TAXATION CUSTOMS AND CURRENCY [For feudal taxation see Section II.]
1. Form of the taxation of a fifteenth and tenth, 1336--2.
Disposition of a subsidy of tonnage and poundage, 1382--3. The king's
prise of wines, 1320--4. The custom on wool, 1275--5. The custom on
wine, 1302--6. The custom on general imports, 1303--7. Administration
of the search, 1303--8. Provision for the currency and the search,
1335--9. Opinions on the state of English money, 1381-2.
The following documents illustrate in the first place the sources of
royal revenue other than (_a_) the direct rents accruing to the King as
a great landlord, (_b_) the payments due to him as feudal overlord, and
(_c_) the profits of justice and administration, Nos. 1 and 2
representing the ordinary forms of Parliamentary grants, and Nos. 3 to 6
the prerogative right of the Crown to payments for the privilege of
commercial intercourse by way of prise or custom; and in the second
place the continuous efforts of mediæval governments to secure a good
and easy currency (Nos. 7 to 9), a problem which they failed to solve
either by the direct method of forbidding the export and controlling the
import of money, or by the indirect method of insisting on the exchange
of goods for goods by alien merchants frequenting the realm.
AUTHORITIES
The principal modern writers dealing with the subject of this section
are:--Dowell, _History of Taxation and Taxes in England_; Stubbs,
_Constitutional History_; Hall, _Customs Revenue_; Shaw, _History of
Currency_; Crump & Hughes, _English Currency_ (Economic Journal, V.).
Contemporary authorities:--Wolowski, _Traité de Nicholas Oresme_.
1. FORM OF THE TAXATION OF A FIFTEENTH AND TENTH [_Fine Roll_, 10
_Edward_ III, _m._ 13], 1336.
This is the form which the assessors and taxers of the fifteenth,
granted to our lord the King in his Parliament holden at Westminster on
the Monday next after Sunday in mid-Lent last past, in the tenth year of
his reign, by the earls, barons, freemen and the commonalties of all the
counties of the realm, and also of the tenth there granted to our said
lord the King in all the cities, boroughs and the ancient demesnes of
the King, of the same realm, from all their goods which they had on the
day of the said grant, ought to observe, and thereby to assess, tax,
collect and levy the same fifteenth and tenth in the counties of
Northumberland, Cumberland and Westmoreland, to wit, that the chief
taxers without delay cause to come before them from each city, borough
and other town of the counties, within franchise and without, the more
lawful and wealthier men of the same places in such number that
therefrom the chief taxers may sufficiently choose four or six of each
town, or more if need be, at their discretion, by whom the said taxation
and that which pertains thereto to be done may best be done and
accomplished; and when they shall have chosen such, then they shall
cause them to swear on the Holy Gospels, to wit, those of each town by
themselves, that those so sworn will lawfully and fully enquire what
goods each man of the same towns had on the said day within house and
without, wheresoever they be, without any favour, upon heavy forfeiture,
and will lawfully tax all those goods, wheresoever they have come from
then till now by sale or otherwise, according to the true value, save
the things below excepted in this form, and will cause them to be listed
and put on a roll indented quite fully as speedily as they can, and to
be delivered to the chief taxers one part under their seals, and retain
by themselves the other part under the seals of the chief taxers, and
when the chief taxers shall have in such wise received the indentures of
those who shall be sworn to tax in cities boroughs and other towns, the
same chief taxers shall lawfully and minutely examine such indentures,
and if they discover that there is any defect they shall forthwith amend
it, so that nothing be concealed, neither for gift nor for reward of a
person taxed less than reason requires; and the King wills that the
chief taxers go from hundred to hundred and from town to town, where
need shall be, to survey and enquire that the subtaxers in the same
towns have fully taxed and valued the goods of every man, and if they
find anything concealed, amend it forthwith and cause the Treasurer and
Barons of the Exchequer to know the names of those who shall have so
trespassed, and the manner of their misdeed; and the taxation of the
goods of the subtaxers of the towns shall be made by the chief taxers
and by other good men whom they choose so to do, so that their goods be
well and lawfully taxed in the same manner as those of others. The
taxation of the goods of the chief taxers and of their clerks shall be
reserved to the Treasurer and Barons of the Exchequer. And the chief
taxers, as soon as they shall have received the presentment of the
subtaxers shall cause the fifteenth and tenth to be levied to the use of
the King without delay and without doing favour to any man, in the form
which is enjoined upon them by the commission. And they shall cause to
be made two rolls of the said taxation agreeing in all points, and
retain the one by them to levy the taxation and have the other at the
Exchequer at the feast of St. Peter's Chains next coming, on which day
they shall make their first payment. And be it known that in this
taxation of the goods of the commonalty of all the counties there shall
be excepted armour, mounts, jewels and robes for knights and gentlemen
and their wives, and their vessels of gold and silver and brass, and in
cities and boroughs shall be excepted a robe for the man and another for
his wife and a bed for both, a ring and a buckle of gold or silver, and
a girdle of silk, which they use every day, and also a bowl of silver or
of mazer from which they drink. And the goods of lepers, where they are
governed by a superior who is a leper, shall not be taxed or taken, and
if the lepers be governed by a sound master, their goods shall be taxed
like those of others. And be it remembered that from people of counties
out of cities, boroughs and the king's demesnes whose goods in all
exceed not the value of 10s., nothing shall be demanded or levied; and
from the goods of people of cities, boroughs and the king's demesnes,
which exceed not the value of 6s. in all, nothing shall be demanded or
levied.
2. THE DISPOSITION OF A SUBSIDY OF TONNAGE AND POUNDAGE [_K.R. Customs
Accounts_, 159, 4], 1382.
This indenture made between Thomas Beaupyne of Bristol and John Polymond
of Hampton appointed in Parliament to make order for the safe keeping of
the sea by means of the subsidy of 6d. in the pound and 2s. on the tun
[of wine] on the coasts of the west, granted in the said Parliament for
the same cause, of the one part, and William Bast of the other part,
witnesseth that the said William has received from the said Thomas and
John 180l. of the said subsidy to find a ship and a barge of 180 men to
serve our lord the King on the sea for a quarter of a year, the said
quarter beginning on Michaelmas Day next or within fifteen days after,
as he shall deem best to be done, by the testimony of the mayor of
Dartmouth or the admiral's lieutenant in those parts, taking from the
commencement of the said voyage 20s. for each man for the said quarter,
together with all the profit that he may seize from enemies in the mean
time without impeachment, according to the form ordained and agreed upon
in the said Parliament, to be on the sea for the preservation of English
shipping according to their power, without making for the land of
England unless it be through tempest of the sea or other reasonable
cause during the said quarter; for the good and lawful performance of
which voyage in the manner abovesaid the said William hereby binds
himself, his heirs and executors, and all his goods and chattels,
moveable and immoveable, to our said lord the King to perform the said
voyage as is abovesaid; and the survey of the number of the said men,
according to the form of this indenture, shall be made and witnessed by
the admiral in those parts or his lieutenant. In witness whereof to
these indentures the parties aforesaid have interchangeably put their
seals. Written at Exeter, 24 August in the sixth year of the reign of
King Richard the Second after the Conquest.
3. THE KING'S PRISE OF WINES [_Fine Roll_, 13 _Edward_ II, _m._ 3], 1320
The King to his beloved clerk, Roger de Northburgh, keeper of his
wardrobe, greeting. Whereas we lately confirmed certain ordinances made
of late by the prelates and chiefs of our realm, and commanded the same
to be observed in all and singular their articles, and in those
ordinances it is contained that all gifts and grants made by us to our
loss and to the diminution of our crown after 16 March in the third year
of our reign, on which day we made our commission to the aforesaid
prelates and chiefs touching the making of the said ordinances, ... be
wholly revoked, and afterwards we granted to Stephen de Abindon, our
butler, our right prise of wines one tun of wine before the mast and one
tun of wine behind the mast, at our will, he paying to the merchants
from whom he should receive those wines in our name 20s. for each piece
and 20s. to us for each piece in our wardrobe; which grant was made
after the said 16 March, and is known to redound to our damage: We,
wishing the said ordinances to be duly put into execution in this
behalf, command you that you fully charge Stephen, in his account of the
things pertaining to his office of butler to be rendered before you,
with the wines of our right prise aforesaid for the whole time in which
the same Stephen was our butler, notwithstanding our grant aforesaid and
our commands afterwards following hereon. Witness the King at Odiham, 23
May[246].
By the council.
[Footnote 246: The prise of wines was the royal right, limited at least
from the time of Edward I., of purchasing 2 tuns of wine from every ship
at the rate of 20s. a tun, whatever the market price might be; 60s. a
tun was a normal price in the 14th century (_see K.R. Accounts_, 77.
21). The value of this grant to Stephen is obvious.]
4. THE CUSTOM ON WOOL [_Fine Roll_, 3 _Edward I, m._ 24], 1275.
For the new custom which is granted by all the great men of the realm
and at the prayer of the communities of the merchants of all England, it
is provided that in every county in the largest town where there is a
port two of the more lawful and able men be elected, who shall have one
piece of a seal in keeping, and one man who shall be assigned by that
King shall have another piece; and they shall be sworn that they will
lawfully receive and answer for the King's money, that is to say, on
each sack of wool 1/2 mark, and on each 300 fells which make a sack 1/2
mark, and on each last[247] of hides 1 mark, that shall go out of the
realm, as well in Ireland and Wales as in England, within the franchise
and without. Furthermore in every port whence ships can sail there
shall be two good men sworn that they will not suffer wools, fells or
hides to leave without letters patent sealed with the seal which shall
be at the chief port in the same county; and if there is any man who
goes otherwise therewith out of the realm, he shall lose all the
chattels which he has and his body shall be at the King's will. And
forasmuch as this business cannot be performed immediately, it is
provided that the King send his letters to every sheriff throughout all
the realm, and cause it to be proclaimed and forbidden through all the
counties that any man, upon forfeiture of his body and of all his
chattels, cause wools, fells or hides to be taken out of the land before
the feast of Trinity this year, and thereafter by letters patent sealed
with the seals as is aforesaid, and not otherwise, upon the aforesaid
forfeitures. And the King has granted of his grace that all lordships,
through the ports whereof wools or hides shall pass, shall have the
forfeitures when they are incurred, each in its port, saving to the King
1/2 mark on each sack of wool and fells, and 1 mark on each last of
hides.[248]
[Footnote 247: 12 dozen.]
[Footnote 248: This and the two following documents fix the normal rates
of customs on exported and imported goods for the mediæval period. The
custom on wools, woolfells and hides, came to be known as the great or
ancient custom.]
5. THE CUSTOM ON WINE [_Charter Roll_, 30 _Edward I, m._ 2], 1302
The King to Archbishops, etc., greeting. Touching the prosperous estate
of the merchants of our duchy aforesaid [Aquitaine] a special care
weighs upon us, in what wise under our lordship the immunity of
tranquillity and full security may be secured to the same merchants for
times to come; so, therefore, that their desires may be the more
abundantly increased to the service of us and our realm, we, favourably
inclining to their petitions, for the fuller assurance of their estate,
have deemed fit to ordain and to grant to the same merchants for us and
our heirs for ever in the form that follows:
First, that all merchant vintners of the duchy aforesaid, safely and
securely, under our defence and protection, may come into our said realm
of England and everywhere within our power with wines and other
merchandise whatsoever and that within the same our realm and power, in
cities, boroughs and market-towns, they may traffic in gross[249] as
well with denizens or inhabitants of the same realm as with aliens,
strangers or friends (_privatis_), and that they may take or carry
whither they will, as well within our realm and power aforesaid as also
without, their merchandise which they shall happen to bring into the
same our realm and power or to buy or otherwise acquire within the same
our realm and power, and to do their will therewith, paying the customs
which they shall owe, except only wines, which it shall not be lawful
for them in any wise to take out of the same our realm and power without
our will.
Further, that the said merchant vintners of the said duchy may lodge at
their will in the cities and towns aforesaid, and stay with their goods
at the pleasure of those to whom the inns or houses belong.
Further, that every contract entered upon by the same vintners with any
persons, whencesoever they be, touching all manner of merchandise, be
valid and stable, so that neither of the merchants may disown that
contract or withdraw from the same, after God's penny[250] shall have
been given and received between the contractors. And if by chance a
dispute arise on such a contract, proof shall be made thereof according
to the uses and customs of the fairs and towns where the said contract
shall happen to be made and entered upon.
Further, we remit and quit to the said merchants of the said duchy that
ancient prise of two tuns of wine which we used to take from every ship
laden with wines touching within our realm or power, one, to wit, before
the mast, and the other behind, promising further and granting to the
same merchants for us and our heirs for ever that we will in no wise
hereafter against the will of the same merchants make or suffer to be
made the aforesaid prise or any other of wines or other their wares by
us or another or others for any necessity or chance, without payment to
be made forthwith according to the price at which the said merchants
will sell wines and other wares to others, or other satisfaction
wherewith they shall count themselves content, so that a valuation or
estimation be not put upon their wines or other wares by us or our
ministers.
