HERIOT 145
originally been no more than a custom (though custom, so long
as it is laudable, acquires the force of law to the canonists), and
forbade the taking of a mortuary unless there were at least three
beasts.1 This, however, was rigorous enough, since after the lord
had taken one, and the Church taken another, the widow or heir
was often left with a solitary remainder. It is also to be re-
membered that often the manor was the property of the monks
or of some cleric, so that they were certain of their heriot in any
case!2
So far the theory. In practice we find a diversity of customs, as
we should expect; but, what is important to note, we find very
frequently that a good deal more than the best beast or the best
chattel is demanded. In some cases the heriot is as much as one-
third of a man's total assets. In 1300 a Yorkshire free man holding
four bovates of the Prior of St John of Jerusalem has to give one-
third part of all his goods at his death,3 and the accounts of
Tatenhill about 1380 return the sum of £i. 7$. iijrf., "being the
third part which belongs to the Lord'* of the man's assets of
£4.35.11^.4 A rental of the same manor, dated 1414, shows even
harsher customs. The lord was entitled to the best animal, and
also to all copper vessels, carts and iron-bound wagons, hives,
colts, oxen, porkers, whole sides of bacon, all woollen cloth if
uncut and any treasure the man might have!5 We may see from
entries in the accounts of the previous century that this was no
mere theory, but that such customs had actually been enforced.
For example, in March 1347, on the death of a serf, the lord
seized his horse, cart, sheep, and two pigs worth twelve shillings.
The widow was allowed to buy them back for this sum, and given
till August to find the cash.6
An extreme but illuminating case is that of the monks of Vale
1 See Coulton, Ten Medieval Studies, 126 for a full discussion, with
references to the Canon lawyers.
2 Glouc. Cart, in, 88, 138,159,170, 182; Bristol and Glouc. Arch. Soc. DC,
304-
8 Yorks Inquis. rv, 10.
* Tatenhill, n, 56; cf. Trigg Minor y ni, 47 where it is declared that the
lord is entitled to all the cattle of serfs, but only to the best of those of the
free men.
5 Tatenhill, II, 97; cf. Blount, Tenures, 45; Vinogradoff, Villainage, 160.
8 Tatenhill, n, 34; cf. 58 where horse, two pigs and household pots and
jars are seized to the value of i is. 6d.