year, 32s.10d. For shoeing of 2 plough horses for the year, 2s.8d. For
wheels for carts, 2s.9d. For 6 carts made over, 12d. before the arrival
of the carpenter. For wages of the smith for the year, 8s.6d. For one
cart bound in iron bought new, 5s.7d. For wheels purchased for one cart
to haul dung, 12d. For leather harness and trappings, iron links,
plates, halters, 14d. For purchase of 2 ropes, 3d. For purchase of 2
sacks, 8d. For purchase of 5 locks for the granary, 11d. For making 2
gates for the sheepfold, 2s. For one gate for the farm yard, 12d. For an
ax and tallow purchased and for repairing the spindles of the mill for
the year, 6s.10d. For one millstone purchased for the mill 24s. For
making one gate near the mill, 12d. For meat prepared in the larder, 3s.
For beer bought for cleaning carcasses, 2s.1d. For digging 158 perches
of land around the pasture in the marsh, 32s.11d.; for each perch
2d.1ob. For the dovecote newly made, 22s.11d.1ob. For cutting 100 thick
planks for flooring both dispensary and butlery, 6s.3d. For nails or
pegs bought for planking beyond the cellar, 16d. For enclosing the
garden by making 2 gates, 6s.7d.1ob. For digging in the gardens, 8s.5d.
For the winter work of 55 carts, 9s.2d. For the Lent work of 49 carts,
8s.6d. For spreading 6 acres with dung, 6d. For threshing 24 quarters of
wheat at Mardon for seed, 5s. For winnowing the same, 7d. For winnowing
36 quarters of grain for seed, 3s.9d. For threshing 192 quarters of
grain 32s.; for each quarter 2d. For threshing 20 quarters of mixed corn
[grain], 2s.6d. For threshing 42 quarters of barley, 3s.6d. For
threshing 53 quarters of oats, 2s.2d.1ob. For hauling gravel to the
bridge and causeway, 4d. For cost of dairy, viz., 3 tines of salt,
cloth, and pots, 6s.10d. For purchase of 17 oxen, 5 pounds 13s. For
hoeing 140 acres, 5s.10d. For wages of two carters, one neatherd, for
the year, 9s. For wages of one carpenter for the year, 6s.8d. For wages
of one dairy woman, 2s.6d. For payment of mowers of the meadow at
Nunton, 6d. For 8 sheep purchased, 8s. For wages of one neatherd from
Nunton, 12d. For carrying 2 casks of wine by Walter Locard, in the time
of Martinmas, 8s.2d. For the carrying of 2 casks of wine from
Southampton to Downton by the seneschal, 3s.6d. at the feast of St.
Lawrence. For digging 22 perches in the farmyard, 6s.5d.; for each perch
3d.1ob. For allowance of food of Robert of Lurdon, who was sick for 21
days, with his man, 5s.3d. For allowance of food to Sewal who was caring
for 2 horses of the lord bishop for 3 weeks, 21d. For allowance of food
for Roger Walselin, for the two times he made gifts to the lord king at
Clarendon, 4s.9d. by two tallies. For allowance of food of Master Robert
Basset, for 3 journeys, 9s.3d.1ob. For livery of William FitzGilbert,
60s.10d. For 30 ells of canvas purchased for laying over the wool, and 2
cushions prepared for the court, 5s. For 8 sheep purchased, with lambs,
8s. Sum: 2 pounds.23d. Sum of livery and expenses: 159 pounds 12s.1d.
And there is owing: 5 pounds 9s.4d.1ob.
Produce of Granary: The same render account of 221 and a half quarters
and 1 strike from all the produce of grain; and of 24 quarters brought
from Mardon. Sum: 245 and a half quarters and 1 strike. For sowing 351
acres, 127 quarters. For bread for the lord bishop, 18 and a half
quarters delivered to John de Dispensa by three tallies. For the balance
sold, 110 quarters and 1 strike. The same render account of 38 and a
half quarters from all the produce of small corn [grain]. For the
balance sold, all. The same render account of 29 quarters and 1 strike
from all the produce of mixed corn [grain]. For seeding 156 acres, 53
quarters and 1 strike. For bread for 3 autumnal works, 9 quarters. For
the balance sold, 27 quarters. The same render account of 178 and a half
quarters from all the produce of barley. For sowing 102 and a half
acres, 49 and a half quarters. For payment for carts, 1 quarter. For
payment for hauling dung, 2 quarters. For allowance of food of two
carters, one carpenter, one neatherd, one dairy woman, for the year, 32
and a half quarters. For feeding hogs in the winter, 2 quarters. For the
balance sold, 91 and a half quarters. It is quit.