Further, that on each tun of wine gauged, as the seller of the wine
shall be bound to supply that which it lacks from the gauge, so he
shall be satisfied by the buyer of that which is over the gauge
according to the price at which the tun of wine shall be sold.
Further, that as soon as ships with new wines touch within our realm and
power, old wines, wheresoever they be found in towns or other places to
which the said ships shall come, shall be viewed and proved, if they be
whole and also uncorrupt, and of those who shall view the said wines,
one moiety shall be of merchant vintners of the duchy aforesaid, and the
other of good men of the town where this shall be done, and they shall
be sworn to do the premises faithfully and without fraud, and they shall
do the accustomed justice with corrupt wines.
Further, whereas it was of old time accustomed and used that the buyer
and seller should pay 1d. for each tun for gauge, each of them, to wit,
1/2d., let it be so done hereafter and observed for a custom.
Further, we will that all bailiffs and ministers of fairs, cities,
boroughs and market-towns, do speedy justice to the vintners aforesaid
who complain before them of wrongs, molestations done to them, debts and
any other pleas, from day to day without delay according to the Law
Merchant, and if by chance default be found in any of the bailiffs or
ministers aforesaid, whereby the same vintners or any of them shall
sustain the inconveniences of delay, although the vintner recover his
damages against the party in principal, nevertheless the bailiff or
other minister shall be punished by us as his guilt demands, and that
punishment we grant by favour to the merchant vintners aforesaid to
hasten justice for them.
Further, that in all sorts of pleas, saving the case of a crime for
which the penalty of death is inflicted, where a merchant vintner of the
duchy aforesaid shall be impleaded or shall implead another, of
whatsoever condition he who is impleaded shall be, stranger or native,
in fairs, cities, or boroughs where there shall be a sufficient number
of merchant vintners of the duchy aforesaid, and inquest should be made,
one moiety of the inquest shall be of such merchant vintners of the
duchy aforesaid, and the other moiety of other good and lawful men of
that place where that plea shall happen to be, and if it shall happen
that a sufficient number of merchant vintners of the duchy aforesaid be
not found, there shall be put on the inquest those who shall be found
there sufficient of themselves, and the residue shall be of other good
and sufficient men of the places in which that plea shall be.
Further, that no other exaction or charge of prest shall be in any wise
put upon the wines of the said merchants.
Further, we have deemed fit to ordain, and we will that ordinance for us
and our heirs for ever to be straitly observed, that for any liberty
soever which we or our heirs shall grant hereafter, the aforesaid
merchant vintners shall not lose the above written liberties or any of
them; willing that those liberties extend only to the said merchant
vintners of our duchy aforesaid. But for the abovesaid liberties and
free customs the merchant vintners aforesaid have granted to us that on
each tun of wine which they shall bring or cause to be brought within
our realm or power, and whereon they shall be bound to pay freight to
mariners, they shall pay by name of custom to us and our heirs, beyond
the ancient customs due and paid in money whether to us or to others,
2s. within forty days after the same wines be put ashore out of the
ships. And we will that the aforesaid merchant vintners, in respect of
wines whereon they shall have paid to us the aforesaid custom of 2s. in
one place of our realm or elsewhere within our power, shall be entirely
free and quit of payment of the aforesaid custom of 2s. in all other
places of our said realm and power; provided that for other merchandise
whatsoever which they shall happen to employ within our realm and power
they be held to pay to us the same customs which the rest of the
merchants shall pay to us for such merchandise. These witnesses:--the
venerable father, W. bishop of Coventry and Lichfield, John de Warenna,
earl of Surrey, Roger le Bygod, earl of Norfolk and marshal of England,
John de Britannia, Hugh le Despenser, William de Brewosa, Walter de
Bello Campo, steward of our household, Roger le Brabazon, John de Merk
and others. Given by the King's hand at Westminster, 13 August.
[Footnote 249: _i.e._ Wholesale.]
[Footnote 250: Earnest money.]
6. THE CUSTOM ON GENERAL IMPORTS [_Charter Roll_, 2 _Edward III, m._ 11,
_No._ 37], 1303.[251]
Edward by the grace of God King of England, Lord of Ireland and Duke of
Aquitaine, to archbishops, bishops, abbots, priors, earls, barons,
justices, sheriffs, reeves, ministers, and all his bailiffs and
faithful, greeting. Touching the good estate of all merchants of the
underwritten realms, lands and provinces, to wit, Almain, France, Spain,
Portugal, Navarre, Lombardy, Tuscany, Provence, Catalonia, our duchy of
Aquitaine, Toulouse, Quercy, Flanders, Brabant, and all other foreign
lands and places, by whatsoever name they be known, coming to our realm
of England and staying there, an especial anxiety weighs upon us, in
what wise under our lordship a means of tranquillity and full security
may be devised for the same merchants for times to come: in order
therefore that their desires may be rendered apter to the service of us
and our realm, we, favourably inclining to their petitions, for the
fuller assurance of their estate, have deemed fit to ordain and to grant
to the said merchants for us and our heirs for ever as follows: First,
to wit, that all merchants of the said realms and lands, safely and
securely, under our defence and protection, may come into our said realm
of England and everywhere else within our power with their merchandise
whatsoever free and quit of murage, pontage and pavage,[252] and that
within the same our realm and power in cities, boroughs and market-towns
they may traffic in gross only[253] as well with denizens or inhabitants
of the same our realm and power aforesaid as with aliens, strangers or
friends (_privatis_), so nevertheless that the wares which are commonly
called mercery and spices may be sold at retail as before was wont to be
done, and that all the aforesaid merchants may cause their merchandise,
which they chance to bring to our aforesaid realm and power or to buy or
otherwise acquire within the same our realm and power, to be taken or
carried whither they will as well within our realm and power aforesaid
as without, except to lands of manifest and notorious enemies of our
realm, paying the customs which they shall owe, wines only excepted,
which it shall not be lawful for them in any wise to take away from the
same our realm or power after they shall have been brought within the
same our realm or power, without our will and special license.
Further, that the aforesaid merchants may lodge at their will in the
cities, boroughs and town aforesaid, and stay with their goods at the
pleasure of those to whom the inns or houses belong.
Further, that every contract entered upon by those merchants with any
persons soever, whencesoever they be, touching any sort of merchandise,
shall be valid and stable, so that neither of the merchants can withdraw
or retire from that contract after God's penny shall have been given and
received between the principal contracting persons; and if by chance a
dispute arise on such a contract, proof or inquisition shall be made
thereof according to the uses and customs of the fairs and towns where
the said contract shall happen to be made and entered upon.
Further, we promise to the aforesaid merchants for us and our heirs for
ever, granting that we will in no wise make or suffer to be made
henceforth any prise or arrest or delay on account of prise of their
wares, merchandise or other goods by us or another or others for any
necessity or case against the will of the same merchants, save upon
immediate payment of the price for which the merchants can sell such
wares to others, or upon satisfaction otherwise made to them, so that
they hold themselves contented; and that no valuation or estimation be
set by us or our ministers on their wares, merchandise or goods.
Further, we will that all bailiffs and ministers of fairs, cities,
boroughs and market-towns do speedy justice to the merchants aforesaid
who complain before them from day to day without delay according to the
Law Merchant touching all and singular plaints which can be determined
by the same law; and if by chance default be found in any of the
bailiffs or ministers aforesaid whereby the same merchants or any of
them shall sustain the inconveniences of delay, although the merchant
recover his damages in principal against the party, nevertheless the
bailiff or other minister shall be punished in respect of us as the
guilt demands, and that punishment we have granted by way of favour to
the merchants aforesaid to hasten justice for them.
Further, that in all sorts of pleas, saving the ease of crime for which
the penalty of death shall be inflicted, where a merchant shall be
impleaded or shall implead another, of whatsoever condition he who is
impleaded shall be, stranger or native, in fairs, cities, or boroughs,
where there shall be a sufficient number of merchants of the aforesaid
lands, and inquest should be made, one moiety of the inquest shall be of
the same merchants, and the other moiety of other good and lawful men of
that place where that plea shall happen to be, and if a sufficient
number of merchants of the said lands be not found, there shall be put
on the inquest those who shall be found there fit, and the residue shall
be of other men good and fit of the places in which that plea shall be.
Further, we will, ordain and decree that in each markettown and fair of
our realm aforesaid and elsewhere within our power our weight be set in
a certain place, and before weighing the scales shall be seen to be
empty in the presence of buyer and seller, and that the arms be level,
and that then the weigher weigh level, and when he have put the scales
on a level, forthwith move his hands away, so that it remain level; and
that throughout our whole realm and power there be one weight and one
measure, and that they be marked with the mark of our standard, and that
each man may have scales of a quarter and less, where it shall not be
against the lord of the place or a liberty granted by us or our
ancestors, or against the custom of towns or fairs hitherto observed.
Further, we will and grant that a certain loyal and discreet man
resident in London be assigned as justice for the said merchants, before
whom they may specially plead and speedily recover their debts, if the
sheriffs and mayors do not full and speedy justice for them from day to
day, and that a commission be made thereon granted out of the present
charter to the merchants aforesaid, to wit, of the things which shall be
tried between merchants and merchants according to the Law Merchant.
Further, we ordain and decree, and for us and our heirs for ever we will
that that ordinance and decree be straitly observed, that for each
liberty which we or our heirs shall hereafter grant, the aforesaid
merchants shall not lose the above written liberties or any of them. But
for the obtaining of the aforesaid liberties and free customs and the
remission of our prises to them, the said merchants, all and singular,
for them and all others of their parts, have granted to us with one
heart and mind that on each tun of wine which they shall bring or cause
to be brought within our realm or power, whereon they shall be bound to
pay freight to the mariners, they shall pay to us and our heirs by name
of custom 2s. beyond the ancient customs due and accustomed to be paid
in money to us or others within forty days after the said wines be put
ashore out of the ships; further, on each sack of wool which the said
merchants or others in their name shall buy and take or cause to be
bought and taken from our realm, they shall pay 40d. of increment beyond
the ancient custom of half a mark which had before been paid; and for a
last of hides to be carried out of our realm and power half a mark above
that which before was paid of ancient custom; and likewise on 300
woolfells to be taken out of our realm and power 40d. beyond the xed sum
which had before been given of ancient custom; further, 2s. on each
scarlet and cloth dyed in grain; further, 18d. on each cloth wherein
part of the grain is intermixed; further, 12d. on each other cloth
without grain; further, 12d. on each quintal of wax.
And whereas some of the aforesaid merchants deal in other merchandise as
avoir-du-pois and other fine goods, such as cloths of Tars, silk,
cendals and other diverse wares, and horses also and other animals, corn
and other goods and merchandise which cannot easily be put at a fixed
custom, the same merchants have granted to give us and our heirs on each
pound of silver of the estimation or value of such goods and
merchandise, by what name soever they be known, 3d. in the pound at the
entry of those goods and merchandise into our realm and power aforesaid
within fifteen days after such goods and merchandise shall have been
brought into our realm and power and there unladen or sold; and likewise
3d. on each pound of silver at the export of any such goods and
merchandise bought in our realm and power aforesaid, beyond the ancient
customs before given to us or others; and touching the value and
estimation of such goods and merchandise whereon 3d. on each pound of
silver, as is aforesaid, are to be paid, credit shall be given to them
by the letters which they shall show from their lords or fellows, and if
they have no letters, it shall stand in this behalf by the oaths of the
merchants, if they be present, or of their yeomen in the absence of the
same merchants. It shall be lawful, moreover, for the fellows of the
fellowship of the merchants aforesaid to sell wools within our realm and
power aforesaid to other their fellows, and likewise to buy from the
same without payment of custom, so, nevertheless, that the said wools
come not to such hands that we be defrauded of the custom due to us.
And furthermore it is to be known that after the said merchants shall
have once paid in the form aforesaid in one place within our realm and
power the custom above granted to us for their merchandise, and have
their warrant thereof, they shall be free and quit in all other places
within our realm and power aforesaid of payment of such custom for the
same merchandise or wares by the same warrant, whether such merchandise
remain within our realm and power or be carried without, except wines
which shall in no wise be taken out of our realm and power aforesaid
without our will and license, as is aforesaid. And we will, and for us
and our heirs we grant that no exaction, prise or prest or any other
charge be in any wise imposed on the persons of the merchants aforesaid,
their merchandise or goods, against the form expressed and granted
above. These witnesses:--the venerable fathers, Robert, archbishop of
Canterbury, primate of all England, Walter, bishop of Coventry and
Lichfield, Henry de Lacy, earl of Lincoln, Humphrey de Bohun, earl of
Hereford and Essex and constable of England, Aymer de Valencia, Geoffrey
de Geynvill, Hugh le Despenser, Walter de Bello Campo, steward of our
household, Robert de Bures and others. Given by our hand at Windsor, 1
February in the 31st year of our reign.
[Footnote 251: From the confirmation by Edward III, see _Fædera_, II,
ii, 747; the charter is not among the enrolments of Edward I. These
customs were known as the petty custom, and this charter as the _Caria
Mercatoria_.]
