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OXFORD STUDIES 
IN SOCIAL AND LEGAL 

HISTORY 



EDITED BY 



PAUL VINOGRADOFF 

M.A., D.C.L., LL.D., Dr. Hist., Dr. Jur., F.B.A. 

CORPUS PROFESSOR OF JURISPRUDENCE IN THE UNIVERSITY OF OXFORD 
HONORARY PROFESSOR OF HISTORY IN THE UNIVERSITY OF MOSCOW 



VOL. II 

TYPES OF MANORIAL STRUCTURE IN THE NORTHERN 

DANELAW 
By F. M. STENTON 

CUSTOMARY RENTS 
By N. NEILSON 



i*X. ! ,v 



A\ 



OXFORD 

AT THE CLARENDON PRESS 

1910 



ffC 

3.54. 

,3 
13 



HENRY FROWDE, M.A. 

PUBLISHER TO THE UNIVERSITY OF OXFORD 

LONDON, EDINBURGH, NEW YORK 

TORONTO AND MELBOURNE 



PREFACE 

The two monographs of the present volume bear on 
the history of English manorial institutions. Mr. Stenton 
has examined in detail the evidence as to the different 
types of manorial structure in the Counties of the 
Northern Danelaw — York, Derby, Nottingham, Lei- 
cester, Lincoln, and Rutland. Domesday book entries 
form, of course, his principal material, but he has also 
used for comparison charters of the Anglo-Danish 
period, as far as they were available, and has supplied 
some valuable observations based on his study of early 
twelfth-century documents. 

His results enable us to form a more definite view 
of the contrasts of terminology, of institutional and of 
economic development between the region colonized by 
Danes and the South and West of England, which had 
arrived by the eleventh century to a much more com- 
plete and uniform arrangement of society on feudal 
lines. In this way the phenomena of the ' Growth of 
the Manor ' are presented once more in a strong light. 

Miss Neilson has tried to provide students of 
Mediaeval antiquities with a basis for classifying and 
comparing the various rents in kind and payments in 
money which were imposed on the population. It is 
only through systematic comparison that we are able 
to understand the meaning of many terms and the 



IV 



PREFACE 



incidence of the burdens indicated by them. The 
labour of taking stock of parallel illustrations and of 
studying the context in instances which for some 
reason have been described in a more or less explicit 
manner is a necessary complement to work based on 
the intensive study of some isolated groups of evidence. 
Miss Neilson approaches her task not from the point 
of view of the philologist, but from that of the student 
of records, and it can hardly be denied that research 
should be carried on from both sides in order to solve 
the many intricate problems arising out of the study of 
rents and services. Editors and students of cartularies, 
extents, and courtrolls will, I think, especially appre- 
ciate Miss Neilson's contribution. The variety of 
Mediaeval customs is almost inexhaustible, but it 
seems the more important to get hold of some guiding 
threads in the course of their investigation. 

Paul Vinogradoff. 



Ill 

TYPES OF MANORIAL STRUCTURE 
IN THE NORTHERN DANELAW 

BY 

F. M. STENTON, M.A. 

FELLOW OF UNIVERSITY COLLEGE, READING; FORMERLY SCHOLAR OF 
KEBLE COLLEGE, OXFORD 



B 



TYPES OF MANORIAL STRUCTURE IN THE 
NORTHERN DANELAW 



The employment of the term Danelaw as a geographical 
expression varies considerably in regard to different subjects 
of historical inquiry. In the history of English law the term 
covers the whole of that portion of the country in which the 
specific legal customs resulting from the Scandinavian settle- 
ment of the ninth century prevailed ; a district, if we may 
trust our texts, comprising the shires east of and including 
Yorkshire, Derbyshire, Leicestershire, Northamptonshire, and 
Buckinghamshire. 1 In political history the term denotes the 
shires occupied by the various Scandinavian powers which 
arose in England during the same century — the kingdom of 
Guthrum, 2 the heres of the Midlands, the Five Boroughs, the 
kingdom of York. But for the student of agrarian organiza- 
tion the term may profitably be used in a more restricted 
sense, a sense, moreover, for which there exists early authority, 3 
covering the modern counties of Yor k, Lincoln, Notting ham, 
Derby^^Leic ester, an d _Rutl and. Within this area, distinguished 
by local names of Scandinavian origin, 4 by the occurrence, 
within its limits, of a form of local division, the wapentake, 
otherwise unknown, by its ancient assessment on lines distinct 

1 See Liebermann, Leges Anglorum, 7. 

2 This must be the force of Dena Lagu in Edw. and Guth. The extent 
of Guthrum's kingdom is uncertain ; there is no reason for believing that 
it included the Five Boroughs. 

3 Edw. Conf. 30. The passage in question presents some difficulty. 
See Chadwick, Studies on Anglo-Saxon Institutions, 199. 

4 The evidence of local nomenclature proves an extensive displacement 
of native landholders at the time of the settlement of the ninth century. 
This displacement is most strongly marked in Lincolnshire and NE. 
Leicestershire, and is least obvious in Derbyshire. 

B 2 




4 TYPES OF MANORIAL STRUCTURE [sec. I 

from those which prevailed elsewhere in England, by the 
persistence of its political individuality until a late period, 
a reasonable uniformity of tenurial custom might be expected 
to prevail, and is in fact expressed with remarkable clearness 
in the terminology of the Domesday survey. In the following 
pages the term Danelaw, when used without qualification, 
will denote the shires enumerated above ; with the reservation 
that the harrying of Yorkshire in 1069 makes it impossible to 
argue with security from 1086 to the conditions of the Con- 
fessor's day, and that the special difficulties peculiar to the 
survey of Leicestershire to some extent throw the evidence 
relating to that county out of correspondence with the details 
recorded for the remainder of this district. 

The scheme adopted by the compilers of Domesday in the 
description of the Danelaw shires recognizes a distinction 
between three several classes of tenement: the manor, the 
berewick, and the soke. If the boroughs are excluded from 
consideration, it is substantially correct to say that every 
parcel of land in this district is understood to form part of 
some manor ; the berewick and the soke represent the two 
contrasted types of subsidiary local organization. 1 The ques- 
tions which arise in connexion with the Domesday manerium 
must for the present be reserved ; but of the soke and bere- 
wick we may say at once that if the derivation of these terms 
were an adequate clue to their meaning as employed in 
Domesday it would present little difficulty. The soke would 
then be merely a piece of land over whose inhabitants the 
lord of the chief manor enjoyed justiciary powers ; the bere- 
wick would become the manorial grange or storehouse, the 
detached but appurtenant farmstead. 2 Even in 1086 we may 
find sokes and berewicks to which these simple definitions 
will apply ; but there are also cases, especially as regards the 
berewick, when the terms have assumed a more special meaning. 
The latter commonly denotes an outlying member of a larger 

1 There is no example in the Danelaw of the employment of the neutral 
terra in contradistinction to manerium or soca. 

1 Berewick is only one of a series of words compounded with the OE. 
ivlCy employed independently in Berkshire to signify a dairy farm. 






SEC. i] IN THE NORTHERN DANELAW 5 

estate, with holdings dependent in one way or another upon 
the head manor ; and one aspect of the problem before us 
is the question of the relation borne by the men of the sub- 
sidiary tenements to the central estate and to its lord. 

In the first folios of the Lincolnshire Domesday, and with 
somewhat greater frequency in that of Yorkshire, the term 
inland is occasionally employed in contrast to sokeland, and 
as equivalent to the more usual berewick. 1 The use of the 
term under these conditions is noteworthy ; for it is clearly 
quite distinct from any of the meanings which have been 
deduced for the inland of the counties south of Welland and 
Avon. It is evident that the inland of Lincolnshire and York- 
shire does not correspond to demesne in the normal sense of 
the word ; we may easily find parcels of inland in this region 
upon which no demesne has been created. 2 It is no less 
evident that in these counties inland was in no sense exempt 
from liability to the geld, for its capacity is invariably expressed 
in carucates or bovates ad geldum. It would seem, then, 
that the significance of the term lies in the contrast which 
it makes with sokeland, and we are driven to inquire in what 
that contrast consisted ; an inquiry which may be pursued 
along two distinct lines, neither of which is free from com- 
plication. If we proceed by way of the comparison of formulas 
which seem from their context to be equivalent, it is necessary 
constantly to bear in mind the instability of the phraseology 
of Domesday ; a warning peculiarly necessary from the fact 
that no duplicate entries in this portion of the survey serve 
to define the meaning of the northern inland? If information 
is sought from external sources, the small number of religious 

1 Thus at Ouseburn, York (fo. 301 b), ' B and S. In Useburne v car. 
ad geldum. Terra ad v carucas. Inland et soca in Chenaresburg 
[Knaresborough].' So at Wispington, Lincoln (fo. 340 b), ' S and B. In 
Wispinctune ii car. terrae ad geldum. Terra ad iiii carucas. Inland et 
soca in Stratone [Great Sturton] et Cherchebi [Kirkby-on-Bain]. Ibi 
(sunt) ix sochemanni et vi bordarii cum iii carucis.' 

2 Caenby, Lincoln (fo. 344). ' In Covenebi, inland de Stou [Stow 
St. Mary] iiii carucatae ad geldum. Terra ad iiii carucas. Ibi xx 
sochemanni et xv bordarii habent v carucas. Ibi ecclesia et i molen- 
dinum iiii solidorum, et xx acrae prati.' 

s The difficult Yorkshire case of Holne (fos. 299 b and 301) is discussed 
below. 



6 TYPES OF MANORIAL STRUCTURE [sec. I 

houses existing within the Danelaw of the eleventh century 
implies a correspondingly small number of early documents 
which can be collated with the Domesday text. In the 
following pages it is intended to employ both these methods, 
but it is well to define their limitations at the start. 

Among the cartularies which relate to the Danelaw, the 
most famous, and for our purpose the most important, is the 
Liber Niger of Peterborough Abbey. 1 This document, com- 
piled between the years 1125 and 11 28, during which Henry I 
had taken seisin of the temporalities of the house, was appa- 
rently drawn up by some clerk conversant with the formulas 
of the exchequer, who had derived, from whatever source, 
information respecting the ownership of certain of the monastic 
estates at a period as remote as the time of King Edward. 2 
The record falls into two parts ; an extent of the lands of the 
abbey in the counties of Northampton, Nottingham, Lincoln, 
and Huntingdon, followed by a section entitled ' Haec est 
descriptio terrarum Abbatiae de Burch in vicecomitatu 
Lincolniae '. The attention of students has in the main been 
concentrated upon the description of the manorial economy 
contained in the former section ; but for our immediate purpose 
the brief details given in the Lincolnshire portion of the 
document are even more important. They are so important, 
in fact, that it becomes worth while to suggest the distinct 
possibility, indicated by some of the personal names which 
occur in the record, that the original of the Lincolnshire 
sections of the Liber Niger may be referred to a date some 
twenty-five years earlier than that at which the first portions 
of the document in question were compiled. We are told 
that the abbey possessed soke over half a carucate in Walcot 
near Alkborough, held by Earl Hugh of Chester, who died in 

1 Printed as an appendix (pp. 157-83) to the Chronicon Petroburgense, 
ed. Stapleton (Camden Soc), 1849. 

e.g. p. 182 ' Scotter, iii carucatas in dominio et i carucatam socage de 
terra Aschilli. Scotter, iii carucatas in dominio et i carucatam socage de 
terra Alnothi. Cleatham vii b'ovatas in dominio de terra Alnothi.' Aschil 
and ' Alnod ' in 1066 were joint owners of Scotter, the latter alone pos- 
sessed Cleatham. The evidence of Hugh Candidus shows that ,a record 
was still preserved at Peterborough in the twelfth century of benefactors 
to the house a hundred years earlier. 



SEC.i] IN THE NORTHERN DANELAW 7 

1101. Soke over two bovates in Scawby is assigned in the 
record to one Osbern, who may safely be identified with 
Osbern de Arcis, tenant-in-chief in 1086 of a portion of that 
vill, a baron who was certainly dead before the compilation 
of the Lindsey survey between 11 15 and 1118. 1 Another 
Domesday tenant-in-chief appearing in the Liber Niger, 
Godfrey de Cambray, who is credited with the possession of 
lands in Market Deeping, would appear from the Leicester 
Survey to have lost his estates by death or forfeiture before 
the year 1125. 2 It is difficult to explain the occurrence in 
the record of such names as these otherwise than by supposing 
that they were transcribed by the compiler of the Liber Niger 
from a document dating from the very beginning of the 
twelfth century. This being so, we are at once brought to 
a date within fifteen years of that of the Domesday survey 
itself, and may fairly employ the formulas of the Liber Niger 
in explanation of the local conditions of 1086. 

The whole scheme in accordance with which the entries 
in question are compiled turns on the distinction between 
demesne and soke ; it is assumed that all land must lie either 
in dominio or in socagio. ' Hibaldestou : i carucatam in dominio 
et v bovatas socage. Malmetun: ii carucatas in dominio. 
Messingham: iii carucatas et dimidiam in dominio et ii carucatas 
socage ' — such entries as these leave no room for any third 
form of tenement intermediate between the dominium and the 
socagium. The latter term is obviously equivalent to the 
terra de soca of Domesday ; but it is only by a comparison 
of the relevant entries that we are enabled to prove that the 
dominium of the Liber Niger and the inland of 1086 are 
identical. The question is settled by the case of Reepham 
near Lincoln, where the Domesday ' Inland huius manerii 
(sc. Fiskerton). In Refaim iiii carucatae et vi bovatae ad gel- 
dum ' 3 is represented by the ' Refham. iiii carucatas et vi 



1 Ed. Greenstreet, pi. ii, 22. His estate in Scawby was then held by 
William de Arcis. 

2 V. C. H. Leicester, i. 353. His land in Sproxton had passed to an 
unknown person described as ' Gilbert's son'. 

3 Folio 345 b. 



8 TYPES OF MANORIAL STRUCTURE [sec. I 

bovatas in dominio ' of the Liber Niger. 1 Like the inland 
of Domesday, the dominium of the Liber Niger clearly in- 
cludes land in the occupation of the men of the vill as well as 
the lord's home farm ; and it would seem, therefore, that the 
compilers of the latter record, by dividing the tenements with 
which they dealt into demesne land and sokeland, wished to 
mark a distinction between land which was considered to be 
in the lord's possession and land from which he only received 
dues, suit, and service. It does not appear probable that the 
fourteen years between 1086 and 1100, the date to which 
we may approximately assign the Lincolnshire section of the 
Liber Niger, witnessed any material change in the organization 
of the Peterborough estates, and we may assume that the 
terminology of the later survey in this matter accurately 
reflects the distinction marked in the Lincolnshire Domesday 
between inland and sokeland. 

This distinction between dominium, in the extended sense 
of the word, and soca is indeed to be found, though somewhat 
rarely, in the pages of the Lincolnshire Domesday itself. Of 
Earl Alan's manor of Brant Broughton, for example, which 
represented an i8-carucate vill, we are definitely told that 
Ralf the Staller, the earl's predecessor, had there possessed 
13 carucates of land in dominio and 5 carucates of land de soca. 2 
This instance does not stand alone, and it is highly significant. 
It is clear that the 13 carucates in dominio were distributed 
over an area much more extensive than that of the lord's home 
farm ; and the whole passage in which the phrase occurs shows 

1 Chron. Petroburg. 182. 

2 Fo. 347 b. ' M. In Burtune hundret habuit Radulfus Stalre xiii car. 
terrae ad geldum in dominio, et v car. terrae ad geldum de soca. Terra 
ad xviii carucas. Ibi habet Alanus comes in dominio iii carucas, et xxxvi 
villanos et ix bordarios, et xv sochmannos et alios ix bordarios habentes 
xv carucas. . . . De supradicta soca tenet Cadiou vi bovatas terrae, et 
habet ibi vi boves arantes.' Compare the Long Bennington entry (fo. 348). 
' M. In Beninctun ii hundret habuit Radulfus Stalre xiiii car. terrae ad 
geldum in dominio et vii car. et vi bov. terrae ad geldum de soca. Ibi 
habet Alanus comes in dominio v carucas, et xix villanos, et v bordarios, 
et xx sochmannos simul habentes xii carucas. . . . De hac terra tenet 
Herveus 1 car. et iii bov. et habet ibi i carucam.' It will be noted that 
while at Brant Broughton the sub-tenancy had arisen on the sokeland, at 
Long Bennington it had been created on the terra, the land apparently 
in dominio. The former tenancy may well have resulted from purchase. 



SEC. i] IN THE NORTHERN DANELAW 9 

that it is not connected with that distinction between the 
portions of an estate retained by the lord and those which 
were sub-let by him to tenants, which is frequently marked in 
this way in later documents. We may most readily under- 
stand the phrase if we take it as including both the domainal 
messuage of the lord and also the land in the occupation of 
villeins and bordars, in contrast to the land held within the 
manor by the sokemen who dwelt there. It must indeed be 
admitted that as to the exact nature of the rights which are 
implied by the word dominium here and in the Liber Niger 
we can say little with certainty. We must leave unanswered, 
for example, the question whether the lord could dispossess at 
will the men who dwelt within the sphere of his dominium. 
But the mere fact that already in 1086 the term in question 
could be employed so as to include the land of villeins and 
bordars as well as the manorial demesne raises wide issues. 1 
Such a usage was fully established by the time of Bracton 
(circ. 1250) ; it is carefully defined by the author of the Dia- 
logus de Scaccario (circ. 1 1 75) ; it underlies, as we have seen, 
the arrangement of the Liber Niger of Peterborough (circ. 1 100), 
but the fact of its employment in Domesday has to a certain 
extent been overlooked. ? But the Brant Broughton formula, 
supported as it is by the terminology of the Liber Niger, sug- 
gests two propositions which certainly deserve to be tested in 
the light of the local information supplied by Domesday. The 
first is that the land of the local peasantry other than the soke- 

1 The incidental way in which this formula is introduced is clearly 
brought out in the description of Earl Alan's Lincolnshire fief. Thus, in 
the entry relating to the large manor of Fulbeck with Leadenham 
(fo. 347 b) the scribe had originally written ' In Fulebec et Ledeneham 
habuit Radulfus Stalre xxiiii car. terrae ad geldum in dominio, et xv car. 
adgeldum de soca,' and then, apparently realizing that the twenty-four caru- 
cates represented the total assessment of the vill, deleted the words 
italicized, thus ignoring the distinction between terra and soca which he 
had previously marked. So too we were originally told that at Foston 
(fo.348), a berewick of Long Bennington, there were 12 carucates in dominio 
and 7 de soca ; but here also the words from in dominio to soca have been 
deleted. This case is important, for the Foston berewick included a 
population of forty-six sokemen, and the entry in its completed form makes 
no specific reference to the existence of any sokeland in the vill, a fact 
which bears very directly upon a considerable number of similar instances. 

2 As by Maitland, Domesday Book and Beyond, pp. 53-4. 



to TYPES OF MANORIAL STRUCTURE [sec.i 

men was regarded as the property of the lord ; the second is 
that the rights which the lord possessed in respect of his soke- 
land bear a seignorial rather than a proprietary character. It 
will be our object in what follows to ascertain how far these 
propositions may reasonably be carried in the interpretation of 
the Danelaw survey. 

It may be well, however, to note in the first place that the 
distinction which is here suggested is reflected in the termino- 
logy of later feudal law by the contrast between tenure in 
dominio and in servitio} To hold a piece of land in dominio 
meant the power of dealing with it at will, of dealing, more- 
over, with such portions of it as were in the occupation of 
unfree cultivators. 2 To be seised in servitio merely covered the 
right to the receipt of profits from the land at issue — rent, 
it might be, or feudal service. It need hardly be said that 
this distinction is never explicitly made by the compilers of 
Domesday Book; the terminology relating to the various 
kinds of seisin was only worked out, and that slowly, in the 
course of the next century, but it was already latent in the 
contrast, always felt, though rarely definitely expressed, 
between dominium and soca. 

In the second place, brief reference must be made to another 
distinction, rarely marked in texts which relate to the Dane- 
law, but of the highest importance in regard to the shires to 
the south and west — the familiar distinction between inland 
and warland. In such a text as the Burton Cartulary, 3 which, 
it should be noted, includes extents of a small group of 
estates in south-west Derbyshire, 4 warland bears the double 
implication of land in the occupation of the dependent 
peasantry and land rated to the king's geld, to the exclusion 
of the lords' inland. The inland of the Burton Cartulary 
clearly represents original demesne ; and its employment in 
this sense is sharply contrasted with the Lincolnshire and 
Yorkshire usage which we are considering. And yet, after all, 

1 Pollock and Maitland, Hist. Eng. Law, i. 233. 
a Dialogus, i. 11. 

3 Ed. W riothesley (Salt Society). Cf. Round, The Burton Abbey 
Surveys, in E.H.R. xx. 275-89. 

4 Mickleover and its berewicks, Willington, Winshill, Appleby. 






SEC. i] IN THE NORTHERN DANELAW n 

the contrast is in part superficial, for the Lincolnshire usage 
only results from the final extension of a term susceptible, from 
its very nature, of diverse employment. One extension had 
already been made in the eleventh century ; inland could then 
cover not merely the lord's home farm, but also plots of land 
leased to cultivators out of the exempt demesne. It is further 
to be noted that warland was by no means the inevitable 
opposition to inland 1 — utland and gesettland are thus em- 
ployed. The use which might be made of the term inland in 
any given text might legitimately vary ; exemption from the 
geld was only one among a number of characteristics which 
might be made the basis of distinction ; 2 and in the eastern 
Danelaw the existence of unusual numbers of free tenants was 
clearly the fact which led the compilers of 'Domesday to 
extend the term inland to cover the whole of that portion of 
an estate over which the lord had most immediate and direct 
control, the land of villeins and bordars in contrast to the land 
of the sokemen. The exceptional conditions of the Danelaw 
naturally produced a modification of the normal terminology. 3 
With reference now to the Domesday text, it deserves note 
that the formulas employed in different folios of the Danelaw 
surveys with the object of marking the distinction between 
terra and soca vary considerably, and deserve comparison. 
The contrast is made in the simplest form by a pair of phrases 
which appear now and again in the opening folios of the York- 
shire survey, as in the following entry relating to Northallerton, 
(fo. 299) Alverton : ' Huic manerio appendent xi berewitae. . . . 

1 For the inland in general cf. Vinogradoff, Growth of the Manor, 
225-7, 283-4; Round, Domesday Studies, i. 93 ft". 

2 It is improbable that the Lincolnshire demesnes were exempt from 
the geld. 

s The deplorable condition of the printed text of the Cartulary makes 
it unsafe to place entire reliance upon its terminology, but there is one 
passage which suggests very strongly the employment of dominium in 
the Lincolnshire sense. ' In Wilentona [Willington, Derby] nichil 
Inlandae est. Warlanda se defendit pro iii carucatis. In dominio sunt ' 
(p. 28). A population of 13 censarii was seated on this land. In 1086 
Willington, which then belonged to Ralf son of Hubert, included no land 
in demesne, but contained a population of four villeins and two bordars. 
The cartulary entry reads as if the whole vill was reckoned to be in 
dominio, although no portion of it was exempt from geld nor yet organized 
as a home farm. 



12 TYPES OF MANORIAL STRUCTURE [sec.i 

Ad hoc manerium pertinet soca harum terrarum.' The employ- 
ment of these contrasted phrases makes it very clear that a lord's 
rights over his sokeland are rights of superiority, and not of 
ownership. The terms berewick and soke do not of themselves 
imply this distinction, but an unbroken series of formulas carry 
us from these neutral expressions to the in dominio phrase on 
which comment has just been made. On folio 337 b two suc- 
cessive entries run : — ' S et B. In Gunfordebi [Great Gonerby, 
Lincoln] sunt vii carucatae terrae ad geldum. Terra ad ix 
carucas. Tres carucatae sunt inland and iiii soca in Grandham 
[Grantham].' ' S et B. In Herlavestune [Harlaxton, Lincoln] 
sunt xii carucatae terrae ad geldum. Terra ad xvi carucas. 
Novem sunt in soca et iii in aula Grandham.' These passages 
give us the series of equivalent phrases berewick — inland — in 
aula. A variant of the latter formula appears on folio 368 b : 
* M. In Roscebi [Rauceby, Lincoln] habuit Turvert ix carucatas 
terrae ad geldum. . . . Ibidem v bov. terrae pertinentes ad 
aulam. Ibidem habuit Osmund iii carucatas terrae et i bo- 
vatam ad geldum. Terra tottidem carucis. Tres bovatae et 
dimidia per tinebat ad aulam eius. Reliqua erat soca eiusdem 
manerii.' Between this formula and the in dominio phrase 
a link is supplied by the description of the Archbishop of York's 
manor of Laneham, Nottinghamshire (fo. 283) : ■ In Laneham 
cum berewitis his . . . viiii carucatae terrae et ii bovatae ad gel- 
dum. Terra xxvii carucis. In dominio aulae sunt x bovatae de 
hac terra. Reliqua est soca.' It is the value of this entry that 
it supplies us with the full formula of which the in dominio 
phrase is probably a condensation. Of the latter, two addi- 
tional examples maybe given: ' M. In Goldesby [Goulceby] 
habuit Colegrim iiii bovatas terrae et terciam partem unius 
bovatae ad geldum in dominio et tantumdem terrae in soca. 
Terra ii carucis '(fo. 370). In this case the fiscal burden incumbent 
upon the vill has been divided equally between the demesne and 
the soke, but apart from this arrangement, the estate presents 
no remarkable features'. It is otherwise with Robert de Veci's 
great manor of Caythorpe in Kesteven, the description of 
which deserves to be quoted in part (fo. 363) : 'M. In Carltorp 
habuit Eilric xix carucatas terrae et ii bovatas in dominio et 



"SEC. i] IN THE NORTHERN DANELAW 13 

xxviii carucatas terrae et vi bovatas de soca ad geldum. 
Terra totidem carucis, id est xlviii. Huic adiacent iii hundret 1 
Fristun [Frieston], Normenton [Normanton], Wilgebi [Wil- 
loughby].' The population of this large and compact estate, 
which extended over the whole of four 12-carucate vills, 
comprised 113 sokemen, 50 villeins, and 7 bordars ; and the 
interest in its land was divided between Robert de Veci, the 
tenant-in-chief, with 3 ploughs in demesne ; three unnamed 
men with 4^ teams ; and one Englishman with 1 team. The 
description of this complex group of tenements in a single 
entry suggests the handiwork of a hurried scribe, who would 
not afford the time necessary if the several parcels of inland 
and sokeland contained within the estate were to be recorded 
according to their local distribution among the constituent vills 
of the manor, and considered that he had done his duty when 
he had indicated the amount of land which fell respectively 
within the scope of the dominium and the soke. The Domes- 
day scribes, as the collection of formulas which has just been 
given will show, were far from consistent in their choice of 
terms with which to denote these conceptions ; but through it 
all they are clearly trying to maintain the distinction between 
the land, the soil of which was vested in the lord, and the land 
of which the ownership remained with the representatives of 
the old English free peasantry of the vill. 

