Produce of Granary: The same render account of 221 and a half

quarters and 1 strike from all the produce of grain; and of 24

quarters brought from Mardon. Sum: 245 and a half quarters and 1

strike. For sowing 351 acres, 127 quarters. For bread for the lord

bishop, 18 and a half quarters delivered to John de Dispensa by

three tallies. For the balance sold, 110 quarters and 1 strike.

The same render account of 38 and a half quarters from all the

produce of small corn [grain]. For the balance sold, all. The same

render account of 29 quarters and 1 strike from all the produce of

mixed corn [grain]. For seeding 156 acres, 53 quarters and 1

strike. For bread for 3 autumnal works, 9 quarters. For the

balance sold, 27 quarters. The same render account of 178 and a

half quarters from all the produce of barley. For sowing 102 and a

half acres, 49 and a half quarters. For payment for carts, 1

quarter. For payment for hauling dung, 2 quarters. For allowance

of food of two carters, one carpenter, one neatherd, one dairy

woman, for the year, 32 and a half quarters. For feeding hogs in

the winter, 2 quarters. For the balance sold, 91 and a half

quarters. It is quit.

The same render account of 311 quarters and 2 bushels from all the

produce of oats. In sowing 221 and a half acres, 110 and a half

quarters. For prebends of the lord bishop and lord king, on many

occasions, 131 and a half quarters and 2 bushels, by five tallies.

For prebends of Roger Wakelin, 2 and a half quarters and 3

bushels. For prebends of Master Robert Basset, 3 and a half

quarters and 1 bushel. For provender of 2 horses of the lord

bishop and 1 horse of Richard Marsh, for 5 weeks, 5 and a half

quarters and 2 bushels. For provender of 2 horses of the lord

bishop who stayed 16 nights at Downton, 4 quarters. For that sent

to Knoyle, 18 quarters. For provender of 1 horse of Robert of

Lurdon for 3 weeks, 1 and a half quarters. For prebends of two

carters 7 quarters and 2 bushels. For the balance sold, 12

quarters. And there remains 14 quarters and 1 strike. The same

render account of 6 and a half quarters from the whole produce of

beans. For planting in the garden half a quarter. For the balance

sold, 6 quarters. It is quit.

The same render account of 4 quarters and 1 strike from all the

produce of peas. For sowing 6 acres, 1 and a half quarters. For

the balance sold 2 and a half quarters and 1 strike. It is quit.

The same render account of 4 quarters from all the produce of

vetches [pea plants used for animal fodder]. For feeding pigs in

the winter, all. It is quit.

Beasts of Burden: The same render account of 104 oxen remaining

from the previous year. And of 2 yoked from useless animals. And

of 1 from the will of Robert Copp. And of 17 purchased. Sum: 124.

Of living ones sold, 12. Of dead, 21. Sum: 33. And there remain 91

oxen. The same render account of 2 goats remaining from the

previous year. All remain.

The same render account of 19 cows remaining from the previous

year. And of 7 yoked from useless animals, and of 1 found. Sum:

27. By death, 1. By killing, brought for the need of the lord

bishop at Cranbourne, 2. Sum: 3. And there remain 24 cows. The

same render account of 7 heifers and 2 steers remaining from the

previous year. In yoked cows, 7 heifers. In yoked oxen, 2 bulls.

Sum: 9.

The same render account of 12 yearlings remaining from the

previous year. By death, 1. There remain 11, of which 5 are

female, 6 male.

The same render account of 13 calves born this year from cows,

because the rest were sterile. In tithes, 1. There remain 12.

The same render account of 858 sheep remaining from the previous

year. And of 47 sheep for the payment of herbage, after birth, and

before clipping. And of 8 bought before birth. And of 137 young

ewes mixed with two-year-olds. Sum: 1050. In live ones sold at the

time of Martinmas, 46. In those dead before birth, 20. In those

dead after birth and before shearing, 12. Sum: 78. And there

remain 972 sheep.

The same render account of 584 wethers [castrated rams] remaining

from the previous year. And of 163 wethers mixed with two-year-

olds. And of 16 rams from Lindsey, which came by brother Walter

before shearing. Sum: 763. In living ones sold at the time of

Martinmas, 27 wethers, 10 rams. Paid to the men of Bishopton

before shearing by writ of the seneschal, 20. By death, before

shearing, 14. Sum: 71. And there remain 692 sheep.