[Footnote 252: Tolls for the repair of walls, bridges and streets.]
[Footnote 253: i.e. Wholesale.]
7. ADMINISTRATION OF THE SEARCH FOR MONEY EXPORTED [_Chancery
Miscellanea_, 60, 5, 153], 1303.
To the most excellent lord, the lord prince Edward, by the grace of God
King of England, Lord of Ireland, Duke of Aquitaine, his humble and
devoted mayor and bailiffs of the town of Southampton, obedience,
reverence and honour. We have received your command in these words:
Edward, by the grace of God, King of England, Lord of Ireland and Duke
of Aquitaine, to his mayor and bailiffs of Southampton, greeting.
Because we have learnt by an inquisition which we lately caused to be
made by our beloved and trusty Robert de Glamorgan and John de la Lee,
that Pelegrin de Castello, our merchant of Bayonne, wished to take the
24l.--which you, believing that he wished to carry the same to parts
beyond the sea against our prohibition that no man should carry any
money or silver in bullion out of our realm, arrested on that account in
a ship in our port of Southampton,--to the parts of Devon and Cornwall
to buy there lead and tin and other merchandise, and not to parts beyond
the sea against the prohibition aforesaid, as you charged against him:
We command you, as we have before commanded, that, if the aforesaid 24l.
have been arrested for the cause aforesaid and no other, then you cause
the same to be delivered without delay to the aforesaid Pelegrin, or
that you signify to us the cause wherefor you have refused or were
unable to execute our command before directed to you thereon.
Wherefore we signify to you that the searchers of the town of
Southampton aforesaid, by your writ of the wardrobe sealed with your
privy seal directed to the said searchers on 7 January commanding the
said 24l. to be brought to Odiham and delivered there into your said
wardrobe [paid and delivered the same], of which payment and delivery of
the said 24l. so made the aforesaid searchers have a due acquittance of
receipt. And by the tenour of these presents we signify that for no
other cause were the aforesaid 24l. arrested, save only in the form
aforesaid. In witness whereof we transmit to you these our letters
sealed with our seal. Given at Southampton, 9 March.
Wherefore the same Pelegrin sues for a writ of the lord the King to be
directed to the keeper of the wardrobe of the lord the King, for
satisfaction to be made to him according to the form of the return of
the writ.
8. PROVISIONS FOR THE CURRENCY [_Fine Roll, 9 Edward III. m. 10_], 1335.
The King to the sheriff of York, greeting. Forasmuch as we have heard
that many folk beyond the sea strive to counterfeit our good money, the
sterling of England, with worse money, and to send this bad money into
our realm, to the deception of us and the damage and oppression of our
people if a remedy be not set thereto; we, willing to prevent such
damages and oppressions, and to provide a suitable remedy hereon and
that our said good money may be multiplied within our realm and the
lands of our power, to the profit of us and our subjects, by assent of
the prelates, earls and barons of our said realm assembled in our
Parliament holden at York on the morrow of the Ascension last past,
have ordained and established the things that ensue in the manner
underwritten:--
First, it is provided that no man of religion or other henceforth carry
the sterling out of the realm of England, nor silver in plate, nor
vessels of gold or silver, on pain of forfeiture of the money, plate or
vessel that he shall carry, without special licence from us.
Further, that no false money nor counterfeit sterling be brought into
the realm or elsewhere in our power, on pain of forfeiture of the money;
so always that all folk of what realms or power soever they be, may
safely bring to the exchanges for bullion and not elsewhere silver in
plate, vessels of silver and all manner of moneys of silver, of what
value soever they be, save false money and counterfeit sterling, and
there receive good and suitable exchange.
And that no sterling halfpenny or farthing be molten to make a vessel or
other thing by goldsmiths or others on pain of forfeiture of the money
so molten, and that the goldsmith or other who shall have so molten it,
be put in prison and there stay until he shall have rendered to us the
moiety of that which he shall have so molten, notwithstanding charter or
franchise granted or used to the contrary.
And that all manner of black money now commonly current in our realm and
power be utterly excluded, so that none be current after the month next
after proclamation be made, on pain of forfeiture of the same money.
And that every man who will sue for us against such as shall commit
fraud against this ordinance be admitted hereto and have the fourth
penny of that which shall be so deraigned at his suit to our profit.
And that the mayor or bailiffs in every port where merchants and ships
are take oath of the merchants and masters of ships going and returning
that they will commit no fraud against this ordinance in any point.
And that there be a table of exchange at Dover and elsewhere where and
when it shall seem good to us and our council to make exchanges. And
that the wardens of the said tables make exchanges by testimony of the
controllers whom we will appoint there.
And that no pilgrim pass out of our realm to the parts beyond the sea
except at Dover, on pain of imprisonment for a year. And that good ward
and strict be made in all places on the seacoast in ports and elsewhere
where there is any manner of landing, by good and lawful men sworn, who
in our name shall cause diligent search to be made that none, of what
condition or estate soever he be, take sterling money, silver in plate,
or vessel of gold or silver out of our realm without our licence, nor
bring into the said realm or power false money or counterfeit sterling,
as is aforesaid, on the pains and forfeitures aforesaid. And the money,
vessel or plate so forfeited shall be delivered at our exchanges by
indenture, whereof the one part remaining with the searchers shall be
delivered at the Exchequer, and by the same indentures the warden of the
exchanges shall be charged with that which he shall have received.
And that the searchers have of our gift for all their work the fourth
penny of as much as they find so forfeited. And if the searchers make
release or show favour to any and be attainted hereof they shall be
liable to forfeiture of as much as they shall have in goods; and that
the hostlers in every port where there is passage shall be sworn to make
search upon their guests in like manner as the searchers shall do, and
shall have the fourth penny of that which they find forfeit to us, as
the said searchers shall have. And it is our intention that the said
searchers have power to search the hostels and to inform themselves of
the doings of hostlers; and that the hostlers, in case they be found
deceitful against the said articles, shall be punished and incur the
forfeiture aforesaid.
Wherefore we command you, straitly enjoining, that forthwith upon sight
of these letters you cause all the articles and points aforesaid to be
cried and published in cities and boroughs, market towns, ports and all
other places within your bailiwick, as well within franchise as without,
where you shall see fit so to do; and that in all other places within
your bailiwick where need shall be, except the places where such wardens
and searchers shall be deputed by us, you cause such searchers and
wardens to be established and sworn to keep and observe this our
ordinance in the form aforesaid, on the pains contained in this form;
and that you certify the Treasurer and Barons of our Exchequer without
delay of the names of those who shall be hereafter assigned by you as
searchers and wardens. Given under our great seal at York, 6th June in
the 9th year of our reign.
In like manner command is given to the several sheriffs throughout
England....
_The oath of the searchers._--You shall swear that you will well and
lawfully make search of all the things contained in your commission
whereof search ought to be made according to the commission, and that
you will lawfully perform all the other things contained in the same,
and that you will lawfully charge yourself with that which you shall
find forfeited to the King and will make a lawful indenture thereof and
render a lawful account, and that you will spare none for love or for
favour, to have private gain, whereby the King may be a loser. So help
you God and his saints.
9. OPINIONS OF OFFICERS OF THE MINT ON THE STATE OF ENGLISH MONEY [_Rot.
Parl., III._, 126-7], 1381-2.
To our lord the King and to all the lords and commons of his realm, make
known, as they have often done before these times without being heard,
the officers over the moneys of the Tower of London, how for lack of
good ordinance no gold or silver comes into England, but of that which
is in England a great part has been and from day to day is carried out
of the land, and that which remains in England by fault of the deceit of
clippers and otherwise is become right feeble, and from day to day such
damage increases. Wherefore please it you to take good counsel and
remedy hereon, otherwise we, the said officers, warn you, and before God
and before you we will be excused, that if you do not apply a speedy
remedy thereto in short time to come, where you think to have 5s. you
will not have 4s.
_Richard Leicester._--First, as to this that no gold or silver comes
into England, but that which is in England is carried beyond the sea, I
maintain that it is because the land spends too much in merchandise, as
in grocery, mercery and peltry, or wines, red, white and sweet, and also
in exchanges made to the Court of Rome in divers ways. Wherefore the
remedy seems to me to be that each merchant bringing merchandise into
England take out of the commodities of the land as much as his
merchandise aforesaid shall amount to; and that none carry gold or
silver beyond the sea, as it is ordained by statute. And let a good
ordinance be made hereof, as well by search as otherwise. And so meseems
that the money that is in England will remain, and great quantity of
money and bullion will come from the parts beyond the sea.
As to this, that the gold is right feeble because of clipping, there
seems to me no other remedy than that gold be generally weighed by those
who shall take it; and hereon let proclamation be made, and this will be
a smaller loss than to change the money, as may be more fully declared.
As to this, that there is a great lack of halfpence and farthings, the
Master is bound by his indenture to make halfpence according to the
quantity of his work of silver. Let the Warden of the Mint be charged to
survey that the Master of the Mint do in all points that which
appertains to his office.
As to this, that the gold agrees not with the silver, it cannot be
amended unless the money be changed. And to change the money in any
manner seems to me universal damage to the lords, commons and all the
realm, as may be more fully declared.
As to this, that new money is made in Flanders and in Scotland, let
proclamation be made that all manner of moneys, as well of Flanders,
Scotland and all other countries beyond the sea whatsoever, be forbidden
from having any currency in England, and that none take them in payment
except to bring them for bullion to the coinage of our lord the King.
Further, it will be altogether for the better and a very great profit to
all the commons, that of the gold money now current, which is so clipped
and otherwise impaired, that of this money, when it shall come to the
Tower and to the coinage, henceforth our lord the King take for his
seigneurage, and the Master for the work for him and his other officers,
nothing more than 10d. in the pound.
Further there will be an increase of the money and profit to the whole
realm if of all other bullion the King take only 12d. for his
seigneurage and the Master of the Mint 12d. for his work.
_Lincoln, Goldsmith._--To the noble lords of the Council of our lord the
King, touching the charge which you have given me, please you to take
note of this answer.
Touching the first article, that gold and silver is taken out of the
realm, the first remedy against this is that no clerk or purveyor be
suffered to take any silver or gold or to make any exchange to be taken
to the Court of Rome, and no merchant be suffered to pay any money but
only merchandise for merchandise; and also that the money of the Noble,
at the same weight that it now is, be put at a greater value.
And touching the second article, the remedy is that all the money be of
one weight, so that the money that is not of the weight ordained be
bought according to the value.
And touching the third article, the remedy is that halfpence and
farthings be made in great plenty.
And touching the fourth article, the remedy is that there be one weight
and one measure throughout the realm and that no subtle weight be
suffered.
And touching the fifth article, the remedy is contained above in the
first article.
_Richard Aylesbury._--As to this, that no gold or silver comes into
England, but that which is in England is carried beyond the sea, we
maintain that if the merchandise which goes out of England be well and
rightly governed, the money that is in England will remain and great
plenty of money will come from beyond the sea, that is to say, let not
more strange merchandise come within the realm than to the value of the
denizen merchandise which passes out of the realm.
Further he says that it were good if the Pope's Collector were English
and the Pope's money were sent to him in merchandise and not in money,
and that the passages of pilgrims and clerks be utterly forbidden, upon
pain, etc.
And as to this, that the gold is too feeble because of clipping, there
seems to us no other remedy than that the gold be generally weighed by
those who shall take it, and hereon let proclamation be made.
As to this, that the gold agrees not with the silver, it cannot be
amended unless the money be changed, and to this we dare not assent for
the common damage that might befall.
As to this, that new money is made in Flanders and in Scotland, let
proclamation be made that all manner of money of Scotland be forbidden.
Let other moneys also that come from beyond the sea have no currency in
England, and let none take them in payment except at the value to bring
for bullion and to the coinage of our lord the King. And let none take
gold or silver out of the realm beyond the sea, as it is ordained by
Statute, and hereof let good ordinance be made as well by search as
otherwise.
And further he says, if it please by way of information, that [it would
be well] if the pound of gold that is now made in the Tower to the sum
of 45 nobles (which pound, because the money thereof is so clipped and
otherwise impaired, is worth at present, taking one with another, 41-1/2
nobles), were made into 48 nobles, the noble to be current at the
present value; and let the King and the Master and other officers of the
Mint take 20d. in each pound for the seigneurage and work and every
other thing.
PART II: 1485-1660
SECTION I
RURAL CONDITIONS
1. Villeinage in the Reign of Elizabeth, 1561--2. Customs of the
Manor of High Furness, 1576--3. Petition in Chancery for Restoration
to a Copyhold, c. 1550--4. Petition in Chancery for Protection
against Breach of Manorial Customs, 1568--5. Lease of the Manor of
Ablode to a Farmer, 1516--6. Lease of the Manor of South Newton to a
Farmer, 1568--7. The Agrarian Programme of the Pilgrimage of Grace,
1536--8. The Demands of the Rebels led by Ket, 1549--9. Petition to
Court of Requests from Tenants Ruined by Transference of a Monastic
Estate to lay hands, 1553--10. Petition to Court of Requests to stay
Proceedings against Tenants pending the hearing of their Case by the
Council of the North, 1576--11. Petition from Freeholders of Wootton
Basset for Restoration of Rights of Common, _temp._ Charles I.--12.