Here, then, at last, it would seem that we have arrived at 
a clue to the real meaning of the recurring distinction marked 
in the Danelaw survey between the berewick and the soke. 
We have seen that the terms inland and berewick might in 
a given context be treated as equivalent, and that the inland 
of 1086 may fairly be interpreted, as in the Liber Niger of 
Peterborough, as land in dominio. This being the case, there 
results at once a provisional definition of the Domesday bere- 
wick. In its relation to the manorial system, the berewick 
will simply become a detached portion of inland, a holding 
geographically separate from the chief manor of which it 
formed part, but owned, as to its soil, by the manorial lord. 
Conversely, it would seem that we must understand by soke- 

1 The 'hundreds' in question were clearly vills of 12 carucates each. 



i 4 TYPES OF MANORIAL STRUCTURE [sec. I 

land, land regarded as belonging to the men seated upon it, 
but carrying a liability to services and dues to be rendered at 
the manorial centre to which it was appendant. In this dis- 
tinction lies the real significance of the contrast between the 
two familiar types of subsidiary tenement, which it may be 
well to consider in some detail. 

It will at once be evident that if we are to maintain this 
conception of the Danelaw berewick, the ownership of its soil 
must never be assigned by our text to any man other than the 
lord of the chief manor. So far as it is possible to speak 
definitely in regard to a point involving a consideration of so 
many details this essential condition is satisfied. It is, no doubt, 
true that the jurors of the West Riding of Yorkshire were in 
doubt whether Swegn's pre-Conquest manor of Attercliffe with 
Sheffield had not at some undefined period been inland of 
Earl Waltheof s manor of Hallam x ; but we cannot at this 
distance of time undertake to decide a question which they 
were compelled to leave open. So, too, when we are told that 
at Notton near Pontefract, where of six carucates of land two 
were reckoned inland and four soke of 'Tateshall', Godric had 
nevertheless possessed a hall, 2 we must see rather an instance 
of a pre-Conquest manor which has lost its autonomy than any 
confusion between the rights of Godric and those of the lord 
of Tateshall. The one passage in the surveys of the midland 
counties which seems to present a definite obstacle to the 
theory occurs in the Domesday of Northamptonshire, 3 and 
may be discussed in this place, for Northamptonshire, of all 
counties, presents features of tenurial organization the most 
closely related to those which obtained north of Welland. In 
1086 the Count of Mortain possessed an estate in Croughton, 
freely owned in King Edward's time by one Leofnoth, which, 
we are told, was formerly a berewick of the adjacent manor of 

1 Fo. 320: ' M. In Ateclive et Escafeld Suuen habuit v car. terrae ad 
geldum. . . . Haec terra dicitjar fuisse inland in Hallun.' 

2 Fo. 317: 'M. In Notone sunt vi car. terrae ad geldum. . . . De hac 
terra sunt iiii carucatae in soca de Tateshalla, et ii carucatae inland. Ibi 
tamen habuit Godric aulam.' ' Tateshalla ' is represented by the modern 
Pontefract. 

3 V. C. H. Northants, i. 326. 



SEC. I] IN THE NORTHERN DANELAW 15 

Evenley. Evenley is duly entered as the next manor upon 
the count's fief; but it is stated that Leofstan had held the 
manor freely T. R. E., and we are thus faced with the difficulty 
of explaining how, if Leofstan held the soil of Croughton as 
a berewick of Evenley, the former vill could appear at the same 
time in the free possession of another man. Fortunately, the 
existence of a second Evenley entry in a later folio of the 
survey enables us to avoid this question, by showing that 
a Leofnoth, who may safely be identified with the Leofnoth of 
Croughton, had possessed in 1066 a separate manor in Evenley 
to which the Croughton berewick had clearly been appurtenant, 
although by 1086 it had passed to the Count of Mortain, 
Leofstan's successor, instead of to Walter the Fleming, who 
took title from Leofnoth. 1 No instance presenting a difficulty 
of this kind occurs in the Clamores of either Yorkshire or 
Lincolnshire ; and our conception of the relations between 
manor and berewick clearly need not be affected by the case 
of Croughton. It is the interest of the latter that it shows an 
exception of somewhat formidable character brought into con- 
formity with other entries by a consideration of the local rela- 
tions of the property involved. 2 

It is a more difficult question whether, in addition to inland 
and sokeland, the Danelaw surveys reveal the existence in this 
district of a third form of tenement, the thegnland. The 
general sense of the latter term is well ascertained ; 3 it denotes 
the holding of a thegn, land defended by military service ; 
from which results its frequent employment to cover those 
portions of the estates of a noble or religious house which had 
been sublet to persons capable of discharging the military 



1 V. C. H. Northants, i. 341 a. Croughton and Evenley are situated in 
the extreme south of Northamptonshire, in the hundred of Kings Sutton. 

2 A somewhat similar difficulty arising in regard to Claxby, near 
Normanby, Lincoln, is resolved in the same way. On folio 361 b an 
entry runs : ' M. In Clachesbi habuit Chetel ii bovatas terrae et Goduin 
i bovatam terrae inland ad geldum.' The unpleasant necessity of regard- 
ing Godwine's inland as dependent on Chetel's manor is removed by 
another Claxby entry on fo. 350, which shows Godwine himself in posses- 
sion of a manor of 10 bovates in that vill and in Normanby adjacent to it. 

5 See the discussion of the relations of thegnland and sokeland by 
Round, Feudal England, 28-35. 



16 TYPES OF MANORIAL STRUCTURE [sec.i 

obligations which lay upon the fief. Of this term there are 
only two examples in the Danelaw surveys : — 

fo. 274 b. In Hatune [Hatton, Derby] vi bov. terrae et dim. 
de soca et i bov. et dim. de Tainland. Haec pertinet ad 
Scrotune [Scropton, Derby]. 

fo. 299 b. Praeter hoc sunt ii carucatas in Holne et altera 
Holne et Alstanesleie et Thoac. Hanc terram potest i 
caruca arare. Wasta est . . . Hanc alii dicunt esse tain- 
land, alii socam in Wachefeld [Wakefield, York]. 

These entries would probably be held conclusive were it not 
that on folio 301 a duplicate entry is made of the second 
estate, which raises serious doubts : — 

In Holne Dunstan ii car. ad geldum. Terra ad i carucam. 
Hanc terram alii dicunt inland, alii socam in Wachefeld. 

It is clear that a scribal error has been made in one of these 
entries, and the question is raised whether we should not read 
' inland ' instead of 'tainland' in the first. If we wish to prefer 
the more difficult reading, we should note that a scribe, familiar 
with the term inland as employed in the southern counties, 
would naturally question the propriety of its use in such a con- 
text as the entries transcribed above. The contrast between 
thegnland and soke, on the other hand, would be familiar to 
him, and he may well have modified the formula before him in 
accordance with what he believed to be the true reading of the 
original return. 1 Apart from this consideration, it certainly 
seems more probable that the contrast between soke and 
inland, of which more than a score of instances occur in 
succeeding folios of the survey, should be intended than that 
we should be confronted with a distinction between soke and 
thegnland, never marked elsewhere in this part of England. 2 

1 If the original ran, as suggested by the duplicate entry, ' alii dicunt 
inland,' the change would be facilitated by confusion between the final t 
of ' dicunt ' and the initial t of ' tainland '. 

2 For the thegnland see Feudal England, 28-9 ; English Society in the 
Eleventh Century, 370-2. Essentially, thegnland is a portion of an estate 
granted out to secure the performance of military service by the grantee, and 
inalienable without the consent of his lord. In Cambridgeshire it is this last 
characteristic which mainly distinguishes thegnland from sokeland, but in 
the Danelaw surveys these tenurial distinctions are commonly ignored, and 
it is not probable that sporadic reference should be made to them in a couple 
of isolated entries. Tainlande on fo. 287b is the estate of a king's thegn. 



SEC.i] IN THE NORTHERN DANELAW 17 

If to this it is added that in the south and east thegnland is 
rarely, if ever, entered as above with explicit reference to 
a manorial centre other than the vill within which it lay, the 
probability that a pair of scribal errors are responsible for 
these sporadic references to a Danelaw thegnland will distinctly 
be increased. The question cannot wholly be settled on the 
existing evidence, but it may at least be recognized that these 
isolated appearances of the formulas in question should be 
regarded with grave suspicion. 

The simplest form assumed by a group of sokeland tene- 
ments consists of a vill, or definite portion of a vill, regarded 
as appurtenant to some manor, but inhabited exclusively by 
sokemen. This kind of holding presents no difficulty, though 
it admits of infinite variety of local detail ; and examples 
may be derived from each of the Danelaw counties. But, 
although we may perhaps regard these examples as represent- 
ing the normal type of sokeland, it is more commonly the case 
that sokemen are found settled on sokeland in company with 
members of other social classes — villeins or bordars. This is so, 
even in Lincolnshire, where the sokemen outnumber the com- 
bined villeins and bordars ; it becomes increasingly the case 
as we pass across the Danelaw from east to west, and in both 
Nottinghamshire and Derbyshire it is easy to find parcels of 
sokeland upon which, to all appearance, no sokeman dwelt. 
If we are to maintain our definition in face of these facts we 
must, it would seem, assume the existence of one or other of 
three conditions : — 

1. A depression of the peasantry. The villeins on soke- 
land were originally sokemen or the descendants of sokemen, 
who had become implicated in a more embarrassing nexus of 
service since the Conquest, but had not ceased to own the 
land on which they were settled. In this connexion, it is 
very important to remember that the Domesday Survey tells 
us nothing as to the composition of the rural population of 
the Danelaw in King Edward's day. In those counties in 
regard to which we possess the necessary information we can 
trace a tendency towards a relative depression of the higher 



M. S. 



1 8 TYPES OF MANORIAL STRUCTURE [SEC.I 

social classes a ; and we may infer that a corresponding move- 
ment in this direction has taken place here, although its pro- 
gress is concealed from us. It may be added that Yorkshire 
and Derbyshire, certainly, and Leicestershire in all probability, 
had undergone devastation at some period between 1066 and 
1086. 

2. The villani on sokeland, while maintaining their pre-Con- 
quest condition, are referred to a social class lower than that 
of the recognized sokemen because they are inferior to the 
latter in wealth, or because they are burdened with heavier 
customary services. 2 It is to be noted that while the local 
distribution of sokeland tenements, as they are entered in 
Domesday, had been fixed before the Conquest, the social 
divisions with which we meet in the Survey represent in the 
main the work of Norman lawyers, and turn much more upon 
diversities of economic condition than upon strictly legal dis- 
tinctions between class and class. 3 The problem would, 
indeed, be greatly simplified if we might identify the sokemen 
of the east with the class of six hynd men described in certain 
Anglo-Norman texts 4 as intermediate between the ceorls 
with a 200 shilling wergild and the thegn with one of 1,200 
shillings. This, however, we may not do, for the existence 
of a separate class of six hynd men as late as the date of 
Domesday is itself very doubtful, and our knowledge of the 
wealth and local position of the sokemen is sufficient to show 
their general affinity to the great body of the two-hynd ceorls. 

1 The most detailed evidence comes from Essex, in which county the 
bordarii exhibit a notable increase at the expense of the villani and the 
slaves. See Maitland, Dom. Bk. and Beyond, 363 ; Round in V. C. H. 
Essex, i. 359-63. 

2 In general, on the Peterborough estates, the sokeman is exempt from 
week-work. 

3 Cf. Vinogradoff, Growth of the Manor, 341. 

4 In the Leges Henrici Primi, 76, § 2, we are told that the wer of some 
freemen is 200 (shillings) ; of others, 600; of others, 1,200. Elsewhere, 
the compiler states that in Wessex wers are of two sorts : two hundred 
and twelve hundred, applying respectively to villani and thegns. The 
compiler is evidently contrasting the custom of Wessex with the ' law ' of 
the Mercians and the Danes. It would seem, then, that the syx hynd 
man of the twelfth century must be sought north of Thames ; we may 
perhaps find him in the radknight of the west. The fact that the Leges 
Edwardi Conf. assign the same manbote of 12 orae to the villein and soke- 
man of the Danelaw is against a differentiation of their wers. 






SEC. I] IN THE NORTHERN DANELAW ig 

It is more probable that large numbers of the villani of 
Domesday have been the victims of an arbitrary classifica- 
tion ; that without the agency of any of the forces which 
made for depression, some slight relative economic inferiority 
has sufficed to relegate to the villein class many a man who 
nevertheless continued to own the land which he cultivated, 
whose status in strict law was identical with that of his more 
favoured neighbours who secured recognition as socmanni. 
Such a man would inevitably be attracted towards the lower 
of the two social orders between which he fell, and there 
would be an end of him. 

3. The men of inferior rank may have held their tenements 
under the sokemen. The influence of dependent tenure in 
this connexion has to some extent been neglected, but in the 
surveys of the Danelaw counties there arise at least four clear 
cases in point. At Long Eaton (Derbyshire) (fo. 273) we are 
told that 22 sokemen and 10 bordars sub ipsis had 9 carucates of 
land, and the entry relating to Gilbert de Gand's Lincolnshire 
manor of Baumber (fo. 354 b) includes the passage ' Ibi habet 
Gilbertus et carucas vt xxi villanos et vi bordarios et xx soch- 
mannos etxvi bordarios eorum '. It is significant that the lower 
stage in both these groups should be composed of bordars ; for 
where the population of the same piece of sokeland is drawn 
from two social orders, the members of the second, in a large 
majority of instances, will be bordarii. But the entry relating 
to the Yorkshire manor of ' Bochetone* (fo. 314 b) shows us 
villeins as well as bordars dependent upon sokemen — ' In hac 
villa est soca de xii carucatis et vi bovatis ad geldum. Ibi 
sunt nunc vii sochemanni habentes xii villanos et vii bordarios 
cum ix carucis ' — and the accuracy of the text is confirmed 
by the record of a similar tenurial arrangement in a Lincoln- 
shire vill (fo. 345b) — 'Soca huius manerii (sc. Scotton in 
Lindsey) In Torp. [Northorpe] i carucata terrae ad geldum. 
Terra ad i carucam et dimidiam. Ibi iiii sochmanni habent 
ii villanos et i bordarium cum i caruca.' Explicit statements 
of this kind are rare ; in most cases where sokemen, villeins, 
and bordars occur together no clue to their mutual relation- 
ship is supplied by Domesday, but there is nothing in the 

C 2 



20 TYPES OF MANORIAL STRUCTURE [sec. i 

record to contradict the possible dependence of the bordars, 
or even of the villeins, upon the sokemen in an indefinite 
number of such instances. It has been remarked l that the 
coexistence upon the same estate of large and small holdings, 
such as those respectively of sokemen and bordars, is a natural 
result of an agrarian system such as that which obtained in 
the Danelaw. Even without the agency of seignorial pres- 
sure, the growth of population called forth a system of 
small tenancies, subordinate, perhaps, to the larger shares 
held by the sokemen, but like them anterior in point of origin 
to any manorial organization ; and it seems highly probable 
that the frequent appearance in our record of bordarii seated 
upon sokeland may find at least a partial explanation in forces 
of this kind. 

In supplement to these possible cases we should certainly 
note that, as has been remarked, Domesday will occasionally 
tell us of the combination of inland and sokeland within the 
limits of the same subsidiary holding. We certainly cannot 
trust the terminology of the Survey so far as to assume that 
it has consistently differentiated inland from sokeland in all 
cases of the kind. On many estates the land must already 
by 1086 have acquired parcels of inland which are not dis- 
tinguished by Domesday from the adjacent sokeland. 2 Scribal 
error, indifference to the minute details of local organization, 
and the possibility of confusion in the replies originally 



1 Rhamm, Die Grosshufen der Nordgermanen, 140 f . ; Vinogradoff in 
E. H. R. xxi. 355-6. 

2 The existence of demesne teams upon discrete parcels of sokeland is 
very significant in this connexion, and the figures relating to the soke of 
Bolingbroke are peculiarly suggestive. This soke contained seventeen 
members ; and in eleven cases the teams possessed by the men of the 
respective vills are equal both to the carucates of assessment and to the 
recorded teamlands. On the other hand, in four out of these eleven 
entries there appears a demesne team in excess of the estimated number : 
Halton Holgate, 9C-9TI-9+1T; Sibsey, 6C-6TI-6 + 1T; 
East Keal, 4% C - 4J Tl - 4$ + 1 T ; East Kirkby with Revesby, 
12 C - 12 Tl - 12 + 1 T (fos. 35i-35ib). In these cases it is clear that 
the demesne teams are superimposed upon an existing agrarian organiza- 
tion, framed without reference to them, nor is this affected by the fact 
that the odd demesne team at East Keal seems to descend from a pre- 
Conquest manerium incorporated in the soke. 



sec. i] IN THE NORTHERN DANELAW 21 

given by the jurors, must all fully be allowed for in this con- 
nexion. 

The exact nature of the ties which united manor and soke- 
land in 1086 must have varied indefinitely between different 
individual cases, but a rough classification of them will be in 
place here : — 

1. By derivation, the essential feature of sokeland consists 
in its subjection to the justiciary power of its lord ; and we 
may fairly infer that suit of court was demanded from most 
sokemen already in 1086. It is a more difficult question how 
far beyond the Conquest these judicial powers may reasonably 
be carried, and what considerations of rank or wealth entitled 
a man to claim them. The earliest quotation for the employ- 
ment of the term soke in a geographical sense to denote 
a group of vills is probably to be obtained from the will of 
Wulfric Spot, 1002, in which we read of 'Mortun [Morton, 
Derby] and eal seo socna fte 'Saerto haere'S and ftset land Siderinn 
set Wyllesleage and Oggodestun [Ogston] and Winnefeld 
[Wingfield] and Snodeswic into Mortune'. 1 But Wulfric 
Spot was a powerful and wealthy thegn, and we may not 
lightly argue from him to his less important fellows of equal 
rank. There is evidence, as we shall see, which shows us groups 
of vills united by common subordination to jurisdictional 
powers exercised at a central estate as early as the middle of 
the tenth century ; and it would seem certain that juridical 
dependence was a determining factor in the original differentia- 
tion of sokeland from other free tenements ; our difficulty is 
that in King Edward's time much sokeland was appurtenant 

1 Earle, Land Charters, 220. Kemble, 1280. The Wyllesleage of this 
document is, I learn from Mr. W. H. Stevenson, a printer's error for 
Pyllesleage, and relates to Nether Pilsley, two miles from Morton. In 
1066 this vill (D. B. Pinneslei) was itself the caput of a manor, but 
belonged to the same owner, Swegn ' cild ', as Morton and Ogston, and 
possessed 2 bovates of sokeland in North Wingfield. The only Willesley 
in the county is situated in the extreme south (D. B. Wivlesleie), and is 
clearly a compound of the OE. personal name Wifel. ' Snodeswic ' has 
not been identified, it appears in Domesday as an independent manerium 
under the form ' Esnotrewic ', and probably lay somewhere near South 
Normanton. Morton is some two miles from Ogston and four from 
(South) Wingfield. The estate had evidently been re-organized between 
1002 and 1066. 



22 TYPES OF MANORIAL STRUCTURE [sec.i 

to manors held by men of small consequence, men whom it 
is not easy to endow with the right to hold a seignorial court. 
But in regard to this matter it is necessary to remember not 
only that we are in virtually complete ignorance as to the 
social position occupied by the smaller thegns of King 
Edward's day, but also that we can trace all the more ex- 
tensive groups of sokeland in the Danelaw back into the 
possession of men to whom extended franchises are known to 
have belonged. The famous entry at the beginning of the 
description of Nottinghamshire, which gives us the names of 
those who had formerly possessed ' sake and soke, toll and 
team and the king's custom of the two pennies ' over their 
lands in this county and in Derbyshire is highly significant, but 
it does not entitle us to assert that no one in this district can 
have held a court save those magnates whose names are included 
in the list which follows. When in the Nottinghamshire vill of 
Clarborough we see an Englishman of 1066 holding with sake 
and soke a single manor, rated at half a bovate, and valued 
at sixteen pence, 1 we must admit that very humble people 
might exercise justiciary powers, whatever their nature or 
extent may have been. 

2. If it is probable that as a rule manor and soke formed 
a jurisdictional unit, it is certain that in numberless cases they 
formed an agrarian unit, cemented by the labour services 
which were rendered by the men of the dependent holding. 
This agrarian bond must have been at its weakest in the case 
of large and scattered sokes, and at its strongest where the 
sokeland was contiguous to the manorial centre. It so happens 
that we possess a contemporary definition of the services de- 
manded in 1086 from a parcel of sokeland of the latter kind, 
which has hardly yet received the attention that it deserves. 
In 1086 the Nottinghamshire vill of Blyth was entered in 
Domesday as sokeland of the adjacent manor of Hodsock, and 
as inhabited by four villeins and four bordars (fo. 285). In 1088 

1 ' Ibidem habuit Ulchil dimidiam bovatam terrae ad geldum cum saca 
et soca. Terra ii bobus. Idem ipse Ulchil tenet de Rogero (de Busli) 

et habet ibi ii bordarios cum ii bobus, et i acra prati T. R. E. et modo 

valet xvi denarios ' (fo. 287). The occurrence of the full formula ' sake 
and soke ' places its jurisdictional force beyond doubt. 



SEC. i] IN THE NORTHERN DANELAW 23 

Roger de Busli, the lord of Blyth, founded a priory of Cluniac 
monks there ; and in his foundation charter he was careful to 
define in general terms the nature of the services which the 
men of that vill had rendered to him, and were to render to 
the monks, his successors. 1 If the text of the charter may be 
trusted, which there is no reason to doubt, the men of Blyth 
were accustomed to plough, do carrying service, reap, mow, 
make hay, pay merchet, and keep up the dam of the local 
mill-pool. This instance should not be pressed unduly, for 
we can hardly suppose that the sokemen of unmanorialized 
Lincolnshire were normally subjected to the severe burdens 
which lay upon the villeins and bordars of Blyth ; but it 
undoubtedly shows that the services which united manor and 
sokeland were capable of extension so as to include partici- 
pation on the part of the inhabitants of the latter in all the 
various kinds of agricultural work which centred upon the 
manorial demesne. 

But the charter has a further value from its bearing upon 
the general status of the Danelaw peasantry. It is somewhat 
surprising, for example, to find, barely more than twenty years 
after the Conquest, and in a remote part of a Danelaw shire, 
the distinctively servile payment of merchet occurring under the 
Norman name, but evidently regarded as an accepted custom. 
One is tempted to suggest a depression of the peasantry ; but 
in view of the later records which show us even sokemen sub- 

1 Our knowledge of this charter, a copy of which is given below, is 
derived from two independent sources, a cartulary once in the possession 
of William Sanderson of Blyth, now apparently lost, and the Harleian 
MS. 3759. The two copies vary in some important respects ; the version 
in Dugdale's Monasticon begins with the invocation ' In nomine sanctae 
et individuae Trinitatis ', and omits the witnesses, but both texts contain 
the clause describing the services of the men of Blyth. In the absence of 
the original it is, no doubt, possible to regard the clause in question as a 
late gloss ; but its occurrence in two distinct copies of the instrument 
makes this supposition highly improbable. The authenticity of the docu- 
ment as a whole is fully established by the names of the witnesses recorded 
in the Harleian copy (see V. C. H. Notts., i. 225); and so few baronial 
charters of the eleventh century have been preserved in an original form 
that we are certainly not entitled to regard the statement of services as 
a suspicious feature. The employment of the West-Frankish invocation 
formula is paralleled in the almost contemporary Tutbury foundation 
charter ; and the insertion of a year date is also found in the original 
Monk's Kirby charter of 1077. 