The same render account of 322 old sheep remaining, with lambs

from the previous year. By death before shearing, 22. And there

remain 300; whence 137 are young ewes, mixed with sheep, and 163

males, mixed with wethers.

The same render account of 750 lambs born from sheep this year

because 20 were sterile, and 30 aborted. In payment of the smith,

2; of shepherds, 3. In tithes, 73. In those dead before shearing,

105. Sum: 181. And there remain 569 lambs.

The same render account of 1664 large sheep-skins whence 16 were

from the rams of Lindsey. In tithes, 164. In payment of three

shepherds, 3. In the balance sold 1497 skins with 16 skins from

Lindsey which made 11 pondera.

The same render account of 569 lamb skins. In the balance sold,

all, which made 1 and a half pondera.

The same render account of 138 cheeses from arrears of the

previous year. And of 19 small cheeses. And of 5 larger ones from

the arrears of the previous year. And of 273 cheeses which were

begun the 6th of April and finished on the feast of St. Michael,

both days being counted. And they made cheeses two by two for 96

days, viz. from the 27th April to the vigil of the feast of St.

Peter in Chains, both days being counted. Sum: 435 cheeses. In

tithes 27. In payment of a shepherd, and mowers of the meadow from

Nunton, 2. In duty of a carter, 3. In autumnal work, 10. In

expenses of the bishop in the kitchen, 2 by one tally. In the

balance sold, 133 cheeses, which made 10 heads, from arrears of

the previous year. In the balance sold, 177 cheeses, which made 18

heads in this year. In expenses of the lord king and lord bishop

on the feasts of St. Leonard and St. Martin, 19 small cheeses, and

5 larger ones from the arrears of the previous year. And there

remain 52 small cheeses which make one head.

The same render account of 124 hogs remaining from the previous

year. And of 29 that were born of sows. Sum: 153 pigs. In tithes,

2. By death, 9. In those killed for the larder, 83. Sum: 95 pigs.

And there remain 58 pigs. Also 19 suckling pigs. Sum of the whole:

77 pigs.

The same render account of 48 chickens from arrears of the

previous year. And of 258 chickens for cheriset. Sum: 306. In

expenses of the lord bishop on the feast of St. Martin, 36 by one

tally. In expenses of the same on the feast of St. Leonard, 106,

by one tally. In expenses of the lord king and bishop on the feast

of the Apostles Peter and Paul, 131 chickens, by two tallies. In

allowance for food for Roger Wakelin, 8. In allowance of food for

Master Robert Basset, 4. By death, 21. Sum: 306 chickens. It is

quit.

The same render account of 273 chickens, 27 sticae of eels, 4

suckling pigs, freed for the expenses of the lord king and bishop.

From the Larder: The same freed for the expenses of the lord

bishop meat of 2 cows taken to Cranbourne.

The same render account of 13 sides of bacon, arrears of the

previous year. And of 5 oxen and 1 quarter of old beef from

arrears of the previous year. And of 84 hogs from Downton. And of

71 hogs from Mardon. And of 10 hogs from Overton. And of 9 hogs

from High-Clere. And of 14 hogs from Harwell. And of 7 hogs from

Knoyle. Sum: 203 hogs, and meat of 5 oxen and one quarter. In

expenses of the lord bishop at the feast of St. Martin, 8 sides of

bacon. In expenses of the same at the feast of St. Leonard, 17

sides of bacon, the meat of 5 oxen, and 1 quarter of an ox. In

expenses of the same on the morrow of the feast of the Holy Cross,

delivered to Nicolas the cook, 27 sides of bacon. In expenses of

the lord bishop delivered to the same cook at Knoyle on the

Saturday before the feast of St. Michael, 15 sides of bacon. In

expenses of the same and of the lord king on the feast of the

Apostles Peter and Paul, 50 sides of bacon. In allowance of food

to Master Robert Basset on the feast of All Saints, half a side of

bacon. In allowance of food to the same on Wednesday and Thursday

before Pentecost, 1 side of bacon. In those sent to Knoyle for

autumnal work, 6 sides of bacon. In three autumnal festivals at

Downton, 9 and a half sides of bacon. Sum: 134 sides of bacon. And

there remain 74 sides of bacon.

