[Footnote 120: This document is defective, and at the best its bucolic
English is hard to interpret.]
5. LEASE OF A MANOR TO THE TENANTS [_Cart. Rams._ II, 244], 1279.
To all Christ's faithful who shall see or hear the present writing,
William, by the grace of God Abbot of Ramsey, greeting in the Lord.
Know ye that we have demised at farm to our men of Hemingford our manor
of Hemingford from Michaelmas in the eighth year of the reign of King
Edward, son of King Henry, at the beginning of the ninth, until the end
of seven years next following, for 40l. sterling to be paid to us
therefrom yearly at the four terms, to wit, at Michaelmas 10l., on St.
Andrew's Day[121] 10l., at the Annunciation[122] 10l. and at Midsummer
10l.
Our aforesaid men shall hold the aforesaid manor with all its
appurtenances, except the gift of the church when it fall vacant, and
our fishery, and the mill, which we have kept in our hand.
Also they shall have all profits of the town except our tallages,
sheriff's aid, hundred aid, "wardpenys," and scutage of the lord the
King, and except the issues of causes which cannot be determined without
us or our bailiffs, of the issue whereof they shall have a moiety, and
except view of frankpledge[123] and the Maunde acre and the acres of the
reeve of Ramsey.
And be it known that if any customary tenant die without heir of his
body, we will demise his land and his messuage to whomsoever we will and
keep in our hand the gersum[124] arising thence.
Also no customary tenant shall make fine for relieving or marrying his
daughters without our presence, but their gersums shall be made before
us in the presence of the reeves or any of the farmers, who shall have
and collect the said money towards their farm.
Nor may the said farmers demise house or land to any stranger or one of
another's homage, without our special licence.
For we will that such gersums beyond the fixed farm be entirely paid to
us.
Moreover the said farmers have received the following stock:--
The corn grange full of corn on either side the door by the door posts
and by the beams beyond the door, and so sloping to the roof of the
granary.
They have received also the oat barn full of oats by the east door post.
The breadth of the grange was 28 feet within, the length 39 feet, and
the east end of the grange is round; the height in the middle is 19
feet; and at the side from the door to the curve of the round end the
length of the wall is 30 feet, the height 5-1/2 feet.
They have received also a heap of barley 36 feet in length, 11 feet in
breadth, 11 feet in height, and 18 feet in breadth in the middle.
Moreover they shall be quit of a serjeant[125] in autumn every year
except in the last year, in which they shall have a serjeant, by whose
view, according to the custom of the abbey, the stock shall be made up.
They shall also be quit of our yearly lodging due, except that as often
as we shall come there they shall find for us salt, straw and hay
without an account.
And at the end of the seven years they shall render to us the aforesaid
manor with the stock with which they received it.
Also they shall give back the land well ploughed twice.
And be it known that the fruits which were then in the barn ought to be
counted for the first year, because they were of our stock.
In witness of which demise of the land and the manor we have caused our
seal to be set to this present writing.[126]
[Footnote 121: November 30.]
[Footnote 122: March 25.]
[Footnote 123: In law every man was forced to be in frankpledge, that
is, to be one of a group, each member of which was responsible for the
others' good behaviour. The 'view' was a half yearly survey of such
groups, at which offences were presented and punished.]
[Footnote 124: Fine.]
[Footnote 125: _i.e._ Free from the inspection and audit of the lord's
officer.]
[Footnote 126: This document is of great interest as an instance of an
early stock-and-land lease.]
6. GRANT OF A MANOR BY A LORD TO THE CUSTOMARY TENANTS AT FEE FARM
[_Patent Roll, 6 Edward III, p. 2, m. 27_], _ante_ 1272.
The King to all to whom, etc., greeting. We have inspected a writing
which Richard, sometime earl of Cornwall, made to his customary tenants
of his manor of Corsham in these words:--
To all to whom the present writing shall come, Richard, earl of
Cornwall, greeting. Know all of you that we have demised and granted and
by our present writing confirmed for us and our heirs to all our
customary tenants of our manor of Corsham all our manor of Corsham, with
the rents, demesnes, meadows, feedings and pastures to the said manor
pertaining, saving to us a third part of the meadow of Myntemede, which
third part the said customary tenants shall mow, carry and cock at their
own costs, saving also to us the site of our fishpond, our parks, our
warren, pleas, perquisites and all escheats which can escheat to us or
our successors; to have and to hold to the said customary tenants and
their successors of us and of our heirs for ever, for 110 marks to us
and our heirs or assigns yearly to be paid to our bailiff in the said
manor at two terms of the year, to wit, on the octave of Easter 55 marks
and on the octave of Michaelmas 55 marks, for all services and demands
to us or to our heirs or assigns belonging, saving to us all the things
aforenamed. And we will that our said customary tenants for ever be quit
of tallage and view of frankpledge and all other customs and services to
us or to our heirs pertaining. Our aforesaid customary tenants, however,
have granted for them and their successors that, if they keep not this
covenant according to the form of the present writing, all their
tenements which they hold of us shall revert to us and our heirs without
any contradiction, if it be through them that the form of this writing
be not kept. We will also and we grant that if any of our said customary
tenants of our said manor of Corsham be rebellious, contravening the
form of this writing, our bailiff for the time being shall have power to
distrain him by lands and chattels to observe more fully all the things
abovesaid according to the tenour of this writing. And in witness
thereof we have caused our seal to be set to this writing. These
witnesses:--Sir Richard de Turry, Sir Sampson de la Bokxe, Sir Henry
Crok, Sir Philip de Eya, Walter Galun, then bailiff, Martin de Hortham,
Sir Gilbert, then prior of Corsham, Richard de Cumberwell, Ralph, then
vicar of Corsham, and others.[127]
And we, ratifying and approving the demise, grant and confirmation
aforesaid, grant and confirm them for us and our heirs, as far as in us
lies, to the aforesaid customary tenants and their successors, as the
writing aforesaid reasonably testifies, and as they now hold the manor
aforesaid with the appurtenances, and they and their ancestors and
predecessors have held that manor hitherto, and have reasonably used and
enjoyed the liberties aforesaid, saving to us a third part of the said
meadow of Myntemede and the site of the fishpond, the parks, warren,
pleas, perquisites and all escheats abovesaid, as is aforesaid. In
witness whereof, etc. Witness the King at Woodstock, 1 July. By a fine
of 5 marks. Wilts.
[Footnote 127: The date of the original deed must be earlier than 1272,
in which year the earl died.]
7. LEASE OF MANORIAL HOLDINGS [_Fine Roll, 10 Edward III, m. 7_], 1332.
The King to all to whom, etc., greeting. We have inspected a writing
which John late earl of Cornwall, our brother, now deceased, made in
these words:
John, son of the illustrious King of England, earl of Cornwall, to all
and singular who shall see or hear the present writing indented,
greeting in the Lord. Know ye that, having regard to the no small
decrease and decay of rents and farms pertaining to our manor of Kirton
in Lindsey in times past, for that tenants of escheated tenements in the
same manor, having no estate of the same tenements save from year to
year or at least at the will of the lords, our predecessors there, have
made no outlay or the least which they could on the maintenance of the
buildings on the same tenements; and wishing to raise again the
aforesaid rents and farms as much as we can for our advantage; we have
granted for us and our heirs and by our present writing have demised to
John of Westminster and Emma his wife and Thomas, son of the same John
and Emma, those two parts of all those tenements with the appurtenances
in the town of Kirton aforesaid which the same John before the making of
this writing held of us during our pleasure, as of an escheat formerly
in our hand of the tenements which were sometime of Thomas of Bromholm;
to have and to hold to the same John and Emma his wife and Thomas, son
of the same John and Emma, and each of them that lives the longer, for
their whole life, of us and our heirs, rendering therefrom yearly to us
and our heirs 100s. sterling at the feasts of Easter and Michaelmas by
equal portions; and we, the aforesaid earl, and our heirs will warrant
the aforesaid two parts of the tenements aforesaid with their
appurtenances to the aforesaid John and Emma his wife and Thomas, son of
the same John and Emma, for their whole life, as is aforesaid, against
all people for the aforesaid rent. In witness whereof we have thought
fit to set our seal to this writing. These witnesses:--Sirs John de
Haustede, Thomas de Westone and William de Cusancia, knights, Sir
William de Cusancia, rector of the church of Wakefield, our treasurer,
and William de Munden, our clerk and secretary, and others. Given at
York on Tuesday next after the feast of All Saints in the 6th year of
the reign of King Edward the Third after the Conquest, our dearest
brother.