24 TYPES OF MANORIAL STRUCTURE [sec. I 

jected to this exaction, it is very doubtful whether this simple 
explanation would really be true. The Norman merchet has 
affinities with the Old English legerwite, no less than with the 
Celtic amobyr ; its appearance at Blyth in 1088 merely re- 
inforces the probability, which might be argued on other 
grounds, that some such payment was already made by free 
men to the thegns of King Edward's day. 1 Apart from the 
merchet, there is really little in this brief custumal to which 
a parallel cannot be found in the services of the Peterborough 
sokemen, forty years later. Carrying service, and the specific 
field-work here indicated, were incumbent in the twelfth century 
on sokeman and villein alike ; and even if the men of Blyth 
were subject to a demand for week-work, improbable, perhaps, 
but left open by our text, they were no worse off in this respect 
than the Lincolnshire sokemen of Scotter in 1125. 2 Heavy as 
these services may seem, there is nothing to suggest that they 
are in any sense the innovations of a Norman lord ; and we 
need not hesitate to believe that the little community of 
humble men at Blyth had substantially maintained the condi- 
tion that was their lot in the days of King Edward under 
Wulfsige, then lord of Hodsock and its sokeland. 

The Blyth foundation charter is contemporaneous with the 
Domesday text, but it gives no information as to the amount 
of the services, of which it indicates the general character. 
Some exceptionally early evidence relating to this matter, 
perhaps also, next to the Blyth document, the very earliest 
extant statement of services due from peasants to a lay lord, 
arises out of the case of the men of Revesby (co. Lincoln), a vill 
which in 1086 formed part of the great soke of Bolingbroke. 
At Revesby, in or about 1142, William de Roumara, Earl of 
Lincoln, successor to Ivo Taillebois, the Domesday lord of 
Bolingbroke, established a house of Cistercian monks. His 

1 For the payment oijnerchet by free men see Vinogradoff, Villeinage 
in England, 154-6, 202-4^; Maitland, Northumbrian Tenures, E. H. R. 
v. 629, &c. *■■ ' • 

a Chron. Petroburg. 164 : ' Et ibi sunt xxix sochemanni, et operantur 
i die in ebdomada per totum annum, et in Augusto ii diebus.' Elsewhere 
on the Peterborough estates the sokemen appear to be exempt from week- 
work. 



SEC. I] IN THE NORTHERN DANELAW 25 

foundation charter 1 is very instructive, for he tells us that as 
the land at issue was not in proprio dominio he felt it neces- 
sary to compensate the immediate holders. Exchanges of land 
were accordingly made with three knightly tenants, and with 
the priest of Thoresby, a neighbouring vill, now lost, and the 
succeeding portion of the text runs thus : — 

Rusticis autem in Scitthesbia (also lost) et Thoresbia et 
Revesbia manentibus omnibus terram accipere volentibus 
dedi escambium ad placitum eorum ; quibusdam eorum 
libertatem cum omnibus suis eundi et manendi ubi vellent 
absque calumnia. Magis eligentibus et petentibus, sicut 
eligerunt et petierunt et benigne voluerunt, liberos cum 
domibus et omnibus bonis suis dimisi. 

Haec sunt nomina eorum qui remanentes terram de me 
acceperunt. 

De Revesbia. 

(1) Alffernus recepit in escambium duas bovatas in 
Cherchebia [East Kirkby] per servicium viii solidorum per 
annum et nihil amplius, et primo anno quietas. 

(2*) Normanus recepit in escambium unam bovatam in 
Hagnebia [Hagnaby] per servicium duorum solidorum per 
annum et operationem unius diei in hebdomada et primo anno 
quietam. 

(3) Edricus recepit unum toftum in Hagnebia et duas acras 
terrae per servicium viii solidorum per annum, et operationem 
viii dierum in Augusto et primo anno quietum. 

(4*) Godric recepit in escambium unam bovatam in Stic- 
cenaria [Stickney] per servicium duorum solidorum per 
annum, et unum escheppe bracei ordei 2 contra nativitatem 
Domini, et operationes iii dierum in hebdomada in Augusto, 
et aliis hebdomadis per annum operationem duorum dierum, 
et primo anno quietam. 

(5*) Ricardus de Revesbia recepit unam bovetam in 
Sticcefordia [Stickford] per idem servicium per annum 
excepto quod escheppa bracei quam debet dare erit de 
avena. 

1 Mon. Ang. v. 434. Dugdale derived this charter from an original in 
the possession of Sir Henry Spelman, now apparently lost. 

a For the (e)scheppa brasei compare Chron. Petroburg, 160 [Easton, 
Northants.] : ' Et isti (sc. xxi villani) debent facere lxiii sceppas de brasio 
de blado domini.' Clearly, each villein had to produce three ' sceppae '. 
The term skep is still used to signify a large basket in the NE. Midlands. 



26 TYPES OF MANORIAL STRUCTURE [sec.i 

(6) Paie Blancherd recepit unum toftum per servicium 
sex denariorum per annum et nihil amplius, et primo anno 
quietum. 

Unfortunately for our purpose, the greater part of the 
peasantry chose to take advantage of their lord's licence to 
depart ; and the document ends with a list of their names : a 
unique enumeration of the population of a Danelaw vill at the 
middle of the twelfth century. 1 But on the existing evidence, 
although all the men of Revesby appear indifferently as 
adscripti glebae — they cannot leave their land without the 
sanction of their lord — we can trace clearly enough two classes 
of peasant distinguished from each other by the question of 
week-work ; and in the light of the conditions which prevailed 
on the Peterborough estates at this time, we may fairly identify 
the men whose service consisted only of rent and boon-days 
with the representatives of the sokemen of 1086. It may be of 
some significance that already at the latter date a portion of 
demesne had been created on the soke of East Kirkby and 
Revesby, which, to all appearance, had not existed there be- 
fore the Conquest ; 2 a fact which would certainly tend to 
increase the stringency of the labour services exacted from the 
local peasantry. To this should be added the probability that 
the services required for the future from the men who agreed 
to an exchange of land were lighter than those which had 
previously been demanded from them while in possession of 
their original tenements. 3 It is a complicated situation with 
which we have to deal ; much had happened at Revesby 
between King Edward's death and the migration of 1 143; it 
remains true that the circumstances of the latter event serve 
to throw a faint light upon a matter in general utterly obscure— 
the local economy of the Danelaw villages under the Anglo-Nor- 
man kings. And although in such a case as this there is always 

1 The personal names in the list are too corrupt to be worth reproduc- 
tion here. They illustrate, however, the adoption of Norman personal 
names by the native peasantry. 

' In Cherchebi et Resvesbi xii car. terrae ad geldum. Terra xii 
carucis. Ibi liiii sochmanni et xiiii villani habent xii carucas. Ibi habet 
Ivo (Taillebois) i carucam et ii ecclesias et clxxx acras prati' (fo. 351 b). 

1 This is the case in regard to the tenants of knightly rank. 



SEC. i] IN THE NORTHERN DANELAW 27 

a temptation to read more into our texts than is really implied 
in them, we should note the possibility that the mere fact of 
an exchange being offered to the expropriated peasants may 
be due to the lord's recognition that even their small tenements, 
situated as they were upon ancient sokeland, lay outside his 
proprium dominium. 

At a later time the juridical and agricultural aspects of the 
manor are intimately connected through the communal pre- 
sentation of offences against the agricultural practice of the 
township in the manorial court. By-laws were made within 
its precincts, and their observance was secured by its sanction. 
No detail of agricultural life was too insignificant to become 
the subject of presentment by the jurors of the court leet— the 
keeping of unringed swine, trespass with oxen in the harvest 
field, the neglect to scour ditches, breach of the common pin- 
fold, fences out of repair, are visited with amercements imposed 
by the same authority which punishes assault and the breach 
of the assizes of bread and ale. But before we may argue from 
later practice to the eleventh century, there remain two im- 
portant questions to be answered .; the questions whether the 
court of a discrete manor took cognizance of the agricultural 
routine of its constituent members, and whether the whole 
procedure by presentment was not an innovation due to the 
enterprise of Henry II or of the lawyers of his court. 1 As to the 
presentment of criminals before the sheriff in his tourn, this last 
point would seem to have been finally demonstrated ; but it is 
not so clear whether, under this aspect, Henry's work was not 
the employment for purposes of government of a procedure 
already operating within the sphere of the manor. We cannot 
for a moment doubt the earlier existence of some machinery 
for securing general compliance with the traditional agricul- 
tural practice ; and it is hard to see how an offending rustic 
could have been brought under the control of the village com- 
munity without a general agreement that his misdeeds might 
be brought by any person interested before the notice of the 
township as a whole. The creation of manorial courts must 

1 Select Pleas in Manorial Courts (Selden Soc), Introduction, P. and 
M. i. 589. 



28 TYPES OF MANORIAL STRUCTURE [sec. I 

have regulated procedure, and mads the decisions of the com- 
munity more effective ; and we may reasonably be confident 
that the regulation of agricultural routine formed a part, none 
the less vital because its details are unknown, of the work done 
by the courts which had arisen by the date of Domesday. 

As regards the first question, we are thrown back entirely 
upon the recorded practice of later times. In the seventeenth 
century the court of a manor may well exercise jurisdiction in 
regard to the agrarian life of hamlets whose inhabitants do suit 
and service there, and if the interval is vast between the time 
of King Charles and the time of King William, we shall at least 
do well to remember the intense conservatism of English rural 
life. The very inconvenience of the arrangement is itself a 
good argument that the arrangement is no innovation. We 
should not expect the internal economy of the individual vills 
incorporated in the wide sokes of Lincolnshire to be regulated 
by the central court of the soke ; and yet, in Elizabeth's time, 
the soke of Grantham issues general by-laws evidently bind- 
ing upon all its members. Practice in this respect no doubt 
varied between different manors ; but it would at least be 
agreed that the performance of labour service was a proper 
subject for the justice of the lord in his court, and from this to 
the reception of complaints respecting breaches of agricultural 
order in the several vills of the soke is an easy step. And we 
shall probably be justified in concluding that the court of the 
head manor was in innumerable cases the means through which 
the whole agrarian organization of the soke was regulated and 
maintained. 

3. It is very probable that in addition to their association 
with the agricultural routine of the chief manor the inhabitants 
of sokeland were accustomed upon occasion to assist the 
manorial population in the performance of the military service 
demanded from the estate by the king. The passages in 
the Danelaw Domesday which bear directly upon this point 
are few but suggestive 1 : — 

1 To these passages the following may be added for the sake of com- 
parison": ' Radulf Pagenel clamat socam et socam {sic) super terrain 
Aluric quam Wido de Credun habet in Osbernebi [Osbournby, Lincoln]. 
Dicit wapentac quia iste Radulfus debet habere de hac terra unum equum 



SEC. i] IN THE NORTHERN DANELAW 29 

(1) fo. 368. S. In Summerdebi [Somerby, near Gran- 
tham] Adelid vi bovatas terrae ad geldum. Terra vi bobus. 
Haec soca talis fuit quod nichil reddebat, sed adiuvabat in 
exercitu regis in terra et in mari. 

(2) fo. 357 b. In eadem villa [sc. Swaton, Lincoln] 
habuerunt Alsi et Adestan i carucatam terrae ad geldum. 
Terra x bourn. Aluric frater eorum habebat socam super 
illos in Hazebi [Haceby, eight miles west of Swaton] 
solummodo in servitio regis. 

(3) fo. 366. In Wivelesford [Wilsford, Lincoln] habuit 
Siward ix carucatas terrae ad geldum. Terra xii carucis. 
De hac terra habuit Azor frater ejus vi bovatas, et i molen- 
dinum, quietum (sic) ab omni servitio praeter exercitum. 

Now it may be admitted that none of these entries relate to 
normal examples of sokeland. The two latter examples are 
clearly connected with the arrangements frequently made 
between tenants in parage by which one co-parcener defended 
the whole estate as against the king and received assistance 
from his fellows to this end. The first case is more difficult, 
for the ' Adelid ' of the Domesday entry seems to represent 
the OE. female personal name Aethelgyth. The manor to 
which this lady's estate in Somerby had been annexed in 
10 66 — Keisby, six miles to the south-east — had been held by 
a thesn named ' Offram ' at the latter date, and the nature of 
his relations with Aethelgyth is obscure. But the main fact, 
that among the rights implied in the possession of soke could 
be included the power of exacting military service from those 
who held under the soke, is clear, and it is enough for our 
present purpose. The traces, in later records, 1 of the per- 
formance of military service by sokemen are few, but they are 
definite, and the entries given above reinforce the antecedent 
probability that the freemen of King Edward's time were 

in expeditione quando vadit ' (fo. 377 b )- Ralf's predecessor was Marles- 
j wegen, Sheriff of Lincoln, and it may well be that the claim in question was 

founded on rights which the latter had exercised in his official capacity 
i when calling out the fyrd. He certainly possessed no land in or near 

Osbournby. 
1 In a rental of Staunton, Notts., temp. Henry VI, there is mention of 

tenants bound by customary service to ride with their lord to Scotland. 
' The marginal entry Haec est consuetudo shows that this custom does not 

result from any feoffment within memory, and it may well be a survival 

of the military duties of the local peasantry. 



30 TYPES OF MANORIAL STRUCTURE [sec. I 

bound, if need arose, to take the field at the bidding of their 
lord. In 1 1 25 the twelve sokemen of Great Easton in Leicester- 
shire were expected to do such service as was incumbent on 
them of right with the knights of Peterborough ; we may be 
sure that a similar burden lay upon the nine sokemen who 
dwelt within the vill in 1086, 1 and that their predecessors, 
seated there under Earl Ralf of Hereford, were expected upon 
occasion to follow him to war. The sokeman's tenure in 
1086 had not the unmilitary characteristics which distinguished 
the socage of the thirteenth century. 

The terminology of Old English law placed beside the 
inwara, which represented the service of dependants to their 
lord, an utwara to be rendered to the king 2 ; and the survival 
of these terms in the Danelaw to a period much later than is 
commonly supposed may have some bearing upon the present 
question. Between 1100 and 1200 the texts printed in 
Dugdale's Monasticon furnish grants of land ' ad utware ' 
relating to eight distinct vills in Yorkshire, Lincolnshire, and 
Nottinghamshire 3 ; and the term in question is found repeated 
in confirmations of title in a manner implying that the condi- 
tion of service which it involved continued to be a matter of 
practical importance. The inwara is much rarer ; it is con- 
trasted with the utzvara in the foundation charter of Worksop 
Priory, 4 of which the original has recently been printed, and 

1 Chron. Petroburg. 172, cf. V. C. H. Leicester, i. 310. 

2 For the utwara cf. Vinogradoff, Growth of the Manor, 239, 284; 
English Society in the Eleventh Century, 193-4. 

3 See Athenaeum, June 24, 1905, and July 13, 1907, for Nottinghamshire 
and Yorkshire examples of the Utwara in twelfth century charters, and 
for a Nottinghamshire reference to the Inwara. The authenticity of the 
latter is proved by its appearance in the contemporary foundation charter 
of Worksop Priory. To these may be added the following Lincolnshire 
instances : — Mon. Ang. vii. 865 (Foundation Charter of Newsham Abbey, 
circ. 1 146) 'sexta parte de ecclesia de Brochelesbi [Brocklesby] et una 
bovata ad utwar. . . . Ecclesiam quoque de Haburch [Habrough] cum 
bovata terrae ad utwar.' So also Mon. Ang. vi. 327 (Confirmation Charter 
of Richard I to Thornton Abbey) : ' Ex dono Herberti de Sancto quintino 
yi bovatas terrae ad upware (sic) in Stainton. ... Ex dono Radulfi de Alt 
ii bovatas terrae et dimidiam ad Utware et sextam partem molendini in 
Brunna [Burnham in Areholme] . . . de abbacia beatae Mariae Eborem 
in Brunn [Burnham] et Thorn dimidiam carucatam terrae cum pertinenciis 
ad Utware.' 

* Mon. Ang. vi. 118. 



SEC. i] IN THE NORTHERN DANELAW 31 

it occurs in an isolated passage in the Liber Niger of Peter- 
borough. There is no need to insist on the military implica- 
tions of the utwara, iheforinse servicium of Bracton ; but the 
term also connoted burdens very distinct from service in war. 
There is good reason to suppose that it implied responsibility 
for the geld, in contrast to the inwara, covering land reserved 
for the exclusive profit of the lord. Such at least is the 
conclusion suggested by the employment of the latter term 
in the Liber Niger, where the phrase ' In Estone sunt iii hidae 
ad in waram ' at the beginning of the entry relating to Easton 
in Northamptonshire is contrasted with the note ' Haec villa 
adquietat se erga regem pro dimidia hida' in a way which 
suggests the traditional balance of inwara and utwara. 1 That 
we read nothing of the utwara in the Danelaw surveys may 
be explained by the fact that the Domesday commissioners 
were incurious about the local apportionment of forensic service 
when the title to land was not affected thereby ; it is no 
objection to the belief that in 1086 the lord's ancient duty of 
compelling his men to seek the fyrd was still one of the forces 
which made for the subordination of scattered freeholders to 
the control of a central maneriimi. 

4. But of much greater importance in this respect, because 
of universal extension, are the financial relations which united 
manor and soke ; relations expressed in the various payments 
in money or in kind which were being derived by the lords of 
the eleventh century from their men seated on appurtenant 
sokeland. That the compilers of Domesday recognized the 
financial unity of manor and soke is proved by a fact which 
seriously hinders the investigation of the local statistics of the 
Danelaw, the fact that in all but a few exceptional cases the 
value or render of the soke is incorporated in the value 
assigned to the chief manor of which it formed part. It is 
obvious that in the actual working of the manorial economy 
the revenues of the soke must have been kept distinct from 
the proceeds of the central manor ; in the twelfth century 
a baron could endow a grantee with a portion of the exits of 

1 Chron. Petroburg. 159, 160. The estate is not made the subject of 
a separate entry in Domesday. Cf. Villeinage in England, 342. 



32 TYPES OF MANORIAL STRUCTURE [sec.i 

a soke, 1 just as the king could charge the farm of a borough 
with an annual payment to any given individual ; but it is 
unusual for the distinction to be marked in Domesday. Now 
in so far as this fact merely implies that the Domesday scribes, 
working against time, wished to spare their labour, it is of no 
particular interest ; but an examination of the values assigned 
for King Edward's time to those manors which were the 
centres of the widest sokes suggests a more significant reason. 
A few of these pre-Conquest values may be set out here. In 
Nottinghamshire, Dunham produced £30 and six sestars of 
honey, Orston .£30 by tale, Newark £50, Southwell was 
worth £40. In Derbyshire, Repton was worth £15 to the 
king, Mickleover £25 to the abbey of Burton. In Lincoln- 
shire, Folkingham was estimated at £50 ; Greetham at £40 ; 
Caythorpe, Caistor, Drayton, Bolingbroke at ,£30 ; Rusking- 
ton at £25 ; Waltham le Wold, Doddington, Sleaford, 
Horncastle at £"20 ; Gayton le Wold, Westborough at £i$\ 
Edenham at £10. In Yorkshire, Wakefield was worth ,£60 ; 
Howden, Aldborough, Driffield, and Warter were worth £40 
each ; Wilton was worth £20 ; Otley .£10. Figures of this 
type, it is clear, do not result from the addition of a number 
of casual payments, 2 nor shall we readily believe that they 
represent chance estimates of manorial value on the part of 
the local jurors. 3 Manors of the type of Drayton, Greetham, 
Folkingham, drawing revenue from vills a score of miles away, 
stand in a different category from the ordinary rural estate, 

1 Mon. Ang. vi. 97 : ' Dedi et concessi . . . quadraginta solidos in soca 
de Staplefordia [Stapleford, Leicester].' Charter of Robert Earl of Notting- 
ham (i. e. Derby) to Breedon Priory, Leicester. Cf.V.C.H. Leicester, i. 319. 

2 There is a remarkable contrast between these figures and those 
assigned to the royal sokes of Rothley and Great Bowden, Leicestershire. 
The value of Rothley in 1086 represented £3 is. from the central manor 
and £31 8s. id. from its members ; at Great Bowden the demesne of the 
vill brought in 40 shillings yearly, the men of the vill rendered 40 shillings, 
the soke, £7 lis. 6d. It is clear that these manors, unlike the rest of the 
royal demesne of Leicestershire, had not been farmed ; but the fact that 
the values given here obviously represent actual renders made to the lord 
suggests very strongly tha.t the same is true of the neater valets and 
valuits of Lincolnshire. 

The entry which gives the value of Grantham, Lincoln, is especially 
suggestive. ' T. R. E. tota Granham fuit soca ad lii libras, modo reddit 
c libras ad pondum. Ecclesia fuit tunc ad viii libras, modo est ad x libras, 
sed non valet nisi c solidos ' (fo. 337 b). The Northamptonshire evidence 
points in the same direction. 



SEC. i] IN THE NORTHERN DANELAW 33 

of which the value, a matter of plough-teams, woods, meadows, 
and mills, lay fairly enough within the knowledge of the local 
peasant. These figures are unintelligible unless we regard 
them as farms, the sums for which the bailiff of each manor 
was required to render account to his lord ; exactly parallel 
to the payments which the men of the midland boroughs were 
making at this time to their lord, the king. And in esti- 
mating the forces which at the time of the Survey were holding 
together the sokemen of the Danelaw in the manorial groups 
with which that record makes us familiar, the fact of their 
joint contributions to the common farm of the estate to which 
they belonged should fairly be assigned high importance. 1 

As, then, the nature of the values recorded for the greater 
manors of the Danelaw raises issues of some significance, it 
may be well to examine some of the figures which do not 
of themselves suggest the existence of any system in the 
background. In Nottinghamshire, for example, Clifton in 
Rushcliffe wapentake is valued T. R. E. at £16; Bothamsall 
and Sutton-with-Scrooby at £8 ; Arnold at £4. In Derby- 
shire, Scropton, Eggington, Ilkeston, Weston-on-Trent, and 
Sawley stand at £8. Markeaton, Morton, and Nether Pilsley 
at £4. In Lincolnshire, Nettleham and Kirton Lindsey were 
valued at ,£24 ; Stow and Barrow-on-Humber at £32 ; 
Claxby and Well at £8 ; Kirkby Laythorpe at £4 ; Wadding- 
ton at £96. In Yorkshire, Loftus and Acklom stand for £48 
each ; Bridlington, Clayton, Easingwold, Ripon for £32 ; 
Laughton en le Morthen for ^"24; Kippash for £16. Now 
the unit of £8, to which it is evident that these figures may 
be referred, was familiar enough to the men of the Danelaw 
in the eleventh century. It was the sum paid as relief to the 
king by the Nottinghamshire thegn who possessed more than 
six manors ; it denoted the fine laid upon the local hundreds 
for certain specified breaches of the king's peace. Its appear- 
ance in such associations as these no doubt results from the 
fact that it included just 120, a round hundred, of those orae 

1 The regulations in the Leges Henrici Primi for the settlement of 
disputes between a lord and his firmarius prove a common practice of 
farming estates. 

M.S. D 



34 TYPES OF MANORIAL STRUCTURE [sec. I 

of sixteen pence, current generally in England in the eleventh 
centuiy. The existence of this eight-pound unit as a basis 
for computations of manorial value clearly accounts in part for 
the frequent occurrence, in Yorkshire, of extensive estates 
estimated at the curious sum of £56 each. 1 The recurrence 
of this value in relation to estates diverse both in their agri- 
cultural capacity and in their assessment to the geld shows at 
once that an arbitrary estimate has been made in each case ; 
a fact more consistent with the conception of the ' valuit ' as 
a fir ma pre-determined by the lord than with the assumption 
that it represents an approximate calculation of potential revenue 
on the part of the local jurors. In any case, the values based 
upon the unit of eight pounds clearly fall into line with the 
normal decimal estimates which have been quoted above as 
evidence of the conventional character of the pre-Conquest 
values assigned to the greater manors of the Danelaw. 

As to the origin of the payments rendered by sokemen to 
their lord, little can be said with any confidence. When at 
last, in such a document as the Rothley custumal, 2 we obtain 
detailed information as to the internal economy of an extensive 
soke, the render received by the lord in respect of the several 
tenements appears in a form indistinguishable from rent in 
the modern sense of the word. 3 At Rothley there is a marked 
tendency for tenements of equal size to render to the lord an 
equal sum of money, 4 a tendency which would not be likely 
to prevail if the payments in question merely represented the 
traditional dues exacted in ancient times from the free men of 

Thus, on the estate of Drogo de Beurere in Holderness, Hornsea, 
Kilnsea, Mapleton, Withernsea, Burstvvick are severally valued at this 
sum (see Maitland, Dom. Bk. and Beyond, 473). In every case except 
the last Earl Morcar is returned as the pre-Conquest owner, and Burst- 
wick is assigned to EarlTostig, Morcar's predecessor in the Northumbrian 
earldom. Morcar's manor of Pickering was valued at ,£88 ; Whitby, 
which belonged to Earl Siward, at ^112. The lands of Tostig and 
Morcar at ' Walesgrif ' and Pocklington were likewise valued at ,£56 each, 
as also was Edwin's manor of Gilling. 2 Archaeologia, xlvii. 89-130. 

3 Compare Burton Cartulary, 29 : ' Item Ricardus Alius Godefredi habet 
similiter de terra sochemannorum v bovatas et dim. ; iii scilicet et dim. 
pro xd et dim. sicut sochemannus, et duas quietas sicut Racchenstus.' 