Petition to Crown of Copyholders of North Wheatley, 1629--13. An Act
Avoiding Pulling Down of Towns, 1515--14. The Commission of Inquiry
Touching Enclosures, 1517--15. An Act Concerning Farms and Sheep,
1533-4--16. Intervention of Privy Council under Somerset to Protect
Tenants, 1549--17. An Act for the Maintenance of Husbandry and
Tillage, 1597-8--18. Speech in House of Commons on Enclosures,
1597--19. Speeches in House of Commons on Enclosures, 1601--20.
Return to Privy Council of Enclosers furnished by Justices of
Lincolnshire, 1637--21. Complaint of Laud's Action on the Commission
for Depopulation, 1641.
The agrarian changes which attracted attention from the latter part of
the fifteenth century to the accession of Elizabeth, and again, to a
less degree, at intervals between 1558 and 1660, are a watershed in
economic history, separating mediæval from modern England as decisively
as did, in other departments of national life, the Reformation and the
Tudor monarchy. For the controversial questions surrounding their
causes and consequences we must refer the student to the list of books
given below. All that can be attempted here is to notice the special
points upon which the following documents throw light.
In arranging the documents in this section it seemed best not to group
them in strict chronological order, but to place together those relating
to similar aspects of the subject. Documents 1 to 6 illustrate the
status and tenure of different classes of landholders. By the beginning
of the sixteenth century personal villeinage has almost disappeared;
only one document therefore (No. 1) is given to it. Nor has it seemed
necessary to print documents referring specially to the freeholders who,
compared with other classes of tenants, were little affected by the
agrarian changes. On the other hand, the position of the customary
tenants, and of the lessees who farmed manorial demesnes, raises
important questions. Documents 2 to 4 illustrate manorial customs and
the way in which cases between lords and copyholders turned upon them
(Nos 3 and 4). Without entering into controversial questions with regard
to copyhold tenure one may say (_a_) that it is customary or villein
tenure to which the courts from the beginning of the fifteenth century,
first the court of Chancery--before which both these cases come--and
then the Common Law courts, have given protection, (_b_) that what the
Courts do is to enforce manorial customs, which vary from place to
place. It is, therefore, essential for a tenant who wants, _e.g._, to be
protected against eviction (No. 3), or against loss of profitable rights
(No. 4) to show that the lord is committing a breach of the custom.
Hence the dispute (No. 3) as to whether the land at issue is customary
land or part of the lord's demesnes. If it is the former the tenants are
likely to be protected by the Courts: if it is the latter, they are not.
The position of the capitalist farmer, who played so large a part in the
rural economy of the sixteenth century, is illustrated by documents 5
and 6. No. 5 is specially interesting as showing how the earlier
practice of dividing up the demesne lands among numerous small tenants
was replaced by that of leasing them in a block to one large farmer.
Documents 7 to 12 illustrate certain points which have already been
mentioned, _e.g._, the importance of manorial customs (Nos. 8, 10 and
12). But their peculiar interest consists in the light which they throw
on the grievances of the peasants. They suffer from enclosing (Nos. 7,
8, 10, 11), from excessive fines (Nos. 8, 9, 10, 12), and from rack
renting (Nos. 8, 9, 12). They are gravely prejudiced by the land
speculation following the dissolution of the monasteries (No. 9). They
are too poor and too easily intimidated to get redress even when they
have a good case (Nos. 10, 11, 12). The justices who ought to administer
the acts against depopulation depopulate themselves (No. 8). The
peasants' main resource is the Crown and its Prerogative Courts (Nos. 8,
9, 10, 12). Surely the government will protect men who make good
soldiers and pay taxes (No. 12)! Occasionally, however, they have some
hope of Parliament, _e.g._, in 1536, when the royal officials are in bad
odour in the North (No. 7), and under Charles I (No. 11). The exact date
of this last document is uncertain. May it not be 1640-1, when the Long
Parliament was going to restore all good customs?
Documents 13 to 21 illustrate the policy of the government towards the
agrarian problem. The government tried to stop depopulation partly for
financial and military reasons, partly through a genuine dislike of
economic oppression. Its main instruments were four, namely:--(_a_)
Statutes (Nos. 13, 15, 17, 18, and 19). Between 1489 and 1597 11 Acts
were passed which had as their object the prevention of depopulation,
viz., 4 Hen. VII, c. 19, 6 Hen. VIII, c. 5, 7 Hen. VIII, c. 1, 25 Hen.
VIII, c. 13, 27 Hen. VIII, c. 22, 5 and 6 Ed. VI, c. 5, 2 and 3 Phil.
and Mary, c. 2, 5 Eliz. c. 2, 31 Eliz. c. 7, 39 Eliz. c. 1, 39 Eliz. c.
2,. All these were repealed by 21 James I, c. 25, except the last, which
was repealed by the Statute Law Revision Act of 1863. (For a summary of
these Acts see Slater, _The English Peasantry and of the Enclosure
Common Fields, App. D._) (_b_) Royal Commissions. The first (No. 14) was
appointed in 1517: 6 others followed, in 1548, 1566, 1607, 1632, 1635,
and 1636 (No. 21). (_c_) Intervention by the Privy Council (Nos. 16 and
20). (_d_) The Prerogative Courts; viz., the Court of Requests (Nos. 9
and 10), the Court of Star Chamber (No. 21), the Council of the North
(No. 10), and the Council of Wales (Acts of the Privy Council, New
Series, Vol. XXX, pp. 36-7). How far their intervention was successful
is an open question, for a discussion of which reference must be made to
the books mentioned below.
AUTHORITIES
The more accessible of the modern writers dealing with agrarian
conditions from 1485-1660 are:--Cunningham, _English Industry and
Commerce, Early and Middle Ages_, and _ibid._, _Modern Times_, Part
I; Ashley, _Economic History_, Vol. I, Part II; Nasse, _The Land
Community of the Middle Ages_; Gonner, _Common Land and Inclosure_;
Page, _The End of Villeinage in England_; Hasbach, _The English
Agricultural Labourer_; Prothero, _Pioneers and Progress of English
Agriculture_, and _A History of English Farming_; Johnson, _The
Disappearance of the Small Landowner_; Tawney, _The Agrarian Problem
in the Sixteenth Century_; Russell, _Ket's Rebellion in Norfolk_;
Leadam, _The Domesday of Inclosures_, and in Trans. R.H.S. New
Series, Vol. VI; Gay, in Trans. R.H.S., New Series, Vols. XIV and
XVIII, and in _The Quarterly Journal of Economics_, Vol. XVIII;
Leonard, Trans. R.H.S., New Series, Vol. XIX; Savine in _The
Quarterly Journal of Economics_, Vol. XIX. A useful summary of the
principle Statutes against Depopulation is given by Slater, _The
English Peasantry and the Enclosure of the Common Fields_, App. D.
Full bibliographies of this subject are given in _Two Select
Bibliographies of Mediæval Historical Study_, by Margaret E. Moore,
and in _A Classified List of Printed Original Materials for English
Manorial and Agrarian History_, by Francis G. Davenport. The
following list of sources does not pretend to be exhaustive.
(1) Documents relating to agrarian history are printed in the
following works:--Northumberland County History; Baigent, Crondal
Records; Surveys of Lands belonging to William, first Earl of
Pembroke (Roxburghe Club); Topographer and Genealogist, Vol. I,
Surveys of Manors Belonging to the Duke of Devonshire; Chetham
Society, Survey of the Manor of Rochdale (ed. by Fishwick);
Davenport, History of a Norfolk Manor; Scrope, History of the Manor
and Barony of Castle Combe; Strype, Ecclesiastical Memorials; Selden
Society, Select Cases in the Court of Star Chamber and Select Cases
in the Court of Requests (both edited by Leadam); Leadam, The
Domesday of Enclosures; Tawney, The Agrarian Problem in the Sixteenth
Century, App. I; Cunningham English Industry and Commerce, Modern
Times, Vol. I, App. B.
(2) The principal contemporary literary authorities are as
follows:--J. Rossus (Rous), Historia regum Angliæ (about 1470, edited
by T. Hearne); More, Utopia (1516); Starkey, A Dialogue between
Cardinal Pole and Thomas Lupset (about 1537, Early English Text
Society, England in the Reign of King Henry VIII); Forest, The
Pleasant Poesy of Princely Practice (1548, _ibid._); Fitzherbert,
Surveying (1539), and Book of Husbandry (1534); Select Works of
Crowley (Early English Text Society); Lever's Sermons (Arber's
Reprints); The Common Weal of this Realm of England (about 1549,
edited by E.M. Lamond); Certain causes Gathered Together wherein is
shewed the Decay of England only by the great Multitude of Sheep
(Early English Text Society); Tusser, Five Hundred Points of Good
Husbandry (1572); Stubbes, Anatomy of the Abuses in England (1583);
Harrison, The Description of Britain (1587, most accessible in
Furnivall's Elizabethan England); Trigge, The Humble Petition of Two
Sisters (1604); Norden, The Surveyor's Dialogue (1607); Standish, The
Common's Complaint (1612), and New Directions of Experience to the
Common's Complaint (1613); Bacon, The History of King Henry VII
(1622); Powell, Depopulation Arraigned (1636); Fuller, The Holy and
Profane State (1642); Halhead, Enclosure Thrown Open, or Depopulation
Depopulated (1650); Moore, The Crying Sin of England in not Caring
for the Poor (1653); and A Scripture Word Against Enclosure (1656);
Pseudonismus, Considerations Concerning Common Fields and Enclosures
(1653); Lee, A Vindication of a Regulated Enclosure (1656).
1. VILLEINAGE IN THE REIGN OF ELIZABETH _[Tingey. Selected Records of
Norwich, Vol. VI, p. 180_], 1561.
Robert Ringwood brought in a certain indenture wherein Lewis Lowth was
bound to him to serve as a prentice for seven years, and Mr. John
Holdiche came before the Mayor and other Justices and declared that the
said Lewis is a bondman to my Lord of Norfolk's grace, and further that
he was brought up in husbandry until he was xx years old. Whereupon he
was discharged of his service.[254]
[Footnote 254: The above case is remarkable as illustrating (_a_) the
survival of villeinage as a working reality into the reign of Elizabeth;
(_b_) the use of Statute law (growing since the first Statute of
Labourers) to supplement the (legally) almost extinct jurisdiction of
lord over villein.]
2. CUSTOMS OF THE MANOR OF HIGH FURNESS [_R.O. Duchy of Lancaster;
Special Commissions; No. 398_], 1576.
[_Presentment of customs of the manor._]
For the Queen.
3. That the jury ought to present at the court after every tenant's
death or alienation, and who is his heir, and which tenant hath aliened,
and to whom, and what, and who ought to be admitted tenant to the same,
which presentment and admittance ought to be made in open court and be
entered by the steward ... in this form.
_Ad hanc curiam juratores presentant quod C.D. tenens customarius hujus
manerii, seisitus in dominico suo ut de feodo secundum consuetudinem
manerii unius messuagii etc, post ultimam curiam alienavit tenementa
predicta cuidam H.F. habenda et tenenda eidem H.F. et heredibus suis
secundum consuetudinem manerii, per quod predictus H.F. per
consuetudinem manerii debet solvere dominae Reginae pro ingressu suo
inde habendo 20s._
4. No person shall hereafter sell his customary tenement or any part of
it, before he first be admitted tenant or come to court, and require to
be admitted ... offering his fine for the same.
The purchaser of any tenement shall publish the sale at the next court
after the purchase, and cause it to be entered on the rolls, that her
Majesty may be duly answered of the fines, forfeitures and duties as
well of the seller as the purchaser [penalty 20s.]. Any purchaser not so
coming to the second court after the purchase shall forfeit 40s., and
the lands purchased shall be seized by the steward.
5. As heretofore dividing and portioning of tenements hath caused great
decay chiefly of the service due to her Highness for horses, and of her
woods, and has been the cause of making a great number of poor people in
the lordship, it is now ordered that no one shall divide his tenement or
tenements among his children, but that the least part shall be of the
ancient yearly rent to her Highness of 6s. 8d., and that before every
such division there shall be several houses and ousettes for every part
of such tenement.
Provided always that it be lawful for any one, who has bought any
tenement or farmhold under the yearly rent of 6s. 8d. having houses and
ousette upon it, which has been used as a dwelling house, [to leave it]
to which of his children he thinks best.
And no person holding any part of any tenement shall bargain or put it
away to any person except that person who is tenant of the residue of
the tenement, if he will buy it at a reasonable price. If not, the
tenant may sell it to any other customary tenant of the manor.
10. Every customary tenant and occupier shall uphold his houses
according to our custom, forfeiting 6s. 8d. _toties quoties_.
