I am even inclined to go further: it seems to me that the manorial

ceremony of surrender and admittance, as considered from the point of

view of legal archaeology, may have gone back to a practice which has

nothing to do with the lord's ownership, although it was ultimately

construed to imply this notion. The tenant enfeoffed of his holding on

the conditions of base tenure was technically termed tenant by copy of

court roll or tenant by the rod--_par la verge_. This second

denomination is connected with the fact that, in cases of succession as

well as in those of alienation, the holding passed by the ceremonial

action of the steward handing a rod to the person who was to have the

land. Now, this formality looks characteristic enough; it is exactly the

same as the action of the 'salman' in Frankish law where the

transmission of property is effected by the handing of a rod called

'festuca.' The important point is, that the 'salman' was by no means a

representative of lordship or ownership, but the necessary middleman

prescribed by customary law, in order to give the transaction its

consecration against all claims of third persons. The Salic law, in its

title 'de affatomire,' presents the ceremony in a still earlier stage:

when a man wants to give his property to another, he has to call in a

middleman and witnesses; into the hands of this middleman he throws a

rod to show that he relinquishes all claim to the property in question.

The middleman then behaves as owner and host, and treats the witnesses

to a meal in the house and on the land which has been entrusted to him.

The third and last act is, that this intermediate person passes on the

property to the donee designated by the original owner, and this by the

same formal act of throwing the rod[814]. The English practice has

swerved from the original, because the office of the middleman has

lapsed into the hands of the steward. But the characteristic handing of

the rod has well preserved the features of the ancient 'laisuwerpitio'

('the throwing on to the bosom'), and, indeed, it can hardly be

explained on any other supposition but that of a survival of the

practice. I beg the reader to notice two points which look decisive to

me: the steward when admitting a tenant does not use the rod as a symbol

of his authority, because he does not keep it--he gives it to the person

admitted. Still more, in the surrender the rod goes from the

peasant-holder to the steward. Can there be a doubt that it symbolises

the plot of land, or rather the right over the plot, and that in its

passage from hand to hand there is nothing to show that the steward as

middleman represents absolute ownership, while the peasants at both ends

are restricted to mere occupation on sufferance[815]? Is it necessary

to explain that these ceremonial details are not trifles from a

historical point of view? Their arrangement is not a matter of chance

but of tradition, and if later generations use their symbols

mechanically, they do not invent them at haphazard. Symbols and

ceremonies are but outward expressions of ideas, and therefore their

combinations are ruled by a certain logic and are instinct with meaning.

In a sense their meaning is deeper and more to be studied than that

supplied by theories expressed in so many words: they give an insight

into a more ancient order of things. It may be asked, in conclusion, why

a Frankish form should be found prevalent in the customary arrangement

of the English manorial system? The fact will hardly appear strange when

we consider, firstly, that the symbolical acts of investiture and

conveyancing were very similar in Old English and Old Frankish law[816],

and that many practices of procedure were imported into England from

France, through the medium of Normandy. It is impossible at the present

date to trace conclusively the ceremonies of surrender and admittance in

all their varieties and stages of development, but the most probable

course of progress seems to have been a passage from symbolical

investiture in the folk-law of free English ceorls through the Frankish

practice of 'affatomire,' to the feudal ceremony of surrender and

admittance by the steward.

[The court roll.]

And now let us take up the second thread of our inquiry into the

manorial forms of conveyancing. A tenant by the verge is also a tenant

by copy of court roll. The steward who presided at the court had to keep

a record of its proceedings, and this record had a primary importance

for the servile portion of the community. While the free people could

enter into agreements and perform legal acts in their own name and by

charter, the villains had to content themselves with ceremonial actions

before the court. They were faithful in this respect to old German

tradition, while the privileged people followed precedents which may be

ultimately traced to a Roman origin. The court roll or record of

manorial courts enabled the base tenant to show, for instance, that some

piece of land was his although he had no charter to produce in proof of

his contention. And we find the rolls appealed to constantly in the

course of manorial litigation[817]. But the rolls were nothing else than

records of actions in the court and before the court. They could

actually guide the decision, but their authority was not independent; it

was merely derived from the authority of the court. For this reason the

evidence of the rolls, although very valuable, was by no means

indispensable. A claimant could go past them to the original fount, that

is, to the testimony of the court. And here we must keep clear of a

misconception suggested by a first-sight analysis of the facts at hand.

It would seem that the verdict of neighbours, to which debateable claims

are referred to in the manorial courts, stands exactly on a par with the

verdicts of jurymen taken by the judges of the Royal Courts. This is not

so, however. It is true that the striving of manorial officers to make

the procedure of halimotes as much like the common law procedure as

possible, went far to produce similarity between forms of actions,

presentments, verdicts and juries, in both sets of tribunals. But

nevertheless, characteristic distinctions remained to show that the

import of some institutions brought near each other in this way was

widely different. I have said already that the peasant suitors of the

halimote are appealed to on questions of law as well as on questions of

fact. But the most important point for our present purpose is this: the

jurors called to substantiate the claim of a party in a trial are mere

representatives of the whole court. The testimony of the court is taken

indirectly through their means, and very often resort is had to that

testimony without the intermediate stage of a jury. Now this is by no

means a trifle from the point of view of legal analysis. The grand and

petty juries of the common law are means of information, and nothing

more. They form no part of the tribunal, strictly speaking; the court is

constituted by the judges, the lawyers commissioned by the king, who

adopt this method in investigating the facts before them, because a

knowledge of the facts at issue, and an understanding of local

conditions surrounding them, is supposed to reside naturally in the

country where the facts have taken place[818]. Historically the

institution is evolved from examinations of witnesses and experts, and

has branched off in France into the close formalism of inquisitorial

process. The manorial jury, on the other hand, represents the court, and

interchanges with it[819]. For this reason, we may speak directly of the

court instead of treating of its delegates. And if the verdict of the

court is taken, it is not on account of the chance knowledge, the

presumable acquaintance of the suitors with facts and conditions, but as

a living remembrance of what took place before this same court, or as a

re-assertion of its power of regulating the legal standing of the

community. The verdict of the suitors is only another form of the entry

on the rolls, and both are means of securing the continuity of an

institution and not merely of providing information to outsiders. Of

course, claims may not be always reduced to such elementary forms that

they can be decided by a mere reference to memory, the memory of the

constituted body of the court. A certain amount of reasoning and

inference may be involved in their settlement, a set of juridical

doctrines is necessary to provide the general principles of such

reasoning. And in both respects the manorial court is called upon to

act. It is considered as the repository of legal lore, and the exponent

of its applications. This means that the court is, what its name

implies, a tribunal and not a set of private persons called upon to

assist a judge by their knowledge of legal details or material

facts[820].

[Communal testimony.]

The whole exposition brings us back to a point of primary importance.

The title by which land is held according to manorial custom is derived

from communal authority quite as much as from the lord's grant. Without

stepping out of the feudal evidence into historical inquiry, we find

that civil arrangements of the peasantry are based on acts performed

through the agency of the steward, and before the manorial court, which

has a voice in the matter and vouches for its validity and remembrance.

The 'full court' is noticed in the records as quite as necessary an

element in the conveyancing business as the lord and his steward,

although the legal theory of modern times has affected to take into

account only these latter[821]. Indeed, it is the part assumed by the

court which appears as the distinctive, if not the more important

factor. A feoffment of land made on the basis of free tenure proceeds

from the grantor in the same way as a grant on the conditions of base

tenure; freehold comes from the lord, as well as copyhold. But copyhold

is necessarily transferred in court, while freehold is not. And if we

speak of the presentment of offences through the representatives of

townships, as of the practice of communal accusation, even so we have to

call the title by which copyhold tenure is created a claim based on

communal testimony.

[Courts on the ancient demesne.]

All the points noticed in the rolls of manors held at common law are to

be found on the soil of ancient demesne, but they are stated more

definitely there, and the rights of the peasant population are asserted

with greater energy. Our previous analysis of the condition of ancient

demesne has led us to the conclusion, that it presents a crystallisation

of the manorial community in an earlier stage of development than in the

ordinary manor, but that the constitutive elements in both cases are

exactly the same. For this reason, every question arising in regard to

the usual arrangements ought to be examined in the light of the evidence

that comes from the ancient demesne.

We have seen that it would be impossible to maintain that originally the

steward was the only judge of the manorial tribunal; the whole court

with its free and unfree suitors participates materially in the

administration of justice, and its office is extended to questions of

law as well as to issues of fact. On the other hand, it was clear that

the steward and the lord were already preparing the position which they

ultimately assumed in legal theory, that in the exercise of their

functions they were beginning to monopolise the power of ultimate

decision and to restrict the court to the duty of preliminary

presentment. The same parties are in presence in the court of ancient

demesne, but the right of the suitors has been summed up by legal theory

in quite the opposite direction. The suitors are said to be the judges

there; legal dogmatism has set up its hard and fast definitions, and

drawn its uncompromising conclusions as if all the historical facts had

always been arrayed against each other without the possibility of common

origins and gradual development. Is it necessary to say that the

historical reality was very far from presenting that neat opposition?

The ancient demesne suitors are villains in the main, though privileged

in many respects, and the lord and steward are not always playing such a

subordinate part that one may not notice the transition to the state of

things that exists in common law manors. It is curious, anyhow, that

later jurisprudence was driven to set up as to the ancient demesne court

a rule which runs exactly parallel to the celebrated theory that there

must be a plurality of free tenants to constitute a manor. Coke

expresses it in the following way: 'There cannot be ancient demesne

unless there is a court and suitors. So if there be but one suitor, for

that the suitors are the judges, and therefore the demandant must sue at

common law, there being a failure of justice within the manor[822].' We

shall have to speak of this rule again when treating of classes in

regard to manorial organisation. But let us notice, even now, that in

this view of the ancient demesne court the suitors are considered as the

cardinal element of its constitution. The same notion may be found

already in trials of the fourteenth and even of the thirteenth century.

A curious case is reported in the Year Books of 11/12 Edw. III[823].

Herbert of St. Quentyn brought a writ of false judgment against John of

Batteley and his wife, the judgment having been given in the court of

Cookham, an ancient demesne manor. The suitors, or suit-holders as they

were called there, sent up their record to the King's Bench, and many

things were brought forward against the conduct of the case by the

counsel for the plaintiff, the defendant trying to shield himself by

pleading the custom of the manor to account for all unusual practices.

The judges find, however, that one point at least cannot be defended on

that ground. The suitors awarded default against the plaintiff because

he had not appeared in person before them, and had sent an attorney, who

had been admitted by the steward alone and not in full court. Stonor,

C.J., remarks, 'that it is against law that the person who holds the

court is not suffered to record an attorney for a plea which will be

discussed before him.' The counsel for the plaintiff offer to prove that

the custom of the manor did not exclude an attorney appointed before the

steward, on condition that the steward should tell it to the suitors in

the next court after receiving him. The case is interesting, not merely

because it exhibits the suit-holders in the undisputed position of

judges, but also because it shows the difficulties created by the

presence of the second element of the manorial system, the seignorial

element, which would neither fit exactly into an entirely communal

organisation nor be ousted from it[824]. The difficulty stands quite on

the same line with that which meets us in the common law manor, where

the element of the communal assessors has been ultimately suppressed and

conjured away, as it were, by legal theory. The results are

contradictory, but on the same line, as I say. And the more we go back

in time, the more we find that both elements, the lord and the

community, are equally necessary to the constitution of the court. In

the thirteenth century we find already that the manorial bailiffs are

made responsible for the judgment along with the suitors and even before

them[825].

The rolls of ancient demesne manors present a considerable variety of

types, shading off from an almost complete independence of the suitors

to forms which are not very different from those of common law manors.

Stoneleigh may be taken as a good specimen of the first class.

[The court at Stoneleigh.]

The manor was divided into six hamlets, and every one of these consisted

of eight virgates of land which were originally held by single socmen;

although the regularity of the arrangement seems to have been broken up

very soon in consequence of increase of population, extension of the

cultivated area, and the sale of small parcels of the holdings. The

socmen met anciently to hold courts in a place called Motstowehill, and

afterwards in a house which was built for the purpose by the Abbot. The

way in which the Register speaks of the admission of a socman to his

holding is very characteristic: 'Every heir succeeding to his father

ought to be admitted to the succession in his fifteenth year, and let

him pay relief to the lord, that is, pay twice his rent. And he will

give judgments with his peers the socmen; and become reeve for the

collection of the lord's revenue, and answer to writs and do everything

else as if he was of full age at common law.' The duty and right to give

judgment in the Court of Stoneleigh is emphatically stated on several

occasions, and altogether the jurisdictional independence of the court

and of its suitors is set before us in the smallest but always

significant details. If somebody is bringing a royal close writ of right

directed to the bailiffs of the manor it cannot be opened unless in full

court. When the bailiff has to summon anybody by order of the court he

takes two socmen to witness the summons. Whenever a trial is terminated

either by some one's default in making his law or by non-defence the

costs are to be taxed by the court. The alienation of land and

admittance of strangers are allowed only upon the express consent of the

court[826]. In one word, every page of the Stoneleigh Register shows a

closely and powerfully organised community, of which the lord is merely

a president.

[Rolls of King's Ripton.]