4 This sum, with local variations, approximates to a rent of 2f. 2d. for 
the bovate, which would give a value of 13 orae to the carucate. Very fre- 
quently, however, the rents cover a toft in the village in addition to the 
arable holding. 



sec. i] IN THE NORTHERN DANELAW 35 

the soke. On the other hand, if any general remark can in 
safety be made about these scattered estates of which Rothley 
is a type, it is that the right of the sokeman to his tenement 
is independent of, and older than, the manorial organization 
to which, when we discover him, he is found annexed. And 
not only is this the case, but, as will appear hereafter, there is 
no real reason why the original dependence of the sokeman 
upon his lord should have resulted, in the first place, from the 
act of either party to the relationship. The action of the 
Old English kings in granting soke over freemen to thegns, 
earls, or religious houses undoubtedly played a part, as im- 
portant as it is obscure, in creating the discrete manors of the 
Danelaw. And yet, in the relationship thus created, it may 
well be that payment or services were involved, which, under 
the different circumstances arising in the eleventh century, 
might harden into conditions of tenure resembling a modern 
rent. If the free man, in the days of his independence had, 
according to custom, contributed money or provisions to the 
feorm of king or earl, we may be sure that this burden was 
not remitted by the new lord ; we may infer a local regulation 
of its incidence similar to that which obtained in the case of 
the geld, and from this point onwards we may accept the 
desire to co-ordinate the render made by each man with the 
extent of his holding in the open fields as sufficient to produce 
the general conformity between render and tenement visible 
in the thirteenth century. In regard to all this matter, we 
are arguing in the dark ; but if we are to maintain the original 
freedom of the normal sokeman it becomes necessary to 
assume that some process of the kind indicated here lies 
behind the facts of his condition as they appear when we first 
obtain knowledge of them. 

Among the financial burdens incumbent on sokeland, a 
prominent place is taken by those payments which are com- 
monly comprised under the generic name of consnetudines. 
This term, which occurs less frequently in the surveys of the 
Danelaw shires than in those of the counties to the south and 
east, is sufficiently vague to cover different payments of very 
diverse natures ; while at the same time it points unmistak- ; 

D 3 



36 TYPES OF MANORIAL STRUCTURE [sec. I 

ably to the fact that the exactions which it covers are being 
levied as a matter of customary practice. 1 That in some 
cases the consiietudines covered the whole value of the soke to 
its lord is made probable by the description of the Nottingham- 
shire soke of Oswardbeck (fo. 281b); for in two successive 
entries the 'hi sochmanni reddebant xx solidos de consue- 
tudine' of the first evidently gives the information supplied by 
the 'haec soca valet x solidos' of the second. But the origin | 
of these payments remains obscure, and indeed it is probable 
that their incidence was determined by no consistent prin- j 
ciple. 2 At times it is clear that the sokeman's payments to 
his lord represent a commutation of rents in money or in 
kind ; and it is to be noted that actual food-rents must surely ; 
have still been exacted in some of those cases where sokeland 
was dependent upon a manor which included no demesne, 
and of which the lord held no land in other vills. Then, too, j 
full allowance must be made for payments in respect of suit i 
to the manorial mill, 3 or in connexion with that fold-soke of 

1 Among the payments of diverse origin which have gone to produce j 
the consuetudines rendered by the inhabitants of sokeland an important 
place should be assigned to the gafol, the gablum of early texts. Gafol 
was certainly paid to the king in pre-Conquest times by men who were 
not seated upon the king's own land (English Society, 210-11). 

2 The Burton Cartulary (page 29) shows that at Winshill (Derbyshire) : 
the lord received the sokeman's heriot, amounting on that manor to 16 
shillings (= 12 orae). No doubt similar payments were exacted elsewhere. 

s Little is said in the Danelaw surveys about mill-soke, and that little j 
is confusing. One thing is clear, that it was possible for the soke of a 
mill to be reserved to some one other than the lord of the manor in which 
it lay. The case of the mills of Barkston is definite on this point. In 
1086 a portion of Barkston formed a berewick of the neighbouring vill of 
Belton, and contained two mills ' unde iacet soca in Grantham ' (fo. 370 b). 
The greater part of Barkston was itself sokeland of Grantham, and there 
also were two mills ' which Thurferth the son of Wulfred had — their soke in 
Grantham ' (fo. 338). This must in some obscure way be connected with 
an enigmatical entry in the Kesteven Clamores to the effect that ' Robert 
de Stafford and Colswegen likewise claim two mills which are in Barkston. 
The wapentake says that they lie in Marston, and their soke in Grantham' 
(fo. 377 b). Neither Robert nor Colswegen held land in Barkston, but 
the former possessed a manor in Rauceby, eight miles to the NE., formerly 
the property of one Thurferth, probably Thurferth the son of Wulfred. 
The reference to Marston remains inexplicable. If the analogy of 'fold- 
soke' is worth anything, mill-soke should imply the lord's power of com- 
pelling his men to grind their corn at the manorial mill. It is therefore 
somewhat strange to find the soke of a mill reserved to a person other 
than the lord of the manor in which it was locally situated ; but this was 
clearly a possible thing. We may conjecture that in such cases the soke 



SEC. i] IN THE NORTHERN DANELAW 37 

which we read so much in the East Anglian survey. 1 Probably, 
also, not a little of what was rendered by the sokeman of the 
eleventh century was given by way of an acknowledgement 
of the lord's superiority over his sokeland ; a payment which, 
it may be noted, a Norman baron would find both convenient 
and easy to confound with the arbitrary tallages which he 
was beginning to exact. But even after we have enumerated 
the more obvious sources of the revenue derived from this 
quarter, there will still remain a residue to which no occasion 
can readily be assigned, and of which the origin probably lies 
far back in the unwritten history of the Danelaw vills. 

In the previous passage a casual reference has been made 
to the possibility that food-rents may originally have formed 
one element in the scheme of payments and services which 
united the sokeman to his lord. Traces of rents in kind are 
discernable at a later date than Domesday 2 in the Dane- 
law ; but we read little of this form of render in our texts, and 
the probability is strong that in most cases food-rents had 
already been commuted into money payments by the time of 
the Conquest. A fortunate chance has, nevertheless, preserved 
a copy or translation of a document coming from the reign of 
iEthelred II in which the constituent parts of an annual feorm 
are set out with clearness and accuracy. 3 In this text a land- 
owner bearing the name of ^Ernketel, a name arguing Scan- 
dinavian descent or relationship, and his wife Wulfrun tell 
King ^Ethelred that they have granted to Ramsey abbey their 
land of ' Hikelinge et . . . Kinildetun ' cum firma et servitio 
sicat habetur in dominio nostro. The lands which formed the 
subject of the grant cannot with accuracy be identified in 
Domesday, but they certainly lay in the adjacent vills of 

of a mill was represented to the external lord by a fixed and customary 
payment, the lord of the manor retaining the surplus dues rendered for 
the service of the mill by the local peasantry, and presumably the miller's 
rent. It is further probable that this reservation of the soke of the mill 
accounts for the somewhat frequent appearance of entries which assign 
merely the site (sedes) of a mill to the lord of the manor. The mill itself, 
we may believe, was in being, but its profits, or a known and definite share 
of them, were paid by way of soke to the external lord. 

1 Compare the sixteen shillings 'de consuetudinibus pascuarum quae sunt 
in Scapewic et Cherchebi ' which the men of Navenby, Lincoln, retained 
by force (fo. 376 b). 

2 As in the Revesby case quoted above, p. 25. s C. D. 971. 



38 TYPES OF MANORIAL STRUCTURE [sec. I 

Hickling and Kinoulton under the wolds of South Notting 
hamshire. 1 The document is drawn up in a somewhat un- 
usual form ; but as Ramsey Abbey possessed no land in this 
neighbourhood in 1086, and claimed no estate there at any 
subsequent date, the deed, even if a forgery, must have been 
compiled before the close of King William's reign, and the 
details which it contains may fairly be cited in evidence of 
eleventh-century conditions. Of these details the most im- 
portant is a statement of the jirma which was yearly to be 
rendered to the abbey from the vill of Hickling. Each year, 
on St. Benet's Day, Wulfrun directs that the abbey should 
receive ' x mittas de brasio, et v de grut, et x mittas farinae 
triticae, et viii pernas, et xvi caseos, et duas vaccas pingues . . . 
in capite vero quadragesimae viii isicios '. This represents 
a substantial rent, but it was no onerous burden for the men 
of a prosperous Danelaw vill, 2 and there was little room for 
the interference of the bailiffs of thegn or abbot in the matter 
of its incidence or collection. No doubt, in process of time, 
the store-house of an absent lord might develop into a hall 
with adjacent demesne, and labour upon the latter might 
be substituted, at first, perhaps, in times of scarcity, for the 
yearly gift of hams and cheeses; but it is at least evident 
that this development has not yet occurred in the one Danelaw 
vill of which something of the internal economy, in the period 
before the Conquest, is known to us. 3 Nor need we hesitate 
to argue from the feorm of Hickling to the rents paid in 

1 The authenticity of the grant is supported by a passage in the Ramsey 
Cartulary (Rolls Series, iii. 167), which tells us that yErnketel and Wulfrun, 
parents of ^Ethelwine, fourth Abbot of Ramsey, were buried there in 1019. 
This is clearly derived from independent tradition, and the passage adds 
that ' terrram de Hikkeling et de Kuldeton ' were given by these persons 
to the abbey. The editor identifies ' Kuldeton ' with Kilvington, Notts. ; 
Kemble identifies the 'Hikeling' of CD. 971 with Hickling, Norfolk. 
But the local proximity of Hickling and Kinoulton is conclusive, and the 
latter name may well descend from an OE. Cynehilde itin, to which the 
Kinildetune of the text is an approximation. 

2 In Domesday, part of Hickling was a berewick of Cropwell Bishop, 
held T. R. E. by St. Mary of Southwell ; two carucates there were soke- 
land of Granby ; and an estate of 3 \ carucates was held as two manors by 
Turchil and Godwine. It is most probable that this last property repre- 
sents the land of C. D. 971, but this cannot be considered certain. 

Hickling affords a fair field for the processes of manorialization 
described by Maitland, Dom. Bk. and Beyond, 319-20. 



SEC. I] IN THE NORTHERN DANELAW 39 

King Edward's day by the men of other manors of whose 
burdens we must perforce be content to remain in ignorance. 

Between the discrete manors of the Danelaw and those of 
which we read in the survey of such a county as Cambridge- 
shire there exists a superficial resemblance which is no doubt 
sufficiently striking. In both districts the lord of the chief 
manor appears as drawing revenue from, and as exercising 
jurisdiction over, free men settled at a distance from the 
manorial centre. In either case, the divergence from the 
type of manor represented in the compact estates of the south 
is remarkable and definite ; but there remains a noteworthy 
distinction between the form of manorial structure revealed 
in the Cambridgeshire survey and that which tended to pre- 
vail in Lincolnshire. Considered with reference to our texts, 
this distinction may be expressed in the statement that while 
in Cambridgeshire the economy of the discrete manor is 
created by the varying relations of groups of free men to their 
respective lords, in Lincolnshire it arises from the adminis- 
trative dependence of scattered tenements upon the manorial 
centre. In part, no doubt, it may be true that these different 
conceptions represent very similar types of local organization ; 
it is certainly the case that the formulas in which they find 
expression in the survey are far from identical. Those 
formulas, so common in the rest of England, which tell us 
whether this man or that held his land freely, whether he 
could dispose of it without his lord's licence, 1 will rarely be 
found in the surveys of the Danelaw shires other than Leices- 
ter ; and in Leicestershire the distinction of tenements as 
manors, sokes, and berewicks does not occur. Whatever the 
reason, the compilers of the Danelaw Domesday seem little 
interested in questions of tenurial status, either as affecting 
the relations of peasants to their lord, or in connexion with 

1 In the entry relating to Shipley, Derbyshire, the accident of a dis- 
puted claim has brought out into the text a statement of the kind. Shipley 
was held T. R. E. by Brun and Odincar, but had passed by 1086 to 
Gilbert de Gand, whose usual predecessor in these parts was Ulf ' fenisc \ 
Accordingly there is appended to the description of the manor the state- 
ment ' Hanc terram dicunt homines qui juraverunt non pertinuisse ad 
Ulf fenisc T. R. E., sed ipsi ii taini (sc. Brun and Odincar) ita tenuerunt 
ut potuissent dare et vendere cui voluissent ' (fo. 277 b). 



40 TYPES OF MANORIAL STRUCTURE [sec. I 

the dependence of our pre-Conquest lord upon another in the 
matter of soke or commendation. The Clamores of York- 
shire and Lincolnshire reveal to us somewhat of the tangled 
relations which existed among the northern thegns of King 
Edward's day, but these relations, in so far as they are known 
to us, cannot be correlated with the formulas which underlie 
the text of the local surveys. With regard alike to peasant 
and lord the status and liberties of the holders of lands before 
the Conquest, elsewhere noted as a matter of rule, are held 
considerations of little account in the Danelaw. 

It is not impossible, however, that a casual recognition of 
the importance of these matters may lurk behind the occa- 
sional appearance in the Lincolnshire survey of an enigmatical 
formula, unknown elsewhere in Domesday, the frige soca. 1 Of 
this formula there are eight clear examples, and, to all seeming, 
no more. 

fo. 340. (1) In Schillintune [Skillington, Beltisloe wapentake] 

habuit Morcar comes iii carucatas terrae ad geldum et Friguist 
et Bridmer {rectius Brictmer < OE. Beorhtmcer) i car: terrae 
ad geldum . . . Frigesoca in Schillintune. 

fo. 346. (2) M. In Turolvebi [Thurlby, Ness wapentake] habuit 

Elnod 1 car: et dim. ad geldum . . . Frigesoca sub Aslac. 

fo- 357 b. (3) S. In Westbi [Westby, Beltisloe wapentake] x bov: 

terrae ad geldum . . . Frisoca in Heidure [Haydor]. 

fo. 366. (4) M. In Bercheham [Barholme, Ness wapentake] habuit 

Aschil i car: terrae ad geldum . . . Ibi habuit ii homines 
Godefredi [de Cambrai] dimidiam carucam et v soch' de tercia 
parte hujus terrae frisocam. 

fo. 368 b. ( 5 ) M 2 . In Carlebi [Carlby, Beltisloe wapentake] habuerunt 

Dane et Carle i car: terrae et bis quintam partem unius 
bovatae ad geldum. . . . Terra Carle fuit frig soca sub Dane. 

Ibid. (6) M 3 . In Breseburg [Braceborough, Ness wapentake] 

et Barnetorp habuerunt Dane et Carle et Ledflet (< OE. fem. 
p. n.*Leodflaed) xx bovatas terrae ad geldum. ... Terra 
duorum ex his fuit frig soca sub Dane. 

(7) M 2- In Cretune [Creaton, Beltisloe wapentake] habue- 
runt Fredgist et Brictmar xii bov: terrae et ii partes ii bova- 

1 See Maitland, Dom. Bk. and Beyond, 93; Vinogradoff, English 
Society in the Eleventh Century, 124. It is best to consider the question 
of the frige soca apart from the marginal notes fg, f, which occur at times 
in the Lincolnshire survey. The meaning of the latter remains doubtful. 






Ibid. 



SEC. i] IN THE NORTHERN DANELAW 41 

tarum ad geldum. . . . Terra Brictmar fuit frig soca sub 
Fredgist. 

(8) M r In Rosbi [Rauceby, Flaxwell wapentake] habuit Ibid. 
Vlsi iii car: terrae et dim: bov: ad geldum. M 2 et Osmund, 
— iii bov: et dim:, et Siward — i car — habuerunt xi bov: terrae 
et dim: ad geldum. . . . Terra Siward frig soca sub Osmundo. 

Now, we should certainly note that all these entries relate 
to vills situated within . a moderate distance of each other. 
Seven out of the eight properties involved lay within the two 
south-western wapentakes of Kesteven ; and Rauceby in Flax- 
well wapentake is a bare dozen miles from Westby in 
Beltisloe. This is significant, for it suggests that the casual 
appearance of the frige soca in the Lincolnshire survey is due 
to its omission from the local returns sent in from the greatest 
number of the Lincolnshire wapentakes. It can hardly be 
the result of chance that no example of the term can be 
obtained from Lindsey or Holland, to say nothing of Notting- 
hamshire or Derbyshire. But the interpretation of the term 
itself is a more serious matter. If, in accordance with the 
analogy of such a compound as frigman, we render frige 
soca by ' free soke ', we still have to discover the sense in 
which these particular instances of soke were peculiarly free. 
Despite the inherent probability of the suggestion, we cannot 
well take frige soca to mean soke over free men, 1 for at 
Thurlby, Carlby, and Braceborough the highest rank of the 
recorded peasantry consisted of villeins. An examination of 
the entries themselves may perhaps help us to a different 
solution. It is surely suggestive that six out of the eight 
entries refer to estates which before the Conquest had been 
divided among two or more owners, of whom one had pos- 
sessed the frige soca of his fellows. That one thegn should 
possess soke over another, dwelling in the same vill, was no 
remarkable circumstance ; but may we not infer that the 
essential freedom of the soke in the cases which have been 
quoted lay in the fact that it could be withdrawn at will by 
the inferior party? If we see in the Elnod of Thurlby, the 
Brictmar of Creaton, the five sokemen of Barholme, men who 

1 English Society in the Eleventh Century, 124. 



42 TYPES OF MANORIAL STRUCTURE [sec. I 

could go with their land and soke whither they would, we shall 
obtain a useful point of contact between the tenurial order of 
Lincolnshire and that which obtained in East Anglia. How 
far liberties of this kind were common in the Danelaw shires 
is a question to which no positive answer is forthcoming, 
fo. 365. When we are told that in the Lindsey vill of Cammeringham 
Siward had a manor of half a carucate, and Elnod likewise 
half a carucate sokeland of the former manor, we may suspect 
that the jurors of Beltisloe wapentake would have qualified the 
latter's holding as a free soke, but we can prove nothing. If the 
form of tenure which we have ventured to infer from the frige 
soca formula was at all widespread in the Danelaw, the compilers 
of the local surveys have chosen to tell us little about it. 

The result is that the manorial organization of the Danelaw 
appears in Domesday as far more permanent and stable than 
the agrarian system of such a county as Cambridge. In the 
former case, we obtain definite information as to the local dis- 
tribution of different types of tenement at the time of King 
Edward's death, with the obvious implication that little change 
in regard to this matter has occurred between this date and the 
taking of the Domesday Inquest ; in the latter case, we are 
shown groups of men, dependent, indeed, upon a lord, and 
rendering him dues and service, but connected with him rather 
by personal ties than by their occupation of lands appurtenant, 
by prescription, to his several estates. The sokeman who 
could give or sell his land where he would is an unknown 
character in such counties as Lincoln or Nottingham. It 
would be highly rash to assume that the silence of Domesday 
respecting him proves his non-existence ; but it would be no 
less unsafe to see merely a terminological difference between 
the sokes or berewicks of the Danelaw and the scattered 
members of the manors of Cambridgeshire. The whole 
structure of these rural groups varies in the two districts in 
question. Instead of the small holdings of isolated free men, 
interspersed among shots and furlongs rendering soke or 
custom to many different lands, which distinguished the 
typical village of Cambridgeshire, the Danelaw surveys reveal 
the existence of compact blocks of land, very frequently of entire 



SEC. I] IN THE NORTHERN DANELAW 43 

vills, in subordination to a common manorial centre. As a 
typical Danelaw estate, we may consider for a moment Geoffrey 
Alselin's Lincolnshire manorofRuskington, formerly the property 
of the wealthy thegn Tochi, the son of Outi. To this manor 
were appurtenant as sokeland the entire twelve-carucate vills fo. 369 b. 
of Donington, Digby, and Rowston, half Dunsby and Leasing- 
ham, more than three parts of Brauncewell, and great part of 
Rauceby and Roxholm ; Anwick, a vill of six carucates, was a 
berewick of the manor. We shall not lightly assume that an 
estate of this kind results from the chance agreement in com- 
mendation to a single lord of the 196 sokemen who, apart 
from villeins and bordars, inhabited the chief manor with its 
dependent members ; l we may seriously doubt whether any one 
of these men possessed the right of withdrawing his land and 
service from the manorial group without his lord's consent. 
If we insist on the identity of vill and manor as the character- 
istic feature of the perfected manorial system, the Danelaw, of 
all England, will perhaps appear most remote, in local organiza- 
tion, from the manorial idea ; but it may seem more than 
doubtful whether the system developed in estates of the type 
just described is not nearer to this end than are the unstable 
groups of free men revealed in the shires to the south and east. 
In a future section of this essay evidence will be brought 
forward to show that the type of manor comprising a central 
estate with appurtenant property distributed among scattered 
! vills already existed in the Danelaw shires as early as the 
J middle of the tenth century. Direct evidence of this kind is, 
! however, rarely to be obtained ; and in general we are 
dependent upon conjecture in our attempt to trace the origin 
of the greater sokes of the Danelaw. The one circumstance 
which affords a clue, although a faint one, in regard to this 

1 Contrast the description of William Peverel's Northamptonshire 
manor of Coton-under-Guilsborough (V. C. H. Northants, i. 339 a). The 
members of this estate lay in Thornby— 1 hide, I team, no recorded 
inhabitant : Winwick — 3 virgates, I team, I sokeman : West Haddon— 
1$ virgates, \ team, 1 sokeman : Cold Ashby — £ virgate, | team, 1 soke- 
man : Nortott — | hide, 1 team, 1 sokeman : Hollowell — I virgate, | team, 
I sokeman. It is difficult to resist the conclusion that these five sokemen, 
distributed over as many vills, had severally commended themselves to 
William Peverel or his unnamed predecessor at Coton-under-Guils- 
borough. 



44 TYPES OF MANORIAL STRUCTURE [sec. I 

matter is the curious relation which evidently existed in the 
eleventh century between the geographical area of the greater 
sokes and the boundaries of the respective wapentakes within 
which, in name, they lay. It is unusual for an important soke 
to extend beyond the borders of a single wapentake or group 
of adjacent wapentakes; 1 it is highly exceptional for any 
wapentake to include more than a single soke of wide extent. 
For some cases illustrative of this principle a simple explana- 
tion lies to hand ; the sokes of Bolingbroke, of Horncastle, of 
Newark, clearly result from the grant to their owners of the 
courts of the several wapentakes to which those places gave 
name ; the Conqueror's grant of Well wapentake to St. Mary 
of Stow 2 was, in effect, a transfer to that house of the | 
rights which the Countess Godgifu had exercised in King 
Edward's time. But this explanation, though attractive, 
must not be carried too far ; for in many cases the courts of 
soke and wapentake co-existed independently for centuries. 
The great soke of Rothley in 1086 comprised twenty-one 
distinct members all lying within the Leicestershire wapentake | 
of Gosecote, yet nothing in the Rothley documents warrants us ! 
in assuming that the court of Rothley had ever been regarded ; 
as the court of Gosecote wapentake. Cases of this kind admit, j 
in part at least, of another explanation, suggested by what we 
read of the Nottinghamshire wapentake of Oswardbeck, the 
district in the extreme north-east of the county. Excluding 
certain small properties, this wapentake, as described in 
Domesday, fell into three divisions : a group of thirteen 
manors, to two of which small parcels of sokeland were appur- 

1 Thus in Lincolnshire the soke of Waltham-le-Wold lay entirely in 
the wapentake of Haverstoe, that of Belchford in Gartree, that of Wragby 
in Wraggoe, Gayton in Louth Eske, Grantham in Aswardburn, Caistor 
in Yarborough. On the other hand, Greetham, the widest soke in the 
Danelaw, extending over thirty-five vills, is distributed among the wapen- 
takes of Hill, Calceworth, and Candleshoe ; Kirton in Lindsey, between 
Manley and Corringham. In Leicestershire the soke of Great Bowden 
is confined to Gartree wapentake, that of Melton Mowbray to Framland ; 
Gosecote includes the entire sokes of Rothley and Barrow-on-Soar. In 
Nottinghamshire the soke of Clifton was distributed over eleven members 
all lying in Rushcliffe wapentake ; the royal sokes of Dunham and Orston 
respectively are confined to Bassetlaw and Bingham. Such trustworthy 
evidence as is available supports the tendency indicated in the text. 

Eynsham Cartulary (Oxford Hist. Soc.),i. 48-50. Cf. Domesday, fo. 376. 



SEC. i] IN THE NORTHERN DANELAW 45 

tenant, which had descended from various owners to Roger de 
Busli, the lord of Blyth ; thirteen distinct pieces of sokeland 
annexed to the king's distant manor of Mansfield, fifteen miles 
away upon the further side of Sherwood Forest ; and a 
number of scattered tenements forming sokes or berewicks of 
the ancient estates of Sutton and Laneham, in the possession 
of the Archbishop of York. It is the peculiar value of this 
t instance that it reveals the king with unmistakable clearness 
' as the immediate lord of all those men who are not involved 
in subjection to other lords 1 ; and that it suggests the prob- 
ability that some, at least, of the wider sokes of the Danelaw 
have resulted from a royal grant to thegn or earl of the king's 
rights over all the unattached free men dwelling within a given 
wapentake. Such a grant, it will be obvious, would have con- 
sequences quite distinct from the effects of a direct bestowal 
of the wapentake itself; the independence of the ancient 
assembly would in no way be affected by the withdrawal of 
the king's free men from its sessions. 