The same render account of 311 quarters and 2 bushels from all the
produce of oats. In sowing 221 and a half acres, 110 and a half
quarters. For prebends [revenues paid for a clergyman's salary] of the
lord bishop and lord king, on many occasions, 131 and a half quarters
and 2 bushels, by five tallies. For prebends of Roger Wakelin, 2 and a
half quarters and 3 bushels. For prebends of Master Robert Basset, 3 and
a half quarters and 1 bushel. For provender [dry food for livestock] of
2 horses of the lord bishop and 1 horse of Richard Marsh, for 5 weeks, 5
and a half quarters and 2 bushels. For provender of 2 horses of the lord
bishop who stayed 16 nights at Downton, 4 quarters. For that sent to
Knoyle, 18 quarters. For provender of 1 horse of Robert of Lurdon for 3
weeks, 1 and a half quarters. For prebends of two carters 7 quarters and
2 bushels. For the balance sold, 12 quarters. And there remains 14
quarters and 1 strike. The same render account of 6 and a half quarters
from the whole produce of beans. For planting in the garden half a
quarter. For the balance sold, 6 quarters. It is quit.
The same render account of 4 quarters and 1 strike from all the produce
of peas. For sowing 6 acres, 1 and a half quarters. For the balance sold
2 and a half quarters and 1 strike. It is quit. The same render account
of 4 quarters from all the produce of vetches [pea plants used for
animal fodder]. For feeding pigs in the winter, all. It is quit.
Beasts of Burden: The same render account of 104 oxen remaining from the
previous year. And of 2 yoked from useless animals. And of 1 from the
will of Robert Copp. And of 17 purchased. Sum: 124. Of living ones sold,
12. Of dead, 21. Sum: 33. And there remain 91 oxen. The same render
account of 2 goats remaining from the previous year. All remain.
The same render account of 19 cows remaining from the previous year. And
of 7 yoked from useless animals, and of 1 found. Sum: 27. By death, 1.
By killing, brought for the need of the lord bishop at Cranbourne, 2.
Sum: 3. And there remain 24 cows. The same render account of 7 heifers
and 2 steers remaining from the previous year. In yoked cows, 7 heifers.
In yoked oxen, 2 bulls. Sum: 9.
The same render account of 12 yearlings remaining from the previous
year. By death, 1. There remain 11, of which 5 are female, 6 male.
The same render account of 13 calves born this year from cows, because
the rest were sterile. In tithes, 1. There remain 12. The same render
account of 858 sheep remaining from the previous year. And of 47 sheep
for the payment of herbage, after birth, and before clipping. And of 8
bought before birth. And of 137 young ewes mixed with two-year-olds.
Sum: 1050. In live ones sold at the time of Martinmas, 46. In those dead
before birth, 20. In those dead after birth and before shearing, 12.
Sum: 78. And there remain 972 sheep.
The same render account of 584 wethers [castrated rams] remaining from
the previous year. And of 163 wethers mixed with two-year- olds. And of
16 rams from Lindsey, which came by brother Walter before shearing. Sum:
763. In living ones sold at the time of Martinmas, 27 wethers, 10 rams.
Paid to the men of Bishopton before shearing by writ of the seneschal,
20. By death, before shearing, 14. Sum: 71. And there remain 692 sheep.
The same render account of 322 old sheep remaining, with lambs from the
previous year. By death before shearing, 22. And there remain 300;
whence 137 are young ewes, mixed with sheep, and 163 males, mixed with
wethers.
The same render account of 750 lambs born from sheep this year because
20 were sterile, and 30 aborted. In payment of the smith, 2; of
shepherds, 3. In tithes, 73. In those dead before shearing, 105. Sum:
181. And there remain 569 lambs.
The same render account of 1664 large sheepskins whence 16 were from the
rams of Lindsey. In tithes, 164. In payment of three shepherds, 3. In
the balance sold 1497 skins with 16 skins from Lindsey which made 11
pondera.
The same render account of 569 lamb skins. In the balance sold, all,
which made 1 and a half pondera.
The same render account of 138 cheeses from arrears of the previous
year. And of 19 small cheeses. And of 5 larger ones from the arrears of
the previous year. And of 273 cheeses which were begun the 6th of April
and finished on the feast of St. Michael, both days being counted. And
they made cheeses two by two for 96 days, viz. from the 27th April to
the vigil of the feast of St. Peter in Chains, both days being counted.