The rolls of King's Ripton are not less explicit in this respect. People

are fined for selling land without the licence of the court, for selling

it 'outside the court[827].' The judgment depends entirely on the

verdict given by the community of suitors or its representatives the

jurors. When the parties rely on some former decision, arrangement, or

statement of law, they appeal to the rolls of the court, which, as has

been said already, present nothing else but the recorded jurisprudence

of the body of suitors[828]. The extent of the legal self-government of

this little community may be well seen in the record of a trial in which

the Abbot of Ramsey, the lord of the manor, is impleaded upon a little

writ of right by one of his tenants[829]. But it is hardly necessary to

dwell on so normal an event. I should like to take up for once the

opposite standpoint, and to show that in these very communities on the

ancient demesne elements are apparent which have thrived and developed

in ordinary manors to such an extent as to obscure their

self-government. In the Rolls of King's Ripton we might easily notice a

number of instances in which the influence of the lord makes itself felt

directly or indirectly through the means of his steward. We come, for

instance, on the following forms of pleading: An action of dower is

brought, and the defendants ask that the laws and customs hitherto used

in the court should be observed in regard to them--they have a right to

three summonses, three distraints, and three essoins, and if they make

default after that, the land ought to be taken into the lord's hand,

when, but only if it is not replevied in the course of fifteen days, it

will be lost for good and all. All these demands are granted by the

steward, with whom the decision, at least formally, rests[830]. Again,

when we hear that the whole court craves leave to defer its judgment

till the next meeting, it is clear that it rests with the steward to

grant this request[831]. We may find now and then a consideration for

the interests of the lord which transcends the limits of mere formal

right, as in a case where a certain Margery asks the court, without any

writ of right or formal action, that an inquest may be held as to a part

of her messuage which is detained in the hands of the Abbot, although

she performs the service due for it. The inquest is held, and apparently

ends in her favour, but she is directed at the same time to go and speak

with the lord about the matter. Ultimately she gets what she wants after

this private interview[832]. The proceedings are irregular and

interesting: the usual forms of action are disregarded; a verdict is

given, but the material decision is left with the lord, and is to be

sought for by private intercession. Quite close to this entry we find an

instance which is in flagrant contradiction with such a considerate

treatment of all parties. The jurors of the court are called upon to

decide a question of testament and succession. They say that none of

them was present when the testament was made, and that they know nothing

about it, and will say nothing about it. 'And so leaving their business

undone, and in great contempt of the lord and of his bailiffs, they

leave the court. And therefore it is ordered that the bailiffs do cause

to be levied a sum of 40 s. to the use of the lord from the property of

the said jurors by distress continued from day to day[833].' This case

may stand as a good example both of the sturdy self-will which the

peasantry occasionally asserted in their dealings with the lord, and of

the opportunities that the lord had of asserting his superiority in a

very high-handed manner.

But we need not even turn to any egregious instances in which the lord's

power is thus displayed. The usual forms of surrender are there to show

that, as regards origins, we have the same thing here as in ordinary

manors, although the peculiarities of the ancient demesne have brought

forward the features of communal organisation in a very marked way, and

have held the element of lordship in check.

[Free suitors in the halimot.]

We have seen that there was only one halimot in the thirteenth and the

preceding centuries, and that the division into customary court and

court baron developed at a later time. We have seen, secondly, that this

halimot was a meeting of the community under the presidency of the

steward, and that the relative functions of community and steward became

very distinct only in later days. It remains to be seen how far the

fundamental class division between free tenants and villains affected

the management of the court. As there was but one halimot and not two,

both classes had to meet and to act concurrently in it. The free people

now and then assert separate claims: a chaplain wages his law on the

manor of Brightwaltham that he did not defame the lord's butler, but

when he gets convicted by a good inquest of jurors of having broken the

lord's hedges and carried away the lord's fowls, he will not justify

himself of these trespasses and departs in contempt, doubtless because

he will not submit to the judgment of people who are not on a par with

him[834]. Freeholders object to being placed on ordinary juries of the

manor[835], although they will serve as jurors on special occasions, and

as a sort of controlling body over the common presenters[836].

Amercements are sometimes taxed by free suitors[837]. But although some

division is apparent in this way, and the elements for a separation into

two distinct courts are gathering, the normal condition is one which

does not admit of any distinction between the two classes. We come here

across the same peculiarity that we have seen in police and criminal

law, namely, that the fundamental line of civil condition seems

disregarded. Even when a court is mainly composed of villains, and in

fact called curia villanorum, some of its suitors may be

freeholders[838]. Even in a court composed of free people, like that of

Broughton, there may be villains among them[839]. The parson,

undoubtedly a free man, may appear as a villain in some rolls[840].

Altogether, the fact has to be noticed as a very important one, that

whatever business the freeholders may have had in connexion with the

manorial system, this business was transacted by courts which consisted

chiefly of servile tenants[841]. In fact the presenting inquests, on

which the free tenants refused to serve, would not be prevented by their

composition from attainting these free tenants.

[Requirement of free suitors.]

This seems strange and indeed anomalous. One point remains to be

observed which completes the picture: although the great majority of the

thirteenth century peasantry are mere villains, although on some manors

we hardly distinguish freeholders, there is a legal requirement that

there should be at least a few freeholders on every manor. Later theory

does not recognise as a manor an estate composed only of demesne land

and copyhold. Freeholds are declared to be a necessary element, and

should they all escheat, the manor would be only a reputed one[842]. We

have no right to treat this notion as a mere invention of later times.

It comes forward again and again in the shape of a rule, that there can

be no court unless there are some free tenants to form it. The number

required varies. In Henry VIII's reign royal judges were contented with

two. In John's time as many as twelve were demanded, if a free outsider

was to be judged. The normal number seems to have been four, and when

the record of the proceedings was sent up to the King's tribunal four

suitors had to carry it. The difference between the statement of Coke

and the earlier doctrine lies in the substitution of the manor for the

court. Coke and his authorities, the judges of Henry VIII's reign, speak

of the manor where the older jurisprudence spoke of the court. Their

rule involves the more ancient one and something in addition, namely,

the inference that if there be no court baron there is no manor. Now

this part of the doctrine, though interesting by itself, must stand over

for the present. Let us simply take the assertion that free suitors are

necessary to constitute a court, and apply it to a state of things when

there was but one strictly manorial court, the halimot. In 1294 it is

noted in the report of a trial that, 'in order that one may have a

court he must have at least four free tenants, without borrowing the

fourth tenant[843].' Now a number of easy explanations seem at hand:

four free tenants at least were necessary, because four such tenants

were required to take the record up to the king's court and to answer

for any false judgment; a free tenant could protest against being

impleaded before unfree people; some of the franchises could not be

exercised unless there were free suitors to form a tribunal. But all

these explanations do not go deep enough: they would do very well for

the later court baron, but not for the halimot. It is not asserted that

free suitors are necessary only in those cases where free tenants are

concerned--it is the court as such which depends on the existence of

such free suitors, the court which has largely, if not mostly, to deal

with customary business, and consists to a great extent of customary

tenants. And, curiously enough, when the court baron disengages itself

from the halimot, the rule as to suitors, instead of applying in a

special way to this court baron, for which it seems particularly fitted,

extends to the notion of the manor itself, so that we are driven to ask

why the manor is assumed to contain a certain number of free tenants and

a court for them. Why is its existence denied where these elements are

wanting? Reverting to the thirteenth century, we have to state similar

puzzling questions: thus if one turns to the manorial surveys of the

time, the freehold element seems to be relatively insignificant and more

or less severed from the community; if one takes up the manorial rolls,

the halimot is there with the emphatically expressed features and even

the name of a court of villains; but when the common law is concerned,

this same tribunal appears as a court of freeholders. The manors of the

Abbey of Bec on English soil contained hardly any freeholders at all.

Had the Abbey no courts? Had it no manors from the standpoint of Coke's

theory? What were the halimots whose proceedings are recorded in the

usual way on its manorial rolls? In presence of these flagrant

contradictions I cannot help thinking that we here come across one of

those interesting points where the two lines of feudal doctrine do not

meet, and where different layers of theory may be distinguished.

[Free suitors and freeholders.]

Without denying in the least the practical importance of such notions as

that which required that one's judges should be one's peers, or of such

institutions as the bringing up of the manorial record to the King's

Court, I submit that they must have exercised their influence chiefly by

calling forth occasions when the main principle had to be asserted. Of

course they could not create this principle: the idea that the halimot

was a communal court constituted by free suitors meeting under the

presidency of the steward, must have existed to support them. That idea

is fully embodied in the constitution of the ancient demesne tribunal,

where the suitors were admitted to be the judges, although they were

villains, privileged villains and nothing else. Might we not start from

the original similarity between ancient demesne and ordinary manors, and

thus explain how the rule as to the necessary constitution of the

manorial court was formed? It seems to me a mere application of the

higher rule that a court over free people must contain free people, to a

state of things where the distinction between free and unfree was not

drawn at the same level as in the feudal epoch, but was drawn at a lower

point. We have seen that a villain was in many respects a free man; that

he was accepted as such in criminal and police business; that he was

free against everybody but his lord in civil dealings; that the

frank-pledge system to which he belonged was actually taken to imply

personal freedom, although the freeholders ultimately escaped from it. I

cannot help thinking that a like transformation of meaning as in the

case of frank-pledge did take place in regard to the free suitors of the

manorial court. The original requirement cannot have concerned

freeholders in the usual legal sense, but free and lawful men, 'worthy

of were and wite'--a description which would cover the great bulk of

the villains and exclude slaves and their progeny. When the definitions

of free holding and villainage got to be very stringent and marked, the

_libere tenentes_ assumed a more and more overbearing attitude and got a

separate tribunal, while the common people fell into the same condition

as the progeny of slaves. In a word, I think that the general movement

of social development which obliterated the middle class of Saxon ceorls

or customary free tenants (leaving only a few scattered indications of

its existence) made itself felt in the history of the manorial court by

the substitution of exceptional freeholders for the free suitors of the

halimot. Such a substitution had several results: the diverging history

of the ancient demesne from that of the ordinary manorial courts, the

elevation of the court baron, the growth of the notion that in the

customary court the only judge was the steward. One significant little

trait remains to be observed in this context. It has been noticed[844]

that care seems to be taken that there should be certain Freemen or

Franklains in every manor. The feature has been mentioned in connexion

with the doctrine of free suitors necessary to a court. But these people

are by no means free tenants; in the usual legal sense they are mostly

holding in villainage, and their freedom must be traced not to the dual

division of feudal times, but to survivals of the threefold division

which preceded feudalism, and contrasted slave, free ceorl, and military

landowner.

[Honorial Courts.]

Before concluding this chapter I have to say a few words upon those

forms of the manorial court which appear as a modification of the normal

institution. Of the ancient demesne tribunal I have already spoken, but

there are several other peculiar formations which help to bring out the

main ideas of manorial organisation, just because they swerve from it in

one sense or another. Mr. Maitland has spoken so well of one of these

variations, that I need not do anything more than refer the reader to

his pages about the Honour and its Court[845]. He has proved that it is

no mere aggregate of manors, but a higher court, constructed on the

feudal principle, that every lord who had free tenants under him could

summon them to form a court for their common dealings. It ought to be

observed, however, that the instance of Broughton, though its main basis

is undoubtedly this feudal doctrine, still appears complicated by

manorial business, which is brought in by way of appeal and evocation,

as well as by a mixture between the court of the great fief and the

halimot of Broughton.

[The soke.]

A second phenomenon well worth consideration is the existence in some

parts of the country of a unit of jurisdiction and management which does

not fall in with the manor,--it is called the _soke_, and comprises free

tenantry dispersed sometimes over a very wide area. A good example of

this institution is given by Mr. Clark's publication on the Soke of

Rothley in Lincolnshire[846]. We need not go into the details of the

personal status of the tenants, they clearly come under the description

of free sokemen. Our present concern is that they are not simply

arranged into the manor of Rothley as usual, but are distinguished as

forming the soke of this manor. They are rather numerous--

twenty-three--and come to the lord's court, but their services are

trifling as compared with those of the customers, and their possessions

are so scattered, that there could be no talk of their joining the

agrarian unit of the central estate. What unites them to the manor is

evidently merely jurisdiction, although in feudal theory they are

assumed to hold of the lord of Rothley. But they are set apart as

forming the soke, and this shows them clearly to be subjected to

jurisdiction rather than anything else. It is interesting to note such

survivals in the thirteenth century, and within the realm of feudal law

the case of Rothley is of course by no means the only one[847]. If we

contrast this exceptional appearance of the soke outside the manor with

the normal arrangement by which all the free tenants are fitted into the

manor, we shall come to the conclusion that originally the element of

jurisdiction over freeholders might exist separately from the management

of the estate, but that in the general course of events it was merged

into the estate and formed one of the component elements of the manorial

court. The case of Rothley is especially interesting because the men of

the soke or under the soke do not go to a court of their own, but simply

join the manorial meetings. If they are still kept apart, it is evident

that their relation to the court, and indeed to the manor, was what made

them distinct from everybody else. In short, to state the difference in

a pointed form, the other people were tenants and they were subjects.

[The Aston case.]

One more point remains to be noticed. In order to make it clear we must

by way of exception start from the arrangements of a later epoch than

that which we have been discussing. The manor of Aston and Cote, which

may have been carved out with several others from the manor of Bampton,

presents a very good instance of a village meeting which does not

coincide with the manorial divisions, and appears constructed on the

lines of a village community which has preserved its unity, although

several manors have grown out of it. It was stated by the lord of the

manor of Aston and Cote in 1657, that 'there hath been a custom time out

of mind that a certain number of persons called the _Sixteen_, or the

greater part of them, have used to make orders, set penalties, choose

officers, and lot meadows, and do all such things as are usually

performed or done in the courts baron of other manors.' All the details

of this case are interesting, but we need not go into them, because they

have been set out with sufficient care in the existing literature, and

summed up by Mr. Gomme in his book on the Village Community[848]. It is

the main point which we must consider. Here is an assembly meeting to

transact legal and economic business, which acts on the pattern of

manorial courts. And if not a manorial court, what is it? I think it is

difficult to escape the conclusion that it is a meeting of the village

community outside the lines of manorial division. The supposition that

it represents the old manor of Bampton, to which Aston, Cote, Bampton

Pogeys, Bampton Priory are subordinated, is entirely insufficient to

explain the case, because then we should not have had to recognise new

manors in the fractions which were detached from Bampton, and there

would have been no call to speak of a peculiar assembly assuming the

competence of a court baron--we should have had the manorial court and

the lord of Bampton, and not the Sixteen to speak of. The fact is patent

and significant. It shows by itself that there may have been cases where

the village community and the manor did not coincide, and the village

community had the best of it.

[Manor and Township.]

The first proposition does not admit of doubt. It was of quite common

occurrence that the land of one village should be broken up between

several manors, although its open field system and all its husbandry

arrangements remained undivided. The question arises, how was that

system to work? There could be express agreement between the

owners[849]; ancient custom and the interference of manorial officers

chosen from the different parts could help on many occasions. But it is

impossible to suppose, in the light of the Bampton instance, that

meetings might not sometimes exist in such divided villages which took

into their hands the management of the many economic questions arising

out of common husbandry: questions about hedges, rotation of crops,

commonable animals, usage as to wood, moor, pasture, and so forth. A

diligent search in the customs of manors at a later period, say in the

sixteenth and seventeenth centuries, must certainly disclose a number of

similar instances. Our own material does not help us, because it passes

over questions of husbandry, and touches merely jurisdiction, ownership,

and tenant-right. And so we must restrict ourselves to notice the

opening for an inquiry in that direction.

[Township and Manor.]