But there can be little doubt that in many cases the king's 
grant of soke merely gave sanction to an organization which 
had already come into being 2 through the voluntary submission 
of its members, or through the aggression of some local 
magnate. In such cases, the tendency towards the inclusion 
of the soke as a whole within the wapentake in which the 
chief manor lay must be sought at a time before men had 
learned to conceive of a local court distinct from the tradi- 
tional assembly of the district. If, as seems probable, the 
court of the immunist was anciently held at the same time and 
place as the meeting of the wapentake or hundred, we can the 
better understand the origin of a confusion which persisted 

1 A somewhat similar case is presented by the sokeland of Melbourne, 
Derby. Within a short distance of Melbourne, but on the other side of 
the Trent, lay six vills, portions of which were surveyed collectively under 
the heading ' Haec Soca pertinet ad Mileburne in Scarvesdele [Scarsdale] 
wapentac' (fo. 272 b). The Domesday scribe has probably got the name 
of the wapentake wrong ; but the king appears with sufficient clearness 
as the residual lord of the free men of the district. 

2 We cannot ignore the possibility that in some cases the sokes of 1066 
may represent local arrangements formed at the time of the Scandinavian 
settlement of the ninth century. 



46 TYPES OF MANORIAL STRUCTURE [sec I 

after the assembly of the sokemen had normally come to be 
held within the precincts of the central manor. In any case, | 
it is to this quarter that we must look for the cause of one of 
the frequent local anomalies presented by the Danelaw surveys 
—the division of single vills between two distinct wapentakes, j 
The Nottinghamshire vill of Staunton lies within the wapen- 1 
take of Newark, except that a small portion is annexed to the 
parish of Orston in the adjacent wapentake of Bingham x ; and 
we shall not be wrong in identifying this disassociated tract 
with the seven bovates, three acres, which in 1066 were soke- j 
land of King Edward's manor of Orston. In Lincolnshire, by 
the date of the Lindsey Survey, divided allegiance to the j 
manors of Waltham and Tetney had split the vill of Waithe 
between the wapentakes of Hamfordshoe and Bradley. In 
Leicestershire, the fact that the vills of Caldwell and Wycomb, 
in Gosecote wapentake, form to this day an outlier in the 
wapentake of Framland, may safely be attributed to their 
ancient inclusion in the soke of Rothley. In such cases as 
these, it is clear that the force of seignorial control has proved 
stronger than the force of customary association in determining 
the boundaries of soke and wapentake ; 2 but the fact only 
points the more definitely to the origin of the manorial group 
in a segregation of tenements within the borders of the more 
ancient local division. 

Thus far, we have mainly been occupied with the condition 
of sokeland geographically separate from the head manor to 
which it belonged. It must now be added that Domesday will 
often show us sokeland within the manorial area itself. ' In 
Bulcote, Swegn had 2 carucates of land and a bovates of land 
(assessed) to the geld, and in the same place (there are) 15 
bovates of land to the geld, sokeland of this manor' (fo. 288 b) is 
a Nottinghamshire entry of a type which has many Lincolnshire 
parallels. In a few valuable cases, as we have seen, the 
Lincolnshire Domesday inserts the phrase in dominio to dis- 

1 Thoroton, History of Nottinghamshire (ed. Throsby, 1790), i. 303-5. 

' Probably the meeting of the immunises men was held apart from, but 
contiguously to, the session of the wapentake court. In such cases isolated 
groups of men over whom the immunist acquired soke would naturally be 
required to join the meetings of their fellow dependants. 



SEC. i] IN THE NORTHERN DANELAW 47 

tinguish the manorial portion of the vill from the adjacent 
sokeland. Elsewhere in the record the distinction is less 
clearly marked ; and in a very large number of entries the 
presence of what we may call inter-manorial sokeland is 
I expressed by a peculiar formula which deserves quotation : 
' In Eakring Ingolf had 6 bovates of land (assessed) to the 
; geld. There is land for two ploughs. There William, 
! Gilbert's man, has i plough, and 3 sokemen on 3 bovates of 
this land,and 2 villeins and 3 bordars having 2 ploughs' (fo. 290b). 
Entries of this type are virtually confined to the surveys of 
Lincolnshire and Nottinghamshire ; but within these limits 
there are more than two hundred cases in which the extent of 
the tenements belonging to the manorial sokemen is defined. 
Just as, at one time, the compilers of the survey will explicitly 
mark off the dominium from the soke, at another they will 
content themselves with indicating the amount of land in the 
occupation of the sokemen ; it was immaterial that one entry 
should run ' In Merestune [Marston] habuit Alsi i car terrae ad 
geldum in dominio et x bovatas terrae in soca ',* and another 
' In Wellebrune [Welbourne] habuit Goduine xii carucatas 
terrae ad geldum . . . Ibi habet Robert Malet . . . xxxv soche- 
manni de vii carucatis hujus terrae' (fo. 368). 2 It is clear that 
for some purpose it was important to preserve a record of the 
amount of land held within each vill by the local sokemen. 

The nature of this purpose is suggested by the fact that to 
all appearance the extent of the holdings in question was 
always expressed in fiscal terms. At times the tenements of 
the sokemen form a definite proportion, an exact half, it may 
be, of the total rateable area of the vill. We may particularly 

1 f°« 357. Cf. fo. 358 b. The correspondence of sokemen with soke- 
land is further illustrated by two entries on folio 349 b. (1) ' In Staintune 

[Market Stainton] habuit Godric ii carucatas terrae ad geldum Dimidia 

carucata sochmannorum. (2) In Tadewelle habet comes Harold v caru- 
catas terrae ad geldum . . . Duae carucatae in soca.' The latter formula 
is most frequently employed in folios 349-351 b. 

2 Compare the following Yorkshire entry (fo. 314): 'In Daltone ad 
geldum xv carucatae et ii bovatae. Ibi Turgot i manerium. ... In eadem 
villa est soca pertinens ad ipsum manerium vi car. et vi bov. ad geldum. 
Ibi est nunc i sochmannus.' Occasionally, but very rarely, a special 
entry is made of the sokemen's teams. Fo. 304 b [Welton] : ' In dominio 
vi carucae, et xxxiiii villani, et iii bordarii habentes ix carucas, et x 
sochmanni cum vi carucis.' Cf. fo. 286 [Tollerton, Notts.]. 



4 8 TYPES OF MANORIAL STRUCTURE [sec. I 

note three almost consecutive entries on folio 362 b. At 1 
Burton, near Lincoln, of 10 carucates, 6 bovates, represent- 
ing the assessment of the estate, twenty-nine sokemen held 
5 carucates, 3 bovates ; at Dunholme four sokemen held 
1 carucate out of 2 carucates laid on the vill ; in the case of 
Roxby, we are informed by an interlineation that twenty-four ; 
sokemen held 21 bovates out of an estate rated altogether at 
5 carucates, 2 bovates. Elsewhere in the record the relevant 
figures, it must be admitted, are less convincing ; but there 
remains a fact which no less definitely emphasizes the fiscal 
aspect of the sokeman's tenement. If we consider separately 
the entries relating to Nottinghamshire, Lindsey, and Kesteven, 
the prevalent ratio between the carucates of assessment and 
the estimated teamlands is very different in each of these three 
districts. 1 In Kesteven the teamlands are commonly exactly 
equal in number to the carucates of assessment, save that in 
the rich country on the Nottinghamshire border the carucates 
are not infrequently in excess. In Lindsey, save in some 
exceptional cases, the teamlands outnumber the carucates, and 
in Nottinghamshire the excess becomes so great as to suggest 
the probability that the teamland of this county is really a 
conventional quantity, the survival of an obsolete assessment. 2 
After this, it is surely significant that the average holding of 
the sokeman is at its highest in Kesteven, declines rapidly in 
Lindsey, and reaches its lowest point in Nottinghamshire ; 3 

1 The varying relations of carucate and teamland in Lindsey and 
Kesteven will be discussed in V. C. H. Lincoln, i. Some idea of the facts 
may be gathered from Eng. Soc. in Eleventh Cent., Appendix ix. Table 
I, A includes the analysis of 121 entries in which the gelding carucates 
exceed the recorded teamlands. Of these entries 77 relate to Kesteven, 
21 to Holland, and only 23 to Lindsey, the largest division of the three. 

2 V. C. H. Nottingham, i. 211-13. 

3 These facts may be expressed in tabular form : — 

In Kesteven 525 sokemen were seated upon 944^ bovates. 
In Lindsey 917 „ „ „ 779J „ 

In Notts. 336 „ „ „ 211* „ 

That is, upon an average, jo sokemen in Kesteven would possess almost 
exactly 18 bovates; in Lindsey, rather more than 8| ; in Nottingham- 
shire, rather more than 6 J. The only Holland examples available relate 
to Frampton, where 2 sokemen had 4 bovates, and to Butterwick, where 
36 sokemen had 9 carucates. Out of 56 Lincolnshire entries in which 
the average sokeman's tenement amounts to less than one bovate, 4 only 
relate to Kesteven. One Derbyshire entry may be quoted : at Ilkeston 
10 sokemen had 2 carucates. 



SEC. I] IN THE NORTHERN DANELAW 49 

that the typical sokeman's tenement varies in close correspon- 
dence with the fluctuations of the prevailing villar assessments. 
Unless the figures in question represent fiscal terms, it is hard 
to see why the four sokemen of Barnby-in-the- Willows, on the 
extreme edge of Nottinghamshire (f. 284), should possess an 
average holding of but half a bovate, while the twenty-seven 
sokemen cultivating soil of identical texture and quality in the 
adjacent fields of Stapleford, across the Lincolnshire border, 
should hold among themselves no less than 6 carucates and 
6 bovates of land (fo. 366 b). It is, in fact, clear that local differ- 
ences of rating underlie the variations, of which the cases of 
Barnby and Stapleford are only examples chosen almost at 
random ; but the fact is sufficient to establish the conclusion that 
the sokeman in 1086 was still held responsible for the geld laid 
upon the land which he cultivated. Whether this explicit defini- 
tion of the tenements of the manorial sokemen may be taken to 
imply that the land of villeins and bordars was being acquitted 
of geld by their lord raises questions to which it is hardly 
possible to supply an answer at present ; the antecedent proba- 
bility which is thus created must be considered in connexion 
with the existing evidence respecting the dealings of the 
collectors of the geld with the local village communities, and 
this evidence is inconclusive. For our immediate purpose it is 
more important to remark upon the fact that, even within the 
precincts of the manor, the sokemen were regarded as in some 
sense external to its organization ; that the tenements which 
they occupied were their own property, subject to seignorial 
exploitation, but co-ordinate with, rather than subordinate to, 
the lord's demesne. Their position under such circumstances 
was, no doubt, sufficiently precarious ; but the later history 
shows that on manor after manor the sokemen of 1086 handed 
on their essential freedom to their successors, and in their 
lands we may with reason recognize a main source of the 
ancient freeholds enclosed within the manors of the Danelaw 
shires. 1 

1 Compare Massingberd, E. H. R. xx. 699. The determination of the 
extent and situation of ancient freeholds would be an interesting subject 
for local investigation. 

M. s. E 



50 TYPES OF MANORIAL STRUCTURE [sEC.l 

In all that has hitherto been said, we have been arguing for ! 
the general rule that underneath the terminology of the Dane- 
law Domesday there lies an implied division of all tenements 
into two great classes, distinguished by the nature of the lord's 
interest in the land described. Should the land in question be 
regarded as belonging to the lord, it will be reckoned his | 
inland, and if it formed a subordinate portion of some greater 
estate, it will normally be entered as a berewick of the latter. 
Should the lord merely appear in relation to the land as the 
recipient of dues and service from its inhabitants, it will be 
returned in our record as sokeland. In face of much diversity 
of local custom, the compilers of Domesday seem to be trying 
to maintain this distinction ; and if the result of their labours 
seem to lack somewhat of the symmetry of an ordered manorial 
system, we shall do well to remember with what a mass of 
heterogeneous local custom they had to deal. It may be 
proper at this point to indicate some of the more serious com- 
plications which tend to make the distinction before us less 
definite than might at first sight appear. 

If we restrict ourselves for the time to the standpoint of the 
manorial lord, we shall see that it was possible for an estate to 
be burdened in many ways, determined by the varying rela- 
tions in which it stood with regard to other estates. A lord 
might well have a manor of which the soke lay in another 
manor external to his fief. 1 This presents no serious difficulty ; 
but it was equally possible for a lord to hold de soca a parcel 
of land the soke of which was yet reserved to some other lord. 2 
Such cases compel us to recognize that jurisdiction, dues, and 

1 Fo. 363: 'M. In Hermodestune [Harmston, Lincoln] habuit Copsi 
iii carucatas terrae et dimidiam ad geldum. . . . Ibi habet Radulfus [de 
Mortimer] i carucam in dominio. . . . Super hanc terrain habet Hugo 
comes socam in Wadintone [Waddington].' Fo. 349 b : Earl Hugh pos- 
sessed a large manor in Waddington, formerly the property of Earl 
Harold, to which 20 carucates in Harmston belonged as sokeland. Com- 
pare fo. 309 : ' In Dirneshala habuit Elsi i manerium de iii carucatis. . . 
Soca hujus manerii pertinet ad Alverton [Northallerton].' 

8 So, lor example, in that part of Hagvvorthingham, Lincoln, which is 
entered among the sokeland of Gilbert de Gand's manor of ' Torp '. Fo. 
355 : \ In Haberdingham vi bovatae terrae ad geldum. Terra x bourn. 
Soca in Greetham.' On folio 349 Earl Hugh is assigned a parcel of land 
in Ha 'worthingham as sokeland of Greetham. 



sec. i] IN THE NORTHERN DANELAW 51 

service were separable things, that there was no necessity for 
a man who rendered service to a lord to be that lord's justici- 
able, and that the agrarian and juridical ties between manor 
and sokeland were not bound in practice to coincide. But it 
is an added complication that by private arrangement the soke 
of an estate was partible between individuals. When, for 
example, we are told that two brothers had equally divided 
among themselves the soke which had belonged to their father, 
we may see here the result of a family treaty by which half 
the dues received from the estate, half the profits of the 
manorial court, and half the services rendered at the manorial 
demesne had separately been assigned to each of the contract- 
ing parties. 1 Some personal arrangement of this kind presum- 
ably underlies the surprising appearance of a half sokeman on 
Robert de Stafford's Lincolnshire manor of Scredington and 
Robert Dispensator's sokeland of Roughton. 2 Then, too, it 
was possible in King Edward's day for one lord to give 
soke to another in the witness of the wapentake, a fact 
which rendered possible a variety of contested claims to land 
and jurisdiction. 3 On all grounds, it is impossible for us to 
conceive of the manors of the Danelaw as constituting a series 
of mutually exclusive groups : the burdens which determined 
the organization of the individual manor were so different in 
character and so diverse in origin that here and there, inevit- 
ably, some overlapping was bound to result. 

It is further to be noted that the systematic employment in 
regard to this district of an unvarying terminology serves to 
conceal the fact that the local organization, which that ter- 
minology was intended to represent, was at this particular 
time in a peculiarly unstable condition. The whole scheme 
according to which the Danelaw Domesday is drawn together 
implies the assumption of an absolute continuity between the 
conditions which obtained in King Edward's day and those 
of the twentieth year of King William. That this assump- 
tion covers a remarkably transparent fiction is sufficiently 
obvious ; but it is not so easy to make the necessary allowance 

1 Fo. 375. The division gave rise to a dispute between the Bishop of 
Durham and Eudo son of Spirewic. Compare fo. 340 b with fo. 359b. 

2 Fo. 368 b, 363 b. Cf. the Torrington entries on fo. 358. 3 Fo. 376 b. 

E 2 



5a TYPES OF MANORIAL STRUCTURE [sec. I 

for it when we argue back from the recorded facts of 1086 to 
the agrarian organization of 1066. We might illustrate the 
resulting uncertainty in many ways. There is, of course, a 
marked general tendency towards the conversion of pre-Con- 
quest sokeland into manorialized estates ; and yet there exist 
definite cases in which the reverse process has happened. If 
a thegn of 1066, holding a manor of which the soke belonged to 
some great estate, forfeited his land, it might well be that the 
land in question should appear in Domesday merely as soke- 
land of the larger manor to which it was jurisdictionally sub- 
ject. 1 So too with reference to the difficult questions presented 
by the appearance of villeins or bordars upon sokeland, we may 
recognize that these men may very possibly represent native 
peasant proprietors of humble rank, and yet suspect that the 
new lord, by purchase, exchange, violation of local custom, 
assumption of fiscal responsibility, or succession to escheated 
tenements, has become possessed of land in dominio which our 
record is not careful to distinguish as such. Already in 1086 
the great estates of the Danelaw with their satellitic dependen- 
cies were beginning to break up into independent maneria, 
and new forms of local association were coming into being ; 
Chesterfield, which is entered in Domesday as a berewick of the 
royal manor of Newbold (fo. 272), appears in 1093 as a separate 
manor with berewicks of its own. 2 Vill and manor were as 
yet far from coincident ; in the Danelaw this equation was 
never to become the rule ; 3 but the disintegration of the 
greater estates was combining with the general amalgama- 
tion of the smaller maneria to produce an intermediate 
type of estate ; an estate forming an independent agrarian 
unit, in which the features characteristic of the later manorial 
economy might find room for development. The Domesday 
Inquest was taken while this process was still in an early stage ; 
but the tenurial conditions of the Danelaw were each year 

1 Fo. 351. East Keal, Lincoln. In 1086 4^ carucates were held here 
by Ivo Taillebois as sokeland of Bolingbroke, but at the end of the entry 
we are told ' Ibi habuit Summerled manerium, et valebat xx solidos 
T. R. E.— modo simile'. So fo. 303 b : ' Warnesfeld,' York. ' Ad Osbolde- 
wic fOsbaldwick] pertinet, scilicet tamen manerium fuit.' 

3 Mon. Ang. viii. 127 1. 8 See below, pp. 64-9. 



SEC. I] IN THE NORTHERN DANELAW 53 

passing more and more out of correspondence with the facts 
on which the terminology of the Survey was based. 

And lastly, this terminology itself implies a cross division 
between the different kinds of tenements and the different 
classes of persons familiar to its authors. On the one hand, 
we are given the manor, the berewick, and the soke, as the 
three recognized forms of rural organization ; on the other 
hand, the villeins, bordars, and sokemen, who constitute the 
rural population, are separated from each other by distinctions 
which have only a secondary reference to the position occu- 
pied by the members of each class in respect of their agrarian 
environment. On this we have already remarked ; but it 
must be reiterated that we remain in virtual ignorance as to 
the status enjoyed by the predecessors of these men in King 
Edward's day. 1 The classical text descriptive of the organiza- 
tion of society in late Anglo-Saxon times, the Rectitudines 
Singularurn Personarum, supplies information totally at vari- 
ance with such evidence as we possess respecting the social 
classes revealed in the Danelaw Domesday. In part, no doubt, 
this discrepancy is due to the purpose which inspires the 
earlier record. The compiler of the Rectitudines had no 
intention of undertaking an analysis of the different orders of 
society ; he wished to describe the services which were due 
from the several ranks of the manorial peasantry. But it is 
further probable that the Rectitudines relate to conditions 
which obtained in the south or south-west of England ; and 
an argument from Dorset under King /Ethelred to Lincolnshire 
under King William demands certain preliminary assumptions 
which we should be very unwilling to make, for the author of 
the latter tract explicitly tells us that services are many and 
various, and that he only writes of what he knows. It is at 
least certain that any attempt to identify in the Danelaw of 
1086 the social ranks which are described in the Rectitudines 
breaks down in each instance at some critical point. If, 
following the terminology of the Glastonbury Inquisition, 2 we 

1 The Wantage code of yEthelred II, which from its terminology 
relates exclusively to the district of the Five Boroughs, contains little 
directly bearing upon the mutual relations of different social ranks. 

2 (Roxburgh Soc.) e.g. p. 26. Cf. Villainage in England, 144. 



54 TYPES OF MANORIAL STRUCTURE [sec. I 

would see in the gcneat of the Rectitudines the representative 
of the Domesday villanus, we shall be compelled to ascribe 
to the latter a degree of economic independence which is 
scarcely warranted by the Danelaw texts, and to ignore the 
many points of similarity between the geneates riht of the 
Rectitudines and the services of the radknights of the western 
shires. Even more improbable is the equation which has 
been suggested between the villanus and the gebur ; for it is 
a distinguishing mark of the latter's condition that he be 
provided with stock by his lord, and the ubiquitous class of 
villani is recorded on many a Danelaw manor whose former 
owner, to all seeming, was himself but little wealthier than were 
the peasants around him, nor can it be ignored that elsewhere 
in England the gebur is represented by the burns of Domes- 
day. 1 It cannot be doubted that the villein class was recruited 
in part from both geneats and geburs, but the uniform ter- 
minology of Domesday has made it impossible to estimate 
the relative proportions of these classes and to recover the 
details of their pre-Conquest status. The correspondence 
seems closer between the cotsetle and the bordarius, and yet 
here too the bordarii as a whole seem considerably wealthier 
than the oxless cottagers of the Rectitudines ; nor may we 
fairly deny to the bordar of 1086 his share in the common 
fields of his vill. Most plausible of all, it may be, is the 
equation of the geneat with the sokeman of Domesday ; and 
in this case we obtain for once an explicit documentary con- 
tradiction of the suggested identification. In view of the writ, 
entered in that most respectable of all English cartularies, 
the Textus Roffensis, 2 by which the Conqueror grants to 
Archbishop Lanfranc Freckenham in Cambridgeshire as Thur- 
beorn and Goti held it of Harold in regard to ' lands, and 



1 This must not be pressed too far, for the burus appears so rarely in 
Domesday that it is certain, that no systematic record is made of his 
existence. 

' Wharton, Anglia Sacra, i. 336. The date of the writ is approximately 
determined by the fact that Lanfranc gave the manor to Bishop Gundulf 
of Rochester (app. 1077), and that before his fall in 1082 Odo of Bayeux 
presided over a plea relating to the appurtenances of the manor, then in 
Gundulf 's possession. 



sec. i] IN THE NORTHERN DANELAW 55 

meadows, and pasture, and wood, and geneats, and sokemen ', 
the geneat of Cambridgeshire was clearly a different type of 
person from the sokeman of that shire. 1 Further than this 
we need hardly go, for the whole tenor of the Rectitudines 
suggests that in it we are reading the description of some 
fully manorialized estate, in which by specialization of function 
all the local peasantry have been brought into some definite 
relation with an elaborate and highly developed organization 
of labour service. 2 We shall travel widely over the Danelaw 
shires before we find a manor of this sort ; and unless or until 
some other record comes to light we must, it may be feared, 
be content to take our sokemen, villeins, and bordars very 
much as we find them in Domesday. 

1 The relevant Domesday entry occurs at fo. 190 b, under the name of 
Gisleham [Isleham], to which Freckenham was appurtenant (Anglia Sacra, 
•• 339)' ln i°66 twelve sokemen, all of whom could give and sell their 
lands, held one hide under ' Turbert '. There was also a popular group 
of eleven villani. Cf. Freeman, Norman Conquest, iv. 371. 

2 If, as is suggested, the Rectitudines comes from the south of England, 
it would not be expected that the sokeman should be included within its 
scope. Unlike the villein and the bordar, the sokeman bears a name of 
English origin, and the writ quoted above carries back the name in 
question to the time of King Edward. 



II 



avi 



In a former section of this essay H was attempted-to indicate 
the main distinctions between the two recognized types of 
subordinate tenement, known respectively as the berewick and 
the soke. It may be well at this point to consider some of 
the various forms assumed in the Danelaw by the manorial 
organization as a whole ; and in particular to inquire how far 
it may be possible to trace these forms as already in being in 
the Old English period. 

It is unfortunate that at the very outset of this inquiry we 
are faced by a problem which seems at present likely to 
remain insoluble in detail : the question as to the exact mean- 
ing which the term manerium itself bore to the Domesday 
scribes. The brilliant section which the late Professor Mait- 
land devoted to the manor in his Domesday Book and Beyond l 
showed the impossibility of a retrospective application of the 
definitions recognized by the lawyers of the sixteenth century ; 
and it enunciated a new theory upon the subject, of complete 
originality, which, if valid, would have supplied a clue to many 
difficult points arising from the terminology of the Survey. 
But the theory that the manor was the ultimate unit in the 
collection of the geld has, one must sorrowfully admit, not 
stood the test of detailed criticism ; and the tendency of 
scholars at the present time is to deny that the word manerium 
was in any sense a technical term to the men of 1086. And 
so the inquiry has come to assume somewhat of a different 
form ; and instead of seeking for definitions which shall be of 
general application we are rather compelled to investigate the 
various characteristic features assumed by the manorial group 
in different parts of England, and in particular to ask in what 
manner these features may have been relevant to the general 
purpose of the Domesday Survey. 

In the shires with which we are here concerned we are at 

1 Pp. 107-28. 



sec. 11] TYPES OF MANORIAL STRUCTURE 57 

once impressed with the care taken by the Domesday scribes 
to record the name of the native owner of every tenement to 
which the manerium formula is applied. 1 We remember that 
in the famous Ely writ the commissioners were required to 
ask who held the mansio in King Edward's time, as well as 
the name of the contemporary owner ; and in regard to the 
Danelaw shires, other than Leicester, the answers to the former 
question are recorded with unusual consistency. Now this 
fact seems to argue a general correspondence between the 
manerium of Domesday and the heafod botl of late pre- 
Conquest documents, the capitate messnagiiim of the thirteenth 
century. Whatever may have been the native word which was 
represented by the Domesday manerium, and there is some 
evidence to suggest that the Old English tun was employed in 
this sense in the eleventh century, if not earlier, 2 it must 
sometimes have connoted the lord's dwelling. Direct evidence 
in this matter is somewhat to seek ; but it is supplied in a 
measure by certain Yorkshire entries which suggest that the 
recognition of a given tenement as a manerium depended on 
the former existence of a ' hall ' on the property. On folio 317 
occur the following pair of entries : — 

M. et B. In Cevet [Chevet] sunt ad geldum iiii carucatae 
terrae . . . Duae car: et dim: sunt in soca de Tateshalla et 
i car: et dim: inlant. Ibi tamen habuit Norman aulam. 

