Chapter XVIII: Section IV: The Manor (1)

1. Extent of the manor of Havering, 1306-7--2. Extracts from the
Court Rolls of the manor of Bradford, 1349-58--3. Deed illustrating
the distribution of strips, 1397--4. Regulation of the common fields
of Wimeswould, _c._ 1425--5. Lease of a manor to the tenants,
1279--6. Grant of a manor to the customary tenants at fee farm,
_ante_ 1272--7. Lease of manorial holdings, 1339--8. An agreement
between lord and tenants, 1386--9. Complaints against a reeve,
1278--10. An eviction from copyhold land, _temp._ Hen. IV.-Hen.
VI.--11. Statute of Merton, 1235-6--12. An enclosure allowed,
1236-7--13. An enclosure disallowed, 1236-7--14. A villein on ancient
demesne dismissed to his lord's court, 1224--15. Claim to be on
ancient demesne defeated, 1237-8--16. The little writ of right,
1390--17. Villeinage established, 1225--18. Freedom and freehold
established, 1236-7--19. A villein pleads villeinage on one occasion
and denies it on another, 1220--20. An assize allowed to a villein,
1225--21. A freeman holding in villeinage, 1228--22. Land held by
charter recovered from the lord, 1227--23. The manumission of a
villein, 1334--24. Grant of a bondman, 1358--25. Imprisonment of a
gentleman claimed as a bondman, 1447--26. Claim to a villein, _temp._
Hen. IV.-Hen. VI.--27. The effect of the Black Death, 1350--28.
Accounts of the iron-works of South Frith before and after the Black
Death, 1345-50.--29. The Peasants' Revolt, 1381.

The attempt to find an inclusive definition of the manor, true alike for every century and for all parts of the country, involves a risk of divorcing the institution from its historical associations, and of depriving it of its social and economic significance. The typical manor exists only in theory, actual manors being continuously modified by the inevitable changes due to the growth of population and commercial expansion. Such modifications of economic structure proceeded with great rapidity between the Conquest and the beginning of the fourteenth century. A comparison of the neat simplicity of the royal manor of Havering in Domesday Book (Section I., No. 10) with its highly complex organisation in the time of Edward I. (below, No. 1), reveals an extraordinary development; the 10 hides, 40 villeins and 40 ploughs of the one are represented by the 40 virgates of the other, but the elaborate hierarchy of tenants in the later survey throws into strange relief the primitive customary nucleus and gives it the appearance already of an archaic survival. It is reasonable to assume that the generation which immediately followed the Conquest witnessed a crystallisation of custom, which preserved untouched for centuries the lord's demesne and the common fields; while on the other hand the colonisation of the waste by progressive enclosures slowly altered the social balance, emphasising the disabilities of the villein class and widening the gulf between lord and customary tenant. The economic position of the customary tenants was becoming worse by the operation of natural laws, for not only was the subdivision of the virgates reaching its limits, but common rights were being continuously diminished by enclosure. Large numbers of the Havering virgaters in 1307 were occupying quite small holdings, while the purprestures, or encroachments on the waste, were becoming formidable. These considerations suggest that early manorial history can best be studied by investigations into the extent of enclosure in the twelfth and thirteenth centuries, and that concentration on the unprogressive nucleus of the manor, on villeinage and customary tenure, may well blind the student to the greater economic significance of the developments outside the common fields. It thus appears probable that the visitation of the Black Death will fall into place as an incident rather than an epoch.

The documents given below attempt to illustrate manorial history in both its praedial and its personal aspects. The essential features of the manor, in its legal aspect, namely, the customary court, customary tenure, and customary services, are shown in the Extent (No. 1) and the extracts from a Court Roll (No. 2), while the common-field system and the distribution of strips appear in Nos. 3 and 4. The commutation of service for rent (Nos. 1, 8, 9) and the transition from customary to leasehold tenure (Nos. 7, 10) show natural forces at work undermining the traditional economy; while the leasing of customary holdings (No. 7) or of a whole manor to all the tenants in common (No. 5) or to a farmer (No. 10), the grant of manors to the tenants at fee farm in perpetuity (No. 6), and the enclosure of waste (Nos. 1, 11, 12, 13), illustrate the wide range of variety possible in the actual management of the agricultural unit. There appears to be little doubt that the villeins suffered a considerable depression as the result of the Norman Conquest; their refusal, however, to acquiesce permanently in the changed conditions is clear from their continued efforts to rise out of their disabilities and to improve their social and economic status, a movement which begins by the attempts of individuals to climb in the scale by flight (No. 2), by claims to be on the king's ancient demesne (Nos. 14, 15), and by the bringing of actions before the justices of assize, a procedure open only to freemen (Nos. 17-22), and gathers force in the fourteenth century until it culminates in the "great fellowship" which organised a self-conscious class revolt throughout the country (No. 29). No. 16 is an instance of the little writ of right, one of the privileges of the favoured tenants on ancient demesne. Manumission was always a possible method of achieving freedom (No. 23), and it may be that the grant of a bondman (No. 24) was a stage in the process of emancipation. Manumission became common at a time when the demand for English wool was encouraging pasture at the sacrifice of tillage, but even in the fifteenth century men might suffer atrocious ignominy through the imputation of villeinage (Nos. 25, 26). The dislocation caused by the Black Death is dramatically illustrated in the Court-Roll (No. 2), the letter from the abbot of Selby (No. 27), and the accounts of the South Frith iron-works in the year before and the year after the first visitation (No. 28); it is to be noted, in the latter document, that for the years 1347-8 and 1348-9 there are no accounts extant at all.