11. No person shall fell timber without delivery of the bailiff, who
shall deliver necessary timber to every tenant or occupier according to
our custom.
12. No tenant or occupier shall sell underwood, etc., nor cut down any
other man's wood in the lordship. Penalty 3s. 4d., half to her Highness,
half to the party grieved. Every tenant so grieved may have his action
for damages in the court of the lordship.
13. No tenant is to stop any common way nor turn aside a beck. Penalty
6s. 8d.
For the tenants.
1. Any tenant, lawfully seised of a messuage or tenement in fee to him
and his heirs according to the custom of the manor, might and may
lawfully give or sell the same by writing, and that the steward or his
deputy ought to be made privy to it at or before next court under
penalty of 20s.
The tenant may without the privity of the steward give his tenement in
writing by his last will to which of his sons he thinks best, or any
other person. If any customary tenant die seised of an estate of
inheritance without a will or devise, then his eldest son or next cousin
ought to have the tenement, as his next heir, according to the custom of
the manor.
2. If any customary tenant die seised of a customary tenement, having no
sons but a daughter or daughters, then the eldest daughter being
unpreferred in marriage shall have the tenement as his next heir, ...
and she shall pay to her younger sister, if she have but one sister, 20
years' ancient rent, as is answered to her Majesty; and if she have more
than one sister, she shall pay 40 years' ancient rent to be equally
divided among them.
3. The widow of any customary tenant having any estate of inheritance
ought to have her widowright, viz., one-third of the same, as long as
she is unmarried and chaste, according to our custom.
4. For the avoiding of great trouble in the agreements with younger
brothers, it is now ordered that the oldest son shall pay to his
brothers in the form following:--
If there is but 1 brother, 12 years' ancient rent.
If there are 2 brothers, 16 years' ancient rent, to be equally divided.
If there be 3 or more, 20 years' ancient rent, to be equally divided.
Provided that any father being a tenant may make a will dividing the
money among his sons as he think best, provided he exceed not these sums
and rates.
5. Whereas great inconvenience has grown by certain persons that at the
marriages of sons or daughters have promised their tenements to the same
son or daughter and their heirs according to the custom of the manor,
and afterwards put the tenement away to another person, it is ordered,
that whatever tenements a tenant shall promise to his son or daughter
being his sole heir apparent at the time of his or her marriage, the
same ought to come to them according to the same covenant, which ought
to be showed at the next court.
6. If a tenant has a child, not his heir, an idiot or impotent, and die
without disposition of his tenement, the same child shall be sustained
out of the said tenement by direction of the steward or his deputy and 4
men sworn in court.
7. Finally be it agreed that no bye-law shall be any way prejudicial to
her Majesty.
3. PETITION IN CHANCERY FOR RESTORATION TO A COPYHOLD [_Record
Commission. Chancery Proceedings, Ed. VI_], c. 1550.
Richard Cullyer and John Cullyer _v._ Thomas Knyvett, esquire.
To quiet Plaintiff in possession of certain land holden of the manor
of Cromwell in Wymondham by copy of court roll, according to the
custom of the said manor.
To the right honorable Sir Richard Rich, knight, lord Rich and lord
Chancellor of England.
In most humble wise sheweth and complaineth unto your lordship your
daily orators, Richard Cullyer of Wymondham in the county of Norfolk,
yeoman, and John Cullyer his son, that where one Edmund Mychell was
seised in his demesne as of fee of and in twenty acres of land lying in
Wymondham aforesaid, holden of the manor of Cromwell, in Wymondham
aforesaid, by copy of court roll at will of the lord of the said manor,
according to the custom of the said manor, which twenty acres of land
have used to be demised and demittable by copy of court roll for term of
life, lives, or in fee, to be holden at will of the lord of the said
manor by copy of court roll, according to the custom of the said manor
time out of remembrance of man; and the said Edmund Mychell, so being
seised of the said twenty acres, for a sum of money to him paid by the
said Richard Cullyer, the father, did surrender the said twenty acres
according to the custom of the said manor, by the name of twenty acres
of bond land enclosed in a close called Reading, in Brawyck, in
Wymondham aforesaid, into the hands of the lords of the said manor by
the hands of William Smythe, in the presence of Geoffry Symondes and
John Love, being then copyholders of the said manor, to the use of your
said orators, their heirs and assigns: By force whereof your said
orators, after that they had paid the accustomable fine due for the same
to the lords of the said manor, were admitted tenants thereof, to hold
the same, to them and their heirs, at will of the lord of the said manor
by copy of court roll, according to the custom of the said manor, and
from the time of the said surrender which was made, as is aforesaid,
thirty years past; and continued seised of the said twenty acres in
their demesne as of fee, as tenants at will, by copy of court roll,
according to the custom of the said manor; and have received and taken
the profits thereof, doing and paying the rents, customs and services of
the same to the lords of the same manor, according to the custom of the
said manor; and at their great travail, costs, and charges have stubbed,
drained, and dyked the premises, whereby they have improved the said
twenty acres and made it much better than it was at the time that the
same was surrendered to them as is aforesaid: And now so it is, right
honorable lord, that the moiety of the said manor is descended to one
Thomas Knyvett esquire, as son and heir to Sir Edmund Knyvett, knight,
deceased, who, of a covetous mind, contrary to the mind and without the
assent of one John Flowrdew, gentleman, who is tenant in common with
him of the said manor land, of late claimed ten acres of the said twenty
acres to be the demesnes of the said manor, and have prohibited your
said orators to occupy the same ten acres; and because your said orators
doth not leave the occupation thereof, the said Thomas Knyvett hath
divers times disturbed the possession of your orators in the premises by
taking of divers distresses, and now of late have taken and distrained
in the said close four steers and one bull of the value of five pounds,
of the goods and chattels of the said John Cullyer, one of your said
orators; which the said Thomas did impound and withhold from your said
orators until deliverance was made to him thereof by virtue of the
King's majesty's writ of _replevin_; which writ of _replevin_ is removed
into the King's court of his common pleas at Westminster, by a writ of
_recordere facias [sic]_, where the said suit doth yet depend
undetermined; and forasmuch as your said beseechers have no better
estate in the premises but as copyholders according to the custom of the
said manor, and that the court rolls of the said manor, whereby your
beseechers should prove the said twenty acres to be an ancient copyhold
land, do remain in the possession of the said Thomas Knyvett, and for
that also that your orators be poor men and the said Thomas Knyvett a
gentleman of great worship, your said poor orators be most like to lose
their said land, and to be clearly without remedy in the premises,
unless your lordship's favour be to them shewed in that behalf: In
consideration whereof, it may please your lordship to grant the King's
most gracious writ of _subpoena_, to be directed to the said Thomas
Knyvett, commanding him by virtue thereof personally to appear before
your lordship in the King's most honorable court of Chancery at a
certain day, and under a certain pain, by your lordship to be appointed,
then and there to answer the premises, and further to abide to such
order therein as shall seem to your lordship agreeing to equity and good
conscience; and your poor orators shall daily pray for the prosperous
estate of your good lordships in honour long to continue.
_Answer._
The answer of Thomas Knivet, esquire, to the bill of complaint of
Richard Cullyer and John Cullyer, plaintiffs.
The said defendant saith, that the said bill of complaint is uncertain
and untrue in itself, and insufficient in the law to be answered unto,
and that the matters therein contained be untruly surmised by the said
complainants to the only intent to put the said defendant to vexation,
trouble and cost, and is grounded of malice, they the said complainants
having no colour of right, title, nor interest unto the said land
mentioned in the said bill of complaint; and he, the said defendant, to
the matters contained in the same bill, doth think that he by the order
of the right honorable court shall not be compelled any further to
answer, but be dismissed out of the same for the insufficiency thereof,
with his reasonable costs and charges by him sustained in that behalf;
Yet nevertheless, if he, the said defendant, shall be compelled any
further to answer to the same bill, then he, the same defendant, for
further answer saith that the said land, lying in Brawyck Reading
mentioned in the said bill of complaint, is and have been time out of
mind parcel of the demesnes of the said moiety of the said manor of
Cromwell, in Wymondham; and he, the said defendant, for further answer
saith, that one Sir Edmund Knyvett, father to the said defendant, and
all his ancestors of long time before him, have been seised of one
estate of inheritance of the moiety of the said manor, and one-half of
the said manor of Cromwell, and that the said Sir Edmund, and all his
ancestors, of long time have been seised of the premises with the
appurtenances as parcel of the said manor, in their demesne as of fee,
and had the possession thereof, and so seised, died thereof by
protestation seised; after whose death the premises descended and came
and of right ought to descend and come unto the said defendant, as to
the son and next heir of the said Sir Edmund, by force whereof he, the
same defendant, entered into the premises, and was and is thereof seised
in his demesne as of fee, and the same complainants, claiming the
premises by force of a surrender made unto them, the said complainants,
by one Edmund Mychell in the time of one [_blank_] being guardian of the
said Sir Edmund, and having the custody of the body and lands of the
said Sir Edmund during his minority, where nothing in right nor law can
pass by the same surrender, but the same is utterly void to bind the
said defendant, did enter; upon whom the said defendant did re-enter, as
it was lawful for him to do, without that the said Edmund Mychell was
lawfully seised in his demesne as of fee, of the lands mentioned in the
said bill by copy of court roll at will of the lord according to the
custom of the said manor, as in the said bill is untruly alleged, or
that the said Edmund Mychell had any lawful interest in the same, or
could lawfully make any good or effectual surrender of the same to the
said complainants, or that the premises have been used to be demitted or
be demittable by copy of court roll for term of life or lives, or in
fee, to be holden at the will of the lord by copy of court roll,
according to the custom of the said manor time out of mind, as in the
said bill of complaint is also untruly alleged, for he, the said
defendant, saith that by divers ancient precedents and court rolls ready
to be shewed to your honourable court it may appear that the same hath
been letten for term of years by the lords of the said manor after the
time being unto them, by whom the said complainants claim; or that the
same Edmund Mychell for a sum of money to him paid by Richard Cullyer,
their father, did surrender the premises, as in the same bill is also
untruly alleged, for he, the said defendant, saith, that he the same
Edmund had no right nor lawful interest to surrender the same; and if
any such surrender were, yet the said defendant saith that the same is
verily void in law; or that the said complainants paid any fine for the
premises, or were admitted tenants to hold at the will of the lord, as
in the same bill is also untruly alleged. And if any such were, yet the
same being paid unto his father's said guardian, and their admission by
the said guardian, the premises being of the demesnes of the said manor,
ought not in no wise to bind him; and without that any other thing
mentioned in the said bill of complaint here in this answer not
sufficiently confessed, and avoided, traversed, or denied, is true or
material to be answered unto, all which matters the said defendant is
ready to aver and prove, as this right honorable court shall award.
Whereupon the said defendant prayeth to be dismissed out of this right
honorable court with his reasonable costs and charges by him sustained
in that behalf.
REPLICATION
The replication of Richard Cullyer and John Cullyer, to the answer of
Thomas Knyvett esquire.