1 Frequent instances in which the name is deliberately interlined or 
corrected show the importance which the scribes attached to this matter. 
The formula ' A tenuit B pro manerio ' is only used when through 
exigencies of space the entry relating to a manor was not, according to 
custom, made in column, where the symbol M could be applied to it. 

2 Such a conclusion is made probable, for instance, by the application 
of the name ' Esegarestun ' to a Berkshire estate held in 1066 by ' Esegar ' 
the Staller, an estate in which all the normal features of the manorial 
economy were already present. Other evidence bearing upon this point 
is cited in my essay on the Place-names of Berkshire (University College, 
Reading), pp. 26, 28. It is probable that beside the common employment 
of OE. tiin to denote a village or village community there persisted a 
distinct usage, going back to the original meaning of the word — 'an 
enclosure'— a usage by which the word came to describe the dwelling 
or homestead of the lord apart from the neighbouring village. The 
OE. word most nearly approximating to the Norman manerium would 
seem to be ham, an equation not affected by the failure of the suggested 
correspondence of ham and villa. (Seebohm, English Village Com- 
munity, 287.) 



58 TYPES OF MANORIAL STRUCTURE [sec. II 

S. ct B. In Hindeleia [Hiendley] sunt iiii carucatae terrae 
ad gcldum . . . Tres car: sunt in soca de Tateshalla et i inland. 

The distinction of the first of these estates as a manor is 
clearly occasioned by the existence there, in 1066, of North- 
man's hall, notwithstanding the fact that by the date of the 
Survey his holding had been incorporated in the great manor 
of Tateshall-Pontefract. The possible identification of manor 
and hall is further suggested by two entries which come earlier 
in the Yorkshire Survey : — 

fo. 309. In Langeton ix car: ad geldum . . . Ibi habuerunt 
Torfin (iii et dim:) et Finegal (ii car:) ii haulas, Torfin cum 
saca et soca ; et tercius, nomine Tor, reliquam terram cum 
saca et soca, scilicet non haula. 

fo. 309 b. In Stradford ad geldum vi car: ... Ibi fuerunt 
Tor et Torfin ; iste habuit manerium, alius non. 

It is evident that these entries are really expressing a similar 
distinction in different phraseology : the aula of the first is 
clearly represented by the manerium of the second. Very 
suggestive also are the following entries from the Nottingham- 
shire Survey : — 

fo. 286 b M 3 . In Fentone [Fenton] habuerunt Ulfac et 
Leuric et Grim i bovatam terrae et iii ciam partem i bovatae 
ad geldum . . . Wasta est praeter unum bordarium. . . . 

Ibidem habuit Speravoc ii bovatas terrae et ii partes unius 
bovatae ad geldum. , Terra i car cum saca et soca sine aula. — 

for the absence of a hall on Sperhavoc's property is plainly 
the reason why it is not distinguished as a manor by the 
marginal symbol M. 1 Finally, the description of Normanton- 
on-Trent on the previous folio of the survey — * M 5 . In 
Normentune habuerunt v taini, Justan, Durand, El ward, 
Ulmar, Aseloc quisque aulam suam et unusquisque i bovatam 
terrae et v partem 1 bovatae ad geldum ' — shows not only that 
the normal manor would contain its hall, but that these 
halls might well be humble structures, the dwellings of men of 
little wealth ; the combined estates of these five thegns had 
been worth but ten shillings in King Edward's time, and none 

1 Compare folio 306 [Yorkshire]: 'In Mitune [Myton] habuit Ligulf 

1 M de mi carucatis et dim In Bratfortune [Brafferton] habuit Haltor 

i carucatam sine halla.' 



;ec. ii] IN THE NORTHERN DANELAW 59 

>f them can be identified with certainty elsewhere in the 
ihire. 

From the standpoint which we have now reached, therefore, 
t seems legitimate to say that the typical Danelaw manor of 
.066 comprised a thegn's residence, situate upon an estate to 
vhich services were rendered, and at which dues were paid. 
7 rom this type, indeed, there are many and wide divergences, 
>ut this hardly affects the general correspondence of an over- 
vhelming majority of actual instances. It may, in fact, be 
uggested that the search for manorial definitions in the past 
las caused somewhat undue importance to be assigned to those 
nanors which do not conform to the general type. The type 
tself is susceptible of great variation in detail ; but geographical 
:onsiderations, private arrangements made by individual land- 
>wners, incidents in the unrecorded family history of the lesser 
hegns of the Danelaw, must all fully be allowed for in this 
:onnexion. Perhaps, after all, the wonder is rather that there 
hould be such substantial uniformity, in all significant features, 
imong estates so diverse in history, and scattered over so wide 
in area. 

Now, in this connexion, it is well to remember that by 
naking an accurate record of the names of all pre-Conquest 
lolders of manorial tenements the compilers of the Danelaw 
Domesday were taking a step which was necessary if the main 
jurpose of the Inquest were adequately to be fulfilled. The 
Dossession of an estate carried with it a liability to the payment 
)f geld ; very possibly, as we have seen, it implied the respon- 
sibility for the geld due from all those portions of the estate 
vhich constituted the lord's inland ; and it is at least clear that 
;he latter's title rested upon his succession in the holding in 
question to some Englishman who in the regard of the law 
vas among his recognized antecessores. It therefore seems 
distinctly probable that in the desire to provide for the settle- 
ment of disputed claims to the ownership of land we have the 
reason underlying some of the more prominent features of the 
Danelaw Surveys : the systematic definition of given estates as 
maneria, the care taken in such cases to record the name of 
the pre-Conquest owner, and the attribution of each parcel of 






60 TYPES OF MANORIAL STRUCTURE [sec. 

inland or sokeland to its own proper manorial centre. It wil 
be seen that the very complexity of the local organization o 
the Danelaw made it peculiarly necessary to restore, so far a 
might be, in the terminology of the Survey, the status qu, 
ante Conquestum, and it is at least probable that the accural 
registration of all pre-Conquest maneria represents one aspec 
of the process. It would be straining a slender thread o 
evidence to assert that the Danelaw manerium always denotec 
an estate passed by a single title ; but with the Clamores o 
Yorkshire and Lincolnshire before us we cannot doubt that th< 
majority of disputed claims would involve, at some stage 01 
other, an inquiry into the extent or ownership of some pre 
Conquest manerium, and the Domesday scribes seem to be 
trying to supply the information which was necessary if the 
manors of King Edward's day were to be brought into legal 
connexion with the estates which represented them in 1086. 

It would appear, then, in relation to the manor, soke, and 
berewick of the Danelaw that the two latter only are con- 
trasted types of tenement. The manor is the lord's residence, 
the capitale messtiagium, the tenement of which the possession 
carries a title to all the land assigned to the estate, either as 
inland or sokeland, by local repute. The word manerium, it 
would seem, bore no necessary relation to the facts of agrarian 1 
or fiscal organization, it was sufficiently vague to cover the 
most diverse forms of internal arrangement, it was no technical 
term of law. We may suspect, indeed, that the smallest 
manors of the Danelaw may, after all, be distinguished in a 
somewhat arbitrary fashion from the tenements of the indepen- 
dent sokemen who inhabited the unmanorialized vills of the 
north and east ; one manor, we know, might well render soke 
to another manor, and questions of personal rank, which we 
can never hope to solve, may at times have influenced the 
compilers of Domesday when they assigned a manor to one 
vanished Englishman by name, and consigned his fellow to the 
undifferentiated class of sochemanni. 1 On all grounds it is 

There is one, and apparently only one, Lincolnshire entry in which 
sokemen appear as holding manors before the Conquest. Fo. 366 : 
1 East Deeping. Ibidem habuit S. Peter de Burg v soch(emannos) super 



< 



EC. ii] IN THE NORTHERN DANELAW 61 

/ell to be indefinite in regard to this matter ; for concerning 
he smallest manors of the Danelaw we have no pre-Conquest 
vidence at all, while already in 1086 these anomalous estates 
/ere rapidly being amalgamated into larger agrarian units. 
Jut at least we shall have one complication the less if we dis- 
ngage the maneriiim from its unnecessary contrast with the 
aland and sokeland recorded for us in relation to subsidiary 
loldings. 

From all this, it will appear that any classification of the 
naneria of the Danelaw must recognize the essential distinc- 
ion between the seignorial bond which united manor and 
okeland and the proprietary bond which united manor and 
)erewick. This distinction cannot, indeed, be applied with 
igour in relation to individual estates ; the seignorial and pro- 
prietary forces combine to produce the discrete maneria of the 
Danelaw ; but it is the peculiar value of the formulas which 
ve are considering that they enable us to trace the local 
ipplication of these forces with a precision unattainable when, 
is in the case of Leicestershire, the formulas fail us. And, on 
the whole, we may fairly relegate to one great class all those 
ptates in which a central messuage carries a right to the 
receipt of dues, and the exaction of service and suit of court 
from tenements which are geographically separated and out- 
side the immediate ownership of the lord ; making always the 
reservation that it is generally impossible to say whether the 
economic force represented in the payment of rent and con- 
suetudines, the jurisdictional force represented in subjection to 
sake and soke, or the tenurial bond created by the act of com- 
mendation, is the more powerful in maintaining the organiza- 
tion of the group. We certainly may not affirm that the very 
large number of maneria which will be referred to this class 

v maneria de ii car. terrae et vi bovatis ad geldum.' Here the sokemen 
were to all appearance tenants of the abbey, differing, probably, in little 
except rank from those thegnly holders of abbey lands, of whom Here- 
ward was the most famous. The formulas employed in this entry are 
unique and remarkable, and a scribal error might be suspected were it 
not that sokemen appear as holding manors in a number of Huntingdon- 
shire and Northamptonshire entries. We may question, in passing, 
whether the Domesday commissioners would have thought it proper to 
describe the normal sokeman's toft as a ' hall '. 



6z TYPES OF MANORIAL STRUCTURE [sec. 

do more than correspond to one general type ; we have see! 
that since the Conquest lords have steadily been bringinj 
fragments of discrete sokeland within the sphere of the 
dominium, and we may not press the terminology of til 
survey too far; but if any classification of estates is to bi 
attempted at all, then the manor with dependent sokelan 
must be regarded as one distinct form of local organization. 1 
If, now, we pass to those estates which may be understoo; 
as resting upon a proprietary basis, the work of classificatio 
seems naturally to turn upon the varying relation borne by th 
tenurial unit, the manor, to the agrarian unit, the vill. Every 
where in England manorial development was making for th 
coincidence of these units ; but the process had gone but , 
little way in the Danelaw at the time of the Norman settle 
ment. For the purpose of our present classification we ma; 
relegate to a separate division those manors which are con 
terminous with the vills which give them name, which have n< 
dependent berewick or sokeland, and in which the commoi 
fields of the vill form the sole economic basis of the estate 
but, at least in regard to Nottinghamshire and Lincolnshire; 
an extended study of the local surveys is necessary before t 
manor which has already assumed this form in 1066 may be 
discovered. 2 The distribution of landed property in the Dane- 
law at the close of the Old English period, so far as oun 
evidence goes, had by the process of time been thrown out of 
all relation to the ancient and natural agrarian divisions of the! 
country, the vills. And it is just here that the work of the 
new Norman lords, as revealed by Domesday, is on the whole 
most obvious and most beneficial. In restoring, if not in 
creating, a general correspondence between the unit of agrarian 
life and the unit of seignorial organization, they had begun, 
twenty years after the Conquest, a process which was to arrange 

'The significance of the type is not affected by the fact that parcels of 
land in neighbouring vills will frequently be annexed as berewicks to the 

2^™ x? r ' * S at Mickle( >ver, Derby, Newark and Dunham, Nottingham. 
Ihe Nottinghamshire Survey makes entry of some 270 vills. Out of 
:his number it would be difficult to cite more than twenty cases in which 
there was exact identity between vill and manor in 1066. Most of these 
exceptions are places of little importance, and some of them have dis- 
appeared since 1086. 






SEC. ii] IN THE NORTHERN DANELAW 6$ 

the manorial geography of England on the lines most con- 
ducive to agricultural efficiency ; a process which in an un- 
conquered England could never have been attempted. We 
may admit that their work was followed by a depression of 
the peasantry subject to their rule, though there is little direct 
evidence to suggest that this frequently happened in the Dane- 
law shires ; but it is well to remember that the imposition 
of a heavier burden of service was accompanied by changes in 
the direction of administrative economy which made the 
incidence of that burden less severe ; in particular, cases where 
the labourer had to tramp across country to his lord's remote 
demesne would now rarely occur. 1 

One obvious aspect of these changes is presented by the 
deliberate amalgamation of small estates into single manors, 
coincident with the vills from which their names were derived. 
Before the Conquest the lands which comprised the Notting- 
hamshire fief of Roger de Busli (fos. 284^-287) had been 
divided into 183 distinct tnaneria ; as recorded in Domesday, 
the number had been reduced to ninety. The organization, in 
1066, of these small maneria is utterly obscure ; but we may 
with perfect confidence infer a considerable degree of inter- 
dependence in the matter of their agricultural life. In Not- 
tinghamshire, at Weston-on-Trent (fo. 285 b), where there were 
once six manors, at Eaton (fo. 284 b), where there were ten, at 
Carlton-in-Lindrick, comprising six (fo. 285), at Hawton, 
comprising five (fo. 289 b), we certainly cannot endow each 
manor with a distinct set of common fields, even although we 
cannot now recover the details of the arrangements which 
must have obtained in regard to the practices of coaration, the 
use and apportionment of common pasture, and all the multi- 
farious activity of the village community. In such cases as 
Killingholme-in-Lindsey, where in 1086 a population of eleven 
villeins was working an estate, divided, twenty years earlier, 
into six manors (fo. 347), the latter term cannot in any intel- 

1 It is to be noted that the whole question of the labour service per- 
formed in King Edward's time by the men of outlying membra has to be 
considered without direct evidence. In most cases it is probable that the 
men of the central manor were sufficient for the performance of the work 
required by the home farm. 



64 TYPES OF MANORIAL STRUCTURE [sec. n 

ligible sense have an agricultural signification; the thegn's hall, 
though not recorded in this particular entry, is clearly the 
feature which has constituted the manerium. And in a 
number of cases, not now to be determined, we may suspect 
with reason that the division of a small estate into many 
maneria results not from the fortuitous association of a body 
of small landowners, but from the partition of an inhabited 
holding among a group of kinsmen. Those five thegns of 
Normanton-on-Trent, each of whom had his hall, bore each an 
equal share, a bovate and its fifth part, of the assessment laid 
upon the whole property; and we are reminded of the four 
thegns of Candleshoe wapentake of whom it is said that in 
King Edward's time they had divided their father's land 
among themselves equaliter et pariliter?- The Survey will at 
times explicitly indicate the relationship existing between the 
holders of a divided manor ; and in those cases in which a 
whole group of small estates has been given outright to some 
Norman lord, we may readily believe that the original unity of 
the property lay well within the memory of the people of the 
country-side assembled in the wapentake court. 

But this does not always happen ; in many villages the little 
manors of 1066 have been given severally to as many different 
lords, 2 and in subsequent history have followed quite indepen- 
dent lines of devolution. A remarkable illustration of this 
development is afforded by the Lincolnshire village of Keelby 
in Yarburgh wapentake, in regard to which our evidence is 
unusually consistent. The situation in 1066 is best explained 
by a table, which incidentally displays the combination of 
many fractional assessments into a neat ' duodecimal ' total of 
six carucates, and thus gives assurance that the whole of the 
vill is under review : — 

\ Fo. 375 b. 
It may, of course, happen that even when a group of manors within 
one vill has been given outright to a new lord the individual manors were 
unequal, at least as regards assessment. Thus at Rothwell, York (fo. 317 b), 
Harold had 14 carucates ; Bared, y\ ; Alric, ioi bovates ; Stainulf, the 
same. " 



SEC. II] IN THE NORTHERN DANELAW 65 



Assess- 


Team- 


Teams. 


Soke- 


Vil- 


Bor- 




ment. 


lands. 






men. 


leins. 


dars. 




Car. Bov. 


Demesne. 


Mens. 










Soke of Caistor . 1 


7 (not given) 


— 


2 


13 


— 


3 


fo. 338 b 


Manor, Elaf . 


4i 


H 


\ 


— 


2 


— 


2 


fo. 339 b 


„ Sigar . 


4| 


if 


1 


1 
4 


3 


2 


— 


fo. 342 b 


„ Aldene. 


si 


if 


1 


1 


— 


4 


1 


fo. 344 b 


„ Alwine . 


2 


1 
2 


1 
2 


1 

8 


— 


2 


1 


fo. 350 b 


„ Rolf . 1 





3 


1 


2 


— 


10 


1 


fo. 360 x 


„ Grimchel 


Si 


i- 3 - 
1 ifi 


1 


1 


— 


4 


2 


fo. 361 b 


„ Eiric . 


34 


lii 

16 


JL 
8 




1 


— 


2 


fo. 365 b 


6 





(9i) 


51 


4i 


19 


22 


12 





These figures are instructive in many ways. The proportion 
of sokemen to villeins and bordars is lower than the average 
for the county as a whole ; a fact probably resulting from the 
subdivision of the vill into small estates ; for sokemen are 
found in greatest numbers either on unmanorialized sokeland, 
or else within the bounds of the larger manors of the district. 2 
There was little room for the independent freeholder upon the 
two bovates which Alwine possessed in Keelby. It may also 
be noted, in passing, that on each manor the carucates and 
bovates of assessment approximate to half the number of 
teamlands assigned to the estate ; it is just in this quarter, 
on the north-eastern edge of the Lincoln Wolds, that the 
Lincolnshire teamlands reach their greatest point of excess 
over the figures which relate to the geld. But for our 
immediate purpose the most important feature of the vill is 
the complete independence, in regard to tenure, of the individual 
manors into which it was divided. Nearly one-third of the 
vill, in 1086, belonged to the great royal soke of Caistor, and 
as such does not concern us here, but Elaf's manor had passed 
to the Archbishop of York ; that of Sigar, to the Bishop of 
Bayeux ; that of Aldene, to the Bishop of Lincoln ; that of 
Alwine, to Ivo Taillebois ; Rolf's land, to Dru de Beurere ; 
that of Grimchel, to Norman d'Arcy ; that of Eiric, to Waldin 

1 In this entry vel Cotes is interlined above Chelebi, and in the Lindsey 
Survey this carucate is assigned to Coates. But it is wanted to complete 
the assessment of Keelby, and the name of this vill is not marked for 
deletion in fo. 360. Presumably part of the property lay in Coates, and 
the entry makes mention of a salina, or salt-pan, which we should expect 
to be found near the coast, a condition which applies to the latter vill. 

2 For example, Robert de Todeni's three-carucate manor of Allington 
included a population of 14 sokemen, 5 villeins, and as many bordars. 

M. S. F 



66 TYPES OF MANORIAL STRUCTURE [sec. n 

' Ingeniator '. It is evident that at Keelby the identity of vill 
and manor was as remote in 1086 as in the time of King 
Edward. And not only is this the case, but the Lindsey 
Survey, thirty years after Domesday, shows the persistence of 
these little manors within the vill until at least the middle of 
the reign of Henry I. Changes of a catastrophic order had 
placed a new series of lords in possession of the vills of 
Lindsey ; but the seven manors of Keelby maintained their 
independent existence through all. 1 The successor of the 
Archbishop of York still held the 4% bovates which had 
belonged to Elaf ; the Bishop of Bayeux was represented by 
Manasser Arsic ; the Bishop of Lincoln, by his successor ; Ivo 
Taillebois, by Ranulf Mischin ; Dru de Beurere, by Stephen of 
Aumale ; Norman d'Arcy, surviving from a previous genera- 
tion, remained in possession of his holding ; Geoffrey, the son 
of Payn, had in this case obtained the land of Waldin Inge- 
niator. The divided lordship of the village of Keelby can 
thus be established by documents extending over a period of 
half a century ; and this although the figures given by Domes- 
day argue an inevitable co-operation in agricultural work 
between the men of one manor and the men of another. The 
ten plough-teams which found employment within the vill in 
1086 result only from the combination of the scattered oxen 
of the men of eight distinct lords with the teams, fractional or 
entire, working upon their respective demesnes. And so we 
are reminded again that beneath the superficial distinctions of 
manor, sokeland, or inland, there lies throughout the ultimate 
agrarian unit, the vill. 2 

This may be further illustrated in another way. There has 
been preserved a remarkable series of documents relating to 
the Nottinghamshire vills of Staunton, Alverton, and Kilving- 
ton, which strikingly reveal both the survival to a late period 

1 As the soke of Caistor was royal demesne, it is excluded from the 
scope of the Lindsey Survey. 

2 The intermixture of different estates in the open fields of a village is 
sometimes illustrated in a striking way by the distribution of the village 
tithes. The tithes of Flawborough, N otts,for example, were divided between 
three different churches in a manner which clearly reproduces the ancient 
division of the village between its various lords. From a detailed survey 
of 1637 it is evident that three adjacent strips in the fields might well 
tithe to as many distinct parishes. 






SEC. n] IN THE NORTHERN DANELAW 67 

of estates formed already before the Conquest, and also the 
intermixture of these estates in the open fields of the respec- 
tive villages. Details could not well be given here without a 
consideration of minute points of local topography, but it may 
it least be said that the evidence supplies a useful warning 
against an exaggeration of the completeness with which the 
work of manorialization was effected after 1086. The village of 
Alverton became united at last in the hands of one lord ; but it 
[was in the reign of Queen Elizabeth. In the thirteenth century 
the several Domesday estates are still to be traced, though 
with some difficulty, scattered in many strips over the village 
furlongs, interspersed among each other in a way which admits 
of no simple explanation ; and the tenurial geography is com- 
plicated by the results of feofments of which no explicit record 
has been preserved, made by lords whose identity can only be 
guessed at. A grantee will speak of his capitate messuagium 
in a context which implies that it lay in line with the tofts and 
crofts of the village peasantry ; his lands will be scattered in- 
discriminately over the common fields. The court of any given 
manor was far from being a court for all the men of any entire 
vill ; in the time of Charles II, twice a year and on the same 
days, two courts were held in Staunton for the two manors into 
which that vill was divided, and to one of them the men of 
Alverton and Kilvington did suit, vills which were already 
sokeland of Staunton in the time of King Edward. Nowhere 
in any early document is there a hint that any lord's demesne 
was drawn into a compact holding round a central farm. And 
although there is evidence which suggests a depression of some 
at least of the inhabitants of Alverton between 1086 and 1190, 
many of the later freeholders within the village may well be 
the successors in title of Domesday sokemen. 

And just as we are compelled to admit the frequent persis- 
tence in this region of the pre-Conquest division of vills, we 
are also bound to recognize the occasional survival of those 
anomalous territorial associations, the Danelaw sokes. The 
survival of the great Leicestershire soke of Rothley is well 
known, owing in great part to the preservation of its thirteenth- 
century custumal, which reveals the internal economy of one of 

F 2, 



68 TYPES OF MANORIAL STRUCTURE [sec. II 

these groups with a clearness unattainable in other cases. But 
Rothley was only one soke out of many which maintained 
their substantial integrity into the thirteenth century or later. 
In Lincolnshire, for example, Queen Edith's soke of Gayton le 
Wold, held by the King in 1086, had passed entire to the 
Count of Brittany by 1116 1 ; an original charter of approxi- 
mately 1 154 has been preserved, in which Count Alan grants 
to the men ' de Gattunasoca ' all the liberties which they 
enjoyed in the time of Count Stephen his grandfather, and in 
the thirteenth century the soke was held by Peter of Savoy, 2 
successor of the Counts of Brittany in the English earldom of 
Richmond. The first entry in the Lindsey Survey assigns to 
the Earl of Chester 34 carucates l\ bovates { in Halton et 
Soca ', 3 the exact assessment, in Domesday, of the manor and 
soke of West Halton, which belonged to Earl Hugh of Chester, 
and before him to Earl Harold of Wessex. In Derbyshire, in 
1204-5, William Briwere was holding the manor of Chesterfield 
with Brimington, Whittington, and the soke and wapentake of 
Scarsdale, 4 a fact which suggests that the Domesday soke of 
Newbold, of which Chesterfield was then a berewick, arose in 
close connexion with the court of the wapentake in which these 
places lay. In general, it may be said that the larger the soke 
the greater was its power of resistance to disintegrating in- 
fluences ; and royal sokes, in particular, were held together by 
the exaction from the whole body of aids and tallages. In 
1 1 77 the sheriff of Nottingham accounted for ^13 13s. 4^. as 
aid of the soke of Oswardbeck, 5 and also for the aids of Orston 
and Arnold, royal manors with appurtenant sokeland in 
Domesday. In 1197-8 6 the tallage of the soke of Mansfield 
produced £6 13s. ; in the first year of King John the tallage 
of Dunham soke brought in £$ 16s. More important in this 
respect, nevertheless, was the performance of suit to the court 
of the soke : in the reign of Henry III a peasant grantor, in 

1 Lindsey Survey. . 2 Ancient Charters, 54-5 and notes. 

8 Such, at least, is my reading of the abraded opening of the MS. 
Mr. Greenstreet, in his translation, read ' Halton and Scotho ', which is 
impossible ; Mr. Chester Waters (Associated Architectural Societies' 
Reports and Papers, xvi. part 2, 181) ignored the difficulty. 