The same render account of skins, sausages, and offal of the said

hogs. In expenses of the lord king and lord bishop at the feast of

St. Leonard, all. Nothing remains."

King Richard the Lion-hearted, unlike his father, was interested

in warfare. He spent most of his term on crusade to recover

Jerusalem. For his expenses, he imposed a tax of one-tenth of

rents and income from moveable goods. He also sold town charters,

heiresses and heirs, widows, sheriffdoms, justiceships, earldoms,

and licenses for tournaments. The crusades' contact with Arabs

brought to England arabic numerals, which greatly facilitated

arithmetic, Arab horses, and an expansion of trade. The church

decreed that those who went on these crusades would be remitted of

his sins.

At the end of this period was the reign of King John, a short man.

After his mother Eleanor's death in 1204, John ruled without her

influence. He had no conscience and his oaths were no good. He

trusted and was trusted by no one. He had a huge appetite for

money. He imposed 2,000 pounds [3,000 marks] on London for

confirmation of its charter. He imposed levies on the capital

value of all personal and moveable goods. It began the occasional

subsidies called "tenths and fifteenths" from all people on

incomes from movables: one-tenth from boroughs and royal demesne

land, and one-fifteenth elsewhere. He sold the wardships of minors

and the marriages of heiresses to the highest bidder, no matter

how base. He appointed unprincipled men to be both sheriff and

justice, enabling them to blackmail property holders with

vexatious writs and false accusations. Writs were withheld or sold

at exorbitant prices. Crushing penalties were imposed to increase

the profits of justice. He asserted over fowls of the air the same

exclusive right as over beasts of the forest. The story of Robin

Hood portrays John's attempt to gain the crown prematurely while

Richard was on the Crusades to recover Jerusalem for Christendom.

(In 1198, the bishop barons had refused to pay for a campaign of

Richard's war in Normandy arguing that military service was only

due within the kingdom of England. When Richard was captured,

every person in the realm was required to pay a part of his ransom

of 100,000 pounds, which was double the whole revenue of the

crown. Aids, tallages, and carucage were imposed. The heaviest

impost was one-fourth of revenue or of goods from every person.)

In 1213, strong northern barons refused a royal demand for service

in France or scutage, arguing that the amount was not within

custom or otherwise justified. John had private and public

enemies. No one trusted him and he trusted no one. His heavy-

handed and arbitrary rule quickly alienated all sectors of the

population: other barons, bishops, London, and the commons. They

joined the barons to pressure him to sign the Magna Carta

correcting his abuses. For instance, since John had extracted many

heavy fines from barons by personally adjudging them blameworthy

in disputes with others, the barons wanted judgment by their peers

under the established law of the courts. In arms, the barons

forced John to sign the Magna Carta correcting his abuses.

- The Law -

No one, including the lord of a manor, may take land from anyone

else, for instance, by the customary process of distress, without

a judgment from the Royal Court. This did not apply to London,

where a landlord leasing or renting land could take distress in

his fee.

No one, including the lord of a manor, shall deprive an heir of

the land possessed by his father, i.e. his birthright.

A tenant may marry off a daughter unless his lord shows some just

cause for refusing to consent to the marriage. A tenant had to pay

an "aid" to his lord when the lord's daughter married, when the

lord's son was knighted, or when the lord's person was ransomed.

A man [or woman] may not will away his land, but he may sell it

during his lifetime.

The land of a knight or other tenant of a military fee is

inherited by his eldest son. The socage land of a free sokeman

goes by its ancient custom before the Norman Conquest.

If a man purchased land after his marriage, his wife's dower is

still one-third of the land he had when they married, or less if

he had endowed her with less. But he could then enlarge her dower

to one-third of all of his lands. The same rule applied if the man

had no land, but endowed his wife with chattel or money instead.

Dower law prevented a woman from selling her dower during the life

of her husband. But he could sell it or give it away. On his

death, its possessor had to give the widow the equivalent worth of

the property.

A widower had all his wife's lands by curtesy of the nation for

his lifetime to the exclusion of her heirs.

The Capital Messuage [Chief Manor] could not be given in dower or

divided, but went in its entirety to its heir.