AUTHORITIES

The principal modern writers dealing with the subject in this section
are:--Pollock and Maitland, _History of English Law_; Vinogradoff,
_Villeinage in England_; Ashley, _The Character of Villein Tenure_
(English Historical Review, VIII.); Rogers, _History of Agriculture
and Prices_; Rogers, _Six Centuries of Work and Wages_; Maitland,
_History of a Cambridgeshire Manor_; Bateson, _Mediæval England_;
Vinogradoff, _Oxford Studies in Social and Legal History, II._; Hone,
_The Manor and Manorial Records_; Elton, _Custom and Tenant Right_;
Gasquet, _The Great Pestilence_; Little, _The Black Death in
Lancashire_ (English Historical Review, V.); Oman, _The Great
Revolt_; Powell, _The Rising in East Anglia in 1381_.

_Documentary authorities_:--Durham Halmote Rolls (Surtees Society);
Custumals of Battle Abbey (Camden Society); Boldon Book Survey of
Possessions of the See of Durham (Surtees Society); Select Pleas in
Manorial Courts (Maitland, Selden Society); The Court Baron (Maitland
& Baildon, Selden Society); Cartulary of Ramsey Abbey (Rolls Series);
Inquisition of Manors of Glastonbury Abbey (Roxburgh Club);
Manchester Court Leet Records (Harland, Chetham Society). A large
number of manorial records are edited among the publications of the
Society of Antiquaries and County Record and Archæological Societies.

_Literary authorities_:--Robert Grossteste, _Epistoloe_ (Rolls
Series); Walter of Henley, _Husbandry_ (Lamond); _Piers Plowman_;
Chaucer, _Canterbury Tales_.

1. EXTENT OF THE MANOR OF HAVERING [_Rentals and Surveys, Roll_ 189], 1306-7.

The Manor of Havering extended by the order of the King before ... and Richard le Rus in the thirty-fifth year of the reign by Richard of the Elms (_de Ulmis_)[91]....

Who say on their oath that the King has there in demesne 223-1/2 acres of arable land, whereof the acre is worth 6d. a year.

Sum, 111s. 9d.

Further, 38 acres of arable land, which Adam de Rumford holds, which are of the demesne and were arrented by William Brito and his fellows, as is found below.

Further, 5 acres of arable land, which Walter le Blake holds, and they are of the demesne and were arrented by the same as below, etc.

Further, 15 acres of meadow, whereof each is worth 16d. a year.

Sum, 20s.

Further, 4 acres of meadow, which Baldwin le Blund holds, which are of the demesne and were arrented by the same as below, etc.

Further, 23 acres of several pasture, whereof each is worth 14-1/4d. a year.

Sum, 27s. 3-3/4d.

Further, they say that the King can have in the common pasture, to wit, in the woods, heaths and marshes, his oxen and cows, sheep, horses and swine and other his beasts at his will, and so that all the tenants of the same manor may have their beasts and all their cattle in the aforesaid common when they will. And if the King have no beasts in the common, he shall take nothing therefor.

Further, they say that the King has a plot of land in his park enclosed with hedge and dyke, which is called the King's garden; but it is not tilled; therefore there is no profit.

Further, they say that the King has there his park enclosed round with a paling, and as well the men of the same manor as others of the neighbourhood outside the manor ought to renew and repair that paling as often as need be,[92] according as is found below; and in that park no cattle nor any beasts ought to enter except by licence of the King's bailiff. And if any cattle or any beasts enter the same park without licence of the bailiff, they are forfeit and must be ransomed at the will of the bailiff, if they are foreign, and if they are of the manor, then they are to be ransomed for 1d. for each foot, if it please the bailiff to take so much.

Further, they say that the King has in the same manor three foreign woods pertaining to the aforesaid manor, which the King's bailiffs of the same manor have always had in keeping, together with the aforesaid manor, and they have had attachments and all other esplees[93] of the same woods, to complete the farm of the same manor, to wit, Westwode, Haraldeswode and Crocleph. And in those three woods all the tenants of the same manor ought to have common of herbage for all their beasts and all their cattle throughout the whole year, except between the feast of Michaelmas and the feast of Martinmas,[94] and then also there may enter into the same woods the horses of the aforesaid tenants, as also throughout the whole year, and the swine of the same tenants for pannage,[95] and no other beasts. And if sheep or oxen be found in the aforesaid woods, or geese, except when driven to the water or the market or elsewhere, so that they make no stay in the same, whosesoever they be, they ought to be imparked and kept until they shall have satisfied the King's bailiff for that trespass. And if within the aforesaid time any foreign beast, which does not belong to any tenant of the manor, be found in the aforesaid woods, the King's bailiff can ransom it, to wit, for 40d. for each ox or cow, or 1d. for each foot of each beast, or otherwise, as he shall please, within 40d. And if any foreign cart shall pass through the aforesaid woods within the aforesaid time, it shall give to the King's bailiff 1d. of custom. And if any foreigner shall drive his beasts through the aforesaid woods within the aforesaid time, he shall give to the King's bailiff 1d. of custom. And these customs are called "leph" within the aforesaid time.

Further, they say that the King's bailiff ought to have all the wood thrown down by the wind and all windfall wood in the aforesaid three woods within the aforesaid time, to complete the farm of the manor.

And the pannage of the whole manor and the aforesaid customs called "leph" and the wood and windfall wood within the aforesaid time are extended in the profit of the manor at 100s.

Further, they say that no men of the foreign neighbourhood ought to have common in the aforesaid woods at any time of the year, nor ought their beasts or cattle to enter the aforesaid woods except by licence of the bailiff. And if they enter, they ought to be imparked and kept until they shall satisfy the bailiff for that trespass.

Further, they say that every customary cart which carries wood or charcoal or any other thing of custom for sale and passes through any of the aforesaid woods shall give to the bailiff 4d. of custom.

Names of the tenants holding virgate lands, and rents of the same virgates and customs which pertain to them.

[Sidenote: 3-1/2 virgates.]

John de Walda holds 3-1/2 virgates with their homages appurtenant and renders 76s. a year at the two terms, without customs.

Sum, 76s.

[Sidenote: Virgate.]

Maurice Algar holds 1\2 virgate with its homages appurtenant and renders 9s. a year at the two terms.

William the Smith holds two parts of half a virgate with its homages appurtenant and renders 6s. a year at the two terms.

