle.

Also, if by chance any one of the said trade shall fall into poverty, whether through old age, or because he cannot labour or work, and have nothing with which to help himself; he shall have every week from the said box 7d. for his support if he be a man of good repute. And after his decease, if he have a wife, a woman of good repute, she shall have weekly for her support 7d. from the said box, so long as she shall behave herself well, and keep single.

And that no stranger shall work in the said trade, or keep house [for the same] in the city, if he be not an apprentice, or a man admitted to the franchise of the said city.

And that no one shall take the serving man of another to work with him, during his term, unless it be with the permission of his master.

And if any one of the said trade shall have work in his house that he cannot complete, or if for want of assistance such work shall be in danger of being lost, those of the said trade shall aid him, that so the said work be not lost.

And if any one of the said trade shall depart this life, and have not wherewithal to be buried, he shall be buried at the expense of their common box; and when any one of the said trade shall die, all those of the said trade shall go to the Vigil, and make offering on the morrow.