The said complainants by protestation that the said answer is
insufficient in the law for further replication say that the said bill
of complaint is certain and sufficient in the law to be answered unto,
and for further replication say that the said twenty acres mentioned in
the said bill is ancient copyhold land, and have been used to be demised
by copy of court roll, according to the custom of the said manor of
Cromwell time out of remembrance of man, as is alleged in the said bill,
and say also that the said twenty acres lieth now enclosed and have lien
enclosed by the space of sixty years or thereabout with other lands and
tenements holden by copy of court roll of the manor of Gresshawgh in
Wymondham aforesaid, which said twenty acres about the first or second
year of the reign of King Henry the Seventh, before that time with other
of the said lands then also enclosed did lie open as fields, and in the
time of the reign of King Edward the Fourth the said twenty acres were
holden, used, and occupied by copy of court roll, according to the
custom of the said manor, to one Edmund Cullyer and his heirs, by the
name of the third part of one enclose called Reading, being bond or
customary land in Wymondham aforesaid, to hold the same to the said
Edmund and his heirs by copy of court roll, at will of the lord of the
said manor according to the custom of the said manor; upon which grant
the said Edmund paid a fine to the lord of the said manor and was
admitted tenant thereof, by force whereof the said Edmund Cullyer was
seised of the said twenty acres in his demesne as of fee by copy of
court roll at will of the lord of the said manor, according to the
custom of the said manor, and the said Edmund so being seised of the
said twenty acres, the same did surrender according to the custom of the
said manor to one Thomas Plomer and his heirs, by virtue whereof the
said Thomas Plomer was admitted tenant of the said twenty acres,
according to the custom of the said manor, and was seised of the said
twenty acres in his demesne as of fee according to the custom of the
said manor, and paid the accustomable fine thereof for the same to the
lord of the said manor, and did the other services and paid the rents
thereof according to the custom of the said manor; and the said Thomas
Plomer so being seised of the said twenty acres the same did surrender
according to the custom of the said manor to the said Edmund Mychell
named in the said bill, by virtue whereof the said Edmund Mychell was
lawfully admitted tenant to the premises, according to the custom of
the said manor, and was seised thereof in his demesne as of fee
according to the said custom, and paid the accustomable fine for the
same to the lord of the said manor, and did the services and paid also
the rents thereof accordingly, and the said Edmund Mychell so being
seised of the premises according to the custom of the said manor, the
same according to the said custom did surrender to the said
complainants, as is alleged in the said bill; by virtue whereof the said
complainants were admitted tenants of the premises and paid the fine
thereof, and have done all services, and paid the rents and customs
pertaining thereto, according to the custom of the said manor of
Cromwell, and hath bestowed great costs upon the same, whereby the said
twenty acres be much better than they were at such time as the said
complainants were admitted tenants thereto, as in the said bill it is
further alleged. And the said complainants do further reply and say in
all and everything as they before in their said bill have said, without
that,[255] that the said land lying in Brawicke Reading mentioned in the
said bill is and have been time out of mind of man parcel of demesnes of
the moiety of the said manor of Cromwell, or that the said Sir Edmund
had the possession of the said twenty acres, or were seised thereof,
otherwise than by the payment of the rents of the same by the said
complainants and others, that did hold the same by copy of the said Sir
Edmund; and without that the said Sir Edmund died seised thereof, or
that the same did descend to the said defendant as demesnes of the said
manor discharged of the said tenure, by copy of court roll according to
the custom of the said manor; for the said complainants say that the
said Sir Edmund during all his life did permit and suffer the said
complainants to enjoy the premises according to the custom of the said
manor, without let or gainsaying, which the said Sir Edmund would not
have done if the said complainants had not had a just right and title to
have had the same; without that, that the said complainants did claim
the premises only by a surrender made to the said Mychell by the
guardian of the said Sir Edmund during his minority, or that the
surrender made by the said Mychell during the minority of the said Sir
Edmund is void by the law or that the law is that nothing can pass by a
surrender made during the said minority, or that a surrender made then
is void, or that the premises have been letten for years as is alleged
in the said bill; and the said complainants for replication do reply and
say in all and every thing, matter, and sentence as they before in their
said bill have said; without that, that any other things in this
replication not sufficiently replied unto, denied, traversed, or
confessed and avoided is true, all which matters the said complainants
are ready to verify as this honorable court will award, and pray as they
before have prayed.
[Footnote 255: _i.e._ Not admitting.]
4. PETITION IN CHANCERY FOR PROTECTION AGAINST BREACH OF MANORIAL
CUSTOMS [R.O. _Chancery Proceedings; Series II, Bundle 196, No. 25_],
1568.
To the right honorable Sir Nicholas Bacon, knight, Lord Keeper of the
Great Seal of England.
In most humble wise sheweth and complaineth to your good Lordship your
daily orators John Wyat, John Blake, John Whittington, Thomas Knight,
Thomas Ellis, Thomas Moris, Richard Cooke, Symon Lucas, and Richard
Blake, with divers other poor men to the number of forty, customary
tenants of the manor of Slindon in the County of Sussex.[period? or
comma?] That where they and their ancestors and those whose estate they
have in the said customary tenements, parcel of the said manor (time out
of memory of man) have been seised to them and to their heirs for ever
according to the custom of the said manor, all and every which customs
of late one Anthony Kempe esquire, lord of the said manor, hath
diversely, contrary to conscience and equity, devised and imagined by
divers indirect means to break, annihilate, and infringe, and your said
orators hath diversely vexed and troubled by the order of the common
laws and menaceth to expel your said orators out of their several
tenements unless they will pay other customs and services than they of
right ought to do by the customs of the said manor. For where by the
custom of the said manor your Lordship's said orators and those whose
estate they or any of them have in the premises, have been lawfully and
quietly seised of the said tenements customary in their demesne as of
fee according to the custom of the said manor for the several services
thereupon due and accustomed, clearly discharged of all day works,
licences of marriage or fines for the same, and having always free
liberty to let all and singular the premises aforesaid without any
licence beforehand to be obtained of the lords of the said manor for the
time being, neither have further at any time done any manner of services
whatsoever out of the said manor: And also where after the death of
every of the said customary tenants, having a whole yardland, there hath
been due for heriot only the best beast, and if such have no beast, then
10s. in money only; and after the death of every tenant holding half a
yardland 6s. 8d. for relief only, and after the death of every cottager
6d. only, and at every alienation of a yardland 10s. in money, and at
every alienation of a half yardland 6s. 8d. in money, and at the
alienation of every cottage 6d., and at the death and alienation of
every tenant one whole year's rent only for and in the name of a fine,
over and besides the only heriot or relief aforesaid, and suit of court
and other services in this bill specified: And where by the further
custom of the said manor the lords of the said manor for the time being
by the custom of the said manor should make no seizure or forfeiture for
waste done in their cottages customary, unless the same be severally
presented at the several Courts to be holden one half year after
another, and the same yet then not reformed within one month after; And
where the cutting down of any the woods standing and growing upon their
several tenements customary for house-bote, fire-bote, plough-bote,
cart-bote, gate-bote and hedge-bote, and such like hath not heretofore
been taken for waste but always as lawful to do by the custom of the
said manor; And where also by the further custom of the said manor,
where any forfeiture is committed, perpetrated or done for any offence
whatsoever whereby there is given cause of seizure and forfeiture to the
lord of the manor for the time being, yet by the custom of the same
manor, the said forfeiture notwithstanding, they to whom the same so
forfeited should descend, remain, come, or grow after the death of such
tenant so offending, should and may lawfully claim all and singular such
tenements so forfeited or seized after the death of such offender, as
though no such forfeiture had been made; And where by the custom of the
said manor all and every the tenants of the said manor should and ought
to have from time to time in the woods of the lord of the said manor
sufficient timber for reparations of their said tenements customary at
the assignment of the lord or his officers, and if the lord the same
refuse to do upon reasonable request being thereof made to the said lord
or his steward of his court for the time being, if then their said
tenements decay, or fall down in default of reparations, there shall nor
ought any forfeiture or seizure to be made for any such waste; And where
the widows of the tenants customary of the said manor should and ought
by the custom of the said manor have their widow's estate for one penny
only; And where by their further custom the eldest son, brother or next
cousin, male or female, should inherit and have the said customaries and
after the decease of their ancestors only; And where by the custom of
the said manor it is lawful for the said tenants as aforesaid to assign
and demise the several tenements for years to any person or persons at
their will and pleasure, yet nevertheless by the custom of the said
manor it hath been lawful for the lord of the said manor misliking the
said undertenant upon one year's warning to expel and put out such
tenant, after which it shall be lawful for the said tenants that so did
demise or let their tenements to re-enter and the same to enjoy as
before, and after to let the same as before to any person or persons in
manner and form aforesaid, until such person shall be by the lord
misliked and expulsed as aforesaid; And where by the further custom of
the said manor the said tenants and every of them and their heirs and
assigns should and ought to have the masting of their own hogs in the
time of mast in the north woods of the said manor of Slindon, and
likewise the pasturing of their cattle and sheep in the said woods and
in all other the lord's commons of the said manor, paying for the
ovissing[256] and masting of every hog 2d. only; And whereas by the
further custom of the said manor the tenants aforesaid have and may at
their will and pleasure surrender into the hands of two tenants of the
said manor out of the court, or into the hands of the lord or his
steward in the court, to the use of any person or person of such estate
as they shall declare and limit upon the said surrender, yet
nevertheless by the custom of the said manor it is not lawful for any
tenant of the said manor to convey, surrender or alienate any one part,
parcel or piece of their tenement customary, unless he give and
surrender the whole to the use of one only person in possession; And
where the youngest tenant of any customary tenement for the time being
ought to be crier in the lord's court by the custom of the said manor:
All which customs are not only to be proved to be the old and ancient
customs of the said manor, but also now of late the said Anthony Kempe
hath by his deed indented declared the same to be true in manner and
form as it is before alleged; And where by the said Indenture the said
Anthony Kempe hath further, for and in consideration of a further and a
new rent of eight pounds to him granted, and for and in consideration of
twenty pounds to him paid, and for and in consideration to make a
perpetual and final end of all controversies heretofore moved and after
to be moved, doth further covenant and grant in the said indenture that
it shall be lawful for the customary tenants and copyholders of the said
manor to enclose, and sever, and severally to hold to them and to their
heirs and assigns forever six score acres of land, parcel of the wastes
of the lords of the said manor, wherein they now have common, in such
place convenient to be limited before the feast of Easter next coming,
by consent of two persons to be named by the said Anthony Kempe and two
other persons by the said tenants; All the which premises
notwithstanding, the said Anthony Kempe doth against all conscience
utterly deny unto your Lordship's said orators their said customs and
the aforesaid further agreement according to the said indenture, and
doth daily vex your said orators quietly to have and enjoy their said
customary tenants [_sic_] with their appurtenances according to the
customs aforesaid. May it therefore please your good lordship the
premises favourably tendering to grant the Queen's Majesty's writ of
_subpoena_ to be directed to the said Anthony Kempe commanding him
thereby personally to appear in this honourable Court at a day certain
in the said writ of _subpoena_ mentioned, then and there upon his
corporal oath to answer to the premises and to abide such order therein
as to your Lordship shall upon the truth of the matter appearing seem
according to equity; and your said poor orators shall daily pray to God
for the continual preservation of your honor.
EDWARD FENNER.
[Footnote 256: _i.e._ Pasturing.]
5. LEASE[257] OF THE MANOR OF ABLODE TO A FARMER [_Rolls Series.
Historia et Cartularium Monasterii Gloucestriæ, Vol. III, pp. 291-5_],
1516.
This indenture made on the 5th day of October in the seventh year of
King Henry VIII between William ... Abbot of St. Peter ... of the one
part and Richard Cockes and Catharine his wife ... and William and John,
sons of the said Richard and Catharine, of the other part, witnesseth,
that the aforesaid Abbot and Convent ... have leased, demised, and to
farm let to Richard, Catharine, William, and John, the site of their
Manor of Ablode, situated in the county of Gloucester, with all its
houses, buildings, arable lands, meadows, feedings and pastures,
dovecotes, weir, waters, fishpools, and rabbit warrens, with all and
everything thereto pertaining. And the said abbot and convent have
leased to the aforesaid ... divers goods and chattels, moveable, and
immoveable, pertaining to the said manor. ... Moreover the said abbot
and convent have leased to the said ... 320 sheep remaining for stock on
the said manor, priced per head at 16d., which amounts in all to the sum
of 21l. 6s. 8d., together with their meadows, pastures and all easements
... needed for the support of the said sheep.... Furthermore the said
abbot and convent have leased to the aforesaid ... divers lands and
demesne meadows belonging to the said manor, when the reversion thereof
shall in any way have occurred, which lands and demesne meadows are now
occupied by the customary tenants of the lord, as is plain from the
rental drawn on the back of the present indenture.... And it shall be
lawful for the aforesaid Richard, Catharine, William and John, or any of
them to introduce at their pleasure new tenants on all those demesne
lands aforesaid, now in the hands of the tenants there, whenever the
aforesaid reversion shall have fallen in.
[Footnote 257: The most interesting clauses in the lease are (_a_) that
which relates to the leasing of the stock of the manor ("Stock and land
lease"); (_b_) the last, which shows how the practice of leasing a manor
to one large farmer replaced the earlier practice of leasing parts of it
to numerous small tenants.]
6. LEASE OF THE MANOR OF SOUTH NEWTON TO A FARMER [_Roxburghe Club,
Surveys of the lands belonging to William Earl of Pembroke_], 1568.
John Rabbett holds to himself and his assigns, by an indenture dated
November 28 in the fourth year of Elizabeth, at a fine of £120, the
whole site of the farm of the Manor of South Newton in the county of
Wilts., all its demesne lands, meadows, marshes, pastures, commons,
fisheries, and the customary works of the tenants in South Newton,
Stovord, and Childhampton, with all and singular their appurtenances in
the above-mentioned South Newton belonging to the site and the farm or
of old demised to farm with the above-mentioned site, as fully as Lewis
ap Jevan had and occupied it, and also one virgate of land and one ham
of meadow, lying in the afore-mentioned South Newton, called the
Parson's yardland and ham with a sheep pasture, ... excepted and
altogether reserved to the lord and his heirs the advowson of the
vicarage there; the said John Rabbett and his assigns to have and to
hold the aforesaid ... from Michaelmas before this indenture for the
full term of 21 years, paying thence yearly to the lord for the
aforesaid farm and site with its appurtenances
per bs. 12d. 4l.
10 quarters of wheat
prec. cap. 4d. 6s. 8d.
20 capons,
per bs. 8d. 106s. 8d.
29 quarters of barley,
prec. cap. 4d. 6s. 8d.
20 pigeons,
per bs. 3d. 26s. 8d.
[_sic_]
10 quarters of oats
prec. cap. 4d. 4s.