Such an inquiry must also deal with the converse possibility, namely,

the cases in which the manor is so large that several village units fit

into it. We may find very frequently in some parts of the country large

manors which are composed of several independent villages and

hamlets[850]. On large tracts of land these villages would form separate

open field groups. Although the economic evidence is not within our

reach in early times, we have indications of separate village meetings

under the manorial court even from the legal point of view taken by the

court-rolls. In several instances the entries printed in the second

volume of the Selden Society publications point to the action of

townships as distinct from the manorial court, and placed under it. In

Broughton a man distrained for default puts himself on the verdict of

the whole court and of the township of Hurst, both villains and freemen,

that he owes no suit to the court of Broughton, save twice a year and to

afforce the court. Be it noted that the court of Hurst is distinguished

from the township, which appears subordinated to it, probably because

there were other townships in the manor of Hurst. At the same time the

township is called upon to act as an independent unit in the matter.

Even so in the rolls of Hemingford, the township which forms the centre

of the manor and gives its name to it, is sometimes singled out from the

rest of the court as an organised corporation[851]. When township and

tithing coincided, as in the case of Brightwaltham, the tithing gets

opposed to the general court in the same way[852]. Altogether the

corporate unity of townships is well perceivable behind the feudal

covering of the manor. Mr. Maitland says with perfect right, 'the manor

was not a unit in the governmental system; the county was such a unit,

so was the hundred. So again was the vill, for the township had many

police duties to perform; it was an amerciable, punishable unit; not so

the manor, unless it coincided with the vill[853].' And then he proceeds

to suggest that the true explanation of the manor is that it represents

an estate which could be and was administered as a single economic and

agrarian whole. I am unable to follow him entirely as to this last

point, because it seems pretty clear that the open field arrangements

followed the division into townships, and not those into manors. From

the point of view of the services, of the concentration of duties of the

tenantry in regard to the lord, the manor was a whole, and for this very

reason it was a whole as regards geldability, but this is only one side

of the economic structure of society, the upper side, if one may be

allowed to say so. The arrangement of actual cultivation is the other

side, and it is represented by the township with its communal open

fields. Now in a great many cases the estate and the community fitted

into each other; and of these instances there is no need to speak any

further. But if both did not fit, the agrarian unity is the township and

not the manor. The open field system appears in this connexion as

outside the manor, and proceeding from the rural community by itself.

Let us sum up the results obtained in this chapter.

1. The village communities contained in the manorial system are

organised on a system of self-government which affords great help to the

lord in many ways, but certainly limits his power materially, and

reduces him to the position of a constitutional ruler.

2. The original court of the manor was one and the body of its suitors

was one. The distinction between courts for free tenants and customary

courts grows up very gradually in the fourteenth century, and later.

3. The steward was not the only judge of the halimot. The judgment came

from the whole court, and its suitors, without distinction of class,

were necessary judicial assessors.

4. The court of ancient demesne presents the same elements as the

ordinary halimot, although it lays greater stress on the communal side

of the organisation.

5. The conveyancing entries on the rolls do not prove the want of right

on the part of the peasant holders. On the contrary, they go back to

very early communal practice.

6. The rule which makes the existence of the manor dependent on the

existence of free suitors is derived from the conception of the court as

a court of free and lawful men, taking in villains and excluding slaves.

7. The manor by itself is the estate; the rural community and the

jurisdiction of the soke are generally fused with it into one whole; but

in some cases the two latter elements are seen emerging as independent

growths from behind the manorial organisation.

CHAPTER VI.

THE MANOR AND THE VILLAGE COMMUNITY.

_Conclusions._

If we look at the village life of mediaeval England, not for the purpose

of dissecting it into its constitutive elements, but in order that we

may detect the principles that hold it together and organise it as a

whole, we shall be struck by several features which make it quite unlike

the present arrangement of rural society. Even a casual observer will

not fail to perceive the contrast which it presents to that free play of

individual interests and that undisputed supremacy of the state in

political matters, which are so characteristic of the present time. And

on the other hand there is just as sharp a contrast between the manorial

system and a system of tribal relationships based on blood relationship

and its artificial outgrowths; and yet again it may be contrasted with a

village community built upon the basis of equal partnership among free

members. It is evident, at the same time, that such differences, deep

though they are, cannot be treated as primordial and absolute divisions.

All these systems are but stages of development, after all, and the most

important problem concerning them is the problem of their origins and

mutual relations. The main road towards its solution lies undoubtedly

through the demesne of strictly historical investigation. Should we

succeed in tracing with clearness the consecutive stages of the process

and the intermediate links between them, the most important part of the

work will have been done. This is simple enough, and seems hardly worth

mentioning. But things are not so plain as they look.

To begin with, even a complete knowledge of the sequence of events would

not be sufficient since it would merely present a series of arrangements

following upon each other in time and not a chain of causes and effects.

We cannot exempt ourselves from the duty of following up the

investigation by speculations as to the agencies and motives which

produced the changes. But even apart from the necessity of taking up

ultimately what one may call the dynamic thread of the inquiry, there is

considerable difficulty in obtaining a tolerably settled sequence of

general facts to start with. Any one who has had to do with such studies

knows how scanty the information about the earlier phenomena is apt to

be, how difficult it is to distinguish between the main forms and the

variations which mediate and lead from one to another. The task of

settling a definite theory of development would not have been so

arduous, and the conflicting views of scholars would not have suggested

such directly opposite results, if the early data had not been so

scattered and so ambiguous. The state of the existing material requires

a method of treatment which may to some extent supplement the defects in

the evidence. The later and well-recorded period ought to be made to

supply additional information as to the earlier and imperfectly

described ones. It is from this point of view that we must once more

survey the ground that we have been exploring in the foregoing pages.

The first general feature that meets our eye is the cultivation of

arable on the open-field system: the land tilled is not parcelled up by

enclosures, but lies open through the whole or the greater part of the

year; the plot held and tilled by a single cultivator is not a compact

piece, but is composed of strips strewn about in all parts of the

village fields and intermixed with patches or strips possessed by

fellow villagers. Now, both facts are remarkable. They do not square at

all with the rules and tendencies of private ownership and

individualistic husbandry. The individual proprietor will naturally try

to fence in his plot against strangers, to set up hedges and walls that

would render trespassing over his ground difficult, if not impossible.

And he could not but consider intermixture as a downright nuisance, and

strive by all means in his power to get rid of it. Why should he put up

with the inconvenience of holding a bundle of strips lying far apart

from each other, more or less dependent because of their narrowness on

the dealings of neighbours, who may be untidy and unthrifty? Instead of

having one block of soil to look to and a comparatively short boundary

to maintain, every occupier has a number of scattered pieces to care

for, and neighbours, who not only surround, but actually cut up,

dismember, invade his tenement. The open-field system stands in glaring

contradiction with the present state of private rights in Western

Europe, and no wonder that it has been abolished everywhere, except on

some few tracts of land kept back by geographical conditions from

joining the movement of modern civilisation. And even in mediaeval

history we perceive that the arrangement does not keep its hold on those

occasions when the rights of individuals are strongly felt: it gives way

on the demesne farm and on newly reclaimed land.

At the same time, the absence of perpetual enclosures and the

intermixture of strips are in a general way quite prevalent at the

present time in the East of Europe. What conditions do they correspond

to? Why have nations living in very different climates and on very

different soils adopted the open-field system again and again in spite

of all inconveniences and without having borrowed it from each other?

There is absolutely nothing in the manorial arrangement to occasion this

curious system. It is not the fact that peasant holdings are made

subservient to the wants of the lord's estate, that can explain why

early agriculture is in the main a culture of open fields and involves a

marvellous intermixture of rights. The absence of any logical connexion

between these two things settles the question as to historical

influence. The open-field arrangement is, I repeat it, no lax or

indifferent system, but stringent and highly peculiar. And so it cannot

but proceed from some pressing necessity.

It is evidently communal in its very essence. Every trait that makes it

strange and inconvenient from the point of view of individualistic

interests, renders it highly appropriate to a state of things ruled by

communal conceptions. It is difficult to prevent trespasses upon an open

plot, but the plot must be open, if many people besides the tiller have

rights over it, pasture rights, for instance. It involves great loss of

time and difficulty of supervision to work a property that lies in

thirty separate pieces all over the territory of a village, but such a

disposition is remarkably well adapted for the purpose of assigning to

fellow villagers equal shares in the arable. It is grievous to depend on

your neighbours for the proceeds and results of your own work, but the

tangled web of rights and boundaries becomes simple if one considers it

as the management of land by an agricultural community which has

allotted the places where its members have to work. Rights of common

usage, communal apportionment of shares in the arable, communal

arrangement of ways and times of cultivation--these are the chief

features of open-field husbandry, and all point to one source--the

village community. It is not a manorial arrangement, though it may be

adapted to the manor. If more proof were needed we have only to notice

the fact, that open-field cultivation is in full work in countries where

the manor has not been established, and in times when it has not as yet

been formed. We may take India or tribal Italy as instances.

The system as exhibited in England is linked to a division into holdings

which gives it additional significance. The holding of the English

peasant is distinguished by two characteristic features: it is a unit

which as a rule does not admit of division; it is equal to other units

in the same village. There is no need to point out at length to what

extent these features are repugnant to an individualistic order of

things. They belong to a rural community. But even in a community the

arrangement adopted seems peculiar. We must not disregard some important

contradictions. The holdings are not all equal, but are grouped on a

scale of three, four, five divisions--virgates, bovates, and cotlands

for instance. And the question may be put: why should an artificial

arrangement contrived for the sake of equality start from a flagrant

inequality which looks the more unjust, because instead of those

intermediate quantities which shade off into each other in our modern

society we meet with abrupt transitions? A second difficulty may be

found in the unchangeable nature of the holding. The equal virgates are

in fact an obstacle to a proportionate repartition of the land among the

population, because there is nothing to insure that the differences of

growth and requirements arising between different families will keep

square with the relations of the holdings. In one case the family plot

may become too large, in another too scanty an allowance for the peasant

household working and feeding on that plot. And ultimately, as we have

seen, the indivisible nature of the holding looks to some extent like an

artificial one, and one that is more apparent than real. Not to speak of

that provincial variation, the Kentish system of gavelkind, we notice

that even in the rest of England large units are breaking into

fractions, and that very often the supposed unity is only a thin

covering for material division. Why should it be kept up then?

Such serious contradictions and incongruities lead us forcibly to the

conclusion that we have a state of transition before us, an institution

that is in some degree distorted and warped from its original shape. In

this respect the manorial element comes strongly to the fore. The rough

scale of holdings would be grossly against justice for purely communal

purposes, but it is not only the occupation of land, but also the

incidence of services that is regulated by it. People would not so much

complain of holding five acres instead of thirty, if they had to work

and to pay six times less in the first case. Again, a division of

tenements fixed once and for all in spite of changes in the numbers and

wants of the population, looks anything but convenient. At the same time

the fixed scheme of the division offers a ready basis for computing

rents and assessing labour services. And for the sake of the lord it was

advisable to preserve outward unity even when the system was actually

breaking up: for dealings with the manorial administration virgates

remained undivided, even when they were no longer occupied as integral

units.

Although the holdings are undoubtedly made subservient to the wants of

the manor, it would be going a great deal too far to suppose that they

were formed with the primary object of meeting those wants. If we look

closer into the structure we find that it is based on the relation

between the plough-team and the arable, a relation which is more or less

constant and explains the gradations and the mode of apportionment. The

division of the land is no indefinite or capricious one, because the

land has to be used in certain quantities, and smaller quantities or

fractions would disarrange the natural connexion between the soil and

the forces that make it productive. The society of those days appears as

an agricultural mass consisting not of individual persons or natural

families, but of groups possessed of the implements for tilling the

land. Its unit of reckoning is not the man, but the plough-beast. As the

model plough-team happens to be a very large one, the large unit of the

hide is adopted. Lesser quantities may be formed also, but still they

correspond to aliquot parts of the full team of eight oxen. Thus the

possible gradations are not so many or so gentle as in our own time, but

are in the main the half plough-land, the virgate, and the oxgang. What

else there is can be only regarded as subsidiary to the main

arrangement: the cotters and crofters are not tenants in the fields,

but gardeners, labourers, craftsmen, herdsmen, and the like. If the

country had not been mainly cultivated as ploughland, but had borne

vines or olives or crops that required no cumbersome implements, but

intense and individualistic labour, one may readily believe that the

holdings would have been more compact, and also more irregular.

The principles of coaration give an insight into the nature of these

English village communities. They did not aim at absolute equality; they

subordinated the personal element to the agricultural one, if we may use

that expression. Not so much an apportionment of individual claims was

effected as an apportionment of the land to the forces at work upon it.

This observation helps us to get rid of the anomalies with which we

started: the holding was united because an ox could not be divided; the

plots might be smaller or larger, but everywhere they were connected

with a scheme of which the plough-team was the unit. An increasing

population had to take care of itself, and to try to fit itself into the

existing divisions by family arrangements, marriage, adoption,

reclaiming of new land, employment for hire, by-professions, and

emigration. The manorial factor comes in to make everything artificially

regular and rigid.

If we examine the open-field system and its relation to the holdings of

individual peasants, we see, as it were, the framework of a peasant

community that has swerved from the path of its original development.

The gathering of scattered and intermixed strips into holdings points to

practices of division or allotment: these practices are the very essence

of the whole, and they alone can explain the glaring inconveniencies of

scattered ownership coupled with artificial concentration. But

redivision of the arable is not seen in the documents of our period.

There is no shifting of strips, no changes in the quantities allotted to

each family. Everything goes by heredity and settled rules of family

property, as if the husbandry was not arranged for communal ownership

and re-allotment. I should like to compare the whole to the icebound

surface of a northern sea: it is not smooth, although hard and

immoveable, and the hills and hollows of the uneven plain remind one of

the billows that rolled when it was yet unfrozen.

The treatment of the arable gives the clue to all other sides of the

subject. The rights of common usage of meadow and pasture carry us back

to practices which must have been originally applied to arable also.

When one reads of a meadow being cut up into strips and partitioned for

a year among the members of the community by regular rotation or by lot,

one does not see why only the grass land should be thus treated while

there is no re-allotment of the arable plots. As for the waste, it does

not even admit of set boundaries, and the only possible means of

apportioning its use is to prescribe what and how many heads of cattle

each holding may send out upon it. The close affinity between the

different parts of the village soil is especially illustrated by the

fact, that the open-field arable is treated as common through the

greater part of the year. Such facts are more than survivals, more than

stray relics of a bygone time. The communal element of English mediaeval

husbandry becomes conspicuous in the individualistic elements that grow

out of it.