And we, ratifying and approving the demise aforesaid, grant and confirm
it for us and our heirs, as much as in us lies, as the writing aforesaid
reasonably testifies, willing and granting for us and our heirs that the
same John, Emma and Thomas have and hold the tenements aforesaid with
the appurtenances for the whole life of each of them by the aforesaid
service of rendering to us and our heirs yearly the said 100s. according
to the tenour of the writing of the same earl abovesaid. In witness
whereof etc. Witness the King at Leicester, 1 October.
By the King himself.
8. AN AGREEMENT BETWEEN LORD AND TENANTS [_Duchy of Lancaster, Misc.
Bks., 5, f. 103_], 1386.
_Warkington._--At the view of frankpledge holden there on 20 October, 10
Richard II., it was granted to all the lord's tenants in the presence of
John Mulso, Nicholas Lovet, Edmund Bifeld, Stephen Walker of Keteryng
and others there present, that if it pleased the lord they might hold
certain bond lands and tenements at a certain rent and service, as
follows, during a term of six years next after the date abovewritten,
the term beginning at Michaelmas last past; to wit, that each tenant of
a messuage and a virgate of bond land shall render to the lord 18s.
yearly at four terms, to wit, at the feasts of St. Edmund the King and
Martyr,[128] Palm Sunday, the Nativity of St. John the Baptist,[129] and
Michaelmas, by equal portions, and shall do two ploughings a year at
what times of the year he shall be forewarned by the bailiff of the
manor for the time being, and shall work in "le Keormede" as he used
before, save that the lord shall find him food and drink for the ancient
customs, that is, for half a sheep and for each scythe 1/2d., and so he
shall reap in Autumn for two days, to wit, one day with two men and
another day with one man, at the lord's dinner[130]; he shall give 4d.
for a colt if he sell it, he shall pay heriot if he die within the term,
and he shall make fine for marrying his daughters and for his sons
attending school, and for "leyre-wite" as he used before.[131]
[Footnote 128: November 20.]
[Footnote 129: June 24.]
[Footnote 130: _i.e._ The lord providing dinner.]
[Footnote 131: The lord here is the Abbot of Bury St. Edmunds.]
9. COMPLAINTS AGAINST A REEVE [_Court Rolls_, 179, 4, _m._ 1d.],
1278.[132]
_Elton._--St. Clement's Day.[133] Michael the Reeve complains of Richer
son of Jocelin and Richard the Reeve and his wife that when he was in
the churchyard of Elton on the Sunday next before the feast of All
Saints[134] in this year, there came the aforesaid Richer, Richard and
his wife and insulted him with vile words before the whole parish,
charging him with having collected his own hay by the labour services
due to the lord the Abbot [of Ramsey], and with having reaped his own
corn in autumn by the boon-works done by the Abbot's customary tenants,
and with having ploughed his land in Everesholmfeld with ploughs
"booned" from the town, and with having released to the customary
tenants their works and carryings on condition that they demised and
leased their lands to him at a low price, and with having taken gifts
from the rich tenants that they should not become tenants at a money
rent, and with having put the poor tenants at a money rent.[135] And the
aforesaid Richard and Richer are present and deny, etc. and ask for an
enquiry by twelve jurors. Who come and say that the said Michael is
guilty of none of the charges. Therefore the said Richard and Richer
shall satisfy him, and for the trespass shall be in mercy; Richard's
fine, 2s., pledge William son of James; Richer's fine, 12d., pledge,
Jocelin. And the damages are taxed at 10s. to be received from Richard
the Reeve, which sum Michael has released except 2s.
[Footnote 132: Printed in Selden Society Publications, II., 95.]
[Footnote 133: November 23.]
[Footnote 134: November 1.]
[Footnote 135: The commutation of services for rent was not always
popular.]
10. AN EVICTION FROM COPYHOLD LAND [_Chancery Proceedings, Early_, 16,
376], _temp._ Henry IV-Henry VI.
To the most reverend father in God, the Archbishop of Canterbury,
Chancellor of England.
Beseecheth lowly your poor bedefolks, Elizabeth Baroun, Harry Baroun and
Richard Baroun, which be the King's tenants, that whereas the said
Elizabeth was possessed and seised of a messuage and 4 acres of land in
the town of Great Hormead in the shire of Hertford, and the said
messuage and land held to her and to her heirs at the will of my lord of
Oxford as of his manor of Hormead in the same shire by copy of court
roll after the custom of the said manor, there hath one Harry Edmond,
farmer of the said manor, without cause reasonable and contrary to the
custom of the said manor, entered in the said messuage and land and put
out the said Elizabeth, and certain goods and chattels of the said
Elizabeth, Harry and Richard, to the value of 40 marks in the said house
being, seized, and it withholdeth, and over that the said Harry Edmond
with his adherents daily lie in wait to beat and slay the said Harry and
Richard, your beseechers, so that they dare not well abide in their
houses neither go about their husbandry, to their uttermost destruction
and undoing for ever, without succour of your gracious lordship: Please
your good grace to consider the premises and that your said beseechers
have no remedy at the Common Law, to grant a writ directed to the said
Harry Edmond, commanding him to appear before you at a certain day upon
a certain pain by you to be limited, to be examined of the premises, and
thereupon to do that good faith and conscience require, and that for the
love of God and in way of charity.
* * * * *
This is the answer of Harry Edmond to the bill of Elizabeth Baron, Harry
Baron and Richard Baron, in the Chancery.
First, whereas it is surmised by the said Elizabeth that she was
possessed and seised of a messuage and four acres of land in the town of
Great Hormead in the shire of Hertford, and the said messuage and land
held to her and to her heirs at the will of my lord of Oxford as of his
manor of Hormead in the same shire by copy of court roll after the
custom of the said manor, and that the said Harry Edmond, farmer of the
same manor, without cause reasonable and contrary to the custom of the
said manor, entered into the said messuage and land and put out the said
Elizabeth: The said Harry saith that the said messuage and land be
holden of my said lord of Oxford bondly at the will of my said lord as
of his said manor by the services of three shillings and halfpenny of
yearly rent and by a certain service called the common fine, as it
falleth more or less after the entries and ... of the tenants of the
said manor by the custom of the said manor, by cause whereof the said
Harry with one Thomas Denys, under-steward of the court of the said
manor, by the commandment of my said lord of Oxford entered into the
said messuage and land, after which entry my said lord let the said
messuage and land to the said Harry for term of years, by virtue of
which lease he [entered] the said messuage and land, as lawful is for
him, which matter the said Harry is ready to prove as this Court will
[award], and prayeth as for that to be dismissed out of this Court.
[And as for t]he seizing and withholding of certain goods and chattels
of the said Elizabeth, Harry Baron and Richard, to the value of [40
marks, as is sur]mised by the said bill, the said Harry Edmond saith
that the seizing and withholding of the said goods and chattels is a
matter determinable at the Common Law, and not in this Court of the
Chancery. Wherefore as for that he prayeth to be dismissed out of this
Court.