12 great fish called great Trouts.
and for the aforesaid virgate of land ... 13s. at the usual terms, with
all other clauses and agreements, as is set forth at length in the
indenture placed in the register. And be it known that the grain,
capons, and pigeons and fish are valued at the rate written above the
head of each kind. And there belong to the farm of arable land 55 acres
in Middlefield, 60 acres in Westfield, and 60 acres in Eastfield, and
one meadow called Long Ham lying in a close and containing 11-1/2 acres,
and the cropping of one meadow called Duttenham lying in the west part
of Wishford containing 10-1/2 acres, one meadow called Beymeade
containing 4-1/2 acres lying on the north-west side of South Newton,
and one curtilage near the barn containing 2 acres, and a hill called
the Down estimated to contain 100 acres, and it is able to keep 500
sheep, 36 cattle, and 12 horses. And there belong to the aforesaid
virgate of land, called the Parson's Yardland, of arable land in
Southfield 6-1/2 acres, in Middlefield 8-1/2 acres, in Northfield 6
acres, and one ham of meadow, pasture for 10 cows, 1 bull, and 120 sheep
with the farmer, 14s.
4l.
Wheat 10 qrs.
106s. 8d.
Barley 20 qrs.
26s. 8d.
Oats 10 qrs.
6s. 8d.
Capons 20.
6s. 8d.
Pigeons 20.
4s.
Fish 12.
7. THE AGRARIAN PROGRAMME OF THE PILGRIMAGE OF GRACE [_Gairdner, Letters
and Papers, Hen. VIII, Vol_. xi, 1246], 1536.
9. That the lands in Westmoreland, Cumberland, Dent, Sedbergh, Furness,
and the abbey lands in Mashamshire, Kyrkbyshire, Notherdale, may be by
tenant right, and the Lords to have, at every change, 2 years rent for
gressum, according to the grant now made by the Lords to the Commons
there. This is to be done by Act of Parliament.
13. The statute for enclosures and intacks to be put in execution, and
all enclosures and intacks since 4 Hen. VII to be pulled down, except
mountains, forests, and parks.
8. THE DEMANDS OF THE REBELS LED BY KET [_Harl. MSS. 304, f. 75. Printed
by Russell, Ket's Rebellion in Norfolk, p. 48_], 1549.
We pray your grace that where it is enacted for enclosing that it be not
hurtful to such as have enclosed saffron grounds, for they be greatly
chargeable to them, and that from henceforth no man shall enclose any
more.[258]
We certify your grace that whereas the lords of the manors hath been
charged with certe free rent, the same lords hath sought means to charge
the freeholders to pay the same rent, contrary to right.
We pray your grace that no lord of no manor shall common upon the
commons.
We pray that priests from henceforth shall purchase no lands neither
free nor Bondy, and the lands that they have in possession may be letten
to temporal men, as they were in the first year of the reign of King
Henry the VII.
We pray that reed ground and meadow ground may be at such price as they
were in the first year of King Henry the VII.
We pray that all marshes that are holden of the King's Majesty by free
rent or of any other, may be again at the price that they were in the
first year of King Henry VII.
We pray that all bushels within your realm be of one stice, that is to
say, to be in measure viii gallons.
We pray that [priests] or vicars that be [not able] to preach and set
forth the word of God to his parishioners may be thereby put from his
benefice, and the parishioners there to choose another, or else the
patron or lord of the town.
We pray that the payments of castleward rent, and blanch farm and office
lands, which hath been accustomed to be gathered of the tenements,
whereas we suppose the lords ought to pay the same to their bailiffs for
their rents gathering, and not the tenants.
We pray that no man under the degree of a knight or esquire keep a dove
house, except it hath been of an old ancient custom.
We pray that all freeholders and copyholders may take the profits of all
commons, and there to common, and the lords not to common nor take
profits of the same.
We pray that no feodary within your shires shall be a councillor to any
man in his office making, whereby the King may be truly served, so that
a man being of good conscience may be yearly chosen to the same office
by the commons of the same shire.
We pray your grace to take all liberty of let into your own hands
whereby all men may quietly enjoy their commons with all profits.
We pray that copyhold land that is unreasonably rented may go as it did
in the first year of King Henry VII, and that at the death of a tenant
or at a sale the same lands to be charged with an easy fine as a capon
or a reasonable [sum] of money for a remembrance.
We pray that no priest [shall be chaplain] nor no other officer to any
man of honour or worship, but only to be resident upon their benefices
whereby their parishioners may be instructed with the laws of God.
We pray that all bond men may be made free, for God made all free with
his precious blood-shedding.
We pray that rivers may be free and common to all men for fishing and
passage.
We pray that no man shall be put by your escheator and feodary to find
any office unless he holdeth of your Grace in chief or capite above
xl._l_ by year.
We pray that the poor mariners or fishermen may have the whole profits
of their fishings as porpoises, grampuses, whales or any great fish, so
it be not prejudicial to your Grace.
We pray that every proprietary parson or vicar having a benefice of
xv._l_ or more by year shall either by themselves or by some other
person teach poor men's children of their parish the book called the
catechism and the primer.
We pray that it be not lawful to the lords of any manor to purchase
lands freely and to let them out again by copy of court roll to their
great advancement and to the undoing of your poor subjects.
We pray that no proprietary parson or vicar, in consideration of
avoiding trouble and suit between them and their poor parishioners which
they daily do precede and attempt, shall from henceforth take for the
full contentation [_i.e._ satisfaction] of all the tenths which now they
do receive but viiid of the noble in the full discharge of all other
tithes.
We pray that no man under the degree of [_blank_] shall keep any conies
upon any of their own freehold or copyhold unless he pale them in so
that it shall not be to the commons' nuisance.
We pray that no person, of what estate, degree or condition he be, shall
from henceforth sell the wardship of any child, but that the same child
if he live to his full age shall be at his own chosen concerning his
marriage, the King's wards only except.
We pray that no manner of person having a manor of his own shall be no
other lord's bailiff but only his own.
We pray that no lord knight nor gentleman shall have or take in farm any
spiritual promotion.
We pray that your Grace to give license and authority by your gracious
commission under your great seal to such commissioners as your poor
commons hath chosen, or as many of them as your Majesty and your council
shall appoint and think meet, for to redress and reform all such good
laws, statutes, proclamations, and all other your proceedings, which
hath been hidden by your justices of your peace, sheriffs, escheators,
and other your officers from your poor commons, since the first year of
the reign of your noble grandfather King Henry VII.
We pray that those your officers that hath offended your Grace and your
commons, and so proved by the complaint of your poor commons, do give
unto these poor men so assembled iiijd. every day so long as they have
remained there.
We pray that no lord, knight, esquire nor gentleman do graze nor feed
any bullocks or sheep if he may spend forty pounds a year by his lands,
but only for the provision of his house.
By me, Robt. Kett.
" " Thomas Aldryche.
Thomas Cod.
[Footnote 258: Some doubt has been expressed as to the interpretation of
these words. They should probably be read as referring to enclosures
made not by lords or by large farmers, but by the peasants themselves.
The rebels point out that a considerable number of people have spent
capital on hedging and ditching their lands for the better cultivation
of saffron, and therefore ask that, while other enclosures should be
pulled down, a special exception may be made in favour of this
particular kind of enclosure.]
9. PETITION TO COURT OF REQUESTS FROM TENANTS RUINED BY TRANSFERENCE OF
A MONASTIC ESTATE TO LAY HANDS[259] [_R.O. Requests Proceedings, Bundle
23, No. 13_], 1553.
Inhabitants of Whitby _v._ York.
To [the] Queen's Highness our most dread Sovereign Lady and to her
most honorable Council.
1553. Lamentably complaining sheweth unto your Highness and to ...
Council your poor obedient subjects and daily orators, poor husbandmen
the ... of Halkesgarthe and Senseker in Whitby Strand in the County of
York, that the said inhabitants, late being tenants of the dissolved
Monastery of Whitby [afore]said, after it was come into the hands of our
late sovereign lord King Henry ... and after that it did come to the
hands and possession of the late Duke of Northumb[erland] and of late
purchased of him by one Sir John Yorke, knight, who is now in possession
of the premises; which said Sir John Yorke hath lately been there and
kept court on the said premises at two sundry times; which said Sir John
Yorke of his extort power and might, and by great and sore threatenings
of the said tenants and inhabitants there, and by other means, hath
gotten from them all the leases [that were in their] custodies and
possession, and unreasonably hath raised and ... rents and excessively
hath gressomed, fined, pilled and ... maketh inquiry all about for your
poor orators with great ... do suppose if he could find them, he would
lay the ... because they should not be able to exhibit this their bill
of c[omplaint] ... and your said Council, how he hath fined them and
raised ... and yearly rents, if your said orators should still bear and
pay, appear by a bill hereunto annexed your orators hands or marks
thereto ... of the old [rents] the [ne]w by them ... to be paid unto the
said Sir John Yorke ... thereby shall be utterly undone in this world
... favour, help and succour with speedy [remedy] ... consideration of
the premises and forasmuch as your said orators and ancestors of your
said poor orators have holden and enjoyed the premises according to the
old ancient custom, old rents and old fines, as hereunder it may plainly
appear, without enhancing, or raising, without vexation or trouble, and
in consideration also that the said Sir John Yorke is a man of power and
might, lands, goods, and possessions ... greatly friended, and your poor
orators being sore afraid to be imprisoned by him, and also very poor
men, and not able to sue against him, nor hath no remedy but only to sue
... Majesty of your most gracious goodness ... said Council, to call
before your Majesty and your said C[ouncil] ... and to take order in the
premises, that your poor orators according to justice, right, and good
conscience may peaceably enjoy all the premises, paying their old
accustomed rents and fines, according as they and their ancestors have
done, time out of mind of man. And your said poor orators shall daily
pray to God for the prosperous preservation of your Majesty in your most
Royal Estate long to reign, and for your most honourable Council long to
continue.
Endorsed....
21 October
The tenants and inhabitants of Senseker and Halkesgarthe in Whitby
Strand in the County of York desire to have Sir John Yorke called before
the Council and to take order that your orators may have....
_The Names of the tenants of Halkesgarthe and Senseker._
The old The new And the
rent. rent. fine.
First John Coward 24s. 3l. 16d. 33s. 4d.
From Henry Russell 42s. 11-1/2d. 4l. 7s. 3d. 3l. 6s. 8d.
From Elisabeth Postgate,
widow 18s. 10d. 41s. 5d. 18s.
From Thomas Robynson 12s. 11-1/2d. 40s. 7d. 33s. 4d.
From John Robynson 10s. 2d. 33s. 4d. 33s. 4d.
From James Browne 16s. 1d. 36s. 10d. 24s. 6d.
From Robert Lyne 16s. 4d. 33s. 10d. 13s. 4d.
From John Nattris 7s. 8d. 15s. 10s.
From Robert Stor 23s. 5d. 50s. 2d. 15s
From Thomas Coward 14s. 9d. 31s. 2s. 6d.
From Thomas Hodshon 20s. 5d. 50s. 8d. 24s.
From William Walker 7s. 3d. 17s. 5s.
From Henry Tomson 11s. 3-1/2d.
From Henry Coverdaill 15s. 36s. 11s. 8d.
From Nicholas Grame 22s. 6d. 46s. 8d. 3s.
From William Postgate 28s. 7d. 3l. 6s. 8d. 23s. 6d.
From William Brown 13s. 4d. 26s. 8d. 24s.10d.
From Robert Jefrayson 14s. 30s. 3s. 4d.
From William Bois and
Robert Jefrayson 34s. 8d. 3l. 6s. 8d. 13s. 4d.
From Robert Barker 14s. 6d. 30s. 2s. 8d.
From Christofer Jefrayson 10s. 8d. 26s. 8d. 3s. 4d.
From Richard Colson and
Isabell Colson, widow 31s. 3l. 2s.
From Robert Sutton and
Kateryn Sutton, widow 23s. 4d. 53s. 4d. 36s. 8d.
From Thomas Postgate,
younger, and Henry
Russell 27s. 6d. 3l. 6s. 8d. 37s.
From Thomas Postgate the
elder, Suthwait house 18s. 3d. 46s. 8d. 23s. 4d.
From Robert Huntrodes 50s. 2d. 5l. 16s. 8d. 7s.
At Lammas last past my Lady Yorke at Whitby earnestly demanded of the
said Robert Michaelmas farm before hand, insomuch he durst not hold it
but paid it to her, the sum
of 58s. 4d.
From William Jakson, likewise paid 20s. for his farm afore hand.
From Maryon Huntrodes,
widow 50s. 2d. 5l. 16s. 8d. 7s.
Sum:-- Sum:-- Sum:--
28l. 19s. 8-1/2d. 64l. 9s. 9d. 23l. 15s. 8d.
[Endorsed.] Bill versus Yorke.
Orders and Decrees.
24th day of October in the first year of the reign of
Queen Mary.
Be it remembered that the cause brought afore the Queen's Council in Her
Majesty's Court of Requests at the suit as well of Robert Stor as
William Poskett and William Browne, tenants to Sir John Yorke, knight,
in the Lordship of Whitby in the County of York, is now ordered by the
said Council by the agreement of the said Sir John, who hath promised
that the said parties afore named, and every of them, shall have and
quietly enjoy their tenements and holds during the years and terms in
their leases and copies yet enduring, paying their rents and farms
accustomed without any interruption to the contrary or any other by him
or in his name or procurement.