The question has been asked whether we ought not to regard these

communal arrangements as derived from the exclusive right of ownership,

and the power of coercion vested in the lord of the soil. I think that

many features in the constitution of the thirteenth century manor show

its gradual growth and comparatively recent origin. The so-called

manorial system consists, in truth, in the peculiar connexion between

two agrarian bodies, the settlement of villagers cultivating their own

fields, and the home-estate of the lord tacked on to this settlement and

dependent on the work supplied by it. I take only the agrarian side, of

course, and do not mention the political protection which stands more or

less as an equivalent for the profits received by the lord from the

peasantry. And as for the agrarian arrangement, we ought to keep it

quite distinct from forms which are sometimes confused with it through

loose terminology. A community paying taxes, farmers leasing land for

rent, labourers without independent husbandry of their own, may be all

subjected to some lord, but their subjection is not manorial. Two

elements are necessary to constitute the manorial arrangement, the

peasant village and the home farm worked by its help.

If we turn now to the evidence of the feudal period, we shall see that

the labour-service relation, although very marked and prevalent in most

cases, is by no means the only one that should be taken into account. In

a large number of cases the relation between lord and peasants resolves

itself into money payments, and this is only another way of saying that

the manorial group disaggregates itself. The peasant holding gets free

from the obligation of labouring under the supervision of the bailiff,

and the home estate may be either thrown over or managed by the help of

hired servants and labourers.

But alongside of these facts, testifying to a progress towards modern

times, we find survivals of a more ancient order of things, quite as

incompatible with manorial husbandry. Instead of performing work on the

demesne, the peasantry are sometimes made to collect and furnish produce

for the lord's table and his other wants. They send bread, ale, sheep,

chicken, cheese, etc., sometimes to a neighbouring castle and sometimes

a good way off. When we hear of the _firma unius noctis_, paid to the

king's household by a borough or a village, we have to imagine a

community standing entirely by itself and taxed to a certain tribute,

without any superior land estate necessarily engrafted upon it; a home

farm may or may not be close by, but its management is not dependent on

the customary work of the vill (_consuetudines villae_), and the

connexion between the two is casual. The facts of which I am speaking

are certainly of rare occurrence and dying out, but they are very

interesting from a historical point of view, they throw light on a

condition of things preceding the manorial system, and characterised by

a large over-lordship exacting tribute, and not cultivating land by help

of the peasantry.

We come precisely to the same conclusion by another way. The feudal

landlord is represented in the village by his demesne land, and by the

servants acting as his helpers in administration. Now, the demesne land

is often found intermixed with the strips of the peasantry. This seems

particularly fitted for a time when the peasantry did not collect to

work on a separate home farm, but simply devoted one part of the labour

on their own ground to the use of the lord. What I mean is, that if a

demesne consisted of, say, every fifth acre in the village fields, the

teams of four virgaters composing the plough would traverse this

additional acre after going over four of their own instead of being

called up under the supervision of the bailiff, to do work on an

independent estate. The work performed by the peasants when the demesne

is still in intermixture with the village land, appears as an

intermediate stage between the tribute paid by a practically

self-dependent community, and the double husbandry of a manorial estate

linked to a village.

Another feature of transition is perceivable in the history of the class

of servants or ministers who collect and supervise the dues and services

of the peasants. The feudal arrangement is quite as much characterised

by the existence of these middlemen as modern life by the agreements and

money dealings which have rendered it useless. In the period preceding

the manorial age we see fewer officers, and their interference in the

life of the community is but occasional. The gathering of tribute, the

supervision of a few labour duties in addition, did not require a large

staff of ministers. It was in the interest of the lord to dispense as

much as possible with their costly help, and to throw what obligations

there were to be performed on the community itself. It seems to me that

the feudal age has preserved several traces of institutions belonging to

that period of transition. The older surveys, especially the Kentish

ones, show a very remarkable development of carriage duties which must

have been called forth by the necessity of sending produce to the lord's

central halls or courts, while the home farms were still few and small.

The riding bailiffs appear in ancient documents in a position which is

gradually modified as time goes on. They begin by forming a very

conspicuous class among the tenants, in fact the foremost rank of the

peasantry. These radmen, radulfs, rodknights, riders, are privileged

people, and mostly rank with the free tenants, but they are selected

from among the villagers, and very closely resemble the hundredors,

whose special duties have kept up their status among the general decay.

In later times, in the second half of the thirteenth century and in the

fourteenth, it would be impossible to distinguish such a class of riding

tenants. They exist here and there, but in most cases their place has

been taken by direct dependents of the lord. Besides, as the home-farm

has developed on every manor, their office has lost some of the

importance it had at a time when there was a good deal of business to

transact in the way of communicating between the villages and the few

central courts to which rents had to be carried. And, lastly, I may

remind the reader of the importance attached in some surveys to the

supervision of the best tenants over the rest at the boon works. The

socmen, or free tenants, or holders of full lands, as the case may be,

have to ride out with rods in their hands to inspect the people cutting

the corn or making hay. These customs are mostly to be found in manors

with a particularly archaic constitution. They occur very often on

ancient demesne. And I need hardly say that they point to a still

imperfect development of the ministerial class. The village is already

set to work for the lord, but it manages this work as much as possible

by itself, with hardly any interference from foreign overseers.

One part of the village population is altogether outside the manorial

labour intercourse between village and demesne. The freeholders may

perform some labour-services, but the home-farm could never depend on

them, and when such services are mentioned, they are merely considered

as a supplement to the regular duties of the servile holders. At the

same time, the free tenants are members of the village community,

engrained in it by their participation in all the eventualities of open

field life, by their holdings in the arable, by their use of the

commons. This shows, again, that the manorial element is superimposed on

the communal, and not the foundation of it. I shall not revert to my

positive arguments in favour of the existence of ancient freehold by the

side of tenements that have become freehold by exemption from servile

duties. But I may be allowed to point out in this place, that negatively

the appearance of free elements among the peasantry presents a most

powerful check to the theory of a servile origin of the community: it

throws the burden of proof on those who contend for such an origin as

against the theory of a free village feudalized in process of time.

In a sense the partizans of the servile community are in the same

awkward position in respect to the manorial court. Its body of suitors

may have consisted to a great extent of serfs, but surely it must have

contained a powerful free admixture also, because out of serfdom could

hardly have arisen all the privileges and rights which make it a

constitutional establishment by the side of the lord. The suitors are

the judges in litigation, the conveyancing practice proceeds from the

principle of communal testimony, and in matters of husbandry, custom and

self-government prevail against any capricious change or unprecedented

exaction. And it has to be noticed that the will and influence of the

lord is much more distinct and overbearing in the documents of the later

thirteenth and of the fourteenth century, than in the earlier records;

one more hint, that the feudal conception of society took some time to

push back older notions, which implied a greater liberty of the folk in

regard to their rulers.

Whichever way we may look, one and the same observation is forced upon

us: the communal organisation of the peasantry is more ancient and more

deeply laid than the manorial order. Even the feudal period that has

formed the immediate subject of our study shows everywhere traces of a

peasant class living and working in economically self-dependent

communities under the loose authority of a lord, whose claims may

proceed from political sources and affect the semblance of ownership,

but do not give rise to the manorial connexion between estate and

village.

APPENDIX.

I.

See p. 52, n. 2.

[Y.B. Pasch. 1 Edw. II, pl. 4. f. 4.]

[Trans.]

Symon de Paris porta breve de transgression vers _H._ bailliffe sire

Robert Tonny et plusours autres, et se pleint, qe _W._ et _H._ certein

jour luy pristrent et emprisonerent etc. a tort encountre la pees etc.

_Pass_ respond pur toutz, forspris le bailliffe, qe riens nount fait

encountre la pees, et pour le bailliff yl avowea le restreinement par la

resoun qe lavantdit _S._ si est villeine lavandit _R._ qi bailliffe yl

est, et fuist trove a _N._ en soun mes, le quel vint a lui tendist

office de Provoist et il la refusa et ne se voilleit justicier etc.

_Tond._ rehercea le avowery, et dit qe a cele avowery ne doit il estre

resceve pur ceo qe _S._ est Fraunc Citizene de Londre, et ad este touz

ceux diz anz, et ad este Vicounte le Roy en mesme la Citee, et rend

accounts al Eschequer, et ceo voloms averrer par Record, et uncore huy

ceo jour est Alderman et de la Ville de Londre, et demande jugement,

sils puissent villenage en sa persone allegger. _Herle._ A ceo qil dient

qil est citezen de Londre nous navoms qe faire, mes nous vous dioms, qil

est villein _R._ de Eve et de Treve, et les Auncestres Ael et Besayel et

toux ces Auncestres ses _terres tennantz deinz le manoire de N._ et ces

Auncestres seisitz des villeins services des Auncestres _S._ come affaire

Rechat de Char et de Sank et de fille marier, et de euz tailler haut et

bas, _etc._, et uncore est seisi de ces freres de mesme le piere et de

mesme la mere et demande Jugement si sour luy, come sour soun villein en

soun mese trove, ne puisse avowere faire. _Tond._ Fraunc homme et de

fraunc estat et eux nient seisi de luy, come de lour villein prest etc.

_Ber._ Jeo ai oi dire qe un homme fuist prist en la bordel, et fuist

prist et pendu, et sil eust demorre a lostiel, il neust en nul mal

_etc._ auxient de ceste parte, sil eust este fraunc Citezen pur qe neust

il demorre en la Citee? _Ad alium diem_; _Tond._ se tient qil ne fuist

seisi de lui come de soun villein ne de ses villeins services etc.

_Pass._ la ou il dit qe nous ne sumes pas seisis de lui come de nostre

villein, il nasquit en nostre villeinage, ou commence nostre seisine, et

nous lui trova mese en soun mes, et la nostre seisine continue,

Jugement. _Ber._ Vous pledietz sour la seisine, et il pleident sour le

droit issint naverrez james bon issue de plee. _Herle._ Seisi en la

fourme qe nous avoms dit. _Ber._ La Court ne restreinera tiel travers

sanz ceo qe vous dietz, que vous estez seisitz de lui _come de vostre

villein et de ses villeinz services_, et sic fecit. _Et alii e contra._

II.

See p. 54, n. 1.

[Y.B. Trin. 29 Edw. III, f. 41. I do not give a translation of this

document because it has been explained with some detail in my text.]

[Sur l'estatut de labourer.]

[Op. Curiae.]

[Op. Curiae.]

Le servant suit par attorney, et le Master in propre persone. Que dit qe

le servant fuit soun villein regardant al Manoire de _C._ et dit qil

avoit mestre de ses services et de luy, pur qe nous luy prisoms come

nostre viliein, come list a nous. Jugement si _etc._ tort in nostre

party par tiel reteignement puit assigner. _Et nota_, qil fist

protestacion, qil ne conust pas qil fuit in le service le plaintiffe

etc. _Et nota_, qe le servant dit auxi, qil fuit le villein le Master qi

plede, et dit qil fuit distreint, et auxi les amis pur luy tanqe qil

convensist par cohercion venir a ses Seigneours. _Burt._ Le servant est

par attorney, qe ne puit par soun ple faire sans Master villein. Purqe

ceo ple ne gist in soun bouche. _Et non allocatur_ par _Wilb._ qi dit qe

le ple nest pas al breve: car mesqe il fuit icy in propre persone, et

voillet conustre qil fuit villein ce nabat pas vostre breve (le quel qil

fuit frank ou villein) si vous poies maintenir qil fuit in vostre

service, si ce ne fuit par autiel mattier (come il ad plede) ou autre

semblable. Et puis le servant weyva, et dit qil ne fist pas covenant

etc. _Et alii e contra._ _Et nota_, qe l'opinion fuit, qe si villein

fuit chace et distreint de venir a son Seignour propre, qe ce luy

excusera del' penance del l'estatut. _Sed Burt. negavit_, eo qe ce vient

de sa folie qil voilleit faire covenant dautre servir, qant il fuit

appris qil fuit autry villein. _Et ideo quere._ Qant al' plea le Master

_Burt._ challange ceo qil navoit pas alleger qil fuit seisi de luy come

de soun villein. _Et non allocator_ par _Wilb._ Qui dit, sil soit soun

villein, soun plee est assez fort: car seisi et nient seisi ne fera pas

issue. _Et sic nota._ Puis _Burt._ dit que l'on allege est quil est soun

villein regardant a soun manoire de _C._ nous dioms qe mesme le manoire

fuit in le seisin un _A._ que infeffa le defendant de mesme le manoire;

et dioms qe tout le temps que il fuit allant et walkant a large a sa

frank volunte come frankhome, sans ce qil fuit unque seisi de luy in son

temps, et cety qe ad l'estat _A._ ne fuit unques seisi de luy, tanques

ore qil de soun tort demesne luy pris hors de nostre service. Purque

nous nentendons pas que par tiel cause il nous puit ouster de nostre

accord. _Finch._ Et nous Jugement, depuis qil ne dedit pas qil nest

nostre villein de nostre manoire de _C._ et le quel nous fuit seisis de

luy devant, ou non, ou nostre feffor seisi, _etc._ ou ce ne puit my

estre a purpose: car il alast alarge, purtant ne fuit il enfranchy.

Purque _etc._ _Th._ Si vostre feffor ne fuit unques seisi de luy, coment

qil vous dona le manoire, jeo di que ce de que il navoit pas le

possession ne puit pas vestir in vous. Purque _etc._ _Jer._ Villeins

regardants al' manoires sont de droit al' Seignour de prendre les a sa

volunte, et sil face don le manoire a un autre, a quel heur que l'autre

les happa, il est asses bon. _Th._ Sir, uncre mesque il soit issint

entre luy et le grantor ou le villein, nous qe sums estrange ne serrons

pas ly purtant: car si home qi soit estrange veigne in pais, et demurges

par _xx_ ou _xxx_ ans, et nul home met debat sur luy, ne luy claime come

seruant, il list a moy de prendre soun service, et de luy recevoir in

mon service pur le terme solonque nostre covenaunt: et il nest pas

reason qe jeo soy perdant, depuis qe in moy default ne puit etre ajuge,

_causa ut supra_. _Gr._ Per mesme le reason qe vous luy purrets retenir

tanque al' fine de terme, si poit un autre: _et sic de singulis, et sic

in infinitum_: issint le Seignour ouste de soun villein a toujours, et

ce ne seroit pas reason. Puis _Th._ n'osa pas demurrer; mes dit qil ne

fuit pas soun villein de soun manoire de _C._ Prest etc. _Fiff._ Ceo

n'est pas respons: _car coment qil nest pas soun villein del' manoire,

etc. sil fuit soun villein in gros, asses suffist_. _Et non allocatur_

pur ce quel avoit traverse soun respons in le manere come ce fuit

livere, etc.