Richard Maneland holds a third part of half a virgate with its homages and renders 3s. a year at the two terms.

Sum, 18s.

[Sidenote: Virgate].

Richard de Dovere holds one virgate with its homage appurtenant and renders 30s. a year at the two terms; which virgate was of Hamo Peverel.

Sum, 30s.

[Sidenote: Virgate.]

Nicholas de la Hulle holds a fourth part of a virgate with homages and renders 5s. a year.

Walter de la Hulle holds a fourth part of a virgate with homages and renders 4s. 2d. a year at the two terms.

Richard son of Thomas de Bruera holds a fourth part of a virgate with homages and renders 30d. a year at the two terms.

William Annore holds a fourth part of a virgate with homages and renders 6s. a year at the two terms.[96]

Sum, 17s. 8d.

* * * * *

[Sidenote: Virgate.]

William Emeline holds a third part of a fourth part of a virgate and renders 20d. a year at the two terms.

William Snelling holds a third part of a fourth part of a virgate and renders 20d. a year at the two terms.

John Dasel holds a third part of a fourth part of a virgate and renders 20d. a year at the two terms.

William Trilling holds two parts of half a virgate and renders 10s. a year at the two terms.

William Don holds a third part of half a virgate with homage at the Faucur and renders 5s. a year at the two terms.

Simon Pecoc holds a third part of a fourth part of a virgate and renders 2s. 6d. a year at the two terms.

Isabel Pecoc holds a third part of a fourth part of a virgate and renders 2s. 6d. a year at the two terms.

Richard the Fuller holds a third part of a fourth part of a virgate and renders 2s. 6d. a year at the two terms. Sum, 27s. 6d.

[Sidenote: Half a Virgate.]

Henry de la Bruer holds a fourth part of a virgate and renders 7s. 6d. a year at the two terms.

Simon Pecoc holds an eighth part of a virgate and renders 3s. 9d. at the two terms.

Isabel Pecoc holds an eighth part of a virgate and renders 3s. 9d. a year at the two terms. Sum, 15s.

Sum total of rent of 39 virgates a year: 46l. 9s. 5-1/2d.

[Sidenote: Virgate.]

Further, John de Walda holds a virgate of land which was arrented first to the use of the King in the presence of William Brito and his fellows, approvers, and renders therefor 30s. a year of rent of assize.

And thus there are in all in the aforesaid manor 40 virgates of land which render yearly in rent of assize:

Sum, 47l. 19s. 5-1/2d.

Further, from works of the aforesaid 40 virgates 14l. yearly.

And be it known that each virgate ought to do all the works underwritten, and the works of each virgate are worth by themselves 7s. a year.

Virgate works.--Further, it is acknowledged by the aforesaid jurors that each virgate in the aforesaid manor owes all the customs underwritten, and so in proportion half a virgate and other parts according to the portion and quantity of land, as the virgate is divided, to wit, to plough 4 acres a year in the winter season, and the ploughing of each acre is worth 4d. Further, it ought to harrow those 4 acres, and the harrowing of each acre is worth 1/2d. Further it ought to thresh and winnow 1 quarter of rye for seed, and that threshing and winnowing is worth 2d. Further it ought to reap, bind and cock 4 acres, and this custom is worth 3d. for each acre, to wit, of rye. Further it ought to plough 4 acres in the summer season, and the ploughing of each acre is worth 3d. Further it ought to harrow those 4 acres, and the harrowing of each acre is worth 1/2d. Further it ought to thresh and winnow 1-1/2 quarters of oats, and the threshing and winnowing is worth 1-1/2d. Further it ought to reap, bind and cock 4 acres of oats, and that custom is worth 2-1/2d. for each acre. Further it ought to find two men for one day to hoe until noon, and that custom is worth 2d. Further it ought to find two men for one day to hoe in the summer season until noon, and that custom is worth 2d. Further it ought to carry the corn from the field of the lord the King to the grange with one waggon for one day until noon, and that carrying is worth 3-1/2d. Further it ought to find four men to lift the hay in the meadow of the lord the King for one day, and that custom is worth 2d. Further it ought to carry a waggonload of hay, and each carrying is worth 3d. Further it ought to manure with manure of the lord the King 4 selions[97] 40 perches in length in the next field ploughed for fallow, and that manuring is worth 4d. And it ought to do all these customs beforewritten at its own cost.

Sum of the aforesaid works, 6s. 2d. And of lawful increment for each virgate, 10d. a year. And thus the sum of the works of each virgate is 7s. a year.

Further, each virgate ought to enclose 6 perches of the paling of the park of the lord the King in the same manor with timber given by livery of the foresters and parkers. Further, all the tenants in the said manor ought to pay pannage for all the swine which they have between the feast of St. Michael[98] and the feast of St. Martin,[99] except those whom the King's charter protects, wheresoever they be within the manor, to wit, they owe a tenth part of the value of each pig which is worth more than 5d., whether there be acorns (_pesona_) or not; so nevertheless that for a pig worth more than 20d. the tenant shall give only 2d. Further all the tenants and sub-tenants throughout the bounds ought to guard the prisoners of the lord the King by night, except the cotmen, who ought to guard the said prisoners by day; and the prisoners ought to be imprisoned at the houses of the cotmen by night and day from house to house until their term be finished.

Names of the tenants of the forelands and rents of the same forelanders--

[Sidenote: Foreland.]

The relict of William Arnold holds 1 foreland
and renders yearly 2s.

Richard of the Elms holds 1 foreland and
renders yearly 4s.

John the Smith 3s.

John of the Oak of the burnt wood 18d.

Richard de la Strate 9d.

Arnewic May 12d.

Gilbert de la Berewe 3s. 4d.

William le Hettere holds 1 foreland and
renders yearly 1d. and a ploughshare
worth 6d. 7d.

John de Bollond 5s.

William Goldstan 2s.

Adam de Rumford 12d.

John de Haketon 2s.

Richard of the Elms 6d.

Nicholas de Wybrugge 4s. 4d.