Sum: 435 cheeses. In tithes 27. In payment of a shepherd, and mowers of
the meadow from Nunton, 2. In duty of a carter, 3. In autumnal work, 10.
In expenses of the bishop in the kitchen, 2 by one tally. In the balance
sold, 133 cheeses, which made 10 heads, from arrears of the previous
year. In the balance sold, 177 cheeses, which made 18 heads in this
year. In expenses of the lord king and lord bishop on the feasts of St.
Leonard and St. Martin, 19 small cheeses, and 5 larger ones from the
arrears of the previous year. And there remain 52 small cheeses which
make one head.
The same render account of 124 hogs remaining from the previous year.
And of 29 that were born of sows. Sum: 153 pigs. In tithes, 2. By death,
9. In those killed for the larder, 83. Sum: 95 pigs. And there remain 58
pigs. Also 19 suckling pigs. Sum of the whole: 77 pigs.
The same render account of 48 chickens from arrears of the previous
year. And of 258 chickens for cheriset. Sum: 306. In expenses of the
lord bishop on the feast of St. Martin, 36 by one tally. In expenses of
the same on the feast of St. Leonard, 106, by one tally. In expenses of
the lord king and bishop on the feast of the Apostles Peter and Paul,
131 chickens, by two tallies. In allowance for food for Roger Wakelin,
8. In allowance of food for Master Robert Basset, 4. By death, 21. Sum:
306 chickens. It is quit.
The same render account of 273 chickens, 27 sticae of eels, 4 suckling
pigs, freed for the expenses of the lord king and bishop. From the
Larder: The same freed for the expenses of the lord bishop meat of 2
cows taken to Cranbourne.
The same render account of 13 sides of bacon, arrears of the previous
year. And of 5 oxen and 1 quarter of old beef from arrears of the
previous year. And of 84 hogs from Downton. And of 71 hogs from Mardon.
And of 10 hogs from Overton. And of 9 hogs from High-Clere. And of 14
hogs from Harwell. And of 7 hogs from Knoyle. Sum: 203 hogs, and meat of
5 oxen and one quarter. In expenses of the lord bishop at the feast of
St. Martin, 8 sides of bacon. In expenses of the same at the feast of
St. Leonard, 17 sides of bacon, the meat of 5 oxen, and 1 quarter of an
ox. In expenses of the same on the morrow of the feast of the Holy
Cross, delivered to Nicolas the cook, 27 sides of bacon. In expenses of
the lord bishop delivered to the same cook at Knoyle on the Saturday
before the feast of St. Michael, 15 sides of bacon. In expenses of the
same and of the lord king on the feast of the Apostles Peter and Paul,
50 sides of bacon. In allowance of food to Master Robert Basset on the
feast of All Saints, half a side of bacon. In allowance of food to the
same on Wednesday and Thursday before Pentecost, 1 side of bacon. In
those sent to Knoyle for autumnal work, 6 sides of bacon. In three
autumnal festivals at Downton, 9 and a half sides of bacon. Sum: 134
sides of bacon. And there remain 74 sides of bacon.
The same render account of skins, sausages, and offal of the said hogs.
In expenses of the lord king and lord bishop at the feast of St.
Leonard, all. Nothing remains."
King Richard the Lion-hearted, unlike his father, was interested in
warfare. He spent most of his term on crusade to recover Jerusalem. For
his expenses, he imposed a tax of one-tenth of rents and income from
moveable goods. He also sold town charters, heiresses and heirs, widows,
sheriffdoms, justiceships, earldoms, and licenses for tournaments. In
1198, the bishop barons had refused to pay for a campaign of Richard's
war in Normandy arguing that military service was only due within the
kingdom of England. When Richard was captured, every person in the realm
was required to pay a part of his ransom of 100,000 pounds, which was
double the whole revenue of the crown. Aids, tallages, and carucage were
imposed. The heaviest impost was one-fourth of revenue or of goods from
every person.The crusaders' contact with Arabs brought to England an
expansion of trade, Arab horses, and arabic numerals, which included
"zero" and greatly facilitated arithmetic, which was very difficult with
Roman numerals. The church decreed that those who went on these crusades
would be remitted of their sins.
At the end of this period was the reign of King John, a short man.
After his mother Eleanor's death in 1204, John ruled without her
influence. He had no conscience and his oaths were no good. He trusted
and was trusted by no one. He had a huge appetite for money. He imposed
2,000 pounds [3,000 marks] on London for confirmation of its charter. He
imposed levies on the capital value of all personal and moveable goods.