And as for the declaration of the said Harry as for the said goods and
chattels, the said Harry saith that he never seized nor withheld the
said goods and chattels neither no parcel thereof, as it is surmised by
the said bill, which matter the said Harry Edmond is ready to prove as
the Court will award, if the Court rule him thereto.
And as for the lying in await surmised by the said bill the said Harry
Edmond saith that the said lying in await is matter determinable by the
Common Law and not in this Court of the Chancery, wherefore as for that
matter he prayeth to be dismissed out of this Court of the Chancery.
But, for the declaration of the said Harry Edmond in that matter, the
said Harry Edmond saith that he never lay in await neither to beat nor
to slay the said Harry Baron nor the said Richard, as they surmise by
their said bill, which matter the said Harry Edmond is ready to prove as
this Court will award, if the said Court will rule him thereto.[136]
[Footnote 136: This case illustrates first, the protection coming to be
given by Chancery to villein or customary tenure, and second, the
growing desire of lords to substitute leasehold for copyhold, a process
which began at least as early as the beginning of the fourteenth
century; see No. 7 above, and Part II., Section I.; _cf._ also Savine,
in E.H.R. xvii., 296.]
11. STATUTE OF MERTON, C. 4 [_Statutes of the Realm, Vol. I, p. 2_],
1235-6.
Also, because many great men of England, who have enfeoffed their
knights and freeholders of small tenements in their great manors, have
complained that they cannot make their profit of the residue of their
manors, as of wastes, woods, and pastures, though the same feoffees have
sufficient pasture, as much as belongs to their tenements: it is thus
provided and granted, that when any persons so enfeoffed bring an
assize of novel disseisin touching their common of pasture, and it is
acknowledged before the justices that they have as much pasture as
suffices for their tenements, and that they have free entry and issue
from their tenements into their pasture, then they shall be content
therewith; and they of whom they had complained shall go quit of the
profit which they have made of the lands, wastes, woods, and pastures;
and if they allege that they have not sufficient pasture, or sufficient
entry and issue as belongs to their tenements, then the truth shall be
inquired by assize; and if it be acknowledged by the assize that their
entry or issue is in any way hindered by the same [deforcers] or that
they have not sufficient pasture and sufficient entry and issue, as is
aforesaid, then shall they recover their seisin by view of the jurors:
so that by their discretion and oath, the plaintiffs shall have
sufficient pasture and sufficient entry and issue in form aforesaid, and
the disseisors shall be in the mercy of the lord the King, and shall
yield damages, as they ought to have rendered before this provision. And
if it be acknowledged by the assize that the plaintiffs have sufficient
pasture with free and sufficient entry and issue, as is aforesaid, then
the others may make their profit lawfully of the residue, and go quit of
that assize.
12. AN ENCLOSURE ALLOWED [_Bracton's Note-Book_, III, 212, _No._ 1198],
1236-7.
The assize comes to recognise if Elias of Leyburn unjustly etc.
disseised Wymar of Leyburn of common of his pasture pertaining to his
free tenement in the same town of Leyburn after, etc.[137]
And Elias comes and says that an assize ought not to be made thereof
because that pasture belonged to five lords, and a covenant was made
between the lords that each should make his profit of his part, and by
this covenant he caused his part to be tilled, and thereof he put
himself on a jury.
The jurors say that the wood was at one time common, in such wise that
there were five sharers who had the wood common, and afterwards by their
consent a partition was made between them that each should have his part
in severalty, and it was granted that each might assart[138] his part
and grow corn, saving however to each of them common of herbage after
the corn was carried, and most of them assarted their part, but the wood
whereof complaint is made was not then assarted, and because he to whom
the wood pertains has now assarted a part, the said Wymar has brought a
writ of _novel disseisin_. But because it is acknowledged that the wood
was thus partitioned among the sharers, it is decided that the aforesaid
Elias has not disseised him, and so Elias is dismissed _sine die_ and
Wymar is in mercy. And it shall be lawful for each sharer to assart his
wood, saving to each of them common of his pasture after the corn and
hay is carried.
[Footnote 137: _sc._ The King's last return from Brittany.]
[Footnote 138: Bring into cultivation.]
13. AN ENCLOSURE DISALLOWED [_Bracton's Note-Book_, III, 211, _No._
1196], 1236-7
The assize comes to recognise if Robert de Fislake unjustly etc. raised
a dyke in Woodhouse to the injury of the free tenement of Adam de
Bladewrthe in the same town after etc.[139] Whereon Adam complains that
Robert caused to be enclosed a meadow lying near his land, in which he
ought to have common of herbage after hay-carrying, and that it ought to
lie to pasture every third year with the fallow, wherefore he says that
the dyke is to his injury and puts himself on a jury thereof. And Robert
does the like.
The jurors say that the aforesaid Adam always used to have common in
that meadow and in the land of Robert by that meadow after the corn and
hay were carried, and when the land lay fallow, then in both meadow and
fallow, and Robert caused the meadow to be enclosed so that Adam can
have no entry to that pasture. And so it is awarded that the dyke be
thrown down, and the meadow made as it should be, so that the aforesaid
Adam have entry and issue, and that Robert be in mercy, etc.
[Footnote 139: _sc._ The king's last return from Brittany.]
14. A VILLEIN ON ANCIENT DEMESNE DISMISSED TO HIS LORD'S COURT
[_Bracton's Note-Book_, III, 65. _No._ 1030], 1224.
The assize comes to recognise if Bartholomew son of Eustace unjustly and
without a judgment disseised William son of Henry of his free tenement
in Pilton after the last, etc. And Bartholomew comes and says that the
assize ought not to be made thereof because the said William held the
tenement only in villeinage, and is his villein, and does for him all
customs such as ploughings and others, and says further that he cannot
marry his daughter save by his lord's licence etc.
And William son of Henry comes and says that he is a free man and that
he holds his tenement freely and that at another time he impleaded in
the court of the lord the King as a free man touching the aforesaid
tenement, to wit, touching the services and the like, and thereof he
brings the rolls of Sir Martin de Patteshull to warrant and likewise a
writ which the same Martin wrote with his own hand, which also was sent
to the sheriff of Rutland for the same plea, and the sheriff's clerk has
shown him the writ, etc. A day is given to hear his judgment on such a
day, etc.
On the day the court records at Westminster that the same William in the
time of King John was convicted at Bedford of owing villein customs from
that tenement, such as ploughing, reaping and many others at his own
food, and of being unable to marry his daughter or sister without
licence of his lord. And so it is decided that the assize of _novel
disseisin_ does not lie because the tenement is not free, and so William
is in mercy. And if he will, let him plead in the manor by writ of
right.
15. CLAIM TO BE ON ANCIENT DEMESNE DEFEATED [_Bracton's Note-Book_, III,
250, _No._ 1237], 1237-8.
The men of the Prior and convent of St. Swithin of Crondall, Hurstbourne
and Whitchurch, complained to the lord the King that whereas they had
been granted to the same Prior and convent and their church in pure and
perpetual alms by the ancestors of the lord the King, the Prior and
convent demanded of them other customs and services than they used to do
in the times in which they were in the hands of the aforesaid
predecessors, etc.