Roger son of Elias holds 1 foreland which
Gerald le Petit held and renders yearly 3s. 6d.

Andrew de la Lake 22d.

The heirs of William son of Guy 10d.

Sum of the rents of the aforesaid forelanders yearly, 37s. 2d.

[Sidenote: Sum.]

Names of the tenants assigned to serve the King's table.

[Sidenote: Of the Table of the King.]

Simon Weyland holds the swineherd's land, and renders 1/2 mark a year, because there are no swine.

[Sidenote: Virgate.]

The heir of William the Weaver holds the shepherd's land, and renders 12s. a year, because there are no animals.

John le Messager holds one ploughman's land, and renders 12s. a year, because there is no plough.

Adam le Wardur holds another ploughman's land, and renders 12s. a year, because there is no plough.

William Anore holds the smith's land, and renders 5s. a year, because there is no plough.

Reckoned as a virgate for the works of the paling.

Sum of rents of the aforesaid lands of the King's table, 47s. 8d.

[Sidenote: King's Messenger.]

Geoffrey son of Peter holds 6 acres of land, for which land he ought to carry the writs of the lord the King, when they come in the manor of the lord the King, wheresoever the bailiff shall wish within the county, at his own cost, and receiving 1-1/2d. for going a reasonable day's journey out of the county and nothing for the return journey.

Names of the cotters and rents of assize of their tenements and the customs of the same.

[Sidenote: Cotters.]

[Sidenote: Virgate.]

Geoffrey Scurel holds one cotland and renders yearly 5s. and for works 49d.

Peter le Abbot and his partners hold one cotland and render yearly 4s. and for works 49d.

William son of Savary holds one cotland and renders yearly 4s. and for works 49d.

Juliana relict of Edmund and her partners hold one cotland and render yearly 5s. and for works 49d.

Richard del Ho holds one cotland and renders yearly 3s. and for works 49d.

William de Ros and Adam Pays hold one cotland and render yearly 5s. and for works 49d.

William de Uphavering the younger holds one cotland and renders yearly 5s. and for works 49d.

Reckoned as a virgate for the works of the paling.

[Sidenote: Sums.]

Sum of rents of assize of the aforesaid cotters yearly, 31s.

Sum of the same works yearly, 28s. 7d.

Sum of both, that is, rents of assize and the same works yearly, 59s. 7d.

Lands occupied over[100] the King and arrented by William Brito and his fellows.

Richard Hageman holds 16 acres of land of new purpresture[101] and renders yearly half a mark.[102]

* * * * *

[Sidenote: Sum.]

Sum, 102s. 11-1/2d.

Richard Segar holds two dayworks with a house of the same [_i.e._ of new purpresture] and renders yearly 8d.

The same holds 1-1/2 acres of old purpresture and renders yearly 6d.[103]

* * * * *

[Sidenote: Sum.]

Sum, 10l. 1s. 6d.

Edmund Prest holds 5 acres and renders yearly 10d.[104]

* * * * *

The prior of Hornchurch holds 66 acres and 2 dayworks of land and 1 rood of meadow of encroachment and renders yearly half a mark.

Richard de Dovere holds the watercourse from Romford bridge to the park of Havering, and for the watercourse from the end of the fishpond of the abbot of Waltham between Havering and Weald to the mete and bound of the limits of Havering as far as the watercourse extends, and renders yearly 12d.

Richard de Dovere holds 85 acres of demesne in several places and renders yearly 20s.

[Sidenote: Sum.]

Sum, 117s. 7d.

Sum total of all lands occupied over the King, 21l. 2s. 0-1/2d.

[Sidenote: Subtenants.]

Names of all sub-tenants in the town of Havering who have chattels to the value of 40d. of whom it is acknowledged by the aforesaid jurors that each such tenant ought to reap, bind and cock one acre of oats of the demesne of the lord the King in autumn, and to find one man to mow in the King's meadow for one day at his own cost. And every of them, according as they join in a plough for ploughing their own land, shall plough for the lord the King each year for one day at the summer ploughing and for another day at the winter ploughing.[105]

* * * * *

[Sidenote: Sum.]

Sum of the rents of the aforesaid sub-tenants without ploughing, 4l. 6s.

The King is in seisin of the wardship of the lands and heirs of all the tenants of the same manor, and can hold them when he deems it to his advantage, and then he shall have no heriot. And if he deem it not to be expedient for him to hold the wardship of the lands and heirs in his own hand, he can demise the same, and then he shall have a heriot and relief.

Further, they say that all the tenants of the same manor can marry their sons and daughters without licence of the King or of his bailiffs, except the cotmen.

Further, they say that the King can tallage all the tenants of the same manor, except those who hold by charters of Kings at their will, according to their means, when he tallage other his demesne manors.

Further, they say that the pleas of court can be worth 40s. a year.

Further, they say that heriots and reliefs and other perquisites can be worth in common years 53s. 4d.

Further, they say that view of frankpledge can be worth in common years 6s. 8d.

[Sidenote: Sum.]

Sum total of all sums of the same manor, 112l. 10s. 11-3/4d., except free tenants and the ploughing of sub-tenants and customary carts.

[Footnote 91: And 28 others named.]

[Footnote 92: _cf. above, Rectitudines, p. 5, under Geneat's Service_, "he must ... cut the deer-hedge and maintain it."]

[Footnote 93: Produce or profits.]

[Footnote 94: November 11.]

[Footnote 95: Food for swine.]

[Footnote 96: Thirty-one virgates follow in like detail.]

[Footnote 97: Strips.]

[Footnote 98: September 29.]

[Footnote 99: November 11.]

[Footnote 100: In feudal law seisin _or_ possession is conceived of as concrete rather than abstract. Any encroachment on the waste, therefore, is regarded as the imposition of a new seisin upon the old seisin, as an occupation over the lord, who in this case is the King.]

[Footnote 101: Encroachment.]

[Footnote 102: A hundred more similar entries follow.]