Common Pleas Roll (Record Office).

[Trin. 29 E. III, r. 203, v. Oxon.]

Thomas Barentyn et Radulfus Crips Shephird attachiati fuerunt ad

respondendum tam domino Regi quam Priori hospitalis Sancti Iohannis

Ierusalem in Anglia quare, cum per ipsum dominum Regem et consilium suum

pro communi utilitate regni Regis Anglie ordinatum sit, quod si aliquis

seruiens in seruicio alicuius retentus ante finem termini concordati a

dicto seruicio sine causa racionabili vel licencia recesserit, penam

imprisonamenti subeat et nullus sub eadem pena talem in seruicio suo

recipere vel retinere presumat, et predictus Thomas predictum Radulfum

nuper seruientem predicti Prioris in seruicio suo apud Werpesgrave

retentum qui ab eodem seruicio ante finem termini inter eos concordati

sine causa racionabili et licencia predicti Prioris recessit, in

seruicium predicti Thome quamquam memoratus Thomas de prefato Radulfo

eidem Priori restituendo requisitus fuerit admisit et retinuit in Regis

contemptum et predicti Prioris grave dampnum ac contra ordinacionem

predictam. Et unde predictus Prior per Ricardum de Fifhide attornatum

suum queritur quod cum per ipsum Regem et consilium suum etc. ordinatum

sit quod si aliquis serviens in servicium alicuius retentus ante finem

etc. a dicto seruicio sine causa etc. recesserit penam imprisonamenti

subeat et nullus sub eadem pena talem in seruicio suo recipere vel

retinere presumat, predictus Thomas predictum Radulfum nuper seruientem

predicti Prioris in seruicio suo apud Werpesgrove retentum scilicet die

Lune proxima post festum Sancti Laurentii anno regni domini Regis nunc

Anglie vicesimo octavo ad deseruiendum ei in officio pastoris etc.

scilicet die Lune in septimana Pentecostes a festo Sancti Michaelis

Archangeli tunc proximo sequenti per unum annum proximum sequentem qui

ab eodem seruicio ante finem termini ... recessit, in seruicium predicti

Thome quamquam idem Thomas de prefato Radulfo eidem Priori restituendo

requisitus fuerit admisit et retinuit in Regis contemptum et predicti

Prioris grave dampnum ac contra ordinacionem etc. et predictus Radulfus

a seruicio predicti Prioris ante finem sine causa etc. videlicet

predicto die Lune in septimana Pentecostes recessit in Regis contemptum

ad predicti Prioris grave dampnum ac contra ordinacionem etc. unde

dicit quod deteriorates est et dampnum habet ad valenciam viginti

librorum. Et inde producit sectam.

Et predicti Thomas et Radulfus per Stephanum Mebourum attornatum suum

veniunt. Et defendunt vim et iniuriam quando etc. et quicquid etc. Et

protestantur quod ipsi non cognoscunt quod predictus Radulfus fuit

seruiens predicti Prioris nec retentus cum eodem Priore prout Prior

superius versus eos narravit et predictus Thomas dicit quod predictus

Radulfus est _villanus suus ut de manerio suo de Chalgrave_ per quod

ipse seisivit eundem Radulfum tanquam villanum suum prout ei bene

licuit. Et hoc paratus est verificare unde petit iudicium si predictus

Prior injuriam in persona sua assignare possit. Et predictus Radulfus

dicit quod ipse est villanus predicti Thome ut de manerio predicto et

quia idem Radulfus extra dominium predicti Thome morabatur parentes

ipsius Radulfi districti fuerunt ad venire faciendum predictum Radulfum

ad predictum Thomam dominum suum et ad eorum sectam et excitacionem idem

Radulfus venit ad predictum Thomam absque hoc quod ipse retentus fuit

cum predicto Priore ad deseruiendum ei per tempus predictum prout idem

Prior superius versus eum narravit. Et de hoc ponit se super patriam. Et

predictus Prior similiter. Et idem Prior quo ad placitum predicti Thome

_dicit quod predictus Radulfus non est villanus ipsius Thome ut de

manerio suo predicto_ prout idem Thomas superius allegat. Et hoc petit

quod inquiratur per patriam. Et predictus Thomas similiter. Preceptum

etc.

III.

See p. 66, n. 2, and p. 78, n. 2.

The so-called Mirror of Justice is still in many respects an unsolved

riddle, and a very interesting one, as it seems to me. The French

edition of 1642 from which quotations are so frequently made presents a

text perverted to such an extent, that the gentleman from Gray's Inn to

whom we owe the English translation of 1648 took it upon himself to deal

with his original very freely, and in fact composed a version of his own

which turned out even less trustworthy than the French. Ancient MSS. of

the work are very scarce indeed; the fourteenth century MS. at Corpus

College, Cambridge, is the only one known to me; although there are also

some transcripts of the seventeenth century. This means that the work

had no circulation in its time. It is very unlike Bracton, or Britton in

this respect, and indeed in every other. Instead of giving a more or

less learned or practical exposition of the principles of Common Law it

appears as a commentary written by a partisan, acrimonious in form,

almost revolutionary in character, full of stray bits of information,

but fanciful in its way of selecting and displaying this information.

'Wahrheit und Dichtung' would have been a proper title for this

production, and no wonder that it has excited suspicion. It has

commanded the attention of the present generation of scholars

notwithstanding the odd way in which the author, Andrew Horne, or

whoever he may be, cites as authority fictitious decisions given by King

Alfred and by a number of legal worthies of Saxon times who never gave

judgment save in his own fruitful imagination. This may be accounted for

by peculiar medieval notions as to the manner in which legal discussion

may be most efficiently conducted, but altogether the Mirror, as it

stands, appears quite unique, quite unlike any other legal book of the

feudal period. It must be examined carefully by itself before the

information supplied by it can be produced as evidence on any point of

English medieval history. Such an examination should lead to interesting

results, but I must reserve it for another occasion. What I have said

now may be taken simply as a reason for the omission in my text of those

passages of the Mirror which bear on the question of villainage. I may

be allowed to discuss these passages in the present Appendix without

anticipating a general judgment on the character of the book and on its

value.

The author of the Mirror shows in many places, that he is hostile not

only to monarchical pretensions, but also to the encroachments of the

aristocracy. He is a champion of the lower orders and gladly endorses

every rule set up by the Courts 'in favour of liberty.' In this light he

considers the action 'de nativitate' as conferring an advantage upon the

defendant, the person claimed as a villain, but considered as free until

the contrary has been proved[854]. Another boon consists in the fact,

that the trial must be reserved for the decision of the Royal Courts and

cannot be entertained in the County[855]. So far the Mirror falls in

with the usual exposition of our Authorities--it takes notice of two

facts which are generally recognised as important features in trying a

question of status. But the Mirror does not stop there, but further

formulates an assertion which cannot be considered as generally accepted

in practice, though it may have emerged now and then in pleadings and

even in decisions.

It is well known, that the main argument in a trial of villainage turned

on the question of kinship. As Britton (pp. 205, 206, ed. Nichols)

states the matter, we are led to suppose that the plaintiff had to

produce the villain kinsmen of the person claimed, and the defendant

could except against them. Glanville (v. 4) says, that both parties had

the right to produce the kindred and in case of doubt or collision a

jury had to decide. If the fact of relationship were established on both

sides, it was necessary to see on which side the nearer relatives stood.

Legal practice, so far as we can judge from the extant plea rolls,

followed Glanville, although questions arising from these suits were

much more varied and complicated than his statement implied. (See, for

instance, Bracton's Note Book, 1041, 1167.) But in the Mirror we find

the distinct assertion, that if the defendant in a case of 'nativity'

succeeded in proving a free stem in any generation of his ascendants,

this was sufficient to prove him free[856]. This connects itself with

the view, that there can be no prescription against free blood, a view

which, as we have seen in the text, was in opposition to the usual

conception that people may fall into servitude in the course of several

generations of debasement. The notion embodied in the Mirror was

lingering, as it were, in the background.

In accordance with this liberal treatment of procedure, we find our

author all in favour of liberty when treating of the ways by which

bondage may be dissolved. He gives a very detailed enumeration of all

such modes of enfranchisement, and at least one of his points appears

unusual in English law. I mean his doctrine that a serf ejected from his

holding by the lord becomes free, if no means of existence are afforded

to him[857].

The motive adduced is worthy of notice by itself. 'Servus dicitur a

servando,' a serf is a man under guardianship, like a woman in this

respect[858], and so, if the guardian forgets his duty of taking care of

his subject, he forfeits his rights. The Roman derivation 'a servando'

is often met elsewhere, but instead of being applied to the bondman as a

captive who has been kept alive instead of being slain, it is here made

the starting point of a new conception and one very favourable to the

bondman. It is not the only indication that the author of the Mirror had

been speculating about the origin of servitude. By the law of nature all

men are free, of course, but yet, says he, there exists by human law a

class of men to whom nothing belongs, and who are considered as the

property of other people: an anomaly which he guesses may possibly come

from the time when Noah pronounced his malediction against Canaan, the

son of Cham, or else from the defeat of Goliath by David[859].

It is curious too, and at first sight rather inconsistent, that our

author sometimes speaks against those very serfs towards whom he seems,

as a rule, so favourably disposed. He dwells on their disability, marks

as an abuse that they are admitted to act in the courts without the help

of their lords, although nothing can be owned by them[860], and, what is

more, he insists on the necessity of their being excluded from the

system of frank-pledge, which ought to be restricted entirely to free

men[861]. All this seems rather strange at first, and certainly not in

favour of liberty. It turns out, however, that these very qualifications

are prompted by the same liberal spirit which we noticed from the first;

they are suggested by a most characteristic attempt to draw a definite

line between the serf and the villain.

The villain is no serf, in any sense of the word. He is a free man[862],

his tenure is a free tenure[863]. He is enfeoffed of his land, with the

obligation to till it, as the knight is enfeoffed of his fee in return

for military service; the burgess enfeoffed of his freehold in the

borough for a rent[864]. The right of ownership on the part of the

villain is clearly recognised in the Great Charter, which prescribes the

mode and extent of amercing villains, and thereby supposes their

independent right of property, while the serf has nothing of his own,

and could not be amerced in his own[865]. The author undoubtedly hits

here on a point where the usual feudal theory had been discountenanced

by statute: it was certainly difficult to maintain at the same time that

the villain, as serf, had nothing but what had been precariously

entrusted to him by the lord, and at the same time that he must suffer

for misdeeds in the character of an owner. Strained in one sense the

article of the Charter could be made to mean that, at the time of the

Great Charter, there was no such thing as the civil disability of

servitude in England. Strained in another sense suggested by the Mirror,

it would lead to a standing distinction between villains, as owners, and

serfs, as people devoid of civil rights. We know that legal practice

preferred a compromise which was anything but consistent in point of

doctrine, but, as I have said in my text, the notion of the civil right

of the villain, and especially in his so-called wainage, seems to have

been deep-rooted enough to counterbalance in some respects the current

feudal doctrine.

It would have been difficult for the author of the Mirror to maintain

that practice was in accordance with his theory; and he falls out of his

part now and then, as, for instance, when he speaks of the

enfranchisement of the serf from whom the lord had received homage in

addition to fealty--this is a case clearly applying to villains as well

as to those whom he calls serfs, and it is not the only time that he

forgets the distinction[866]. But when his attention is not distracted

by details he takes his ground on the assumption that the original

rights of the villains were gradually falling into disuse through the

encroachments of the stronger people. We even find in the Mirror that

the villains ought to have the assise of novel disseisin as a remedy in

case of dispossession. If they were oppressively made to render other

than the accustomed services they had to resort to the writ, 'ne injuste

vexes,' and it is a sign of bad times that they are getting deprived of

it. Edward the Confessor took good care that the legal rights of the

villains should not be curtailed[867]. It is needless again to point

out that this view of villainage is well in keeping with the fundamental

notion which I tried to bring out in my text, the notion, namely, that

the law of villainage contained heterogeneous elements, and had been

derived partly from the status of free ceorls.

IV.

See p. 87, n. 1.

[Coram Rege 10 Henry III, N. 26. m. 4. d.]

Assisa venit recognitura si Iohannes Cheltewynd iniuste etc. disseisiuit

Willelmum filium Roberti de libero tenemento suo in Cheltewynd post

ultimum etc. Et Iohannes venit et dicit quod non disseisiuit eundem

Willelmum de aliquo libero tenemento quia villanus suus est et nullum

habet liberum tenementum et quod Robertus pater suus fuit villanus. Et

Willelmus dicit quod tenementum illud liberum est et quod Robertus pater

suus libere tenuit de Ada patre Iohannis de Chetewod et per cartam quam

profert in haec verba quod Adam de Chetwud concessit Roberto filio

Wourami patri Willelmi et heredibus suis dimidiam virgatam terre cum

pertinenciis in Chetwud in feodum et hereditatem tenendam de eodem

Roberto et heredibus suis libere quiete cum omnibus consuetudinibus et

libertatibus quas ceteri franci homines habent pro 26 denariis per annum

reddendo pro omni servicio et pro omnibus rebus ad eum et heredes suos

pertinentibus.

Et Iohannes bene cognoscit cartam illam et dicit quod idem Robertus fuit

villanus patris sui et per pecuniam domini sui redemptus fuit a

seruitute et quod antequam esset liberatus a servitute fuit idem

Willelmus nativus, et petit judicium si per cartam quam pater suus ei

fecerat debeat esse liber tempore Iohannis cum redemptus esset per

pecuniam patris Iohannis et Robertus nichil proprium habuit cum esset

villanus. Et dicit quod idem Willelmus non fuit nisi custos patris sui

de eadem terra dum pater suus fuit alibi manens.

Post uenit Willelmus et retraxit se et ideo in misericordia Pauper est.

Et Iohannes dat ei III marcas et Willelmus remanet etc. Ita quod idem

Willelmus ibit quocumque uoluerit. Et Iohannes quietum clamauit

Willelmum de omni seruitute.

V.

See p. 90, n. 4.

[De Banco Roll, Michaelmas, 15 Edw. II, m. 271.]