And Oliver the Steward and Horder come and say that they demand no other
services than the men used and ought to do, and that the lands were
never in the hands of the ancestors of the lord the King, because two
hundred years before the conquest of England they were given to the
Prior and Convent of St. Swithin and by others than Kings, to wit,
earls and others, etc., and then they owed and used to do whatever was
commanded them. But in process of time, when the priory was well nigh
destroyed by one Abbot Robert,[140] bishop Richard came and for the
profit of the Prior and convent disposed of their lands and manors in
such wise that he caused an inventory to be made of the holdings and of
the names of the tenants and their services, as well tenants in
villeinage as in frank fee, and so that he demanded no other services
than they did then and were then set forth in the inventory. Afterwards
however when the lands were in the hand of farmers at one time and at
one time in the hand of the aforesaid villeins for forty years,[141] the
farmers remitted to them certain services and customs for money. And
when the lands were in the hand of the aforesaid villeins they detained
and withheld the rent to the sum of 60s. and more, and also a great
amount of corn, and withheld a great amount of the lands contrary to the
aforesaid enrolment made by the aforesaid bishop Richard. And because
the aforesaid men acknowledge that they are villeins, as is aforesaid,
and because they cannot deny these things, they are told to do to the
Prior and convent the services and customs which they used to do. And
the lord the King will not meddle with them since they were never in the
hand of him or his ancestors, etc.
[Footnote 140: 1174-1188.]
[Footnote 141: For a similar lease to tenants see No. 5.]
16. THE LITTLE WRIT OF RIGHT [_Court Rolls_, 172, 27], 1390.
Richard by the grace of God King of England and France and Lord of
Ireland to the bailiffs of Anne, Queen of England, our beloved Consort,
of Havering atte Bower, greeting. We command you that without delay and
according to the custom of the manor of Havering atte Bower you do
(_teneatis_) full right to John de Lancastre of Hatfield Broadoak
touching 40s. of rent with the appurtenances in Havering atte Bower, of
which John Organ, citizen and mercer of London, and Margery his wife
deforce him; that we may hear no further complaint thereof for default
of right. Witness myself at Westminster the 30th day of January in the
thirteenth year of our reign.
17. VILLEINAGE ESTABLISHED [_Bracton's Note-Book_, III, 119, _No._
1103], 1225.
A jury comes by consent of the parties [to recognise] whether William
son of Henry and his ancestors held two parts of a bovate of land with
the appurtenances in Pilton in villeinage of the ancestors of
Bartholomew son of Eustace, doing these underwritten customs, to wit,
3s. 4d. a year of farm, and at Christmas 4 hens, and at the summons of
Bartholomew, between Christmas and the Purification, one feast, and
whether in Lent he ought to plough for one day at his own food, and to
harrow for one day at his own food, and on Easter day to give 20 eggs,
and in summer to plough for one day at the dinner of Bartholomew,[142]
to reap for one day at the food of Bartholomew, to wit, twice a day, and
for one day to carry his hay at the food of the same Bartholomew, and in
autumn to do boon-work for Bartholomew, with his whole household except
his wife, and for Bartholomew's loveboon to find a man at his own food,
and in winter to plough for one day at Bartholomew's dinner, and
whether, if he wish to marry his daughter or his sister, he shall make
fine with Bartholomew as best he may; or whether William or his
ancestors have held the land freely, rendering 3s. 4d. a year and doing
foreign service for all service, etc.
The jurors say that the same William and his ancestors used and ought to
do all the aforesaid customs which Bartholomew demands, to wit, from 1
bovate of land with the appurtenances, except that on Christmas day when
he renders hens he ought to eat with Bartholomew on the same day, and
furthermore that they never saw him sell a daughter or sister or give
merchet or marry, but have seen that Bartholomew sold to Ralph Cayllard
John, brother of William by the same father and mother, for 40s., and
the same Ralph did with him his will.
And so it is awarded that William is convicted of villeinage, and if he
will do the aforesaid customs, let him hold the bovate of land by the
same customs, but if not, let Bartholomew do his will with the land and
with William as with his villein, and let him be delivered to him.
[Footnote 142: _i.e._ Bartholomew providing dinner.]
18. FREEDOM AND FREEHOLD ESTABLISHED [_Bracton's Note-Book_, III, 224,
_No._ 1210], 1236-7.
The assize comes to recognise if Thomas de Sumerdeby and many others
disseised Roger Gladewine of his free tenement in Spitelgate after
etc.,[143] whereof he complains that they disseised him of 2-1/2 acres
and a toft.
And Thomas and the others come and say that the same Roger is a villein
and the tenement whereof view is made is villeinage, and thereof they
put themselves on a jury. And Roger says that he is a free man and the
tenement is free, and that his ancestors were free men and held freely,
and thereof he puts himself on a jury.
The jurors say that the aforesaid Roger holds his tenement in the same
town by 2s. a year and by two works in autumn at his lord's food, and he
shall give two hens at Christmas and eat with his lord. And questioned
if he or any of his ancestors had given merchet for marrying his
daughter, they say, No. Questioned if he had ever been tallaged, they
say, No. And the aforesaid Thomas, questioned if others of his fee do
other villein services, he says that others do all manner of villein
services. And because he does no service save the aforesaid money
payment and the services named, nor gives merchet for a daughter, nor is
tallaged, therefore it is awarded that he held freely and that he
recover his seisin, and Thomas and the others are in mercy.
[Footnote 143: _sc_. The King's last return from Brittany.]
19. A VILLEIN PLEADS VILLEINAGE ON ONE OCCASION AND DENIES IT ON ANOTHER
[_Bracton's Note-Book_, III, 364, _No._ 1411], 1220.
Hamelin son of Ralph was attached to answer Hugh de Gundevill wherefore
he brought an assize of _novel disseisin_ against the aforesaid Hugh,
his lord, touching a tenement in Pinpre, inasmuch as he is a villein and
acknowledged himself to be the villein of the aforesaid Hugh's father in
the time of the lord King John, etc. before the justices in eyre at
Sherborne, as the same Hugh says, and thereon shows that Simon de
Patteshull, Eustace de Faucumberge and others their fellows were then
justices. And that Thomas acknowledged himself to be his father's
villein, as is aforesaid, he puts himself on the record of the court and
on the rolls, etc.
And Hamelin comes and denies that he is a villein or ever acknowledged
himself to be a villein in the court of the lord the King, as Hugh says,
and thereof puts himself in like manner on the record of the court. But
he will speak the truth. He says that at that time, to wit, in the eyre
of the justices, he held certain land in villeinage which he had bought,
and then acknowledged that the land was villeinage, and specifically
denies that he ever acknowledged himself to be a villein. The rolls of
the eyre are searched, and there it is recorded that one Osbert Crede
brought an assize of _mort d'ancestor_ in respect of the death of Henry
his brother against Hamelin touching a carucate of land with the
appurtenances in Pinpre, in such wise that Hamelin answered against the
assize that it ought not to proceed because he could not gain or lose
that land, because he was the villein of Hugh de Gundevill, father of
the aforesaid Hugh. And this was found in many rolls, and when Hamelin
should have had his judgment, he absented himself and withdrew without
licence, whereupon the sheriff was ordered to have his body on such a
day, etc., to hear his judgment thereof, etc. And on that day he came
not, and the sheriff reported that he had withdrawn himself and could
not be found, wherefore the sheriff was ordered to take the whole of
Hamelin's land into the hand of the lord the King, and to keep it
safely, etc., because Hamelin withdrew himself and would not stand to
right touching Hugh's complaint of him, and to certify the justices of
what he should do thereof on such a day etc. On that day Hamelin came
not and the sheriff reported that he had taken his land into the hand of
the lord the King.
And because the court records that Hamelin acknowledged himself to be a
villein, and Hugh afterwards by the aforesaid assize of _novel
disseisin_ lost his land, it is decided that Hugh recover seisin of that
land whereon the assize was taken, and that he have Hamelin as his
villein convicted, and that the assize of _novel disseisin_ which was
taken thereof be held void, and that Hugh be quit of the mercy wherein
he was put for that disseisin. And the sheriff is ordered to make
diligent enquiry who were the jurors of that assize and to have them on
such a day, etc., to hear the judgment on them for the oath which they
made thereof. And if Hamelin held any tenement of Hugh, let Hugh do
therewith as with his own, etc.