It began the occasional subsidies called "tenths and fifteenths" from
all people on incomes from movables: one-tenth from boroughs and royal
demesne land, and one-fifteenth elsewhere. He sold the wardships of
minors and the marriages of heiresses to the highest bidder, no matter
how base. He appointed unprincipled men to be both sheriff and justice,
enabling them to blackmail property holders with vexatious writs and
false accusations. Writs were withheld or sold at exorbitant prices.
Crushing penalties were imposed to increase the profits of justice. He
asserted over fowls of the air the same exclusive right as over beasts
of the forest. The story of Robin Hood portrays John's attempt to gain
the crown prematurely while Richard was on the Crusades to recover
Jerusalem for Christendom.In 1213, strong northern barons refused a
royal demand for service in France or scutage, arguing that the amount
was not within custom or otherwise justified. John had private and
public enemies. No one trusted him and he trusted no one. His heavy
handed and arbitrary rule quickly alienated all sectors of the
population: other barons, bishops, London, and the commons. They joined
the barons to pressure him to sign the Magna Carta correcting his
abuses. For instance, since John had extracted many heavy fines from
barons by personally adjudging them blameworthy in disputes with others,
the barons wanted judgment by their peers under the established law of
the courts. In arms, the barons forced John to sign the Magna Carta
correcting his abuses.
- The Law -
No one, including the lord of a manor, may take land from anyone else,
for instance, by the customary process of distress, without a judgment
from the Royal Court. This did not apply to London, where a landlord
leasing or renting land could take distress in his fee.
No one, including the lord of a manor, shall deprive an heir of the
land possessed by his father, i.e. his birthright.
A tenant may marry off a daughter unless his lord shows some just cause
for refusing to consent to the marriage. A tenant had to pay an "aid" to
his lord when the lord's daughter married, when the lord's son was
knighted, or when the lord's person was ransomed.
A man [or woman] may not will away his land, but he may sell it during
his lifetime.
The land of a knight or other tenant of a military fee is inherited by
his eldest son. The socage land of a free sokeman goes by its ancient
custom before the Norman Conquest.
If a man purchased land after his marriage, his wife's dower is still
one-third of the land he had when they married, or less if he had
endowed her with less. But he could then enlarge her dower to one-third
of all of his lands. The same rule applied if the man had no land, but
endowed his wife with chattel or money instead.
Dower law prevented a woman from selling her dower during the life of
her husband. But he could sell it or give it away. On his death, its
possessor had to give the widow the equivalent worth of the property.
A widower had all his wife's lands by curtesy of the nation for his
lifetime to the exclusion of her heirs.
The Capital Messuage [Chief Manor] could not be given in dower or
divided, but went in its entirety to its heir.
Heirs were firstly sons, then daughters, then grandsons per stirpes,
then granddaughters per stirpes, then brothers, and then sisters of the
decedent. [By taking "per stirpes" instead of "per capita", a person's
share goes to that person's heirs if that person predeceases the
ancestor-decedent.] Male heirs of land held by military service or sons
of knights who were under the age of twenty-one were considered to be in
custody of their lords. The lord had wardship over the heir's land,
excluding the third that was the widow's dower for her life. He had to
maintain the heir in a manner suitable to his dignity and restore to him
when he came of age his inheritance in good condition discharged from
debts. Male heirs of sokemen who were under the age of fifteen were in
the custody of their nearest kindred. The son of a burgess came of age
when he could count money, measure cloth, and manage his father's
concerns.
Female heirs remained in the custody of their lords until they married.
The lord was bound to find a marriage for his ward when she became
fourteen years of age and then deliver her inheritance to her. She could
not marry without her lord's consent, because her husband was expected
to be the lord's ally and to do homage to him. But if a female heir lost
her virginity, her inheritance escheated to her lord. A woman with
property could not do homage because she could not perform military
service, but she generally swore fealty. She could receive homage from
men.
Bastards were not heirs, even if their father married their mother
after birth.
Any adult inheriting land had to pay a "relief" to the lord of the
land. For a knight's fee, this was 100s. For socage land, this was one
year's value. The amount for a barony depended upon the King's pleasure.
Heirs (but not widows) were bound to pay the debts of their fathers and
ancestors. A man who married a woman who had inherited land could not
sell this land without the consent of its heirs.
When a man dies, his wife shall take one-third and his heirs shall take
one-third of his chattels [movables or personal property]. The other
third he may dispose of by will. If he had no heirs and no will
[intestate], all his chattels would escheat to his lord. Any
distribution of chattels would take place after all the decedent's debts
were paid from the property.
