LEAVE OF ABSENCE 307
responsible for him, as at Cuddington in 1331 where five villeins
had fled. The Manor Court ordered their return, and added that
if they were not present at the next court their relatives were to
be distrained in all their lands and tenements.1 Such measures
as these were everywhere in operation, but even so, migration
still went on. Very occasionally we hear of severe repressive
measures being taken, such as confinement to the stocks, or even
the use of chains to hold an unwilling serf; but, in general, if
milder measures failed and the serf absconded, the lord had to
make the best of it, or pursue his man with the aid of the courts.2
In early times, at least, the King's aid could be prayed, and
about 1160 the Abbot and monks of Colchester got a charter
from Henry II ordering the delivery to them of their fugitives
with all their goods ubicunque inventi fuerint upon threat of a fine
of no less than £io.3 A similar writ in 1271 to the Prior of Tyne-
mouth suggests that this method of regaining recalcitrant serfs
may have been used to some considerable extent,4 the more so as
we have a charter of Earl Hugh II of Chester giving to the Abbot
of St Werburgh exactly the same rights within his lands.5 It may
be that lords acted together in a common interest and allowed
access to their lands in order that fugitives might be arrested;6
but, for the most part, it is clear that a writ from the courts was
necessary. It is for such a writ that the Bishop of Chichester's
steward writes to him on more than one occasion.7 But this was a
slow business, and as the steward well knew, involved expense,
risk and often disaster.8
Often, therefore, the lord felt it wisest to bow to the inevitable,
and to give leave of absence where he could scarce withhold it,
and to retain some appearance of authority and control. This he
did by exacting an annual payment, which was called chevage,
from all those who wished to live outside the manor. In general
the sum exacted was quite small—a few pence or a couple of
capons at Christmas, etc., but sometimes the lord added a clause
to the effect that the villein should come when required, or that
he should attend the half-yearly Leet Courts. These permissions
1 Page, op. cit. 36 n. I. Cf. Hales Rolls, 562, 565, 569, 577.
* Jacob's Well (E.E.T.S.), 186; Selden Soc. I, 2.
* Col Cart. 40. * Cal Charter Rolls, n, 172.
5 Chester Cart. 73. * Glympton, 10, u.
7 Sussex Arch. Soc. in, 51, 68. 8 See below, p. 309.