Heirs were firstly sons, then daughters, then grandsons per

stirpes, then granddaughters per stirpes, then brothers, and then

sisters of the decedent. [By taking "per stirpes" instead of "per

capita", a person's share goes to that person's heirs if that

person predeceases the ancestor-decedent.] Male heirs of land held

by military service or sons of knights who were under the age of

twenty-one were considered to be in custody of their lords. The

lord had wardship over the heir's land, excluding the third that

was the widow's dower for her life. He had to maintain the heir in

a manner suitable to his dignity and restore to him when he came

of age his inheritance in good condition discharged from debts.

Male heirs of sokemen who were under the age of fifteen were in

the custody of their nearest kindred. The son of a burgess came of

age when he could count money, measure cloth, and manage his

father's concerns.

Female heirs remained in the custody of their lords until they

married. The lord was bound to find a marriage for his ward when

she became fourteen years of age and then deliver her inheritance

to her. She could not marry without her lord's consent, because

her husband was expected to be the lord's ally and to do homage to

him. But if a female heir lost her virginity, her inheritance

escheated to her lord. A woman with property could not do homage

because she could not perform military service, but she generally

swore fealty. She could receive homage from men.

Bastards were not heirs, even if their father married their mother

after birth.

Any adult inheriting land had to pay a "relief" to the lord of the

land. For a knight's fee, this was 100s. For socage land, this was

one year's value. The amount for a barony depended upon the King's

pleasure.

Heirs (but not widows) were bound to pay the debts of their

fathers and ancestors. A man who married a woman who had inherited

land could not sell this land without the consent of its heirs.

When a man dies, his wife shall take one-third and his heirs shall

take one-third of his chattels [movables or personal property].

The other third he may dispose of by will. If he had no heirs and

no will [intestate], all his chattels would escheat to his lord.

Any distribution of chattels would take place after all the

decedent's debts were paid from the property.

A will required two witnesses. The testator could name an

executor, but if he did not, the next of kin was the executor. A

will could not be made by a man on his death bed because he may

well have lost his memory and reason. Also, he could not give to a

younger son if in so doing, he would deprive his lawful heir. But

he could give a marriage gift to a daughter regardless of the

lawful heir.

Usury was receiving back more than what was lent, such as interest

on a loan of money. When a usurer died, all his movables went to

the King.

A villein may not buy his own freedom (because all that he has is

his lord's), but may be set free by his lord or by someone else

who buys his freedom for him. He shall also be freed if the lord

seduced his wife, drew his blood, or refused to bail him either in

a civil or criminal action in which he was afterwards cleared. But

a freed villein did not have status to plead in court, even if he

had been knighted. If his free status were tried in court, only a

freeman who was a witness to his being set free could avail

himself of trial by combat to decide the issue. However, if the

villein remained peacefully in a privileged town a year and a day

and was received into its guild as a citizen, then he was freed

from villeinage in every way.

A freeman who married a villein lost his freedom. If any parent of

a child was a villein, then the child was also a villein.

All shipwrecked persons shall be treated with kindness and none of

their goods or merchandise shall be taken from them.

If one kills another on a vessel, he shall be fastened to the dead

body and thrown with it into the sea.

If one steals from another on a vessel, he shall be shaven, tarred

and feathered, and turned ashore at the first land.

Passage on the Thames River may not be obstructed by damming up

the river on each side leaving a narrow outlet to net fish. All

such weirs shall be removed.

- Judicial Procedure -

Henry II wanted all freemen to be equally protected by one system

of law and government. So he opened his court, the Royal Court, to

all people of free tenure. A court of five justices professionally

expert in the law, traveled with the King, and on points of

difficulty consulted with him. Justices began to be more than

presiding officers; they, instead of those attending, rendered the

judgments. The chief court was in Westminster, where the

weightiest decisions were made. Other professional itinerant

justices appeared periodically in all counties of the nation to

hear certain criminal and civil cases and to hear citizens'

private civil suits [common pleas]. They came to perform many

other tasks, including promulgating and enforcing new legislation,

seeking out encroachments on royal rights, reviewing the local

communities' and officials' performance of their public duties,

imposing penalties for failure to do them or for corruption,

gathering information about outlaws and non-performance of homage,

and assessing feudal escheats to the crown, wardships to which the

king was entitled, royal advowsons, feudal aids owed to the King,

tallages of the burgesses, and debts owed to the Jews. The

decision-making of itinerant justices on circuits begins the

process which makes the custom of the Royal Court the common law

of the nation. The county courts, where the travelling justices

heard all manner of business in the counties, adopted the

doctrines of the Royal Court, which then acquired an appellate

jurisdiction. The itinerant justices came from the same small

group of royal justices who were on the Royal Court and the

Exchequer, which was headed by the justiciar. Difficult cases were

decided by the king and wise men of his council.