20. AN ASSIZE ALLOWED TO A VILLEIN [_Bracton's Note-Book_, III, 527,
_No._ 1681], 1225.
The justices in eyre in the county of Essex were ordered to take a grand
assize between Thomas of Woodford, claimant, and John de la Hille,
tenant, of a virgate and a half of land with the appurtenances in
Woodford. And the said John and Thomas came before the justices at
Chelmsford and offered themselves, and the bailiff of the Abbot of
Waltham came and said both claimant and tenant were villeins, and the
tenement was the Abbot's villeinage and therefore the assize thereof
ought not to proceed. He was questioned by the tenant whether the latter
was a villein or not, and he said Yes, asserting that the said tenement
was the Abbot's villeinage.
And Thomas comes [and says] that this ought not to hurt him, because
when he impleaded the aforesaid John in the court of the lord Abbot by
writ of the lord the King, no mention was made by the Abbot nor by John
that the tenement was villeinage nor that John was a villein, but
because the Abbot failed to do him right in his court, Thomas went to
the county court and complained in the county court that the lord Abbot
had failed to do him right in his court, and the Abbot, summoned hereon,
came not, and the suit proceeded so far in the county court that the
tenant asked and obtained view of the land. Afterwards he put himself on
a grand assize as to which of the two had greater right in the aforesaid
land without any challenge of villeinage being made on the part of the
Abbot or of John. And this he sought to be allowed him.
And the Abbot's bailiff comes and denies the whole, as the court of the
lord the King should award. And he said that unknown to the Abbot and
without his court failing to do Thomas right, the suit was taken away to
the county court, and this he asked to be allowed him. And owing to the
doubt a day was given to the parties at Westminster, etc. And because
the Abbot permitted John to be impleaded in his court first and in the
county court afterwards until he put himself on a grand assize, the
Abbot not having lodged the claim which he should have made, it is
awarded that the assize proceed.
21. A FREEMAN HOLDING IN VILLEINAGE [_Bracton's Note-Book_, II, 233,
_No._ 281], 1228.
William de Bissopestun, William de Ludington and Geoffrey de
Cherlescote, knights, whom the lord the King appointed as justices to
take an assize of _novel disseisin_ which Thomas son of Adam arraigned
against Ralph, Prior of Stiffleppe, and many others, of a tenement in
Aldrestun, [were summoned] to make a record of that assize before the
justices at Westminster, and to certify the same justices how far the
process in the same assize was carried, and the same Thomas was summoned
to hear that record. And William and Geoffrey come and record that the
assize came to recognise before them if the aforesaid Prior and Thomas
son of Payn and Gilbert son of Henry [and] Osmar le Bracur unjustly and
without a judgment and after the last, etc., disseised the aforesaid
Thomas son of Adam of his free tenement in Aldredestun. And the Prior
came before them, and, being asked if he wished to say anything against
the assize, said that the assize ought not to be made thereof, because
the same tenement was his villeinage, and the same Thomas was his
villein and owed villein customs as did all others of the aforesaid
manor, such as ploughings and reapings, and he could not marry his
daughter as a freeman could.
And Thomas acknowledged that he owed certain customs at the Prior's
food, and that he owed him a rent and a fixed fine for his daughter, and
said that he was a free man and held freely of the Prior, and thereof
put himself on a jury. And hereon a jury was taken and the jurors said
that they (the aforesaid Prior and others) disseised him of his free
tenement, and after the term,[144] and the damage was taxed and
estimated at two marks.
And the Prior says that in part their record is correct, but they say
too little, because the jurors said that Thomas ought to give 12d. for
marrying his daughter, and owed many other customs; and he and his
fellows sought respite that they might have the opinion of Sir Robert de
Lexinton whether this was a free tenement from which they know what the
tenant ought to do and what not; and they could have no respite.
And the justices deny all this, and say that the jurors said nothing of
the 12d.[145] And so it was awarded that the justices made a right
judgment, and so they are quit thereof; and let the Prior be in mercy,
and proceed further against Thomas if he will.[146]
[Footnote 144: _i.e._ And after the king's last return from Brittany.]
[Footnote 145: 2d. in the text.]
[Footnote 146: On this case Bracton's comment runs: "Note the exception
opposed that the complainant was a villein because he did villein
services and customs, but fixed, and knew well what and how much.
Answer, that though he did villein customs, he was free as to his body.
And he did fixed customs and services, a thing which a villein holding
villeinage cannot do."]
22. LAND HELD BY CHARTER RECOVERED FROM THE LORD [_Bracton's Note-Book_,
III, 622, _No._ 1814], 1227.
The assize comes to recognise if William de Sufford and Reynold de
Sufford unjustly etc. disseised William the Tailor of his free tenement
in Lodenes after the last, etc. And William comes and grants the assize,
and Reynold comes not, and it is not known who he is, etc.
The jurors say that the father of the aforesaid William the Tailor was a
villein of Roger, father of the aforesaid William de Sufford, and he
held of him in villeinage all his life, and after his death Roger came
and gave to William the Tailor a messuage and an acre and a rood of land
to hold freely for a mark which William the Tailor gave to him, so that
he should hold the land for 8d. a year and for foreign service, and so
William the Tailor held the land and messuage the whole of Roger's life,
and after his decease William the Tailor came to the aforesaid William
de Sufford and to his mother and gave them 5s. to hold the land as he
held it before, and so held it until William de Sufford unjustly
disseised him. And so it is awarded that William the Tailor recover his
seisin, etc.[147]
[Footnote 147: On this case Bracton's comment runs: "Note that a
villein's son recovered by assize of novel disseisin land which his
father held in villeinage, because the villein's lord gave it to the son
by charter, even without manumission."]
23. THE MANUMISSION OF A VILLEIN [_Ancient Deeds_, A 10279], 1334.
Be it manifest to all by these presents that we, brother Robert, Abbot
of Stoneleigh, and the convent of the same place, have granted for us
and our successors that Geoffrey son of the late William Austyn of
Wottonhull be free of his body with all his brood and his chattels
hereafter for ever; so that neither we nor our successors shall be able
to demand or claim anything in him or his brood or his chattels, but by
these presents we are wholly excluded. In witness whereof we have put
our seal to these presents. Given at Stonle on Monday next after the
feast of the Purification of the Blessed Virgin Mary[148] in the eighth
year of the reign of King Edward the third after the conquest.
[Footnote 148: Monday after February 2.]
24. GRANT OF A BONDMAN [_Duchy of Lancaster, Misc. Bks., 8, f._ 81 d.],
1358.
To all who shall see or hear this writing, Geoffrey, by divine
permission Abbot of Selby, and the Convent of the same place, greeting
in the Lord. Know ye that we, with the unanimous consent of out chapter,
have given, granted and by this our present charter confirmed to John de
Petreburgh John son of William de Stormesworth, our bondman, with all
his brood and all his chattels, so that the aforesaid John with all his
brood and all his chattels, as is aforesaid, remain henceforth for ever,
in respect of us and our successors, free, at large, and quit of all
bond of serfdom, so that neither we nor our successors nor any man in
our name shall be able henceforth to demand, claim or have any right or
claim or any action in the aforesaid John, his brood or his chattels, by
reason of serfdom, villeinage or bondage. In witness whereof our common
seal is appended to these presents. Given at Selby in our chapter-house
on the 10th day of the month of June, A.D. 1358.