A will required two witnesses. The testator could name an executor, but
if he did not, the next of kin was the executor. A will could not be
made by a man on his death bed because he may well have lost his memory
and reason. Also, he could not give to a younger son if in so doing, he
would deprive his lawful heir. But he could give a marriage gift to a
daughter regardless of the lawful heir.
Usury was receiving back more than what was lent, such as interest on a
loan of money. When a usurer died, all his movables went to the King.
A villein may not buy his own freedom (because all that he has is his
lord's), but may be set free by his lord or by someone else who buys his
freedom for him. He shall also be freed if the lord seduced his wife,
drew his blood, or refused to bail him either in a civil or criminal
action in which he was afterwards cleared. But a freed villein did not
have status to plead in court, even if he had been knighted. If his free
status were tried in court, only a freeman who was a witness to his
being set free could avail himself of trial by combat to decide the
issue. However, if the villein remained peacefully in a privileged town
a year and a day and was received into its guild as a citizen, then he
was freed from villeinage in every way.
A freeman who married a villein lost his freedom. If any parent of a
child was a villein, then the child was also a villein.
All shipwrecked persons shall be treated with kindness and none of
their goods or merchandise shall be taken from them.
If one kills another on a vessel, he shall be fastened to the dead body
and thrown with it into the sea.
If one steals from another on a vessel, he shall be shaven, tarred and
feathered, and turned ashore at the first land.
Passage on the Thames River may not be obstructed by damming up the
river on each side leaving a narrow outlet to net fish. All such weirs
shall be removed.
- Judicial Procedure -
Henry II wanted all freemen to be equally protected by one system of
law and government. So he opened his court, the Royal Court, to all
people of free tenure. A court of five justices professionally expert in
the law, traveled with the King, and on points of difficulty consulted
with him. Justices began to be more than presiding officers; they,
instead of those attending, rendered the judgments. The chief court was
in Westminster, where the weightiest decisions were made. Other
professional itinerant justices appeared periodically in all counties of
the nation to hear certain criminal and civil cases and to hear
citizens' private civil suits [common pleas]. They came to perform many
other tasks, including promulgating and enforcing new legislation,
seeking out encroachments on royal rights, reviewing the local
communities' and officials' performance of their public duties, imposing
penalties for failure to do them or for corruption, gathering
information about outlaws and nonperformance of homage, and assessing
feudal escheats to the crown, wardships to which the king was entitled,
royal advowsons, feudal aids owed to the King, tallages of the
burgesses, and debts owed to the Jews. The decision-making of itinerant
justices on circuits begins the process which makes the custom of the
Royal Court the common law of the nation. The county courts, where the
traveling justices heard all manner of business in the counties, adopted
the doctrines of the Royal Court, which then acquired an appellate
jurisdiction. The itinerant justices came from the same small group of
royal justices who were on the Royal Court and the Exchequer, which was
headed by the justiciar. Difficult cases were decided by the king and
wise men of his council.
Tenants of manors and of escheats in royal hands, who had been excused
from the monthly county court, were required to appear. Side by side
with the reeve and four men of the rural townships appeared the twelve
legal men of each of the chartered boroughs which owed no suit to the
ordinary county court. In the formation of the jury of presentment for
criminal cases, each hundred sent twelve legal men and each township
four to make report to the justices. Women did not serve on juries.
Compurgation was not used; accused persons were sent directly to the
ordeal. In 1194, twelve knights or legal men from each hundred answer
before any itinerant justice for their hundred in all criminal, civil,
and fiscal cases. All who are bound to attend before the itinerant
justices are, in the forest counties, compelled to attend the forest
courts.
The Royal Court was chiefly concerned with 1) the due regulation and
supervision of the conduct of local government, 2) the ownership and
possession of land held by free tenure ("free tenement" was decided by
justices to be one held for life or one held heritably [a fee]), 3) the
repression of serious crime, and 4) the relations between the lay and
the ecclesiastical courts.
The doctrine of tenure applied universally to the land law formed the
basis for judicial procedure in determining land rights. Those who held
lands "in fee" from the king in turn subinfeudated their land to men of
lesser rank. The concept of tenure covered the earl, the knight
(knight's service), the church (frank-almoin [free alms]), the tenant
who performed labor services, and the tenant who paid a rent (socage).
Other tenures were: serjeanty [providing an implement of war or
performing a nonmilitary office] and burgage. All hold the land of some
lord and ultimately of the King.