[Footnote 103: A hundred and two more similar entries follow.]

[Footnote 104: Thirty-nine more similar entries follow.]

[Footnote 105: 174 names follow.]

2. EXTRACTS FROM THE COURT ROLLS OF THE MANOR OF BRADFORD, CO. YORK [_Court Rolls_, 129, 1957], 1349-1358.

Court of Bradford holden on Saturday, the eve of St. Lucy the Virgin, 23 Edward III.[106]

[Sidenote: [m.20.]]

[Sidenote: Damages.]

Henry son of William the Clerk of Bradford, executor of the will of the said William, was summoned to answer Richard de Wilseden, chaplain, touching a plea wherefore he renders not to him 7s. 10d., which he owes him, because the aforesaid William, his father, whose executor he is, was bound to him, and which he ought to have paid him at Michaelmas last past, and which the same Henry still detains from him, to the heavy damage of the said Richard of 2s. etc. And the aforesaid Henry, being, present in court, cannot deny that he owes him the said money. It is therefore awarded that the same Richard recover against him the aforesaid 7s. 10d., together with his aforesaid damages. And the aforesaid Henry is in mercy for the unjust detention, etc.

[Sidenote: Mercy, 2d.]

* * * * *

[Sidenote: Entry, 2s.]

Amice, daughter and heir of Roger de Oulesnape, came here into Court and took a cottage and 4 acres of poor bondage land in the town of Stanbury after the death of the aforesaid Roger, to hold to her and her heirs according to the custom of the manor by the services, etc., saving the right, etc. And she gives to the lord 2s. of fine for entry. Pledge, Roger son of Jurdan.

[Sidenote: Entry, 2s.]

William Couper, who held a cottage and 4 acres of bondage land there, is dead; and hereupon came Roger, his son and heir, and took those tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 2s. of fine for entry. Pledge, Thomas de Kyghley.

[Sidenote: Entry, 3s.]

Robert son of Roger son of Richard, who held a toft and 8 acres of bondage land there, is dead. And hereupon came John, his brother and heir, and took those tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 3s. of fine for entry. Pledge, Roger son of Jurdan.

[Sidenote: Entry, 5s.]

Jordan de Stanbury, who held a messuage and 1/2 bovate of bondage land there, is dead. And hereupon came John, his son and heir, and took those tenements, to hold to him and his heirs by the services etc., saving the right, etc. And he gives to the lord 5s. of fine for entry. Pledges, John son of Roger and Roger son of Jurdan.

John de Oldefeld, who held a messuage and 1/2 bovate of bondage land there, is dead. And Alice, his daughter and heir, is of the age of half a year.

[Sidenote: Fine, 2s.]

And hereupon came John Swerd and took those tenements, to hold for a term of ten years next following fully complete, by the services, etc. And he gives to the lord 2s. of fine. Pledge, Adam de Oldefeld.

[Sidenote: Entry, 2s.]

Adam Dykson came here into Court and took a messuage and 1/2 bovate of very poor land, which was of Adam atte Yate, to hold according to the custom of the manor, by the services, etc., saving the right, etc. And he gives to the lord 2s. of fine for entry. Pledge, John de Helwyk.

[Sidenote: Entry, 5s.]

Roger Dikson, who held half a messuage and 1/2 bovate of land, is dead. And hereupon came Robert de Oldefeld, next friend of William, son and heir of the aforesaid Roger, and took those tenements to the use of the said William, to hold to him and his heirs, according to the custom of the manor by the services, etc. And he gives to the lord 5s. of fine in the name of the said William. Pledge, John Swerd.

[Sidenote: Fine, 2s.]

John Barne of Manningham, who held a messuage and a bovate of bondage land there, is dead. And hereupon came Margery his wife and took those tenements, to hold according to the custom of the manor for the term of her life by the services, etc. And she gives to the lord 2s. of fine. Pledge, John atte Yate.

[Sidenote: Fealties. Respite of acknowledgement of services.]

Margaret and Agnes, daughters and heirs of Hugh Browne, Alice, Joan and Juliana, daughters and heirs of John Kyng, Juliana, who was the wife of Hugh Kyng of Thornton, Robert son of John Bollyng and Elizabeth his wife, Alice, who was the wife of William le Clerk of Clayton, Alice, daughter and heir of Robert de Manyngham, and Thomas her husband, William, son and heir of Ellen Coke, and John (dead), son and heir of John de Wyndhill, came here into Court and did their fealties, and they have a day at the next Court to acknowledge their tenements and services, etc. and also to show their deeds etc.

Agnes Chapman came here into Court and took a small house in Bradford called the Smythhouse, to hold at the will of the lord by the services. And she gives to the lord 18d. of fine to have such estate, etc.

[Sidenote: Fine, 12d. (_sic_.)]

[Sidenote: Entry, 8s.]

William Barne, who held 2 messuages and 2 bovates of bondage land in Manningham, is dead. And hereupon came Hugh, his brother and heir, and took the aforesaid tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 8s. of fine for entry. Pledges, Thomas de Chellowe and John his son.

[Sidenote: Entry, 10s.]

Richard Gilleson, who held there in the same manner 2 messuages and 2 bovates of land, is dead. And hereupon came John, his son and heir, and took those tenements, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And he gives to the lord 10s. of fine for entry. Pledges, Hugh Barne and the whole homage, etc.

[Sidenote: Entry, 10s.]

John son of Richard Gillesson came here into Court and rendered into the hands of the lord 2 messuages and 2 bovates of very poor land there to the use of Thomas de Chellowe for ever. Which tenements were afterwards granted to the same Thomas, to hold to him and his heirs according to the custom of the manor by the services, etc., saving the right, etc. And the same Thomas gives the lord 10s. of fine for entry. Pledges, Hugh Barne and John Gilleson.

[Sidenote: Fine, 2s.]