25. IMPRISONMENT OF A GENTLEMAN CLAIMED AS A BONDMAN [_Patent Roll, 25
Henry VI, p. 2, m. 9_], 1447.
The King to all to whom, etc., greeting. Know ye that whereas Humphrey,
late duke of Gloucester, lately seised of the manor of Bowcombe in the
Isle of Wight in the county of Southampton in his demesne as of fee or
at least fee tail, lately, upon undue information given to him, claiming
one John Whithorne of the county of Wiltshire, gentleman, to be his
bondman belonging to him as it were to the manor aforesaid, caused the
same John to be taken by his ministers and servants, and all the lands
and tenements of the same John, to wit, 60 messuages, 6 tofts, one
dovecote, 600 acres of land, 30 acres of meadow, 6 acres of pasture and
6s. 8d. of rent with the appurtenances in the city of Salisbury,
Fisherton Anger, Middle Winterslow and West Winterslow, Woodmanton,
Burchalk, Bulbridge, Ugford St. James, Wilton, Foulston, Barford St.
Martin, Fonthill Gifford, Sharnton, Ashton Gifford, Babeton, Deptford,
Wily, Alderbury and Avon, in the said county of Wilts, to be seized into
his hands, and certain goods and chattels of the same John being at
Wilton in the said county of Wilts likewise to be taken into his hands,
and the same John to be brought to the same late duke's castle of
Pembroke in Wales, where the same late duke imprisoned the same John and
detained him there in prisons so dire, in a dungeon so obscure and dark,
in such great hunger, misery of life, deprivation of food and clothes,
and imposition on the same John of imprisonment, duress and divers other
hardships and miseries, putting aside and abandoning all pity, for seven
years and more, that the same John by occasion thereof has totally lost
the sight of his eyes, miserably incurring bodily blindness for the term
of his life and other incurable infirmities, as we have learned; which
messuages, tofts, dovecote, land, meadow, pasture and rent, by and after
the death of the aforesaid late duke, have descended to us as kinsman
and heir of the same late duke: And now we, being credibly informed upon
the truth of the matter in this behalf, have learned from trustworthy
testimony that the aforesaid John has always been and is a freeman and
of free condition, never infected with the taint of villeinage, and that
all the premises, done and brought upon him so enormously and
opprobriously as well in his person as in his tenements and goods and
chattels aforesaid, as is aforesaid, were done and perpetrated unduly
and unjustly of great malice and insatiable avarice against all
conscience: We, duly weighing all and singular the premises, and wishing
due reformation of such and so great damages, oppressions, injuries and
grievances, to be made and had, as far as in us lies, of our especial
grace and of our certain knowledge and mere motion and in true execution
and due completion of justice, by the tenour of these presents have
deemed fit to remove and in fact by these presents we have removed our
hands from the messuages, tofts, dovecote, land, meadow, pasture and
rent aforesaid, with the appurtenances and with knights' fees, advowsons
of churches and other ecclesiastical benefices whatsoever, franchises,
liberties and all other things pertaining or belonging to the same, and
by these presents have restored the same John to and into those
messuages ... and by these presents we give and grant the same ... with
all and all manner of issues ... from the time of the death of the said
late duke forthcoming or received, to have and hold those messuages ...
to him, his heirs and assigns, of the chief lords of that fee by the
services therefrom due and accustomed for ever, as freely, well,
entirely, peaceably and quietly as the same John had held or occupied
the messuages ... before the seisin aforesaid made by the aforesaid late
duke or his servants or ministers.... In witness whereof, etc., Witness
the King at Westminster, 16 July.
By the King himself and of the date aforesaid by authority of
Parliament.
26. CLAIM TO A VILLEIN [_Early Chancery Proceedings_, 16, 436], _temp._
Henry IV-Henry VI.
To the most reverend father in God, the archbishop of Canterbury, and
chancellor of England.
Beseecheth meekly your poor bedeman, John Bishop, that where he late was
in his house at Hamble-en-le-Rice in the county of Southampton the 12th
day of March last past in God's peace and the King's, there came John
Wayte, Richard Newport and John Newport with thirteen other persons in
their company arrayed in manner of war, and in full riotous wise in
forcible manner there and then entered the house of your said beseecher
about midnight, and him lying in his bed took, seized and imprisoned,
and his purse with 25s. of money therein and the keys of his coffers
from him took and the same coffers opened and 28l. of his money, 2
standing cups of silver gilt, 7 flat pieces of silver, 2 masers, 6
girdles and a baselard harnessed with silver, of the goods and chattels
of William Poleyn of the value of 40l. there being in the keeping of
your said beseecher, and 5 pieces of kerseys and the stuff of household
of your said beseecher to the value of 30l. there found, took and bare
away, and him from thence the same night to Sydyngworth led and in
horrible strait prison kept by the space of two days, and from thence
him carried to a place called Spereshot's place in the same [town] and
him there in full strait grievous prison in stocks kept still by the
space of five days and other full great wrongs to him did against the
peace of the King our sovereign lord to the utter destruction of the
body of your said beseecher, which is not of power to sue his remedy by
the common law, and importable loss of his goods but if more sooner
remedy be had for him in this behalf. Please it your gracious lordship
to grant several writs to be directed to the said John Wayte, Richard
Newport and John Newport, commanding them to appear before you at a
certain day by you to be limited to be examined of these premises and to
do and receive what good faith and conscience will in this behalf, and
that they moreover by your discretion be compelled to find sufficient
surety to keep the King's peace against your said beseecher and against
all the King's liege people, at the reverence of God and in the way of
charity.
Pledges to prosecute {William Poleyn.
{John Grene.
This is the answer of John Wayte to a bill put against him by John
Bishop before the King in his Chancery.
The said John Wayte saith by protestation that the said John Bishop is
his villein regardant to his manor of Lee in the county of Southampton,
and he and his ancestors and all those whose estate John Wayte hath in
the same manor have been seised of the said John Bishop and of his
ancestors as villeins regardant to the said manor from the time that no
mind is, and saving to the said John Wayte and his heirs all manner
advantage to seize and claim the same John Bishop and his heirs and
their blood, all their lands and tenements, goods and chattels, and all
manner other advantage and objections of bondage of and against the said
John Bishop and his blood hereafter, by protestation that the said John
Wayte is not guilty of no matter contained in the said bill like as by
the same bill it is supposed for plea, saith, inasmuch as all the
matters of complaint contained in the said bill be matters determinable
by the common law of this land in other courts of our sovereign lord the
King, and not in this court, asketh judgment and prayeth to be dismissed
out of this court after the form of the Statute.
This is the replication of John Bishop unto the answer of John Wayte.
The said John Bishop saith that he is a free man born and of free
condition and not bondman of the said John Wayte, and that all the
ancestors of the same John Bishop from the time that no mind is have
been free men and of free condition, born within the parish of Corfe in
the county of Dorset and not within the manor of Lee in the county of
Southampton, as by divers true inquisitions hereof taken before certain
commissioners by virtue of the king's commission to them directed it
plainly appeareth, which commissions and inquisitions remaineth in this
place of record; and he saith moreover that the said John Wayte
wrongfully by great force hath taken from him his goods and chattels and
him grievously imprisoned in the manner and form declared in his bill,
and him put to such cost, loss of his good, let of his labour and
business, and other great troubles and vexations, that he is so poor and
brought to so great misery that he is not of power to sue against the
said John Wayte for remedy of the said wrongs by course of the common
law of this land. Wherefore, inasmuch as he withsaith not the matter
contained in the said bill of complaint of the said John Bishop, he
prayeth that the said John Wayte may be compelled by the rule and
discretion of this court to restore him of his said goods and to give
him sufficient damages and amends for the said trespass to him done.