Abbas de Sancto Edmundo attachiatus fuit ad respondendum Rogero filio

Willelmi Henri homini praedicti Abbatis de manerio de Mildenhale quod

est de antiquo dominico corone Anglie etc. de placito quare exigit ab eo

alias consuetudines et alia servicia quam facere debent et antecessores

sui tenentes de eodem manerio facere consueverunt temporibus quibus

manerium illud fuit in manibus progenitorum Regis quondam Regum Anglie

contra prohibicionem Regis etc. Et unde idem Rogerus per Petrum de

Elyngham attornatum suum dicit quod ipse et antecessores sui et quilibet

tenens unum messuagium et quindecim acras terre cum pertinenciis in

eodem Manerio sicut idem Rogerus tenet tempore quo Manerium illud fuit

in manibus Sancti Edwardi Regis quondam Regis Anglie progenitoris Domini

Regis nunc tenuit tenementa sua per fidelitatem et servicium inveniendi

unum hominem ad tenendum vel fugandum carucam Domini singulis diebus

anni quando caruce arare consueverunt tantum pro omni servicio et habere

consuevit carucam Domini qualibet altera septimana singulis annis per

diem Sabbati ad terram suam propriam arandam vel carucam illam aliis

locandam et similiter sextam partem vesture unius acre ordei et

medietatem vesture unius rode frumenti de melioribus tempore messis et

prandium suum ad nonam singulis annis per sex dies in anno in aula

Domini sumptibus ejusdem Domini scilicet in diebus Sancti Michaelis,

Omnium Sanctorum, Natalis Domini, Purificacionis Beate Marie, Pasche et

Pentecostes et oblacionem suam singulis annis per quatuor dies in anno

scilicet in diebus Natalis Domini, Purificacionis Beate Marie, Pasche et

Assumpcionis Beate Marie Virginis scilicet quolibet die unum denarium et

per hujusmodi certas consuetudines et servicia ipse et omnes

antecessores sui tenementa quae ipse modo tenet tenuerunt a tempore quo

non exstat memoria usque ad tempus istius Abbatis quod idem Abbas

praeter praedicta servicia exigit ab eo singulis vicibus quibus aliquis

Abbas est de novo creatus finem ei praestandum pro capa sua ad

voluntatem suam et pro filiis et filiabus suis maritandis et pro terris

suis dimmittendis et pro ingressu habendo in hereditatem suam post

obitum antecessoris sui finem similiter ad voluntatem suam ac idem

Rogerus die Jovis proxima ante festum Apostolorum Simonis et Jude anno

regni Domini Regis nunc quartodecimo apud Sanctum Edmundum in praesencia

Thome de Wridervill Roberti Tillote Philippi de Wangeford Roberti de

Lyvermere et aliorum liberasset praedicto Abbati breve Regis de

prohibicione et ei inhibuisset ex parte Domini Regis ne idem Abbas

exigeret ab eo alias consuetudines et alia servicia quam ipse et

antecessores sui tenentes de eodem Manerio facere consueverunt

temporibus quibus Manerium illud fuit in manibus progenitorum Regis

quondam Regum Anglie. Idem Abbas spreta regia prohibicione praedicta

nihilominus postmodum exigit ab eo praedicta superonerosas consuetudines

et ad ea sibi facienda per graves et intollerabiles districciones

distringit quominus terram suam excolere potest unde dicit quod

deterioratus est et dampnum habet ad valenciam centum librarum. Et inde

producit sectam etc.

Et Abbas per Willelmum de Bakeham attornatum suum venit. Et dicit quod

non debet praedicto Rogero ad hoc breve nec ad aliquod aliud breve

respondere. Quia dicit quod idem Rogerus est villanus ipsius Abbatis et

villanus ecclesie sue Sancti Edmundi. Et quod ipse seisitus est de ipso

tanquam de villano suo unde petit judicium etc. Et Rogerus dicit quod

ipse est homo ipsius Abbatis de Manerio de Mildenhale quod est de

antiquo dominico corone Anglie. Et quod Mildenhale sit de antiquo

dominico Corone Anglie paratus est verificare per librum Domesday. Et

super hoc inspecto libro praedicto comperta sunt in eodem verba

subscripta.--Suffolk--Inter terras Stigandi quas Willelmus Denvers

servat in manu Regis.--Lacforde Hundred. Mildenehalla dedit Rex Edwardus

Sancto Edmundo et post tenuit Stigandus sub Sancto Edmundo in vita Regis

Edwardi pro manerio xij carucate terre tunc et post xxx uillani modo

xxxiij. Tunc viij. Bordarii post et modo xv. semper xvj. servi semper vj

caruce in dominio et viij caruce hominum et xx acre prati ecclesia xl

acrarum et j molendinum et iij piscaciones et dimidiam xxxj eque

silvatice xxxvij averia et lx porci et Mille oves et viij socemanni xxx

acrarum semper dimidia caruca. Huic iacet i bervita--Et quia ex verbis

praedictis videtur Curie quod Mildenhale est de antiquo dominico corone

etc. dictum est praedicto Abbati quod respondeat quod sibi viderit

expedire etc.

Et Abbas dicit sicut prius quod praedictus Rogerus est villanus suus et

ecclesie sue praedicte et quod ipse seisitus est de ipso ut de villano

suo et quod ipse et omnes Abbates de Sancto Edmundo praedecessores

ipsius Abbatis ex tempore quo non extat memoria seisiti fuerunt de ipso

Rogero et antecessoribus suis ut de villanis suis talliando ipsos alto

et basso pro voluntate sua et faciendo de ipsis praepositos et messores

suos et capiendo ab eis merchetum pro filiis et filiabus suis maritandis

et finem pro terris suis dimittendis et pro ingressu habendo in terris

et tenementis post mortem antecessorum suorum ad voluntatem ipsorum

Abbatum. Et hoc paratus est verificare etc.

Et Rogerus dicit sicut prius quod ipse est homo de antiquo dominico

corone Anglie de praedicto Manerio de Mildenhale et quod ipse et omnes

antecessores sui a tempore quo non exstat memoria tenuerunt tenementa

sua praedicta de praedecessoribus praedicti Abbatis et de progenitoribus

Domini Regis Regum Anglie quondam Dominis ejusdem Manerii per praedicta

certa servicia et consuetudines in narracione sua superius contenta

absque hoc quod praedecessores praedicti Abbatis fuissent seisiti de

ipso Rogero aut antecessoribus suis ut de villanis suis talliando ipsos

alto et basso vel faciendo de ipsis praepositos et messores aut capiendo

de ipsis incertas consuetudines et servicia sicut praedictus Abbas

dicit. Et hoc petit quod inquiratur per patriam. Et praedictus Abbas

similiter Ideo praeceptum est Vicecomiti quod venire faciat hic a die

Pasche in tres septimanas xij etc. per quos etc. et qui nec etc. ad

recognicionem etc. Quia tam etc.

See p. 97, n. 2.

The Mildenhall trial just quoted may serve as an instance of litigation

between lord and tenant of a manor in ancient demesne, when it took

place before the Royal Courts. The Rolls of King's Ripton, Hunts, now

published by Prof. F.W. Maitland, for the Selden Society, give an

insight into the working of the Manorial Court itself when it had to

decide between lord and tenant in a question of right (pp. 118 _et

sqq._). Jane the daughter of William of Alconbury claims eight acres of

land against the Abbot of Ramsey, lord of the manor. He does not choose

to answer at once and takes advantage of all the procrastinations usual

in such matters. Three times he gets summoned and does not appear; the

Court proceeds to distrain him and after three distraints he essoins

himself three times before making up his mind to answer by attorney and

to ask a view of the land. Pleadings follow in the usual course, and

ultimately a sworn inquest has to decide on the question whether the

plaintiff was of full age at the time of a transaction through which the

land claimed came into the hands of the Abbot. The point is, that the

lord of the Manor is placed entirely on the same footing in regard to

the action of his tenant as any other suitor.

In 1296 an action of dower occurs between a certain Maud Grayling and a

number of persons holding land within the manor. It is opened by a _writ

of right_ which is bound up with the roll, but has not been printed by

Mr. Maitland as it does not contain anything of special interest. The

beginning of this writ is typical--it does not mention the abbot, but

only the bailiffs of the abbot: [Edwardus Dei gratia Rex Angliae] Dux

Aquitaniae, Ballivis Abbatis de Rameseye de Riptone Regis Salutem.

Precipimus vobis quod sine dilacione et secundum con[suetudinem manerii

de Riptone Regis ple]num rectum teneatis Matildi que fuit uxor Hugonis

Grayling de medietate sex messuagiorum sexaginta et qua[tuor acrarum] et

unius rode [terre dimidia acra prati] cum pertinenciis in Riptone Regis,

unde etc. (Court of Augmentation, Portf. XXIII, N. 94, r. 9). On pp.

100-104 Mr. Maitland gives the translation of two most valuable records

of _Monstraverunt_ in the Court of King's Bench between the men of

King's Ripton and the Abbot. The suit is very similar to that of the men

of Mildenhall; and indeed all these ancient demesne trials turn on the

same points.

VI.

See p. 91, n. 3.

The Stoneleigh Register, in the possession of Lord Leigh, is certainly

one of the most interesting surveys of a medieval manor extant, and

gives a better insight into the condition of ancient demesne than any

other document I know of. Its publication would be particularly

desirable in the interests of social history. This compilation is indeed

a late one, but it has been made with great care and evident accuracy

from the original records which go back even to Henry II's time. One

part is especially important, because it gives selections from the Court

Rolls of the Manorial Court. An extract from the compiler's Introduction

will show the nature and grouping of his material.

F. 2, a: In quorum primo libro agitur de generacione nobilium regum

Anglie incipiendo modicum ante conquestum usque ad presens sumarie

concepta. Et de possessionibus et graciis per eos nobis factis et

collatis, tam in monasterio de Rademora quam in monasterio de Stonleya.

Ac eciam de diversis memorandis consuetudinibus, placitis, feuffamentis,

diuisionibus tenementorum in villa et hamelettis de Stonle. Et de bundis

et peranbulacionibus dicti manerii de Stonle. Ac subsequenter de actis

abbatum de Stonle a tempore fundacionis quod infra intitulabitur _usque

ad presens videlicet usque ad feriam quartam in festo Sancti Gregorii

pape anno domini millesimo trecentesimo nonagesimo secundo_, anno vero

domini Regis Anglie Ricardi secundi post conquestum sexto decimo. In

secundo libro continentur memoranda de villis de Hartone, Cobsitone....

Erdyngtone.... In tertio libro continentur diversa memoranda tam nos

quam alios tangencia et alia informatiua abbatum iuniorum consilia

racionabilia secundum antiquas consuetudines, extentas, computaciones

per quas poterit a nociuis abstineri, videlicet in diuisionibus

possessionum et aliis faciendis pro bono et conseruacione juris

monasterii. In quarto libro summarie scribuntur copie diuersorum

priuilegiorum et diuersarum composicionum decimarum et placitorum. Et de

diuersis casibus et defensionibus super eisdem. Item in casu quo facta

esset commissio alicui abbati a curia Romana et a generali capitulo.

The following passage is characteristic of the conception of ancient

demesne: (4, a) Prefatus dominus Edwardus rex habuit in dominico suo

iure hereditario manerium de Stonle cum membris, videlicet Kenilworth,

Bakyngtone, Ruytone et Stratone, una cum aliis terris et maneriis. Que

quidem maneria existencia in possessione et manu domini Regis Edwardi

per universum regnum vocantur antiquum dominicum corone Regis Anglie

prout in libro de Domusday continetur.

See p. 116, n. 4.

F. 21, a: Henricus Dei gracia Rex ... venire facias coram nobis

Alexandrum de Canle ... et Hugonem le Seynsterer, ita quod sint apud

Kenilworth in octabis Sti Edwardi ostensuri quo warranto subtraxerunt

prefatis Abbati et Conventui quasdam consuetudines, libertates et jura

ad Sokam de Stonle spectantes ... anno regis nostri quinquagesimo ... Et

unde predictus Abbas pro se et Rogero Loueday _qui sequitur pro Rege_

dicunt quod, cum manerium de Stonle fuit antiquum dominicum domini Regis

... quilibet tenens ipsius manerii unam virgatam terre _consuevit

reddere ipsi domino Regi per annum_ 30 denarios et facere sectam ad

curiam suam de Stonle de tribus septimanis in tres ... predictus

Alexander qui unam virgatam terre de antiquo et tres rodas de assarto

tenet, de quibus reddit Roberto de Canle predictum redditum et 18

denarios pro predicta secta subtrahenda et pro predicto assarto denarium

et obolum ... Predictus Robertus de Canle tenet duas virgatas terre pro

5 solidis et omnes tenentes predicti secundum tenuras suas detinent

predicto Abbati predictas sectas pro quibus dictus Robertus de Canle

capit a predictis tenentibus secundum tenuras [_folio_ 22] suas,

scilicet pro una uirgata 30 denarios et de maiori tenura plus et de

minori minus. Et de totis assartis capit totum seruicium....

Et predictus Alexander Hugo et alii veniunt et defendunt vim et injuriam

etc.... et bene cognoscunt, quod antecessores eorum tenuerunt tenementa

sua in dicto hameletto de progenitoribus domini Regis per seruicium 30

denariorum pro virgata terre ... et bene cognoscunt quod ipsi reddunt

predicto Roberto de Canle redditus suos, sed qualiter ipse uel

antecessores sui huiusmodi seruicia perquisierint, ignorant.... Jurati

... per sacramentum suum dicunt, quod tempore Henrici Regis avi domini

Regis nunc tenuerunt omnes.... faciendo inde domino Regi seruicia et

consuetudines ad tenementa sua pertinentes. Quo tempore quidam

Ketelburnus antecessor Roberti predicti et vicinus ipsorum tenencium qui

tenuit de Rege sicut alii vicini sui, et quia predicti tenentes domini

Regis fuerunt exiles in bonis et predictus Ketelburnus fuit maior et

discrecior eis, locuti fuerunt cum ipso quod ipse colligeret redditum

eorum et illum deferret pro eis ad curiam regis, tanquam per manum

ipsorum. Et post mortem ipsius Ketelburni quidam heres ipsius Ketelburni

accreuit et duxit in uxorem quandam sororem cuiusdam constabularii de

castro de Kenilworth. Qui quidam heres ex permissione dicti

constabularii atraxit ad se omnia servicia vicinorum suorum et reddidit

antecessoribus domini Regis pro qualibet virgata dicte ville 30 denarios

et fecit sectam pro eis ad curiam domini Regis. Et cepit pro secta

predicta certum redditum et pro assartis predictis et ipsum redditum

penes se retinuit ... [_folio_ 23] Dicunt eciam quod idem Robertus de

Canle coram iusticiariis domini Regis ultimo itinerantibus in comitatu

isto tulit _breve de natiuitate versus predictum Alexandrum Hugonem et

alios et petiit eos, ut natiuos suos, et tunc ibidem declaratum fuit

quod liberi fuerunt et ipse Ricardus remansit in misericordia. Unde

dicunt, quod ipsi sunt adeo liberi penes se, sicut predictus Robertus

penes se et tenere debent tenementa sua de domino Rege in capite...._ Et

ideo consideratum est, quod dominus Rex recuperet seysinam suam ... et

predictus Alexander Hugo et alii sint _intendentes domino Regi et

balliuis suis uel illis quibus dominus Rex eos dare voluerit..._ Item

coram eisdem justiciariis inquisicio facta fuit per preceptum domini

Regis quod ... tempore quo rex Henricus avus domini regis Henrici filii

regis Johannis contulit abbati manerium de Stonle cum soka ... fuit idem

Rex in seysina de toto manerio integro de Stonle ... et idem Abbas

similiter in seysina ... quousque Petrus de Canle qui fuit collector

redditus de Canle ad instanciam vicinorum suorum ad redditus illos

deferendum domino Regi et pro eis soluendum, subtraxit a se per

diuturnam colleccionem suam et per remissionem et negligenciam dominorum

sine impedimento et calumpnia sectas, relevia, escaetas octo tenencium

qui tenebant _octo virgatas terre de domino Rege et postea de Abbate de

Stonle_ [_folio_ 23d] Anno regni Regis Henrici ... quinquagesimo primo

... _Dominus Rex habuit seysinam dicti hameletti per duas ebdomadas et

deinde dominus Rex per vicecomitem suum posuit prefatum Abbatem in

plenam seysinam dicti hameletti de_ Stonle die Sti Clementis eodem anno

ad magnam crucem ville de Stonle.