[Footnote 259: This document, though very imperfect, is interesting as
illustrating (_a_) the land speculation which followed the dissolution
of the monasteries, (_b_) the rack-renting of tenants which such
speculation naturally produced.]
10. PETITION TO COURT OF REQUESTS TO STAY PROCEEDINGS AGAINST TENANTS
PENDING THE HEARING OF THEIR CASE BEFORE THE COUNCIL OF THE NORTH [_R.O.
Requests Proceedings. Bundle III, No. 24_], 1576.
_To the Queen's most excellent Majesty._
In most humble wise sheweth unto your Majesty your poor subject Thomas
Langhorne, and other the inhabitants and residents of the lordship of
Thornthwaite in your county of Westmoreland, that whereas your suppliant
and other of the inhabitants and residents of the lordship aforesaid,
and their ancestors time out of memory of man, have quietly had and
enjoyed from heir to heir according to their ancient custom in
consideration of their service to be in readiness with horse,[260]
harness and other furniture to serve your Majesty at their own costs and
charges in defence of your realm against the Scots, which custom hath
been sufficiently approved and allowed before your Majesty's President
and Council at York, as by a decree ready to be shewed more at large it
may appear. But so it is, and if it please your Majesty, that Sir Henry
Curwyn, knight, lord of the lordship aforesaid, hath since the beginning
of your Majesty's reign expelled out of one piece of Shapps parish
within the said lordship, where there was but thirteen tenants, twelve
of them he hath expelled and taken their land from them and enclosed it
into his demesnes, whereby your Majesty's service for the same is
utterly taken away: and also the said Sir Henry Curwyn, lord of the
lordship aforesaid, hath of late surrendered over the same lordship to
Nicholas Curwyn, gentleman, his son and heir, which Sir Henry and
Nicholas do excessively fine the poor tenants and specially your orator,
who was forced to pay them for the fine of his tenement, being but 13s.
10d. by year, 31l. 6s. 8d., and was admitted tenant to the said Nicholas
Curwyn, who notwithstanding hath contrary to all right and conscience
granted a lease of your subject's tenement to one Henry Curwyn, servant
to the same Nicholas, in the nature of an _ejection firm_[261] here at
the common law, and hath by your Majesty's writ arrested your orator to
appear in your Highness' Bench at Westminster to the utter undoing of
your said poor subject, his wife and five children for ever, being not
able to defend his rightful cause: May it therefore please your most
excellent Majesty that order may be set down by your Majesty and your
most honourable council that none of the lordship aforesaid may be
expelled out and from their tenant rights until their said custom shall
be tried and examined before the Lord President of York for the time
being, and that your Majesty's said subject may not be constrained to
answer any suit here at the Common Law concerning their tenant right.
And your said orators shall according to their bounden duties pray to
God for the preservation of your most Royal Majesty long to live and
reign over us.
[Endorsed.] 18 May, 1586.
Your humble subject Thomas Langhorne, one of the tenants of the lordship
of Thornthwaite in the county of Westmoreland, being molested in their
tenant right by one Henry Curwyn, servant unto Nicholas Curwyn, lord of
the said manor, desire most humbly that all actions at the Common Laws
here at Westminster might be stayed and the full hearing of the matter
reserved to the Lord President at York.
25 May, 18 Elizabeth.
Writ of injunction granted, as appears, etc.
[Footnote 260: For this form of customary tenure, "border tenure," see
_Northumberland County History_, _passim_.]
[Footnote 261: _i.e._ an _ejectio firmae_, an action of ejectment. See
Pollock and Maitland, _History of English Law_. Vol. II. p. 109.]
11. PETITION FROM FREEHOLDERS OF WOOTTON BASSETT FOR RESTORATION OF
RIGHTS OF COMMON [_Topographer and Genealogist, Vol. III_], _temp._
Charles I.
To the Right Honourable House of Parliament now assembled, the humble
petition of the Mayor and Free Tenants of the Borough of Wootton Basset
in the County of Wilts.
Humbly showeth to this Honourable House, That whereas the Mayor and Free
Tenants of the said Borough, by relation of our ancient predecessors,
had and did hold unto them free common of pasture for the feeding of all
sorts of other beasts, as cows, etc., without stint, be they never so
many, in and through Eastern Great Park, which said park contained by
estimation 2000 acres of ground or upwards; and in the second and third
year of the reign of King Philip and Queen Mary the manor of Wootton
Basset aforesaid came by patent into the hands and possession of one Sir
Francis Englefield, knight, who, in short time after he was thereof
possessed, did enclose the said park; and in consideration of the common
of pasture that the free tenants of the borough had in the said park did
grant, condescend and lease out unto the said free tenants of the said
borough to use as common amongst them that parcel of the said Great Park
which formerly was and now is called by the name of Wootton Lawnd, which
was but a small portion to that privilege which they had before it,
[and] doth not contain by estimation above 100 acres; but the free
tenants being therewith contented, the mayor and free tenants did
equally stint the said ground or common, as followeth:--that is to say
to the mayor of the town for the time being two cows feeding, and to the
constable one cow feeding, and to every inhabitant of the said borough,
each and every of them, one cow feeding and no more, as well the poor as
the rich, and every one to make and maintain a certain parcel or bound
set forth to every person; and ever after that inclosure for the space
of fifty and six years or thereabouts any messuage, burgage or tenement
that was bought or sold within the said borough did always buy and sell
the said cows-leaze together with the said messuage or burgage as part
member of the same, as doth and may appear by divers deeds which are yet
to be seen; and about which time, as we are informed and do verily
believe, that Sir Francis Englefield, heir of the aforesaid Sir Francis
Englefield, did by some means gain the charter of our town into his
hands, and as lately we have heard his successor now keepeth it; and we
do believe that at the same time he did likewise gain the deed of the
said common, and he thereby knowing that the town had nothing to show
for their rights of common but by prescription, did begin suits in law
with the said free tenants for their common, and did vex them with so
many suits in law for the space of seven or eight years at the least,
and never suffer anyone to come to trial in all that space, but did
divers times attempt to gain his possession thereof by putting in of
divers sorts of cattle, in so much that at length, when his servants did
put in cows by force into the said common, many times and present upon
the putting of them in, the Lord in his mercy did send thunder and
lightning from heaven, which did make the cattle of the said Francis
Englefield to run so violent out of the said ground that at one time one
of the beasts was killed therewith; and it was so often that people that
were not there in presence to see it, when it thundered, would say Sir
Francis Englefield's men were putting in their cattle into the Lawnd,
and so it was, and as soon as those cattle were gone forth it would
presently be very calm and fair, and the cattle of the town would never
stir but follow their feeding as at other times, and never offer to move
out of the way but did follow their feeding. And this did continue so
long, he being too powerful for them, that the said free tenants were
not able to wage law any longer; for one John Rous, one of the free
tenants, was thereby enforced to sell all his land (to the value of
£500) with following the suits in law, and many others were thereby
impoverished and were thereby forced to yield up their right and take a
lease of their said common of the said Sir Francis Englefield for term
of his life. And the said mayor and free tenants hath now lost their
right of common in the said Lawnd near about twenty years, which this
Sir Francis Englefield, his heirs and his trustees, now detaineth from
them. Likewise the said Sir Francis Englefield hath taken away their
shops or shambles standing in the middle of the street in the
market-place from the town, and hath given them to a stranger that
liveth not in the town.... And he hath altered and doth seek ways and
means to take the election of the mayor of our town to himself; for
whereas the mayor is chosen at the law-day and the jury did ever make
choice of two men of the town and the lord of the manor was to appoint
one of them to serve, which the lord of the manor refused, and caused
one to stay in two years together divers times, which is a breach of our
custom.
And as for our common we do verily believe that no corporation in
England so much is wronged as we are. For we are put out of all the
common that ever we had and have not so much as one foot of common left
unto us, nor never shall have any. We are thereby grown so in poverty,
unless it please God to move the hearts of this Honourable House to
commiserate our cause, and to enact something for us, that we may enjoy
our right again. And your orators shall be ever bound to pray for your
health and prosperity to the Lord.
[here follow 23 signatures.]
Divers hands more we might have had, but that many of them doth rent
bargains of the lord of the manor, and they are fearful that they shall
be put forth of their bargains; and then they shall not tell how to
live. Otherwise they would have set to their hands.
12. PETITION TO CROWN OF COPYHOLDERS OF NORTH WHEATLEY [_S.P.D. Charles
I, Vol. 151, No. 38_], 1629.
To the King's most Excellent Majesty.
The humble petition of your Majesty's poor and distressed tenants of
your manor of North Wheatley in the county of Nottingham belonging to
your Majesty's Duchy of Lancaster.
Most humbly shewing: That your poor subjects have time out of mind been
copyholders of lands of inheritance to them and their heirs for ever of
the manor aforesaid, and paid for every oxgang of land xvis. viiid.
rent, and paid heretofore upon every alienation xiid. for every oxgang,
but now of late, about 4_o_ Jacobi by an order of the Duchy Court they
pay xis. vid. upon every alienation for every acre, which amounteth now
to 45s. an oxgang.
And whereas some of your tenants of the said manor have heretofore held
and do now hold certain oxgangs of lands belonging to the said manor by
copy from 21 years to 21 years, and have paid for the same upon every
copy 2s., and for every oxgang 16s. 8d. per annum, they now of late, by
an order in the Duchy Court, hold the same by lease under the Duchy
Seal, and pay 6l. 13s. 4d. for a fine upon every lease and 16s. 8d. rent
with an increase of 6s. 8d. more towards your Majesty's provision.
And whereas in 11_o_ Edw. 4_i_, your petitioners did by copy of
court roll hold the demesnes of the said manor for term of years at 9l.
6s. 8d. per annum, they afterwards in 6_o_ Eliz. held the same demesnes
by lease under the seal of the Duchy for 21 years, at the like rent. And
ten years before their lease was expired, they employed one Mr. Markham
in trust to get their lease renewed, who procured a new lease of the
demesnes in his own name for 21 years at the old rent, and afterwards,
contrary to the trust committed to him, increased and raised the rent
thereof upon the tenants to his own private benefit to 56l. per annum.
And whereas the woods belonging to the said manor hath within the memory
of man been the only common belonging to the said town, paying yearly
for the herbage and pannage thereof 6s. 8d., they now also hold the same
under the Duchy Seal at 16l. 16s. 2d. per annum.
And whereas the court rolls and records of the said manor have always
heretofore been kept under several locks and keys, whereof your
Majesty's stewards have kept one key and your Majesty's tenants (in
regard it concerned their particular inheritances) have kept another
key; but now they are at the pleasure of the stewards and officers
transported from place to place, and the now purchasers do demand the
custody of them, which may be most prejudicial to your Majesty's poor
tenants.
Now forasmuch as your Majesty hath been pleased to sell the said manor
unto the City of London, who have sold the same unto Mr. John Cartwright
and Mr. Tho. Brudnell, gent.: and for that your petitioners and tenants
there (being in number two hundred poor men, and there being 11 of your
Majesty's tenants there, that bear arms for the defence of your
Majesty's realm, and 12 that pay your Majesty subsidies, fifteens, and
loans) are all now like to be utterly undone, in case the said Mr.
Cartwright and Mr. Brudnell should (as they say they will) take away
from your tenants the said demesnes and woods after the expiration of
their leases, and that your poor tenants should be left to the wills of
the purchasers for their fines, or that the records and court rolls
should not be kept as in former times in some private place, where the
purchasers and tenants may both have the custody and view of them as
occasion shall serve;
May it therefore please your sacred Majesty that such order may be taken
in the premises for the relief of your poor tenants of the manor
aforesaid, that they may not be dispossessed of the demesnes and leases,
and that they may know the certainty of their fines for the copyhold,
demesnes and leases, and may have the court rolls and records safely
kept as formerly they have been, and that your Majesty will be further
pleased to refer the consideration, hearing, ordering and determination
of the premises unto such noblemen, or other four gentlemen of esteem in
the country, whom your Majesty shall be pleased to appoint, that are
neighbours unto your tenants, and do best know their estate and
grievances. That they or any two or three of them may take such order,
and so settle the business between the purchasers and your poor tenants,
as they in their wisdom and discretion shall judge to be reasonable and
fitting, or to certify your Majesty how they find the same and in whose
default it is they cannot determine thereof. And your poor tenants as in
all humble duty bound will daily pray for your Majesty.
Whitehall, this 10th of November, 1629.
His Majesty is graciously pleased to refer the consideration of this
request to the commissioners for sale of his lands, that upon the report
unto his Majesty of their opinion and advice his Majesty may give
further order therein.
DORCHESTER.
13. AN ACT AVOIDING PULLING DOWN OF TOWNS [_7 Hen. VIII, c. 1. Statutes
of the Realm, Vol. III, pp. 176-7_], 1515.