27. THE EFFECT OF THE BLACK DEATH [_Duchy of Lancaster, Misc. Bks. 8, f.
57d._], 1350.
_Proxy for Parliament._--To his most excellent Prince and Lord, the most
reverend Lord Edward, by the grace of God illustrious King of England
and France and Lord of Ireland, his most humble chaplain, Geoffrey,
Abbot of the Monastery of Selby, in the diocese of York, submission and
reverence, with the bond of instant prayer to God. Since we are occupied
beyond our strength in supporting the charges incumbent on our
monastery, as well because our discreeter and stronger brethren, on whom
rested the governance of our house, have gone the way of all flesh
through the pestilence, as because our house both in decay of rents and
in lack of corn and other victuals is suffering undue disaster, and also
being hindered by other unavoidable obstacles, we are unable to be
present in person in the instant Parliament to be held on the octave of
the Purification of the Blessed Virgin Mary next coming, we make and
appoint by these presents our beloved in Christ Sir Thomas de Brayton,
clerk, and Hilary de Useflete, and each of them singly, our true and
lawful proctors to appear for us in your said Parliament on the said day
and place with the continuation and prorogation of the days following;
giving and granting to the same and to each of them special command in
our name to treat with you and with the rest of the prelates, magnates
and chiefs of the said realm, being in the same Parliament, on the
arduous and urgent affairs touching you and the estate and good
governance of your realm of England and other your lands and lordships,
which shall be there treated in common, and to consent to the measures
which by God's favour shall be ordained then and there by the common
council, and also to do and further all and singular other measures
which we could have done in the said Parliament, if we had been present
there in person; intending to ratify and approve whatsoever our said
proctors or any one of them shall deem fit to be done in the premises in
our name. In witness whereof our seal is affixed to these presents.
Dated, etc.
28. ACCOUNTS OF THE IRON-WORKS OF SOUTH FRITH BEFORE AND AFTER THE BLACK
DEATH [_Ministers' Accounts_, 891, 8 _and_ 9], 1345-6 and 1349-50.
The account of Thomas Judde, receiver of South Frith, from Michaelmas,
19 Edward III, to the morrow of Michaelmas following, 20 Edward III.
* * * * *
_Sale of Wood._--[He answers] also for 188l. 4s. 6d. for wood sold in
South Frith by Sir Andrew de Bures, Walter Colpeper, and William
Lengleys, in the month of April, as appears in the particulars; and for
18l. 7s. for wood sold there by the same in the month of August, as
appears by the particulars; and for 6l. 7s. 5d. for wood blown down by
the wind, sold during the time covered by this account, as appears by
the particulars indented.
Sum:--212l. 18s. 11d.
* * * * *
_Defect of rent._--In defect of rent of 40 acres of land sometime of
Hugh Champion in South Frith, because they are in the hand of the lady
and lie waste for lack of a tenant, 13s. 4d. a year; in defect of rent
of Thomas Springget for a smithy which lies waste and is not worked,
12d. a year; in defect of rent of a house sometime of Walter le Smyth,
because it is pulled down, and it is testified that he has nothing on
the lady's fee, 12d. a year.
Sum:--15s. 4d.
* * * * *
The account of Thomas Judde, receiver of South Frith, from Michaelmas,
23 Edward III, to the morrow of Michaelmas following, 24 Edward III, for
the whole year.
* * * * *
_Sale of wood._--He answers for 17l. 14d. received for wood thrown down
by the wind, as appears by the particulars indented between Walter
Colpepyr and the said receiver.
Sum:--17l. 14d.
* * * * *
_Defect of rent._--He accounts in defect of rent of 40 acres sometime of
Hugh Campyon, because they are in the hands of the lady and lie waste in
the said wood for lack of a tenant, 13s. 4d. a year; further, in defect
of rent of Thomas Springet for a smithy in the hand of the lady, as
above, 12d.; further, in defect of rent of the house of Walter le Smyth,
as above, 12d.; further, in defect of rent of Richard atte Ware, as
above, 5s. 7d. for 8 acres 3 roods of land at Bukesworthbrom with other
parcels of land there; further, in defect of rent of Thomas Harry for 3
roods of land, as above, 4-1/2d.; further in defect of rent of William
Huchon for 6 acres of land, as above, 3s.; further, in defect of rent of
Richard Sampson for 19 acres 1 rood of land, as above, 12s. 10d.;
further, in defect of rent of Thomas Harry for two smithies, as above,
2s.; further, in defect of rent of Robert le Hore for a house, as above,
7d.; further, in defect of rent of Richard Gambon for a house, as above,
12d.; further, in defect of rent of John Coppynger for a house, as
above, 12d.; further, in defect of rent of Richard Sampson for 3 acres
of land, as above, 18d.; further, in defect of rent of William atte
Sandhelle for 20 acres of land, as above, 13s. 4d.; further, in defect
of rent of Richard Sewale for 20 acres of land, as above, 13s. 4d.;
further, in defect of rent of William Crowle and Simon de Herst for 36
acres 3 roods of land, as above, 18s. 4-1/2d.; further, in defect of
rent of Robert Smale, John Watte, Jordan Odam and William Mowyn, for 23
acres 3 roods of land, as above, 15s. 11d.; further, in defect of rent
of Walter Colpeper for 22 acres 3 roods of land, as above, 5s. 8-1/4d.;
further, in defect of rent of Walter Mody for 18 acres of land, as
above, 9s.
Sum of the ancient defect, 15s. 4d.
New defect through the pestilence this second year.
Sum:--119s. 3-1/4d. Whereof 103s. 11-1/4d. is of new defect by reason of
the pestilence.
* * * * *
29. THE PEASANTS' REVOLT [_Assize Roll, 103, mm. 10 & 10d._], 1381.
Pleas in the Isle of Ely before the justices appointed in the county
of Cambridge to punish and chastise insurgents and their misdeeds, on
Thursday next before the feast of St. Margaret the Virgin,[149] 5
Richard II.
Inquisition taken there on the said Thursday by the oath of John
Baker[150] ... who say on their oath that Richard de Leycestre of Ely on
Saturday next after the feast of Corpus Christi in the 4th year of the
Lord the King that now is, of his own will made insurrection, gathering
to himself John Buk of Ely and many other evildoers unknown, and went
through the whole town of Ely, commanding that all men, of whatsoever
estate, should make insurrection and go with him to destroy divers
traitors whom he would name to them on behalf of the lord King Richard
and the faithful commons; and hereupon he made divers proclamations
seditiously and to the prejudice of the lord the King, whereby the
people of the same town of Ely and other townships of the isle aforesaid
were greatly disturbed and injured. Further they say that the same
Richard [de Leycestre] on Sunday following commanded John Shethere of
Ely, Elias Glovere, John Dassh, skinner, John Tylneye, wright, and John
Redere of Ely, Thomas Litstere of Ely, Richard Swonn of Ely and John
Milnere of Ely and many others of the commons there assembled, that they
should go with him to the monastery of Ely to stand with him, while he,
in the pulpit of the same monastery, should declare to them and all
others the matters to be performed on behalf of King Richard and the
commons against traitors and other disloyal men, and this under pain of
the burning of their houses and the taking off of their heads; and so
the same Richard [de Leycestre] was a notorious leader and assembler
feloniously, and committed all the aforesaid acts to the prejudice of
the crown of the lord the King. Further they say that the same Richard
on Monday next following at Ely, as principal leader and insurgent, with
the aforesaid men above named and many others unknown of his fellowship,
feloniously broke the prison of the lord Bishop of Ely at Ely and
feloniously led away divers felons there imprisoned.