See p. 117, n. 1.

The Stoneleigh Register has the following entry on f. 12: Memorandum

quod tempore fundacionis fuerunt in manerio de Stonle lx et xiij

_villani_ quatuor _bordarii_ cum duobus presbyteris tenentes _xxx

carucatas_ terre prout continetur in libro de Domesday, fuerunt eciam

tunc quatuor _natiui siue serui_ in le lone (_sic_) quorum quilibet unum

mesuagium et unum quartronem terre tenebat per servicia subscripta,

videlicet leuando furcas ... et debebant ... redimere sanguinem suum et

dare auxilium domino ad festum Sti Michaelis scilicet Ayde, et facere

braseum et alia servicia seruilia, quorum nomina fuerunt Henricus Croud,

cuius heres Iohannes Shukeburghe; secundus vocabatur Robertus Bedul,

cuius heredes extincti sunt in prima pestilencia. Tercius fuit Galfridus

Dore cuius eciam heredes extincti sunt in eadem pestilencia. Quartus

fuit Robertus Stot qui eciam mortuus est sine herede. Fuerunt eciam

_quatuor liberi tenentes_ in villa de Stonle qui tenuerunt hereditarie

quinque mesuagia et quinque virgatas terre cum pertinenciis de Rege in

capite per seruicia sokemanrie, videlicet Paganus de Stonle qui tenuit

duas virgatas terre, qui Paganus abavus fuit Iohannis de Stonle, patris

Roberti le Eyr. Qui Iohannes de Stonle dedit unum quartronem terre

Iuliane filie sue et Roberto Carteri marito dicte Iuliane, cuius heres

est Iohannes Iulian. Dedit eciam prefatus Iohannes de Stonle cum alia

filia sua Alicia nomine unum mesuagium et unum quartronem terre Roberto

filio Reginaldi Baugy, marito ipsius Alicie et ipsorum heredibus. Qui

Robertus et Alicia dederunt dictum tenementum Willelmo filio Roberti

Staleworthe de Flechamstede et heredibus suis prout inferius pleniter

continetur. Quorum heres est linealiter Willelmus Staleworthe qui modo

ea tenet. Predictus vero Robertus le Eyr dedit omnia residua tenementi

sui cum redditibus et seruiciis Ioanni Sparry et Iohanni Hockele

approwatoribus Abbatis de Stonle. Et ipsi approwatores de licencia

Domini Regis per breue ad quod dampnum predicta tenementa Roberti le

Heyr dederunt Roberto de Hockele Abbati de Stonle et successoribus suis

in perpetuum anno regni Regis Edwardi tercii post conquestum

vicesimo....

Fuerunt eciam duo liberi tenentes in parva Sokemanria, qui tenuerunt

hereditarie duo mesuagia et medietatem unius virgate terre cum pratio et

pertinenciis de Rege in capite. Quorum heredes ea dederunt in feudo de

licencia domini Abbatis Alexandro Lynburgh, Henrico Rachel, Ricardo

Sheperde et Simoni Malyn. Et ipsi ea dederunt Iohanni Hockele

approwatori Thome Pype Abbatis de Stonle. Qui abbas ipsa tenementa una

cum aliis tenementis amortizauit per breue ad quod dampnum, prout in

carta regia inferius contenta plenius apparet. Item fuerunt tenentes

cottarii in predicta villa de Stonle tempore fundacionis Abbatii xxiv

tenentes xxiv cotagia in villa de Stonle pro certis redditibus.

In the description just quoted the greater bulk of the tenants is

described as villains according to the terminology of Domesday and only

a few (six in all) are said to be free socmen and little socmen. But a

remarkable passage on the constitution of the Court and the rights and

duties of its suitors describes these very villains as socmen.

F. 73. Curia de Stonle ad quam Sokemanni faciebant sectam solebat ab

antiquo teneri super montem iuxta uillam de Stonle vocatam Motstowehull.

Ideo sic dicta quia ibi placitabant. Sed postquam Abbates de Stonle

habuerunt dictam Curiam et libertatem pro aysiamento tenencium et

sectatorum fecerunt domum Curie in medio Ville de Stonle. Ad quam curiam

veniunt et sectam faciunt omnes sokemanni manerii de Stonle de tribus

septimanis in tres. Et quilibet eorum tenens unam virgatam terre solvet

domino annuatim 30 denarios, scilicet unum denarium per acram quia

quelibet virgata continet 30 acras et non plus. Et in quolibet hameletto

manerii sunt 8 virgate terre. Et si quod amplius habent, hoc utique

habent de approvacione et assartacione vastorum. Item quodlibet

hamelletum dabit domino sextam porcionem ad communem finem bis per annum

ad curiam visus franciplegii. Ad quem finem prefati socemanni sectatores

curiae nihil solvent sed inferiores tenentes, nisi in casu quod

deficiant tenentes inferiores. Item prefati sokemanni in obitibus suis

dabunt herietum integrum, scilicet unum equum et hernesium et arma si

habuerint. Sin autem melius averium integrum quod habuerint. Et quilibet

heres patri succedens debet admitti ad hereditatem suam anno etatis sue

quintodecimo et solvet domino releuium, scilicet dupplicabit redditum

suum. Et dabit iudicia cum aliis paribus suis sokemannis. Et erit

prepositus colligendo redditum domini quando eligetur per pares suos.

Et debet respondere brevibus et omnia alia facere ac si plene esset

etatis per legem communem. Item Sokemanni habebunt in forinsecis boscis

manerii per visum forestariorum estoverium, scilicet.... Et omnes

tenentes Sokemannorum simul cum tenentibus domini venient cum faucillis

ad bederipam domini ad metendum blada domini. Et ipsi etiam Sokemanni

venient ad ipsam bederipam equitantes cum virgis suis ad videndum quod

bene operantur, et ad praesentandum et ad amerciandum deficientes et

male operantes. Et si non venerint ad dictam bederipam in forma

predicta, debent graviter amerciari.

In the Warwickshire roll (Queen's Remembrancer's Miscellaneous Books, N.

29) villains are mentioned, but only exceptionally and in very small

number. It looks as if they represented that class of the tenantry which

in the Register is described as _servi vel nativi_. It would be out of

the question to print here the detailed account of the distribution and

character of the holdings given in the Hundred Roll--this must be left

to the future editor of that document. But I may say here, that the

holdings are much scattered, and that it would be difficult to trace the

original plan mentioned in the Register. Still the division into

principal tenants, mesne tenants, and cotters is clearly discernible,

and the principal tenants are called free in the manor itself as well as

in the hamlets. In two cases they are also spoken of as socmen.

VII.

See p. 101, n. 5.

[County Placita, Norfolk, No. 5, 21 Ed. III.]

Edwardus Dei gracia Rex Anglie et Francie et Dominus Hibernie

Thesaurariis et Camerariis suis salutem. Volentes certis de causis

cerciorari super tenore recordi et processus loquele que fuit inter

Willelmum de Narwegate et quosdam alios homines Rogeri Bygod nuper

Comitis Norfolk de Manerio de Haluergate quod est de antiquo dominico

corone Anglie ut dicitur, et ipsum comitem coram Domino E. nuper Rege

Anglie auo nostro anno regni sui vicesimo primo per breve ejusdem aui

nostri de eo quod idem Comes ostenderet quare a praefatis hominibus

exigebat alias consuetudines et alia seruicia quam facere deberent et

ipsi et antecessores sui tenentes de eodem Manerio facere consueverunt

temporibus quibus Manerium illud fuit in manibus progenitorum nostrorum

quondam Regum Anglie, vobis mandamus quod scrutatis rotulis praefati aui

nostri de tempore praedicto qui sunt in thesauraria nostra sub custodia

vestra (ut dicitur) tenorem recordi et processus praedictorum nobis in

Cancellaria nostra sub sigillo scaccarii nostri sine dilacione mittatis

et hoc breve. Teste Leonello filio nostro carissimo Custode Anglie apud

Redyng vi die Julii anno regni nostri Anglie vicesimo primo regni vero

nostri Francie octavo.

Placita coram Domino Rege de termino Sancti Michaelis. Anno regni Regis

Edwardi filii Regis Henrici xxj finiente incipiente xxii^{o}.

Rogerus Bygod Comes Norfolk et Marescallus Anglie attachiatus fuit ad

respondendum Willelmo de Narwegate, Henrico filio Simonis de Culyng,

Thome filio Henrici de Haluergate, Ricardo atte Howe, Roberto Sewyne et

Ricardo filio Henrici Margerie hominibus praedicti Rogeri le Bygod de

Manerio de Haluergate quod est de antiquo dominico corone Anglie de

placito quare exigit a praefatis Willelmo de Narwegate et aliis alias

consuetudines et alia seruicia quam facere debent et antecessores sui

tenentes de eodem Manerio facere consueverunt temporibus quibus Manerium

illud fuit in manibus praedecessorum Regis Regum Anglie. Et unde

queruntur cum antecessores sui tenentes de eodem Manerio tempore Domini

Willelmi Regis Conquestoris quando praedictum Manerium fuit in manum

suam tenuerunt tenementa sua per certa seruicia videlicet pro qualibet

acra terre quam in eodem Manerio tenuerunt duos denarios per annum et

qui plus tenuerunt plus dederunt et sectam ad Curiam Regis in eodem

Manerio de tribus septimanis in tres septimanas et quando aliquis eorum

in Curia praedicta pro aliqua transgressione esset amerciandus per sex

denarios tantum amerciatus esse debet, et similiter per dupplicacionem

firme sue minoris vel majoris post mortem antecessorum suorum et solent

talliari quando Dominus Rex talliare fecit dominia sua Anglie pro omni

seruicio et per praedicta certa seruicia terras et tenementa sua

tenuerunt a tempore Regis Willelmi praedicti usque ad tempus Domini

Henrici Regis patris Domini Regis nunc, quod Rogerus Bygod antecessor

praedicti Rogeri qui nunc est ab eis et antecessoribus suis alias

consuetudines et alia seruicia exigebat et ad ea facienda distrinxit

videlicet pro qualibet acra quam in praedicto Manerio tenuerunt quatuor

denarios per annum et tallagium alto et basso cariagium aueragium et

merchettum pro filiis et filiabus suis maritandis et de eisdem

propositum faciendum iniuste et pro voluntate sua distrinxit. Et

praedictus Rogerus Bygod qui nunc est illam iniuriam continuando a

praefatis Willelmo et aliis praedicta seruicia villana et incerta exigit

et eos ad ea facienda distringit et inde producunt sectam etc.

Et praedictus Rogerus Bigod venit et defendit vim et iniuriam quando

etc. Dicit quod praedicti Willelmi et alii non debent ad breve suum

respondere. Dicit enim quod ipsi in brevi suo dicunt se esse homines

ipsius Rogeri de Manerio praedicto et tenentes de eodem Manerio qui

quidem Willelmus et alii non sunt homines ipsius Rogeri de Manerio

praedicto nec fuerunt die inpetracionis brevis sui videlicet xij die

Maij Anno regni Regis nunc xxj^{o} nec eciam aliqua tenementa tenent in

praedicto Manerio nec tenuerunt die praedicto nec antea per magnum

tempus unde petit iudicium etc.

Et praedictus Willelmus de Narwegate dicit quod ipse est homo praedicti

Comitis de Manerio praedicto et tenet in eodem Manerio unum Messuagium

unum croftum et dimidiam acram Marisci et tenuit die impetracionis

brevis praedicti. Et Thomas filius Henrici dicit quod ipse est homo

praedicti Comitis et tenet in praedicto Manerio unum messuagium et octo

acras marisci et tenuit die praedicto etc. Et de hoc ponunt se super

patriam. Et praedictus Comes similiter. Ideo veniant inde Jurati coram

Rege a die Sancti Hillarii in xv dies ubicumque etc. Quia tam etc. Et

praedicti Henricus Ricardus atte Howe Robertus et Ricardus filius

Henrici dicunt quod reuera ipsi iam viginti annis elapsis inpetrauerunt

quoddam breve consimile etc. tempore quo ipsi fuerunt homines ipsius

Comitis et tenentes de Manerio praedicto coram Domino Rege versus

praedictum Comitem et ab illo tempore usque nunc illud placitum sine

interrupcione sunt prosecuti ita quod si aliquod breve amiserunt medio

tempore statim breve consimile resussitauerunt. Unde dicunt quod si

praedictus Comes pendente praedicto placito et diligenter prosecuta quod

eis pro uno placito et pro uno et eodem brevi debeat reputari ipsos a

tenementis suis in eodem Manerio eiecit homines ipsos nunc ab agendo

repellere non debet. Et quod ita sit etc. offerunt verificare etc. tam

per placita que secuntur Dominum Regem quam per placita de Banco etc. et

eciam per placita ultimi itineris Salomonis de Roffa in comitatu

Norffolk etc. Et praedictus Rogerus Comes etc. dicit quod praedicti

Henricus Ricardus, Robertus et Ricardus non continuauerunt placitum suum

praedictum sine interruptione in forma praedicta etc. et hoc offert etc.