William Wilkynson, who held there in like manner a messuage and a bovate of land, is dead, and Alice his daughter and heir is of the age of half a year. And hereupon came John Magson, her next friend, to whom, etc.[107] and took the wardship of the aforesaid land and heir until her full age, etc., by the services, etc. And he gives to the lord 2s. of fine for entry. Pledges Hugh Barne and Thomas de Chellowe.

[Sidenote: Fine respited.]

Thomas Neucomen, who held a messuage and a bovate of bondage land in Bradford, is dead. And hereupon came Margery, daughter and heir of the same Thomas, and took the aforesaid tenements, to hold to her and her heirs according to the custom of the manor by the services, etc., saving the right, etc. And the fine for entry is put in respite until the next court.

[Sidenote: Distraint.]

[Sidenote: Tenements to be seized.]

William Tompsey of Bradford, the lord's bondman, who held a messuage and a bovate of bondage land in Bradford, is a runaway, because [he holds] other tenements in Moreton by York by hereditary descent. Therefore he is distrained to dwell on the tenement here. Let the tenements at Moreton be seized into the lord's hand, etc.

[Sidenote: Respite.]

William Clerk of Clayton, who held a messuage and 2 bovates of land in Clayton by knight service, is dead. Let William, his son and heir, of the age of two years, together with the tenements aforesaid, be seized into the hands of the lord the Earl. And hereupon comes Alice, who was the wife of the same William Clerk, and says that she was jointly enfeoffed of the aforesaid tenements with the aforesaid William, her husband, and craves a day at the next Court to show her charters thereof, and has it. William, the son and heir, is committed to the wardship of the aforesaid Alice to be kept safely without a wife. Pledges, William son of Adam of Horton and Roger del Holyns.

[Sidenote: Fine, 10s.]

Whereas before these times a stall was taken from the lord's waste in the market place of Bradford to be holden by the services of 6d. a year, and hereupon one Adam Notebroun, receiver of the money of the lord the Earl [took it], to hold in the said form, etc., and afterwards the same Adam alienated that stall to one Hugh son of Thomas in fee for [20s.], on account whereof the stall was seized into the lord's hand according to the form of the statute; and hereupon the same Hugh comes here and says that he took the stall for 20s. and paid only 10s. thereof to the same Adam, etc., and craves that he [may pay the said 10s.] and hold the stall in the form in which [it was held] after it was taken; which is granted to him by the steward. Pledge for payment, of the aforesaid 10s. ... And order is made to levy from the aforesaid Adam another 10s. to the use of the lord, unless he may have better grace by the counsel of the lord, etc.

[Sidenote: Inquisition of office.]

It is presented by William de Berecroft ... that Thomas son of Thomas 12(d.), Ralph atte Tounhend (8d.), William ... (12d.), and William son of John (6d.) exercise the trades of tanner and shoemaker. Therefore they are in mercy. And it is ordered that they be attached to abjure, etc.

[Sidenote: Mercy, 10d.]

Further, they present that Hugh son of Thomas exercises the trade of butcher together with the trades of shoemaker and tanner. Therefore it is ordered that he be attached to abjure those two trades, etc.

[Sidenote: Mercy, 12d.]

Further, that Alice Geldoghter and Adam Notebroun are bakers and sell bad bread contrary to the assize. Therefore they are [in mercy].

* * * * *

Sum of this tourn, with waifs and strays, 24s. 1d.

* * * * *

Court of Bradford holden on Thursday next before the feast of St. Gregory the Pope, 24 Edward III.

* * * * *

[Sidenote: Acknowledgment of service.]

Thomas le Harpour and Alice his wife, daughter and heir of Robert de Manynghame, come here into Court and acknowledge that they hold of the lord a messuage and a cottage and 8 acres of land by knight service by homage and fealty and suit of court every three weeks, rendering therefrom yearly 2s. at the usual terms; and they give to the lord 4s. for relief.

* * * * *

[Sidenote: Fine, 1/2 mark.]

William Iveson came into Court and made fine with the lord by 1/2 mark for licence to exercise the trades of tanner and shoemaker until Michaelmas next. Pledge, William son of Hugh the Bailiff.

* * * * *

[Sidenote: [m. 31.]]

Court holden at Bradford the day and year aforesaid.[108]

[Sidenote: Leyrwite.]

Agnes Chilyonge of Manningham, the lord's bondwoman, came here in Court and made fine of 12d. with the lord for her leyrwite[109]; pledge, William Walker; and the fine is not more because she is very poor and has nothing.

[Sidenote: [m. 32.]]

Court holden at Bradford on Friday next before the feast of the Nativity of St. John the Baptist, 28 Edward III.[110]

[Sidenote: Fine, 20s.]

John Abbot, William son of Henry de Allerton, John Dughti, Robert de Oldfeld, and Adam de Oldfeld, who mainprised[111] for the aforesaid John Abbot to keep the peace towards all persons and specially towards Roger Fairegh, under a penalty of 10l. to be paid to the lord Duke, now, because the aforesaid John Abbot beat and evilly entreated the aforesaid Roger Fairegh, on account whereof the aforesaid penalty of 10l. ought to be levied from the aforesaid John Abbot and his mainpernors,[112] because the express cause for which the aforesaid penalty should be rightly levied is now come to pass; nevertheless, the aforesaid lord Duke, mindful that they are all his bondmen, and regarding their poverty, has granted of his special grace that the aforesaid John Abbot and his mainpernors may make fine of 20s. for the aforesaid 10l. forfeited, to be paid at Michaelmas next; and each of them is the others' pledge.

[Sidenote: Merchet].

Roger son of Roger de Manynghame has made fine of 1/2 mark for the merchet of Cecily his wife, the lord's bondwoman; pledge, Thomas de Manynghame.

[Sidenote: Merchet.]

Thomas Gabriell has made fine of 1/2 mark in like manner for the merchet[113] of Maud his wife, the lord's bondwoman; pledge, Thomas de Tiresale.

[Sidenote: Fine, 6d.]

Thomas de Tiresale has made fine of 6d. with the lord for licence to have John son of Roger Childyong, the lord's bondman, in his service until Michaelmas next, so that he then render the aforesaid John to the lord's bailiffs, etc.