And that the same Richard on the said Monday at Ely feloniously adjudged
to death Edmund de Walsyngham, one of the justices of the peace of the
lord the King in the county of Cambridge, whereby the said Edmund was
then feloniously beheaded and his head set on the pillory there, the
same being a pernicious example. And that the same Richard was the
principal commander and leader in all the felonies, seditions and other
misdeeds committed within the isle at the time aforesaid, etc.
And hereupon the aforesaid Richard was taken by the justices aforesaid
and afterwards brought before them and charged and diligently examined
touching all the felonies and seditions aforesaid, article by article,
in what manner he would acquit himself thereof; and he made no answer
thereto but proffered a protection of the lord the King granted to him
for the security of his person and his possessions to endure for one
year according to the form and effect used in the Chancery of the lord
the King; and he says that he does not intend to be annoyed or
disquieted touching any presentments made against him by the justices,
by virtue of the protection aforesaid, etc. And the aforesaid Richard
was asked if he would make any other answer to the premises under the
peril incumbent, in that the protection aforesaid is insufficient to
acquit him of the premises or of any article of the same. And hereupon
the same Richard made no further denial of any of the premises presented
against him, but said, "I cannot make further answer, and I hold myself
convicted." And because it is clear and plain enough to the aforesaid
justices that the same Richard is guilty of all the felonies and
seditions aforesaid, as has been found before the same justices in
lawful manner, therefore by the discretion of the said justices he was
drawn and hanged the same day and year, etc., and [it was adjudged] that
his lands and tenements, goods and chattels, should be forfeit to the
lord the King, as law requires. And order was made to Ralph atte Wyk,
escheator of the lord the King, that he should make due execution
thereof forthwith for the lord the King, etc. And it is to be known that
it was found before the aforesaid justices that the same Richard has a
shop in "le Bocherie" in Ely, which is worth yearly beyond reprises
10s., and chattels to the value of 40 marks, which the same Ralph seized
forthwith, etc.
Further the aforesaid jurors say that John Buk of Ely was a fellow of
the aforesaid Richard Leycestre all the time of the insurrection and
tumult at Ely in the accomplishing of all the felonies, treasons and
misdeeds, whereof the said Richard was indicted. And specially that the
same John, of his malice, at the time when Edmund de Walsyngham was
adjudged to death, feloniously came to him and feloniously snatched a
purse of Edmund attached to his tunic containing 42-1/2d., and violently
assaulted the said Edmund, dragging him to the place of his beheading,
and carried away the said money except 12d. thereof which he gave to
John Deye of Willingham, who there feloniously beheaded Edmund, for his
labour. And hereupon the aforesaid John Buk was taken and brought
forthwith before the aforesaid justices and charged touching the
premises article by article, in what manner he will make answer thereto
or acquit himself. And he says that as to all the matters touching
Edmund de Walsyngham whereof he is charged, he came with many others to
see the end of the said Edmund and to hear the cause of his death, and
not otherwise, and this by the command of divers of the said commons.
And he was asked further by whose command he came there and snatched the
purse with the money aforesaid from the said Edmund in the form
aforesaid, and he said that he believes it was by command of the devil.
And he confessed further how and in what manner he dealt with the
aforesaid purse with the money aforesaid, as was found above. And to all
other presentments made against him he made no further answer. And
because it is clear and plain enough, as well by his own acknowledgment
as by lawful finding otherwise, that the same John is guilty of all the
felonies and treasons aforesaid, therefore by the discretion of the said
justices he was drawn and hanged, etc.; and [it was adjudged] that his
lands and tenements, goods and chattels, should be forfeit to the lord
the King, as law requires. And order was made to Ralph atte Wyk,
escheator of the lord the King, that he should make due execution
thereof forthwith for the lord the King, etc., because it was found
before the aforesaid justices that he has goods and chattels to the
value of 20l., which the same Ralph seized forthwith and made further
execution, etc.
* * * * *
[m. 10d.] _Ely._--Adam Clymme was taken as an insurgent traitorously
against his allegiance, and because on Saturday next after the feast of
Corpus Christi in the 4th year of the reign of King Richard the second
after the Conquest, he traitorously with others made insurrection at
Ely, feloniously broke and entered the close of Thomas Somenour and
there took and carried away divers rolls, estreats of the green wax of
the lord the King and the Bishop of Ely, and other muniments touching
the Court of the lord the King, and forthwith caused them to be burned
there to the prejudice of the crown of the lord the King.
Further that the same Adam on Sunday and Monday next following caused to
be proclaimed there that no man of law or other officer in the execution
of duty should escape without beheading.
Further that the same Adam the day and year aforesaid at the time of the
insurrection was always wandering armed with arms displayed, bearing a
standard, to assemble insurgents, commanding that no man of whatsoever
condition he were, free or bond, should obey his lord to do any services
or customs, under pain of beheading, otherwise than he should declare to
them on behalf of the Great Fellowship. And so he traitorously took upon
him royal power. And he came, brought by the sheriff, and was charged
before the aforesaid justices touching the premises, in what manner he
would acquit himself thereof. And he says that he is not guilty of the
premises imputed to him or of any of the premises, and hereof puts
himself on the country, etc. And forthwith a jury is made thereon for
the lord the King by twelve [good and lawful men] etc., who being chosen
hereto, tried and sworn, say on their oath that the aforesaid Adam is
guilty of all the articles. By the discretion of the justices the same
Adam is drawn and hanged, etc. And it was found there that the same Adam
has in the town aforesaid chattels to the value of 32s., which Ralph
atte Wyk, escheator of the lord the King, seized forthwith and made
further execution for the lord the King, etc.
* * * * *
_Cambridge._--John Shirle of the county of Nottingham was taken because
it was found that he was a vagabond in divers counties the whole time of
the disturbance, insurrection and tumult, carrying lies and worthless
talk from district to district whereby the peace of the lord the King
could be speedily broken and the people disquieted and disturbed; and
among other dangerous words, to wit, after the proclamation of the peace
of the lord the King made the day and year aforesaid, the assigns[151]
of the lord the King being in the town and sitting, he said in a tavern
in Bridge Street, Cambridge, where many were assembled to listen to his
news and worthless talk, that the stewards of the lord the King, the
justices and many other officers and ministers of the King were more
worthy to be drawn and hanged and to suffer other lawful pains and
torments, than John Balle, chaplain, a traitor and felon lawfully
convicted; for he said that he was condemned to death falsely, unjustly
and for envy by the said ministers with the King's assent, because he
was a true and good man, prophesying things useful to the commons of the
realm and telling of wrongs and oppressions done to the people by the
King and the ministers aforesaid; and his death shall not go unpunished
but within a short space he would well reward both the King and his
officers and ministers aforesaid; which sayings and threats redound to
the prejudice of the crown of the lord the King and the contempt and
manifest disquiet of the people. And hereupon the aforesaid John Shirle
was brought forthwith by the sheriff before the aforesaid assigns in
Cambridge castle, and was charged touching the premises and diligently
examined as well touching his conversation as touching his tarrying and
his estate, and the same being acknowledged by him before the aforesaid
assigns, his evil behaviour and condition is plainly manifest and clear.
And hereupon trustworthy witnesses at that time in his presence, when
the aforesaid lies, evil words, threats and worthless talk were spoken
by him, were asked for, and they being sworn to speak the truth in this
behalf, testify that all the aforesaid words imputed to him were truly
spoken by him; and he, again examined, did not deny the premises imputed
to him. Therefore by the discretion of the said assigns he was hanged;
and order was made to the escheator to enquire diligently of his lands
and tenements, goods and chattels, and to make due execution thereof for
the lord the King.
[Footnote 149: July 20.]
[Footnote 150: And eleven others.]
[Footnote 151: _i.e._ The justices assigned.]