Ideo mandatum est Thesaurariis et Camerariis etc. quod scrutatis

brevibus et rotulis de placitis que sequuntur Dominum Regem a die

praedicto usque ad festum Sancti Michaelis anno regni Regis nunc xij^{o}

et eciam brevibus et rotulis de itinere praedicti Salomonis. Et similiter

mandatum est Elye de Bekyngham quod scrutatis rotulis et brevibus de

tempore Thome de Weylaund etc. que sunt sub custodia sua etc. Et quid

inde etc. scire faciant Domino Regi a die Pasche in xv dies ubicumque

etc. Idem dies datus est partibus etc. Ad quem diem venit praedictus

Comes et praedicti Henricus filius Simonis, Ricardus atte Howe, Robertus

Sewyne et Ricardus filius Henrici non sunt prosecuti. Ideo ipsi et

plegii sui de prosequendo in misericordia videlicet Adam atte Gates,

Henricus de Blafeld et Eustachius Hose de eadem. Et praedictus Comes

inde sine die etc. Postea in octabis Sancti Hillarii Anno regni regis

nunc vicesimo quarto venerunt praedicti Willelmus de Narugate et Thomas

filius Henrici et praedictus Rogerus Bygod venit et similiter Jurati

venerunt qui dicunt super sacramentum suum quod praedicti Willelmus et

Thomas praedictis die et anno non fuerunt homines praedicti Comitis

neque tenentes de praedicto Manerio. Ideo consideratum est quod

praedicti Willelmus et Thomas nichil capiant per breve suum set sint in

misericordia pro falso clamio. Et praedictus Rogerus Comes inde sine die

etc.

[In dorso:]

Memorandum quod tenor recordi et processus infrascripti exemplificatus

fuit sub magno sigillo Domini Regis sub hac forma videlicet. Edwardus

Dei gracia Rex Anglie et Francie et Dominus Hibernie Omnibus ad quos

etc. salutem. Inspeximus tenorem recordi et processus cuiusdam placiti

quod fuit coram Domino E. quondam Rege Anglie auo nostro anno regni sui

vicesimo primo inter Willelmum de Norwegate et quosdam alios et Rogerum

Bygod nuper Comitem Norfolk quem coram nobis in Cancellaria nostra

venire facimus in hec verba Placita coram Domino Rege etc. recitando

totum tenorem praedictum usque in finem et tunc sic Nos autem tenorem

recordi et processus praedictorum tenore praesencium duximus

exemplificandum. In cuius etc. Teste Leonello filio nostro carissimo

Custode Anglie apud Redyng xx die Julii anno regni nostri Anglie

vicesimo primo regni vero nostri Francie octauo que quidem brevia non

irrotulantur aliter quam hic inseritur.

VIII.

See p. 104, n. 1.

[Exch. Memoranda Q.R. 20 Edw. I, Trin. m. 21 d.]

Baronibus pro hominibus de manerio de Costeseye.

Rex mittit Baronibus peticionem hominum manerii de Costeseye presentibus

inclusam mandantes, quod audita intellecta et diligenter examinata

peticione predicta de diversis gravaminibus et iniuriis per preceptum

baronum et per Ricardum Athelwald de Crek ballivum eiusdem manerii

eisdem hominibus multipliciter illatis, predictis hominibus iusticie

complementum inde exhiberi faciatis prout de iure et secundum legem et

consuetudinem regni Anglie fuerit faciendum Ne oporteat ipsos homines

ad Regem iterato habere recursum ex causa praedicta. Teste Rege apud

Enleford VII die Maii XX^{o}.

_Peticio hominum de manerio de Costeseye._ A nostre Seignur le Rey e a

sun conseil se pleynent les pours genz le Rey de la basse tenure de le

maner de Costeseye ce est a sauer de la foreyn sokne com de Colton,

Eston, Hiningham, Thodeham, Rongelsunde, Weston, Tauerham, Berford,

Wramplingham et Dunholt ke Richard de Crek bailif le Rey del maner

avantdit a tort lur greve e distreynt e lur met hors de lur usages en

dreyt de lur tenaunce uses del tens memore ne curt. Ce est a sauer par

la ou memes cele genz sa en arere en les tens les cuntes de Bretayne, e

en le tens le Rey Johan e le Rey Henri ke deus asoile e en le tens

nostre Seignur le Rey Edward ke deu gard e de tuz iceus a queus le maner

avaunt dit a este done ou lesse a la volunte de Reys avaunt nomes pur ke

le Cunte de Bretayne e le viscunte de Dohay mesnes le maner forfirent,

unt vendu, done e lesse lur terres champestres per aper (?) saunz conge

demaunder en curt, forpris lur mes e lur croftes, la vient mesme celuy

Richard bailif auant nome e lur terres saunz conge venduz per aper (?)

ad seysi a greuuesement les ad amercie pur les tenemenz issi uendus

solonc les usages de lur tenaunce. Estre ce memes celuy Richard a tort

greve e distreint les genz auaunt nomes pur office de prouosterie e de

coylure (collector) ne ils ne deyuent estre ne soleyent, mes les viles

de Costeseye et de Banburg seruent et deyuent servir de tel office pur

lur tenaunce charge de tel seruise. E priunt la grece lur seignur le Rey

ke il voyle fere enquere par pais si le plest coment ils deyuent tenir e

ke la duresse fete a eus par le bailif auant dit seit redresse. Estre ce

les poure genz auant nomes sunt mut enpoureriz pur un taylage voluntref

ke le bailif Alianor Reyne de Engletere la mere nostre seignur le Rey ke

deus asoile nut pris a tort de an en an ce est a sauer xx markes de hom

apele communage ke auaunt sun tens ne fut donc mes a la premere venue de

nouel signur une conisaunce de Cs. cum fu done a nostre seignur le Rey

Edward kant le maner li fu done forpris les viles de Costeseye e de

Banburg ke sunt taylables haut e bas a la volunte le Rey cum costemers

del maners. Pur ce est ke les paure genz auaunt nome priunt la grace

nostre seignur le Rey si le plest pur le regard de pite ke il empreynt

pite de eus e lur face suffrir lur usages del tens dunc memore ne curt e

grace del torteuus taylage pur le quel il sunt mut empoairiz.

IX.

See p. 108, n. 1.

[Augmentation Court Rolls, XIV. 38.]

(Havering atte Bower, Essex.)

Curia ibidem tenta die Iouis proxima ante festum S. Iohannis ante portam

latinam anno r. r. Ricardi Secundi post Conquestum vicesimo. Ricardus

Rex Ballivis Thome Archiepiscopi Ebor et Edwardi comitis de Hauering

atte Boure. Precipio vobis quod sine dilatione et secundum consuetudinem

manerii de Hauering atte Boure plenum rectum teneatis Roberto Merston de

London et Ricardo Quylter de Hauering etc.

Hec est finalis concordia facta in curia Thome archiepiscopi Cantuar et

Edwardi Comitis Roteland apud Hauering atte Boure--coram Ricardo Wytl

... tunc senescallo et Ricardo Wylde tunc ballivo et aliis domini Regis

fidelibus tunc ibi presentibus inter etc.

Curia Thome Archiepiscopi Cantuarensis et Edwardi Comitis Roteland tenta

ibidem die Iouis proxima ante festum S. Bartholomaei apostoli anno r. r.

Ricardi Secundi post conquestum vicesimo primo.

Inquisicio ex officio coram Ricardo Wythmerssh senescallo de Haueryng

atte Boure per sacramentum Walteri Herstman----juratorum qui dicunt

supra sacramentum suum quod Alicia Dyere que de domino Rege tenuit duas

acras terre in marisco obiit seisita. Et quod Thomas de Donne filius

predicte Alicie est eius heres propinquior et plene etatis, ideo

preceptum seisire dictam terram in manus domini et respondere de exitu

quali etc. Item dicunt quod idem Thomas ingressus est feodum domini

videlicet unum mesuagium cum pertinentiis in Romford quod habuit ex dono

et feofamento Iohannis Cole ideo preceptum ipsum distringere pro

fidelitate et relevio etc. Item predicta Inquisitio onerata super

sacramentum suum si aliquis homo nativus de sanguine ingressus fuerit

feodum domini nec ne et quantum feodum illud valeat per annum dicit quod

non est aliquis homo nativus de sanguine ingressus feodum domini. Set

dicunt quod est quidam Iohannes Shillyng qui sepius dictus fuerat fore

nativus. Et dicunt ultra quod quidam Iohannes Shillyng pater predicti

Iohannis fuit alienigena et quod predictus Iohannes Shillyng quo ad

eorum cognitionem est liber et libere conditionis et non nativus. Item

prefata inquisitio dicit quod Robertus Clement de London Sadelere

ingressus est feodum domini videlicet unum mesuagium cum pertinenciis in

Romford quod habuit ex dono et concessione Iohannis Cole Taillor ideo

preceptum ipsum distringere pro fidelitate et relevio etc.

Item dicunt quod quidam homo veniens in comitiva domini Regis dimisit

quemdam equum in hospicio Iohannis atte Heth et cepit ibidem unum alium

equum etc. et dimisit predictum equum ibidem stare per unum mensem

absque aliquid clamando de predicto equo ideo preceptum dictum equum

seisire ad opus domini Regis et inde Regi respondere.

Curia ibidem tenta die Iouis proxima post festum S. Martini anno r. r.

Ricardi secundi post conquestum vicesimo primo.

Compertum est per inquisicionem ex officio captam per sacramentum Thome

Olyuere ... Qui dicunt super sacramentum suum quod quidam Iohannes Pecok

quondam tenuit unam peciam terre in marisco vocatam Wattiscroft pro qua

quidem terra reparabat et reparare tenebatur quoddam murum in marisco

erga Tamisiam in defensum aque inundantis. Et idem Iohannes Pecok de

terra predicta obiit seisitus. Et quod quidam Iohannes filius predicti

Iohannis Pecok est eius heres propinquus. Et dicunt quod predictus murus

est wastatus pro defectu reparacionis ita quod aque Tamisie inundans

superfluit murum predictum et demergit mariscum predictum ad grave

dampnum domini Regis et tenencium suorum.

Et predictus Iohannes filius Iohannis Pecok in propria persona sua dicit

quod non supponitur per presentacionem predictam quod terra predicta

vocata Wattiscroft prefato Iohanni filio predicti Iohannis Pecok

descendebat post mortem Iohannis Pecok patris sui nec quod predictus

Iohannes filius Iohannis Pecok aliquo tempore fuit tenens terre predicte

vocate Wattiscroft. Et si videtur Curie quod protestacio est sufficiens,

etc. dicit per protestacionem quod ipse non fuit heres predicti Iohannis

Pecok patris sui tempore mortis sue, etc. Et ulterius protestando dicit

quod predicta terra vocata Wattiscroft tenetur ad communem legem. Et

ulterius dicit pro placito quod ipse numquam habuit poscessionem

manualem de terra predicta set dicit quod quidam Iohannes Harwere post

decessum predicti Iohannis patris sui et longo tempore ante

inquisicionem predictam captam intravit in terram predictam ad usum

cujusdam Iohannis Selman ... _Et dictum est pro domino Rege_ quod

predictus Iohannes filius predicti Iohannis Pecok fuit tenens terre

predicte die quo inquisicio predicta capta fuit. Et petitum est per

dominum Regem quod inquiratur per patriam. Et pro predicto Iohanne

filio, etc. similiter. [Jurati] dicunt super sacramentum suum quod

predictus Iohannes Pecok vivente predicto Iohanne patre suo occupavit

predictam terram vocatam Wattiscroft per voluntatem patris sui et cepit

inde exitus et proficua. Et postea predictus Iohannes Pecok pater, etc.

obiit post cujus mortem predictus Iohannes filius, etc. intrauit ut

filius et heres et terram predictam ocupavit et inde cepit exitus

proficua, etc. Et dicunt quod est eorum consuetudo quod nullus homo

adquireret sibi aliquam terram in marisco que oneratur ex reparacione

alicuius muri in marisco erga Tamisiam nisi haberet sufficientem tenuram

in eodem dominio extra mariscum que poterit portare omnes reparaciones

illius muri in marisco quum necesse fuerit. Et dicunt esciam quod

Iohannes Selman non fuit tenens terre predicte vocate Wattiscroft die

quo officium predictum captum fuit set quod predictus Iohannes filius,

etc. terram predictam occupavit usque in diem quo predictum officium

captum fuit. Et dicunt quod est ad dampnum domini Regis quod murus

predictus non fuit reparatus predicto die, etc. de triginta et octo

solidis uno obolo.

Curia ibidem tenta die Iouis in festo S. Iohannis Apostoli et

Evangeliste anno r. r. Ricardi post Conquestum vicesimo primo.

Dominus Rex mandauit breue suum clausum Ballivis Edwardi Ducis Albemarle

de Haueryng atte Boure ... Precepimus vobis quod sine dilacione et

secundum consuetudinem manerii de Haueryng atte Boure plenum rectum

teneatis Ricardo filio Iohannis Legati de uno mesuagio viginti et octo

acris terre et una acra prati cum pertinenciis, etc.... Et predictus

Ricardus invenit plegios ad prosequendum breue predictum ... Et fecit

protestacionem ad sequendum breue predictum in natura breuis de

convencione. Virtute cuius brevis preceptum Ballivo quod summonere

faciat per bonos summonitores secundum consuetudinem manerii de Haueryng

atte Boure, etc....

Curia tenta ibidem die Iouis proxima ... vicesimo tercio.

Dominus Rex mandauit breue suum clausum Ballivis suis de Haueryng atte

Boure.

Curia ibidem tenta die Iouis proxima ante festum S. Laurencii martiris

anno r. r. Ricardi secundi post conquestum vicesimo tercio....

Ricardus Dei gratia Rex Anglie ... Ballivis suis de Haueryng, etc.

Hec est finalis concordia facta in curia domini Regis de Haueryng atte

Boure die Iouis ... coram Ricardo Withmerssh tunc senescallo et Iohanne

Bokenham tunc Balliuo et aliis domini Regi fidelibus tunc presentibus

inter W., etc.

X.

See p. 143, n. 3.

Exchequer Q.R. Ancient Miscellanea.

902/77 (No date, about 1300.)

Inquisitio: Will's Frere Walt's Michel Joh'es Broket }

Rob's Diaconus Elias de Leyes Thomas Coker }

Rob's Snellyng Elias Pany Will's Hardyng }

Joh'es Longus Godefrid' Newman Will's Walysce }

Joh'es Ordmar }

Qui dicunt subscripta per sacramentum suum.

Villainage in England: Essays in English Mediaeval History · 第 9 / 12 章