[Sidenote: Chevage.]

Agnes daughter of Adam atte Yate, the lord's bondwoman, has made fine for her chevage[114], for licence to dwell wheresoever she will, to wit, 6d. to be paid yearly at Michaelmas and Easter in equal portions; pledge, Robert atte Yate.

[Sidenote: Distrain.]

It is presented by Roger Judson, Thomas son of Roger, Thomas Gabriel, Adam del Oldfeld, Robert de Oldfeld, and John atte Yate, that Cecily de la More,[115] the lord's bondwoman, has been violated by John Judson; therefore let her be distrained to make fine therefor with the lord.

[Sidenote: Distrain.]

Further, it is presented that Isabel daughter of William Childyong, the lord's bondwoman, has married one William Cisson, a free man, without licence. And Alice daughter of John Gepson, the lord's bondwoman, has married one William del Hale, a free man, at Beston, without licence; therefore let them be distrained to make fine with the lord for their merchet, etc.

[Sidenote: Inquest.]

Let inquest be made touching the sons and daughters of William del Munkes, who dwell at Darthington and are the lord Duke's bondmen and bondwomen of Bradford, etc.

[Sidenote: Arrest.]

Further, it is presented that Alice daughter of William Childyong, the lord's bondwoman, dwells at York; therefore let her be taken, etc.

Sum of this Court:--35s. 3d. {Merchets, 13s. 4d. Thereof further for chevage, 6d. {Perquisites, 21s. 11d.

[Sidenote: [m. 45 d.]]

Court holden at Bradford on Wednesday, 12 December, 32 Edward III [1358].

[Sidenote: Day given under a penalty.]

Again Anabel del Knoll has a day, as above,[116] to rebuild a house on a plot of land which she holds of the lord at will, and under the same penalty as in the Court preceding.

[Sidenote: Arrest bondmen.]

It is ordered, as many times before, to take William son of Richard Gilleson, Roger son of William del Mersh, dwelling with John de Bradlay, Thomas son of John atte Yate, William son of William Childyong (in Pontefract), Alice daughter of John atte Yate (in Selby), Alice daughter of William Childyong (in Methelay), and William son of William Childyong, the lord's bondmen and bondwomen of his lordship here, etc., who have withdrawn without licence, and to bring them back hither until [they make fine for their chevage].

* * * * *

[Sidenote: [m. 46.]]

[Sidenote: Mercy, 4d.]

[Sidenote: Without a day.]

Roger son of Roger makes plaint of Alice de Bollyng [in a plea] of trespass, pledge to prosecute, William Walker, to wit, that she has not made an enclosure which she is bound to make between his holdings and her own holdings in Mikelington, so that for lack of enclosure there divers cattle entered and fed off his corn, to wit, his rye and oats and grass, to his damages of 10s. And the aforesaid Alice defends and says that the aforesaid Roger, and not she, is bound to make an enclosure there, and hereon she puts herself upon the country. But the jurors hereupon elected, tried and sworn, say on their oath that the aforesaid Roger is bound to make the aforesaid enclosure between the aforesaid holdings. And therefore it is awarded that the aforesaid Roger be in mercy for his false claim, and that the said Alice go without a day.

[Sidenote: Mercy, 2s.]

It is presented by the parker that William Walker (6d.) with 11 beasts, Roger de Manyngham (4d.) with 3 beasts, John de Gilles (2d.), Thomas Staywal (2d.) with one beast, Roger Megson (2d.) with one beast, Denis Walker (2d.), Richard Wright (4d.) with 2 beasts and William Coke (2d.) with a horse, have fed off the grass of the lord's wood in Bradfordbank; therefore they are in mercy.

[Sidenote: Mercy, 12d.]

Again it is presented that William Notbroun (6d.) and Adam Notbroun (6d.) with their cattle have broken down the hedge around the lord's wood, and with the said cattle have fed off the grass of the lord's wood; therefore they are in mercy.

[Sidenote: Mercy, 10d.]

Again it is presented that Richard Milner of Idel (6d.), Richard Baillif (2d.) and William Smyth of Caleshill (2d.) have carried millstones over the lord's soil here without licence; therefore they are in mercy.

[Sidenote: Fine, 26s. 8d.]

[Sidenote: Chevage, 2s.]

Again it is presented by John de Denholm, John Judson, Adam Dikson, Robert del More, Thomas de Chellowe, Hugh Barn, Robert atte Yate, John atte Yate, Richard Curtays, John Rous, Roger Johanson and John de Gilles, that William Tomse, the lord's bondman, dwelling in Moreton by York, Roger de Stanbiri, the lord's bondman, dwelling in Wirkley, and John Bonde, dwelling in Sighelesden, and John son of Roger son of William del Mersh, dwelling with John de Bradlay, the lord's bondmen here, have withdrawn without licence; and hereupon order was made to take them all, so that they be [here] until, etc. And the aforesaid William Tomse and Roger de Stanbiri were taken and were brought before the steward at Pontefract on Saturday next after the feast of the Circumcision of the Lord. And the aforesaid William Tomse there made fine of 26s. 8d. before the said steward, to wit, in order to have his goods at the steward's will,[117] to be paid at the feasts of St. Peter's Chains and St. Michael next by equal portions. And also the aforesaid William made fine for chevage, to wit, a fine of 2s. to be paid yearly at the feasts of Whitsunday and St. Martin in Winter by equal portions; and William Cooke of Brotherton became his pledge as well for his yearly chevage as for his other fine for his said goods. And Roger de Stanbiri likewise on the same day was brought before the aforesaid steward at Pontefract and made fine of 20s. to have his goods at the steward's will, to be paid at the terms of Easter and Michaelmas next; and also the aforesaid Roger made fine of 12d. for his chevage, to be paid yearly at the terms aforesaid; and Thomas Dantrif became his pledge as well for his yearly chevage as for his fine aforesaid. And it was granted to the same William and Roger that they may stay outside the lordship here in the places where they were staying before, and that too at the lord's will, for their chevages aforesaid, to be paid yearly, as is aforesaid.