4 Pipe Roll, 6 John. 

6 Pipe Roll, 23 Henry II. 6 Pipe Roll, 9 Richard I. 



SEC. ii] IN THE NORTHERN DANELAW 69 

conveying land to his brother, is careful to add that the rents 
reserved to the lords of the fee are in lieu of suit to their 
courts, to shire and wapentake, ' et maxime pro secta quae 
debetur in sochagio de Horstona die Sancti Thomae apostoli 
ante natale Domini.' 1 In the time of Charles II the great 
court on St. Thomas' Day was still held for the soke of 
Orston. 2 In the north of the same county the important soke 
of Oswardbeck can be traced in successive grants until at least 
the reign of Henry VII ; under James I we are told that John 
Thorneaughe, knight, was bailiff of the king's liberty of 
Oswardbeck soke 3 ; and in the thirteenth century we obtain a 
glimpse of the soke from the tenant's point of view when we 
are told that Petronilla of Woodhouse 4 held lands in la Wode- 
house in the soke of Oswardbeck, and a moiety of a mill in 
Tilne, doing suit at Oswardbeck court. 5 Even at the present 
time courts are held in North Nottinghamshire which descend 
directly from the soke of Sutton which the Archbishop of York 
held in 1066. We cannot, in face of the evidence of which 
these facts are merely casual illustrations, deny that during the 
twelfth and thirteenth centuries the soke was still a character- 
istic feature of the local organization of the Danelaw shires. 

Lastly, reference must here be made to the type of manor 
which extends into many different vills, and over many distinct 
sets of common fields — the manor with satellitic berewicks. 
This type attains its fullest development in the royal manors 
of the Peak of Derbyshire ; it is represented in the ancient 
estate held by the Archbishop of York at Southwell in 
Nottinghamshire ; it is rarely found in Lincolnshire ; and in 
Yorkshire, although the estate of a great man will frequently 
be the centre of a large number of scattered berewicks, it will 
commonly receive the soke of an even greater number of inde- 
pendent tenements also. 6 The organization of the individual 

1 Original charter in Staunton MSS. 

2 Thoroton, Hist. Nottinghamshire, ed. Throsby, i. 228. 

3 Ibid. iii. 334. 4 Inquisitiones post mortem, 52 Henry III. 

6 In an Inquisition of uncertain date under Henry III tenants in 
Leverton, Saundby, North Woodhouse, Clarborough Wiseton, Fenton, 
1 Sudbeck ', and Little Welham are represented as owing talliage, and suit 
to Oswardbeck court. 

6 A fine example of this type of estate is presented by the royal manor 
of Northallerton : ' In Alvertune sunt ad geldum xliiii carucatae. . . . Huic 



7 o TYPES OF MANORIAL STRUCTURE [sec. n 

berewick must have varied greatly according as it constituted a 
vill of itself or merely formed part, perhaps a very insignificant 
part, of some villar group. We may not even assume that 
the employment of the term berewick in all cases implies that 
the holding to which it is applied possessed any agricultural 
organization distinct from that of the chief manor to which 
it belonged. Where a manor straggled over the lands of two 
or more adjacent vills 1 the whole group may very well have 
been worked as a single agricultural estate, and the introduction 
of the term berewick into the Survey may in such cases be 
only intended to emphasize the fact that the lands of the 
manor extended beyond the limits of the vill in which the 
chief messuage lay. 2 Also, as we have seen, there is evidence 
that the term berewick was actually employed to denote 
a detached piece of inland — a use carrying no agricultural 
connotation at all. But these qualifications need not prevent 
our recognizing this as a type distinct from those other forms of 
manorial association which we have been considering ; and the 
manor with dependent berewicks is undoubtedly an institution 
of high antiquity in the Danelaw as elsewhere. 3 

M appendent xi berewitae,Bretebi [Bretby], Smidetune [Smeaton], Sourebi 
[Sowerby], "Smitune", Kirkebi [Kirkby], Corkeholme [Cockholme], 
Landemot [Landmoth], Bergebi [Borrowby], Gristorentun [? Gray stone], 
Romundebi [Romanby], Yaforde [Yafforth]. . . . Ad hoc manerium pertinet 
soca harum terrarum, Neuhuse [Newsham], Westhuse [ ], Mannebi 

[Maunby], Werlegesbi [Warlaby], Eindrebi [Ainderby], Yaford [Yafforth], 
Leisenchi [ ], Digneshale [ ], Runtune [Rounton], Irebi 

[Irby], Haressare [? Harlsey], Sighestun [Sigston], Colebi [Coleby], Tim- 
belbi [Thimbleby], Leche [Leake], Chenneton [ ], Ravenestorp 

[Raventhorpe], Torentun [Thornton], Croxebi [Crosby], Otrinctun [Otter- 
ington], Romundebi [Romanby], Brunton [Brompton], Chelvintun [Kil- 
vington], Chenevetun [Knayton].' 

1 For example, the common fields of the Nottinghamshire vills of 
Kilvington and Alverton can be shown to have been adjacent, with at 
most a headland between them. It is therefore natural that Colegrim's 
manor on fo. 291 b should simply be described as lying ' in Chelvinctune 
et Alvreton ', and it is not probable that the Alverton portion of the estate 
was organized as a separate berewick. 

2 That strict consistency .in denoting berewicks as such was not observed 
by the scribes is shown by the duplicate entries relating to Overton with 
Stretton, Rutland. In one entry the word Ber(ewica) is interlined above 
' Stratone ', in the other this distinction is ignored. See V. C. H. Rutland, 
i. 130. 

The word berewick does not occur in any early land-books relating 
to the northern Danelaw. Its first appearance would seem to be in the 






SEC. ii] IN THE NORTHERN DANELAW 71 

In the attempt to carry the study of these manorial types 
into the period which lies behind the Norman Conquest, we 
: are at once confronted by the fewness and the inferior quality 
of the texts which relate to this part of England. No land- 
book relating to any part of the true Danelaw has been 
preserved in an original manuscript ; excluding certain obvious 
fabrications, mostly perpetrated in the interest of the abbeys 
of Crowland and Peterborough, the earliest charter available 
for our purpose is only dated 834, 1 and nearly a century passes 
before we obtain another relevant document. The total 
number of such documents, it may be admitted, is somewhat 
greater than might at first sight be supposed ; for in three 
particular cases the faulty identification of the estates conveyed 
has referred land-books of Derbyshire, Leicestershire, and 
Yorkshire origin to Staffordshire, Worcestershire, and Durham 
respectively 2 ; but it is at best with but a scanty collection of 
texts that we have to deal. To this we must add that the 
sources from which the greater number of these texts are 
derived are not of such a nature as to inspire confidence. The 
Liber Albus of York, from which we obtain four important 
documents, is a late compilation ; the English of the boundaries 
transcribed in it is so corrupt as to be almost unintelligible 3 ; 
and the charters themselves present grave difficulties of chrono- 
logy and style. The latter become still more serious with 
reference to the Hengwrt manuscript, a cartulary compiled in 
the thirteenth century and apparently in the interest of the 
abbey of Burton-on-Trent, from which nine charters can be 

Medeshamstede Memoranda (C. S. 1 128) ' Medeshamstede & ta berewican 
)>a }>ar to heren, & Anlafestun & f>am berewican par to ' (sic). In the 
spurious memorandum entered in the Laud MS. of the Chronicle under 
963 ' thorp ' is used as equivalent to berewick, ' Medeshamstede ... & 
ealle pa }?orpes \>e ¥asrto lin, f is Astfeld & Dodesthorp [Dogs thorpe] & 
Ege [Eye] & Pastun [Paston].' 

1 This document (C. S. 414) is merely a grant of land at Wirksworth, 
Derbyshire, by Cynewaru, Abbess of Repton, in return for a rent of lead 
payable to Christ Church, Canterbury. It is derived from the late 
thirteenth-century Christ Church cartulary, the text of which cannot 
implicitly be trusted, but the present deed seems genuine. 

2 C. S. 884, 1283, 1 1 13. 

3 Canon Dixon, in his Fasti Eboracenses, 209, note y, remarks that 
the compiler of the Liber Albus ' confesses his inability to decipher the 
Saxon charters which he professes to give '. 



72 TYPES OF MANORIAL STRUCTURE [sec. n 

cited with reference to the Danelaw. 1 Composed in flam- 
boyant and alliterative Latin, 2 these documents form a class I 
apart from most contemporary texts, and their value for our 
purpose is seriously impaired by the omission of all boundaries 
from the manuscript. 3 The Hengwrt texts must perforce be 
used, but we cannot ignore the diplomatic suspicions to which 
their character gives rise. 

Their peculiar value for us consists in the fact that they 
throw a faint light upon the early history of what is perhaps 
the most remarkable group of estates in the whole Danelaw — 
the ancient demesne of the Peak of Derbyshire. The geo- 
graphical features of this district, the abrupt alternations of 
hill and dale, the narrow valleys and wide expanses of moor, 
admirably fitted for pasture, but ill-suited for cultivation as 
arable, produced a type of estate quite dissimilar from any- 
thing found elsewhere in the Danelaw shires. In this quarter, 
scattered unevenly over the wide district which extends trans- 
versely from the Dove at Ashbourne to the Yorkshire border, 

1 These charters were unknown to Kemble ; those prior to 975 have 
been printed by Birch in the Cartularium Saxonicum. But in the 
Appendix to the Second Report Hist. MSS. Com. (p. 105) a list is given 
of twelve more documents dating between 984 and 104S, some of which 
relate to the Danelaw. Land, for instance, is granted in the vills of Ash, 
Alfreton, Mickleover, and Eggington in Derbyshire. It is to be hoped 
that these charters will before long be published. 

2 For the unusual nature of the royal style in a number of these charters 
see Asser, ed. Stevenson, 148, note 2. 

3 The general impossibility of any successful identification of the estates 
conveyed by charters which contain no boundaries is most remarkably 
illustrated by the case of C. S. 978, a document from the Hengwrt series. 
A tenth-century copy of this charter is preserved, including the boun- 
daries, which are omitted in the cartulary text. The document represents 
a grant by King Eadwig to a certain thegn, his namesake, of eight mansae 
at ' Brantestun ', and the known connexion between the Hengwrt MS. and 
Burton Abbey would seem to afford conclusive proof that ' Brantestun ' 
is identical with the Staffordshire village of Branston, three miles from 
Burton, which belonged to the abbey in the eleventh century. This 
identification, however, is finally disproved by a clause in the boundaries 
which reads 'of pam cumbe on geriht in on limenan, adun andlang 
streames 0$ hit cymS on wiliabys ' (sic). The * Limine is the Warwick- 
shire river Leam, on which stands the village of Willoughby near 
Daventry, represented by the 'wiliabys' (< Wiliabyg) of the text, and 
the land conveyed evidently lay in the adjacent village of Braunston just 
a £ r ?i S t • Northam P tonsh »re border. With this example before us we 
shall hesitate before we identify the Hwituntun of C. S. 642, for instance, 
with Whittington near Lichfield rather than with Whittington near 
Chesterfield. 



SEC. n] IN THE NORTHERN DANELAW 73 

King Edward in 1066 had possessed eight manors, each com- 
prising a group of berewicks varying in number from three to 
twelve, but including no recorded sokeland. For the purpose 
of making a yearly render to the king, a render presented in 
silver, honey, and lead, these manors were divided into two 
groups ; and it is highly probable that each group was treated 
as a separate unit in the assessment to the geld. To the first 
there belonged the five manors of Darley, ' Mestesford ' 
(Matlock Bridge), Wirksworth, Ashbourne, and Parwich ; 
bearing with their 25 berewicks an aggregate assessment of 
54 carucates, and containing a population of 89 villeins and 56 
bordars. The second group extended northwards in continua- 
tion of the first, but probably lay in another wapentake l ; it 
comprised three estates, centring in the vills of Bakewell, 
Ashford, and Hope, rated at 50 carucates, including 27 
berewicks, and supporting at the date of the survey 81 villeins 
and 13 bordars. Each group had sustained some wastage in 
the years which preceded the holding of the great Inquest ; 
but when all allowance has been made on this score, the 
sparseness of the population scattered over this wide area, and 
the small amount of arable land included within it, clearly 
result in the first instance from the conformation of the 
ground. 

Now in the case of this highly exceptional estate it is very 
probable that the word berewick really bore its primary agri- 
cultural signification in 1086. 2 The twelve satellitic hamlets 
annexed to Ashford, for example, seem individually too small 
for an independent existence ; their names in general, though 
no doubt compatible with, do not themselves suggest an 
original settlement on the lines of the normal village com- 

J The manor of Darley adjoins the manor of Bakewell. The rubrica- 
tion of the Derbyshire survey is very defective, but Darley is explicitly 
stated to be in Hammenstan wapentake, and it is probable that Bakewell 
and the other northern manors lay in the wapentake afterwards known as 
that of the High Peak, which is not mentioned in Domesday. For the 
estate as a whole cf. V. C. H. Derby, i. 295-7, 330-33. 

2 It may be noted that at the middle of the twelfth century the OE. 
hiorda wic retained its original meaning in the Peak. In the foundation 
charter of Bredon Priory (Leicester) the Earl of Nottingham, that is of 
Nottingham with Derby, grants unam herdewicam in Hethcote juxta 
Hertedona [Hartington] in Pecco (Mon. Ang. vi. 97). 



74 TYPES OF MANORIAL STRUCTURE [sec. ii 

munity * ; and they are most naturally understood as a 
collection of scattered but dependent farmsteads, playing a 
part accessory to the agricultural activities of the chief manor. 
The arrangement, in fact, would seem to have resulted in the 
first instance from the configuration of the ground ; and it 
thus becomes antecedently probable that these manors, as 
described in Domesday, represent agricultural groups of some 
considerable antiquity. The evidence of the Hengwrt land- 
books, which carry the history of these manors back to the 
very beginning of the tenth century, is very definitely in 
favour of such a conclusion. 

The tale begins with a land-book of gz6, 2 the authenticity 
of which is proved by the recurrence of its formulas in 
another charter of the same date, derived from the unrelated 
cartulary of the Berkshire monastery of Abingdon. 3 In this 
document ^Ethelstan confirms to Xhefidelis Uhtred 60 manentes 
at Hope and Ashford, which, we are told, he had bought from 
the heathen for twenty pounds of gold and silver, at the com- 
mand of King Edward and ealdorman yEthelred, aim ceteris 
comitibus et ministris. In the parallel Abingdon document 
yEthelstan's confirmation relates to lands in the extreme west 
of Bedfordshire, bought by the thegn Ealdred, also ' from the 
heathen', for ten pounds. These transactions cannot well be 
later than 910, the most probable date for the death of 
ealdorman ^Ethelred, 4 and they are of remarkable importance 
as showing that Edward the Elder, before attempting the 
military reduction of the Danelaw, had formed the plan of 
compelling thegns under his own allegiance to settle in districts 
still in the occupation of the Northern here. The policy 
indicated by these texts has, it would seem, been ignored 

1 The one exception is Taddington (D. B. Tadintune < OE. *<zt Tadan 
tittle). Even here, however, the original tun may very well have been an 
isolated homestead. 

2 C.S. 658. 

3 Ibid. 659. 

4 It would be a plausible 'suggestion that the Abingdon grant was made 
at the time of the treaty of Yttingaford, assigned by the Parker MS. of 
the Chronicle to the year 906, for the latter place was situated in the 
immediate neighbourhood of Linslade, Buckinghamshire (C.S. 1189), 
barely rive miles from the land conveyed by the present charter, which lay 
in the vills of Chalgrave and Tebworth near Watling Street in Bedfordshire. 






SEC. n] IN THE NORTHERN DANELAW 75 

up to the present ; but for our immediate purpose it is the 
bearing of the Derbyshire charter upon the condition of the 
estates at Hope and Ashford which most deserves attention. 
The land of sixty matiefites, in the wild region drained by 
the Wye and the Noe, must have covered a great expanse 
of country, a territory much wider than would belong to any 
couple of normal vills in this region. Most unfortunately, the 
omission of the usual statement of boundaries from the existing 
text of the charters makes it impossible for us to define the 
limits of the area conveyed ; but we may reasonably infer that 
already before 910 Ashford and Hope were the administrative 
centres of groups of dependent hamlets, such as are revealed 
in the Domesday description of those manors. 

The ancient association of the three royal manors of the High 
Peak is definitely made probable by the fact that in 949 
Bakewell, the remaining estate, was granted by Eadred, with 
a wild florescence of unnecessary verbiage, to Uhtred, miles et 
dux. 1 The significance of this grant has hitherto been ob- 
scured by the impossible identification of the land conveyed 
with the Staffordshire hamlets of ' Bucknall cum Bagnall', 2 
near Stoke-on-Trent, But the Badecanwelle of the charter 
undoubtedly represents the Badecan wiellon of the Parker MS. 
of the Chronicle, the Badequella of Domesday, the modern 
Bakewell ; and in the grantee we may fairly recognize the 
Uhtred of Ashford and Hope, now raised to the dignity of an 
ealdorman. We have no means of estimating the period 
during which Uhtred or his descendants remained in pos- 
session of these estates, nor yet can we determine the date 
at which they passed into the king's hands ; but the fact that 
already before 950 they were together subject to the same 
lord is itself a matter of some significance. 

With regard to the southern portion of the Confessor's 
great Derbyshire estate -the manors between the Dove and 

1 C. S. 884. 

2 Bucknall derives from an OE. * Bucan healh or *Bucan holt ; Bag- 
nall, from *Bacgan healh or *Bacgan holt. See the early forms of these 
names in Duignan, Staffordshire Place-names, 9 and 27. None of these 
forms could possibly be derived from the personal name Badeca, com- 
pounded in the Badecanwelle of the text and in the early forms of 
Bakewell. 



.. 



j6 TYPES OF MANORIAL STRUCTURE [sec. 

the Derwent — our unique pre-Conquest information is con- 
tained in a single land-book, which tells us little. In 966, 
forty years after the Ashford confirmation, Eadgar granted 
to the thegn yElfhelm ten mansae, ' in eo loco qui Anglica 
relacione Peuerwich appellatur.' l * Peuerwich ' is unidentified 
in the Cartularium Saxonicum, but it is clearly identical with 
the Pevrewic of Domesday, 2 the modern village of Parwich in 
west Derbyshire. In 1066 Parwich was the head of a manor 
comprising the three berewicks of Alsop-le-Dale, Cold Eaton, 
and Hanson Grange ; but the whole estate was then rated at 
four carucates only; and we thus obtain a remarkable dis- 
crepancy between the number of agrarian units assigned to an 
estate in the tenth century and the amount of its Domesday 
assessment. The significance of this and of other similar discre- 
pancies must be reserved for separate discussion 3 ; the only im- 
mediate importance of the Parwich charter is in the fact that 
it in no way militates against the belief that in the middle of 
the tenth century the royal demesne of the Peak was already 
organized on the lines which obtained in King Edward's day. 
The existence of this vast but coherent domain as an ancient 
possession of the crown is a geographical fact of some historical 
importance. It has accidentally happened that in a remote 
part of the Danelaw a royal estate which, as described in. 
Domesday, bears a strong superficial resemblance to the 
demesne of the Peak 4 has actually come to affect the modern 
map of England. In the heart of what is now the shire of 
Rutland, King William in 1086 possessed the three manors of 
Oakham, Hambledon, and Ridlington ; which with their de- 
pendent berewicks constituted the separate wapentake of 
Martinsley. The names of these berewicks are not re- 
corded ; 5 but it is clear that taken individually they were 
much larger, and more nearly autonomous in agricultural 

1 C. S. 1 175. 2 fo. 272b. 

3 See below, pp. 87-9. 

4 The phrase 'dominium de Pecco' was used in the twelfth century 
to describe the lands in question. V. C. H. Derby, i. 297. 

5 To Oakham five berewicks were appendant ; to Hambledon and 
Ridlington, seven each. There is evidence which suggests that Upping- 
ham, Vvardley, and Belton were included among the berewicks of 
Ridlington. V. C. H. Rutland, i. 133. 



SEC. n] IN THE NORTHERN DANELAW 77 

matters, than were the dependent hamlets of Bakewell or 
Wirksworth. Regarded severally, each berewick of Oakham 
or Hambledon would seem to have been a fully developed 
vill, of which the land, for the purposes of the Survey, was 
considered to belong to the king in demesne * ; while the 
inhabitants paid their rents and dues at the chief manor, and 
doubtless performed certain agricultural duties under the direc- 
tion of its bailiff. We can speculate to but little purpose 
about the reasons owing to which the king became possessed 
of so large and compact an estate in so central a part of the 
country ; but here, too, the local arrangement displayed by 
Domesday is probably of long standing. We know, at least, 
that Edward the Confessor had bestowed Rutland upon his 
wife Edith ; we are told by a late but respectable authority 
that the same estate had earlier been given by ^Ethelred II to 
his wife Emma ; and we may infer from the same source that 
it had been granted by Edgar to his second wife, ^Elfthryth. 
The practice was continued after the Conquest ; and I have 
elsewhere argued that it was the custom of regarding Rutland 
as the normal dowry of successive queens which separated the 
district from the adjacent shires, and thus created the modern 
county. 2 Had these Derbyshire manors which we have just 
considered been chosen for the purpose, a modern shire of the 
Peak, with its county town at Bakewell, might quite con- 
ceivably have resulted from the grant. 

Among all the five shires comprising the district which is 
the subject of this essay, there is not one of which the early 
history is involved in such utter obscurity as that which 
attends the condition, before the Conquest, of the county of 

1 The statement that part of Empingham lay 'in soca regis de Rote- 
land ', and later references to ' Rutland Soken ' and Oakham Soke, show 
that these berewicks contained a considerable area of sokeland. They 
seem, in fact, comparable with the berewicks of Laneham, Notts., in which 
also much sokeland was included. See above, p. 12. 

2 V. C. H. Rutland, i. 185-6. Gaimar, from whom we obtain the 
information connecting Emma with Rutland, also asserts that the district 
had formerly belonged to ' Elstruet ', by which name he means /Elfthryth, 
second wife of King Edgar. (Compare OE. Chron. D text, sub anno 965.) 
As this lady was daughter of Ordgar, Ealdorman of Devon, the Rutland 
estate cannot well have come to her by inheritance, and it is only a reason- 
able inference that it was granted to her upon her marriage to the king. 



78 TYPES OF MANORIAL STRUCTURE [sec. II \ 

Leicester. It therefore may be well to refer in passing 
to the solitary land-book which primarily relates to land 
within this shire 1 ; more particularly as the document in 
question, in itself of no special importance, has been referred 
by a mistaken identification to the distant county of Wor- 
cester. In 966 Eadgar granted to Bishop ^Ethelwold 13 cassali 
at Breedon in Leicestershire, where, it would seem, there 
existed, or had recently been created, a religious house which 
was to enjoy the property in the future. We are then told : — 
' est autem predicta tellus hiis locis comperta ; iii videlicet 
cassati aet ^Ebredone (sic), iii set Wifeles thorpe, iii aet ALthe- 
redesdune, iiii scilicet aet Digtheswyrthe.' The site of 
^Etheredesdune is no longer known, Wifelesthorpe may be 
identified with the hamlet of Wilson on the Derbyshire border, 2 
Digtheswyrthe is undoubtedly the modern village of Dise- 
worth. It does not appear from the record that these pro- 
perties were united otherwise than by their common sub- 
ordination to the uses of the church of Bredon 3 ; and the 
charter is only cited here for its bearing upon the local 
geography of Leicestershire at a period when that subject is 
in general impenetrably obscure. 