Tenants of manors and of escheats in royal hands, who had been

excused from the monthly county court, were required to appear.

Side by side with the reeve and four men of the rural townships

appeared the twelve legal men of each of the chartered boroughs

which owed no suit to the ordinary county court. In the formation

of the jury of presentment for criminal cases, each hundred sent

twelve legal men and each township four to make report to the

justices. Women did not serve on juries. Compurgation was not

used; accused persons were sent directly to the ordeal. In 1194,

twelve knights or legal men from each hundred answer before any

itinerant justice for their hundred in all criminal, civil, and

fiscal cases. All who are bound to attend before the itinerant

justices are, in the forest counties, compelled to attend the

forest courts.

The Royal Court was chiefly concerned with 1) the due regulation

and supervision of the conduct of local government, 2) the

ownership and possession of land held by free tenure ("free

tenement" was decided by justices to be one held for life or one

held heritably [a fee]), 3) the repression of serious crime, and

4) the relations between the lay and the ecclesiastical courts.

The doctrine of tenure applied universally to the land law formed

the basis for judicial procedure in determining land rights. Those

who held lands "in fee" from the king in turn subinfeudated their

land to men of lesser rank. The concept of tenure covered the

earl, the knight (knight's service), the church (frank-almoin

[free alms]), the tenant who performed labor services, and the

tenant who paid a rent (socage). Other tenures were: serjeanty

[providing an implement of war or performing a nonmilitary office]

and burgage. All hold the land of some lord and ultimately of the

King.

Henry was determined to protect lawful seisin of land and issued

assizes giving the Royal Court authority to decide land law issues

which had not been given justice in the county or lord's court.

But he did not ordain that all litigation respecting free

tenements, e.g. right of seisin, should take place in the king's

court. Rather he gave protection to mere possession of land, which

could be justified because possession was intimately associated

with the maintenance of the king's peace. These assizes included

issues of novel disseisin [recent ejectment] of a person's free

tenement or of his common of pasture which belonged to his

freehold. Though the petty assize of disseisin only provided a

swift preliminary action to protect possession pending the lengthy

and involved grand assize on the issue of which party had the more

just claim or ultimate right of seisin, the latter action was only

infrequently invoked. The temptation of a strong man to seize a

neighbor's land to reap its profits for a long time until the

neighbor could prove and enforce his right was deterred. Any such

claim of recent dispossession [novel disseisin] had to be made

within three years of the disseisin.

An example of a writ of novel disseisin is: The king to the

sheriff, greeting. N has complained to me that R unjustly and

without a judgment has disseised him of his free tenement in

[Houndsditch] since my last voyage to Normandy. Therefore I

command you that, if N gives you security for prosecuting his

claim, you are to see that the chattels which were taken from the

tenement are restored to it, and that the tenement and the

chattels remain in peace until Sunday after Easter. And meanwhile

you are to see that the tenement is viewed by twelve free and

lawfulmen of the neighborhood, and their names endorsed on this

writ. And summon them by good summoners to be before me or my

justices on the Sunday after Easter, ready to make the

recognition. And summon R. or his bailiff if he himself cannot be

found, on the security of gage and reliable securities to be there

then to hear the recognition. And have there the summoners, and

this writ and the names of the sureties. Witness etc.

Then an assize panel of recognition summoned concurrently with the

defendant and before he had pleaded, viewed the land in question

and answered, from their knowledge, these questions of fact: 1)

Was the plaintiff disseised of the freehold in question, unjustly

and without judgment? 2) Did the defendant commit the disseisin?

Testimony of a warrantor (or an attorney sent by him in his place)

or a charter of warranty served to prove seisin by gift, sale, or

exchange. No pleadings were necessary and the action could proceed

and judgment given even without the presence of the defendant. The

justices amerced the losing party with a monetary penalty. A

successful plaintiff might be awarded damages to compensate for

the loss of revenue.

Our Legal Heritage : 600-1776 King Aethelbert - King George III · 第 12 / 66 段