[Sidenote: Fine, 20s.]

[Sidenote: Chevage, 12d.]

[Sidenote: Take bondmen.]

And order is made to take all the other bondmen named above, because they come not, and to bring them back hither to their nests until, etc.[118]

* * * * *

Sum of this Court:--51s. 9d., the whole perquisite. Further from chevage as above:--3s. a year to be paid at the terms as above.

[Footnote 106: December 12, 1349, the year of the Black Death. The monotonous death roll is noteworthy.]

[Footnote 107: _Sc._ the inheritance cannot descend.]

[Footnote 108: Monday before May 1, 1354.]

[Footnote 109: Fine on giving birth to an illegitimate child.]

[Footnote 110: Friday before June 24, 1354.]

[Footnote 111: _i.e._ Became sureties.]

[Footnote 112: _i.e._ Sureties.]

[Footnote 113: _i.e._ Fine upon marriage.]

[Footnote 114: _i.e._, head-money, a fine paid yearly by bond-tenants dwelling away from the manor.]

[Footnote 115: _Interlined above_ Cecily _is_ Roger Judson.]

[Footnote 116: Anabel has persistently refused to rebuild the house during the last six years; she discharges her obligation two years later [m.50].]

[Footnote 117: _i.e._ In order to retain his own possessions during the steward's good pleasure. In law a bondman's goods belong to his lord.]

[Footnote 118: _cf._ Bracton, _De Legibus Anglie, ff. 6 b. and 7._ "Serfs are under the power of their lords, nor is the lord's power loosed so long as they abide in villeinage, waking and sleeping, whether they hold land or not. Moreover, if they are not abiding in villeinage, but wandering abroad through the country, going and returning, they are always under the power of the lords, so long as they return; and when they have lost the habit of returning, they begin to be runaways, after the likeness of tame stags. Moreover, if when they are abroad as merchants or wage-earners they pay chevage at fixed times ... and so long as they pay chevage, they are said to be under the power of the lords, and the lord's power is not loosed. And when they cease to pay they begin to be fugitives ... and ought to be pursued forthwith." And _ibid. f._ 26. "It was said in the King's court before the justices of the Bench at Westminster by John de Metingham and his fellows, justices there, that if a bondman born and bred shall be a runaway ... and shall have returned and be found on the bond estate where he was born, and be taken there by his true lord or his ministers as a bird in its nest, and this be proved, if such a man venture to deny it in the King's court, he shall be a serf for ever."]

3. DEED ILLUSTRATING THE DISTRIBUTION OF STRIPS [_Ancient Deeds_, B 4397], 1397.

To all Christ's faithful to whom the present writing shall come, Morgan Gogh, greeting in the Lord. Know ye that I have demised, granted and by this my present writing indented confirmed to John Druwere a cottage with a curtilage situate in Modbury between the cottage of John Janekyns on the east side and the tenement of Thomas Cobbe on the west side, and three acres, one rood of arable land lying in the fields of Modbury, whereof one acre lies in Brokeryg between the lord's land on either side, one acre in Totecombe between the lord's land and the land of Thomas Cobbe, three roods in Brokeryg between the lord's land and the land of William Cockes, a half acre there between the land of Thomas Cobbe and the land of Ralph Smale, and a half acre of meadow lies in Sturtilmede between the meadow of Gilbert Scolemaystre on either side, with pasture for one plough-beast and two draught-beasts in common; which land, meadow and pasture John Pipere lately held for term of his life; to have and to hold all the aforesaid cottage with the curtilage, land, meadow, and pasture, to the aforesaid John for term of his life, of me and my heirs or my assigns freely, quietly, well and in peace, rendering therefor yearly to the aforesaid Morgan and his heirs or his assigns 3s. 4d. sterling at the four principal terms of the year by equal portions for all services, saving the royal service, and doing suit to my court yearly upon reasonable summons.... Nor shall it be lawful for the aforesaid John to demise to any man the said cottage, with the curtilage, land, meadow and pasture, as well in parcels as in whole, during his life, under penalty of loss of the aforesaid cottage with all its appurtenances.... In witness whereof the parties aforesaid have interchangeably set their seals to these indentures. These witnesses:--Richard Pokeswell, Thomas Wodham, Robert Grey, John Hunte, John Iryssh and many others. Given at Modbury on Thursday next after Michaelmas, 21 Richard II.

4. REGULATION OF THE COMMON FIELDS OF WIMESWOULD [_Hist. MSS. Com., Middleton MSS., p. 106_], _c._ 1425.

For neat [_i.e._ cattle] pasture we ordain Orrow and Breches, Woldsyke and Wylougbybroke, for to be broken[119] on Crowchemesseday [14 September]; and whoso break this, every man shall pay for each beast that may be taken in any other several pasture a penny to the church; therefor to go a sevennightday [_i.e._, to endure for a week].

Also, for the neat pasture, after that be eaten, all the wheatfield, to wit, Hardacre field namely, save Strete headlands, where they may not go for destroying of corn; this for to endure another sevennightday under the pain beforesaid.

Also, on Holy Thursday eve we ordain the commons of the Peasfield for horses to be broken, and no other beasts to come therein. For if there be any man that have any horse that is feeble and may not do his work for fault of meat, and this may reasonably be known, let him relieve of his own, so that he save his neighbour from harm, for if any man may ... which beasts 'lose' in corn or in grass, he shall for each beast pay a penny to the church, and make amends to his neighbour.

Also, on Whitsun eve every man [shall] break his several pasture as he likes, and no man tie his horse on other ... his own for to be several till Lammas, each man to eat his own, under the pain beforesaid.

Furthermore, if any man ... plough-oxen for to be relieved on his several grass, let him tie them in his best manner or hold them in, as other men do their horses ... on no other man's grass going to or fro abroad, as they will pay for each beast a penny to the church and make [amends] ... to him that has the harm.