More important, because more definite, evidence as to the 
early history of the discrete manerium is afforded in relation 
to the great estate which the Archbishop of York possessed 
in the centre of the county of Nottingham. Immediately to 
the north of the Trent, and extending for some eight miles 
in a north-westerly direction, a compact group of a dozen 
vills constituted in 1066 the archiepiscopal manor of South- 
well. At the date in question eleven of these vills, which are 
not named in Domesday, were organized as berewicks of the 

1 C. S. 1283. 

1 Wilson is represented by Wiveleston in the twelfth century (Mon. Ang. 
vi. 97)._ 

3 It is difficult to trace this estate in Domesday, for the only entry 
which relates to any portion of it merely assigns 3 carucates in Diseworth 
to William Loveth. The Domesday account of Diseworth is, however, 
defective, and it is likely that the whole of the land conveyed by the 
present charter was included within Henry de Ferrer's manor of Tonge, 
the pre-Conquest owner of which is not named (V. C. H. Leicester, i. 319, 
3491. Breedon and Wilson certainly belonged to the Ferrers' family in the 
twelfth century. 






sec. n] IN THE NORTHERN DANELAW 79 

chief manor ; and the whole group was rated at 22| carucates, 
a sum representing exactly 20 of those nine-bovate units upon 
which there is reason to believe that the assessment of this 
part of Nottinghamshire was based. 1 In or about 956 this 
estate, as 20 mansae, had been granted by King Eadwig to 
Archbishop Oscytel of York ; and the relevant land-book is 
preserved in a corrupt form in the Liber Albus of the latter 
church. This document, which certainly seems to be founded 
upon a tenth-century original, presents certain unusual features, 
chief among which is the insertion of a paragraph after the 
statement of boundaries intended to define more exactly the 
nature of the archbishop's interest in the property. ' These 
are the tuns that belong to Southwell with sake and soke ; 
Farnsfield, Kirklington, Normanton, Upton, Morton, Fiskerton, 
Gibsmere, Bleasby, Goverton, Halloughton, Halam. In Farns- 
field two manslots belong to Southwell ; in Halam are sixty 
acres and three manslots ; in Normanton, every third acre ; in 
Fiskerton, the two parts {dales) and four manslots out of all 
the land.' It would not be in place here to comment on the 
appearance of the manlot in this text, 2 except to remark that 
the term is such as no twelfth-century forger would have been 
likely to invent ; but this point is itself of importance, for the 
present document is the first charter of reasonable authenticity 
that makes an explicit reference to the grantee's possession of 
soke over the land conveyed. The importance of this fact 

1 C.S. 1029. For the assessment of 1086 compare V. C. H. Notting- 
ham, i. 209-10. 

2 Compare Vinogradoff, English Society in the Eleventh Century, 281. 
A contemporary reference to gedalland in the west-midland shire occurs 
in C.S. 1 181, by which Bishop Oswald of Worcester leases to his thegn 
Wihthelm 2 hides at Clifford-Chambers, Gloucestershire, 'o>er healf hid 
ge dal landes, & healf hid on basre ege.' The i| hides of gedalland were 
clearly distributed in scattered strips in contrast to the compact half-hide 
on the island. Clifford-Chambers lies on the left bank of the Stour. 
Another Gloucestershire charter, erroneously referred in the Cartularium 
to Hampshire (C.S. 764), supplies us with an earlier reference to the 
system of gedales. The document refers to land at Wotton-under-Edge, 
and the statement of boundaries ends by including within the estate 
Oslanwyrth [Ozleworth] and all that belongs to it, and the fourth dcel at 
Byrneswell [ ]. The document comes from the fraudulent Codex 
Wintoniensis, but seems genuine; and the reference to the ge-dales would 
be still more remarkable if it were founded upon the agrarian arrange- 
ments of the mid-twelfth century. 



80 TYPES OF MANORIAL STRUCTURE [sec. il 

as bearing on the nature of earlier grants which are silent on 
this point is very considerable, but it should further be noted 
that at Southwell we seem for once to obtain a clue to the real 
constitution of these large and ancient estates at a date more 
than a century behind the Domesday Inquest. The clause 
which we are considering is most naturally understood as 
meaning that while the archbishop would possess sake and 
soke over the whole estate, parts of it lay outside the range 
of his immediate ownership. The details about the arch- 
bishop's land in Farnsfield, Halam, Fiskerton, and Normanton 
surely imply that the soil of the remainder of these vills had 
not passed to the new lord ; a conclusion which, it may be 
noted, is well borne out by the evidence of Domesday. 1 It 
would seem, in fact, that we are reading of an estate which 
would already, in its main features, answer to the common 
formulas of the Danelaw Domesday: the central vill, the 
dependent tenements, some owned outright by the lord, others 
only connected with the capital messuage by the fact that 
they carry a responsibility for suit and service to be rendered 
there. For it can hardly be otherwise than that, in those 
parts of Halam, Farnsfield, Fiskerton, and Normanton which ! 
appear to be excepted from the sphere of the archbishop's 
ownership, we have a form of tenement which would cor- j 
respond, at least in origin, to the sokeland of 1086. 

If it stood alone the Southwell charter, a late copy of j 
a difficult text, might perhaps be regarded with some suspi- 
cion. But it fortunately happens that, in regard to the clause 
implying the extension of sake and soke over the property, the 
Southwell evidence is supported by another document of 
almost contemporary origin, but of quite independent pro- i 
venance. In 959 2 Edgar, as king of Mercia, ' necnon et 
aliarum gentium in circuitu persistentium', granted to the 
matron Quen two cassates at Howden and ' Ealdredrege '. In 
the document by which this grant is made a separate set of 

1 In 1086 Walter de Aincurt possessed lands in Fiskerton, Morton, and 
Farnsfield ; Gilbert de Gand, lands in Kirklington and Normanton ; and 
Ralf fitz Hubert, lands in Gibsmere and Morton, of which the soke be- 
longed to Southwell. 

2 C.S. 1052. 



sec. ii] IN THE NORTHERN DANELAW 81 

boundaries is assigned to Howden and to ' Ealdredrege ' ; but 
between the two there is inserted the clause 'these are the 
lands which belong to Howden with sake and with soke', 
followed by a list of seven vills, each of which can be identified 
in the angle formed by the Yorkshire Ouse and Derwent 
of which Howden is the natural centre. 1 In 1086 2 all these 
vills were still appurtenant to the manor of Howden ; though 
it may be that the distinction of tenure which we have noted 
in the case of Southwell prevailed here also. In any case, 
we obtain valuable confirmation of the Southwell evidence 
proving the possession of jurisdictional powers by the lord of 
a newly granted estate at a date considerably earlier than the 
conveyance of any powers of the kind in the operative words 
of a genuine instrument ; and we may note it as significant 
that in both instances the existence of the lord's justice is 
revealed to us in the vernacular phrase sake and soke. 3 

King Eadwig's grant of Southwell was only one of a series 
of similar gifts through which the patrimony of the see of 
York was recruited in the third quarter of the tenth century 
after the fall of the Danish kingdom of Northumbria. Between 
956 and the death of Archbishop Oswald in 992 the northern 
archbishopric had become possessed of the important manors 
of Sutton in Nottinghamshire, Sherburn in Elmet, and New- 
bold near Pocklington in Yorkshire. 4 It is only in regard to 

1 Cnyllingtun [Knedlington], Beornhyll [Barnhill], Cafeld [Cavil], 
Thorp [Thorpe], Hythe [Hythe], Eastringatun [Eastrington], Belleby 
[Belby], Celpene [Kilpin]. 

2 Howden is one of those manors, characteristic of Yorkshire, to which 
much territory belonged both in the form of berewicks and as sokeland. 

3 The references to sake and soke in the Southwell and Howden land- 
books make it necessary slightly to modify the argument of Maitland in 
Dom. Bk. and Beyond, 258-67. It is, no doubt, true that express grants 
of jurisdiction became steadily more frequent as the writ-form gained 
popularity at the expense of the ancient diploma ; but the land-books 
which have just been considered show that the jurisdictional formula 
could be introduced into a solemn charter if need arose. The explicit 
reference to sake and soke at Southwell and Howden is apparently called 
forth by the fact that these estates were each scattered over a wide area : 
it was clearly felt necessary to explain that the new lord would possess 
rights of justice over the whole of the respective properties. It may be 
added that the existence of these charters of 956-9 makes the authenticity 
of the Altitonantis diploma of 964 a matter of less importance than 
before. 

4 C. S. 1044 [958], 1112 [963], 1113 [963]. 






82 TYPES OF MANORIAL STRUCTURE [sec. ii 

the second of these estates that we obtain information whichj 

is of importance for our present purpose, but the evidence! 

supplied in the case of Sherburn in Elmet well bears out thei 

conclusions suggested by the charters relating to Southwell 

and Howden. In 1066 Sherburn with its unspecified bere- 

wicks was rated at 96 carucates, a sum which at once suggests 

that, contrary to the usual practice in such cases, the wholej 

estate was regarded as a fiscal unit upon the familiar twelve- 

carucate basis. In 963 King Edgar gave to a certain Aslac 

20 cassates at Sherburn; but the statement of boundaries 

incorporated in the charter shows that the land in question 

formed only a portion of the whole estate conveyed. We are 

first given the boundaries of 20 hides of ' inland ' at Sherburn, 

a term which in this case probably refers exclusively to the 

central manor ; and then there follows a specification of the 

lands dependent on the latter which deserves quotation l : — 

' half a hide in " Hibaldestofte ", and one hide in Fryston, (and) 

in Hillam two oxgangs, and in Lumby two oxgangs, and one 

and a half hides in Milford and in Steeton, and in Micklefield 

two hides of land, and all " Luttringham " except one hide, j 

and one and a half hides in Church Fenton, and one and j 

a half hides in Cawood.' The text of the charter is corrupt,! 

but the sense of the present passage is sufficiently plain. 

Now the chief fact that arrests attention here is the small- 
ness of the several parcels of dependent territory. The bere- 
wicks of Sherburn are by no means entire vills, they are 

1 The arrangement of the property at Sherburn, and more particularly 
the meaning in this case of the term inland, are well illustrated by the 
formulas employed in C. S. 208, a charter purporting to have been granted 
by Offa in 772, and conveying land at Bexhill, Sussex. The statement of 
boundaries occupies two clauses : the first headed ' This sind basra viii 
hida land gemera par itilandes into bsexwarena lande ' ; the second 
' Thonne syndon ba gavolland pas utlandes into bexlea, in hiis locis qui 
appellantur hiis nominibus. On berna hornan hi hida, on wyrtlesham 
i etc' This charter (from Lambeth MS. 12 12) cannot be cited for the 
local organization of the eighth century, but it is fair evidence for a later 
practice by which the terms inland and utland were employed in con- 
trast ; the former to indicate the home portion of the estate, the latter to 
denote the outlying properties belonging to it. The former no doubt 
expresses the nature of the Sherburn inland of 963, and the scattered 
parcels of land which belonged there are clearly equivalent to the Bexhill 
utland. 



SEC. II] IN THE NORTHERN DANELAW 83 

disconnected hides and oxgangs scattered over an area more 
than six miles square. There is evidence, as will shortly be 
seen, which shows that a loss of territory had recently been 
sustained by the estate ; but the recorded details of the loss 
are quite insufficient to affect the essential character of the 
Sherburn berewicks. We are, in fact, dealing here with a type 
of estates different, so far as our knowledge goes, from the 
types displayed either in the royal manors of the Peak of 
Derbyshire or in the king's demesne of Rutland ; a type, 
moreover, to which it would not be difficult to cite parallel 
instances from Domesday. But perhaps the best commentary 
upon the local arrangements which obtained at Sherburn is 
afforded by a Cambridgeshire estate which King Edgar in 970 
conferred upon the monastery of Ely. 1 The charter by which 
this grant was made bestows upon St. yEthelthryth 10 cassates 
'aet Lintune', a lost vill now represented by Linden End 
near Aldreth ; and instead of boundaries the limits of the 
estate are defined by the clause 'This sind $a land into 
Lintune . . . haet bonne IrS hid maelum & aecer maelum on 
Wilburhtune [Wilburton] & on haedan ham [Haddenham] 
& on hille [ ] & on Wichamme [Witcham]', a clause 
explained by the statement in the body of the document that 
'ad hanc autem tellurem multa jugera ex diversis circum- 
jacentibus villis pertinent perpetua insignita libertate'. The 
berewicks of Sherburn no less clearly lay 'hide-meal and 
acre-meal' in the adjacent vills, among the strips held by 
independent landholders; although the subsequent develop- 
ment of the Sherburn and Linden estates proceeded on different 
lines. It is significant of the more rapid manorialization of 
the midlands, that in 1086 Wilburton and Witcham were 
organized as separate maneria, while the Sherburn estate had 
maintained its integrity, and indeed by the date of Domesday 
had become one of the largest manors in South Yorkshire. As 
to its condition in the tenth century, one most important fact, 
ignored by the compiler of the charter of 963, is happily 
recorded incidentally in another text ; the lord of Sherburn, 

1 C. S. 1268. The ' Lintune' of this charter represents the 'Lindone ' 
of the Cambridgeshire Domesday ; it is wrongly identified by Birch with 
Linton in the extreme south of the county. 

G 2, 



8 4 TYPES OF MANORIAL STRUCTURE [sec. ii 

whether the king or another, had formerly possessed soke 
over the estate, although from whatever cause half the soke 
had recently been withdrawn. It is very clear that we cannot 
argue from the silence of our tenth-century texts with respect 
to the existence of jurisdictional franchises at this time ; and 
we may raise the question, in passing, whether the perpetua 
insignita libertas which distinguished the Linden estate does 
not indicate the existence of that most important of all im- 
munities, the immunity which gave scope for the development 
of a seignorial court. Nor should we leave the Sherburn 
charter without a reference to the clear proof which it affords 
that the hide was still regarded --as the agricultural unit in 
South Yorkshire in the third quarter of the tenth century. 

Extensive as was the appendant territory of Sherburn in 
Elmet in 963, it merely formed part of a larger estate which 
had centred in that vill in early times. For our knowledge 
of this fact, and for other valuable information respecting the 
early local history of Yorkshire, we are indebted to the pre- 
servation of a fragmentary memorandum compiled at the 
instance of that very efficient man of affairs, Archbishop 
Oswald, and describing the condition of the estates of his see 
north of the Humber. 1 This document, which has at present 
hardly received the attention that it merits, falls into two 
parts, the first, setting out the lands which had been with- 
drawn from the three great estates of Sherburn, Otley, and 
Ripon ; the second, recording the territorial acquisitions 
in ' Northumberland ' of Oswald's predecessor, Archbishop 
Oscytel. The record bears no date, but as it relates that the 
archbishop had obtained a grant of the lands in question from 
King Edgar in person, it may probably be placed within 
a short time of Oswald's accession in 971-3. 

From the standpoint of general history this document 
deserves particular study as affording evidence in relation to 
a subject where evidence is sorely needed — the position of 
the northern archbishopric under the rule of the Scandinavian 
Kings of York. We might in any case infer that the new lords 
of Northumbria would show scant respect to the boundaries 
a C. S. 1278-9. The existing text is corrupt. 



SEC. ii] IN THE NORTHERN DANELAW 85 

of the ancient estates of the see ; it is the present document 
which alone gives details in regard to this matter. But for 
our present purpose the evidence supplied by this document 
with relation to the general character of the Northumbrian 
estates at issue is more important ; and this evidence is con- 
clusive. The lands which had been taken from Otley covered 
part at least of thirteen vills, distributed over an area of ten 
miles along Wharfedale, and extending widely over the moors 
j on each side of the valley. 1 Of the means by which the arch- 
bishop, in the first instance, became possessed of Otley, we 
know nothing ; but the tenth-century estate of Ripon un- 
doubtedly descends from that ' monasterium triginta fami- 
liarum ' which Alchfrid of Northumbria gave to Wilfrid in 
or about the year 66 1. 2 The loss sustained at Ripon 
amounted to seven distinct properties, of which one, Helperby 
on the left bank of the Swale, had been recovered by Arch- 
bishop Oscytel in a remarkable manner ; two brothers, we are 
told, had possessed one wife, and had therefore forfeited their 
land to the archbishop. But the noteworthy fact which we 
learn about Helperby is that at the time of its recovery the 
estate had come to include dependent territory in a number 
of scattered vills — ' into Heolperby hyr$ Mytun twa dsel, et 
Wibustan socn et burulfestun et toletun et borp '. If then, 
as we must infer from our text, Helperby, or an earlier village 
on the same site, had in ancient times been annexed to Ripon, 
we are driven to the conclusion that at some date subsequent 
to the Danish conquest of York the site had been occupied 
by a settler who had not only withdrawn his land from its 
dependence on Ripon, but had also added to it scattered pro- 
perties distributed somewhat widely over the neighbouring 
country, properties which in one case were subject to the 
lord's soke. Beyond this we cannot go ; but if our text may 
be trusted, we are certainly dealing at Helperby with a dis- 
crete estate existing in the days of the independent kingdom 
of York, in which the local organization familiar in the Dane- 

1 Addingham in Wharfedale, the first of these estates, was still in the 
hands of the archbishop in 867, when Archbishop Wulf here retired there 
at the time of the Danish occupation of York (Simeon of Durham, i. 225). 

2 Bede, H.E.v. 19. 



86 TYPES OF MANORIAL STRUCTURE [sec. ii 






law of 1066— the central messuage, the dependent tenements, 
the sokeland— had already been developed. 

The case of Sherburn in Elmet differs in some respects from 
the cases of Ripon and Otley. To the compiler of Oswald's 
memoranda all these estates alike were ancient possessions of the 
see of York, which had suffered encroachment during recent dis- 
orders. To such an explanation the preservation of the Sherburn 
land-book of 963 presents a superficial difficulty. The estate, 
without any reference to its past history, is granted de novo by 
King Edgar, not to the archbishop, but to the thegn Aslac. 
The only solution of this difficulty which presents itself is the 
supposition that Sherburn had in some way come into the 
king's hand, and that the king, in restoring it to the see of 
York, wished to make one of his thegns a partner in the 
o-ood work ; just as in the same year, when selling Newbald l 
to the archbishop, he conveyed the estate in the first instance 
to the Earl Gunner, with the customary reservation that the 
land was to be devoted to religious uses. Happily these 
details of conveyancing practice do not affect the authenticity j 
of the highly important statement in the memorandum which 
asserts that half the soke that belonged to Sherburn had been 
withdrawn ; nor do they concern the information which the 
memorandum and the charter together supply with respect to 
the outlying members of the estate. The essential fact in this j 
connexion, the annexation of fractional parts of scattered vills j 
to a central estate, is clear ; and it carries the implication that j 
whether or no the whole property were subject to the lord's 
soke, the lord was regarded as the owner of the soil. Already 
in the mid-tenth century the form of local organization which 
the compilers of Domesday were to describe under the name 
of the berewick had come into being. 2 

1 In the Newbald charter (C. S. 1113) Gunner receives the land in 
question ' pro obsequio ejus devotissimo '. The real nature of the trans- 
action is indicated by the statement in the Memorandum that Oscytel 
bought the land at Newbold from King Edgar with 120 mancuses 'of 
red gold'. 

3 The word itself has passed into local nomenclature under the form of 
Berwick or Barwick. That the connexion was still recognized at the date 
of the Survey is shown by the entry relating to Kippax, York (fo. 315) 
' Huic manerio adjacet terra quae vocatur proprie Berewit [Barwick in 
Elmet] '. 



i 



SEC. n] IN THE NORTHERN DANELAW 87 

Among the forces which made for manorial consolidation 
in the generations preceding the Norman Conquest an im- 
portant place must assuredly be assigned to the pressure of 
the geld upon the rural population. The operation of this 
force in detail is hidden from us ; but there is evidence enough 
to suggest that the king and his advisers have been from an 
early date regarding the lord as in the last resort responsible 
for the geld laid upon tenements within the scope of his local 
influence. Earlier in this essay it has been suggested that 
a main feature distinguishing the position of the sokeman 
within the manor was his responsibility for the geld due from 
the lands which he held ; and the argument might well be 
pressed that it was the lord who acquitted the tenements of 
villeins and bordars, the unfree tenements of later times. It 
thus becomes important to inquire, so far as any inquiry is 
possible, into the question of the date at which the assessment 
of the Danelaw, as revealed in Domesday, takes its origin, and 
in regard to this matter the evidence of the early texts which 
have recently been considered is of some peculiar value. 

In the west and south of England it is usually easy to 
demonstrate continuity between the mansae and cassati con- 
veyed in extant land-books 1 and the hidage of the relevant 
estates as recorded in Domesday. The assessment of such 
a county as Berkshire, for example, was clearly a matter of 
long standing in 1066. But the case is startlingly different 
when we investigate the figures recorded in the little group of 
land-books which have been preserved with reference to the 
shires dependent upon the Five Boroughs. There is no need 
to produce evidence to show that the men who distributed 
the assessment of Lincolnshire or Yorkshire among the several 
vills of these shires ended by imposing upon the normal vill 
in this region a duodecimal group of carucates bearing geld ; 
the fact has already been demonstrated to the full. But it is 
scarcely realized as yet that the land-books which relate to 
the Danelaw reveal no trace of any such system. From the 

1 Thus, to take a Berkshire example, in 942 King Eadmund sold an 
estate in Brimpton, estimated at 8 mansae (C.S. 802). In 1066 the vill 
was divided into two manors, rated respectively at 2>\ and 4^ hides. 



88 TYPES OF MANORIAL STRUCTURE [sec. n 

period before the year 975 there remain eleven documents 
which definitely specify the amount of land conveyed in each, 
and the figures are suggestive. The 10 manses granted at 
Eaton in Dovedale, the 5 granted at King's Newton, the 10 
at Parwich, all in Derbyshire ; the 20 manses of Southwell, 
the 10 cassates of Sutton in Nottinghamshire, the 20 hides 
of Sherburn in Elmet ; are not only out of all correspondence 
with the Domesday assessments of these places, they rest upon 
a decimal basis of computation identical with that which 
obtained in Oxfordshire or Worcestershire. 1 Regarded singly, 
these figures furnish a prima facie case for the belief that the 
distribution of fiscal units in the Danelaw is at the least more 
recent than the year of King Edgar's death ; they may well 
incline us to regard with some respect the vast numbers of 
hides assigned in the ' Tribal Hidage ' to the men of the 
Peak, of Lindsey, and of Mercia. 

This conclusion is supported in a remarkable manner by 
two unrelated facts. The appearance of the hide as the local 
agrarian unit at Sherburn in Elmet in 963 is a very positive 
objection to any theory which would assign a high antiquity 
to the Domesday assessment of the Danelaw. It may well be 
that in the oxgang of the Sherburn text we should recognize 
the native word represented by the familiar bovate of Domes- 
day ; but the carucate, as a legal term, has clearly not yet 
obtained currency in the north. Nor is it unimportant that the 
persistence of the hide can be shown at a date nearly forty 
years after the Sherburn grant in relation to two other of the 
Danelaw shires : the will of Wulfric Spot refers incidentally 
to hides at Awsworth in west Nottinghamshire and at Sharn- 
ford in south Leicestershire. And in the second place, there 
is the remarkable fact that in that collection of fiscal statistics 
known as the County Hidage — statistics agreeing too closely 
with the Domesday assessments of the shires to which they 

1 The 60 maneutes at Hope and Ashford, the 30 cassati of Newbald, 
might be explained as pointing indifferently to a decimal or duodecimal 
system. Estates of 30 hides, however, were known at an early date in 
the south (799-802, original), e. g. in C. S. 201 ' terram xxx manentium in 
Middil Saexum' . . . terram totidem manentium, id est xxx, in Ciltinne, 
in loco ubi dicitur Wichama ' [High Wycombe, Bucks.]. 



sec. n] IN THE NORTHERN DANELAW 89 

refer to be referred to a date much beyond the opening of the 
eleventh century — the counties of York, Nottingham, Derby, 
Leicester, and Lincoln, the carucated shires of England, are 
omitted. Taken singly, these facts might be explained away ; 
together they raise a very definite presumption that at the 
close of the tenth century the shire of York, the district 
dependent on the Five Boroughs, had not yet been brought 
under the operation of the fiscal system of the south and east. 

It is impossible, through lack of evidence, to determine the 
date at which the change was made. The existence of ^Ethel- 
red's Wantage code suggests that that king was at least more 
interested in the internal affairs of the Danelaw than were any 
of his predecessors — sufficiently interested to legislate for the 
men of the Five Boroughs. But the reign of the redeless king 
is by no means the period to which we should be inclined to 
refer so great an administrative measure as the imposition of 
a uniform system of assessment upon a fourth part of England. 
And there remains one fact which suggests very strongly that 
the distribution of fiscal carucates over the Danelaw is at any 
rate later than the issue of ^Ethelred's Wantage code. The 
Domesday assessment of the Danelaw was based upon a very 
remarkable system by which, where necessary, 1 vills were 
grouped so as to form what were termed 'hundreds', each 
bearing a joint assessment of twelve carucates to the geld. 
That these hundreds were primarily created to provide for 
the punctual payment and exact local apportionment of the 
geld is very probable 2 ; but it is clear that they served other 
purposes as well. They were at least sufficiently organized 
to give a corporate opinion upon questions relating to the 
disputed ownership of land 3 ; they probably, in former times, 
fulfilled the functions of a local judicial assembly. Now in 
iEthelred's Wantage code we are given a singular description 

1 In Kesteven, where individual vills were larger than elsewhere, a 
single vill might well constitute a ' hundred ' by itself after the manner of 
Potter Hanworth and Branston (fo. 461), or a double hundred as at Long 
Bennington (fo. 348). 

3 This is strongly suggested by the uniformity of the assessment. 

3 Fo. 370: 'In Chisebi' [Keisby Lincoln] habuit Offram iiii bovatas 
terrae ad geldum. . . . Homines de punchedo dicunt socam jacere in 
Osgotebi [Osgodby].' 



y 



9 o TYPES OF MANORIAL STRUCTURE [sec. ii 

of the fines payable for the breach of the king's peace under! 
different circumstances, which is very pertinent to the present 
question. Peace given in the general assembly (gepincdu) of 
the Five Boroughs is the most severely guarded ; then comes ; 
the peace given in the wapentake ; lastly, the peace given 
in ealhnse ; and it is difficult to believe, if a series of ' hundreds', 
such as are revealed by Domesday, already existed at the date 
of the Wantage code, that the peace given there should not be 
regarded as of greater moment than the peace given in the 
beerhouse. It is true that the date of the Wantage code is 
itself uncertain, and that the reign of ^Ethelred II is very 
long ; but the hide was still the agrarian unit in the Danelaw 
at the beginning of the eleventh century, and if a date for the 
assessment of the Danelaw may be suggested on grounds of | 
general probability, then no other period so well fits the known 
circumstances as the accession of the foreign conqueror Cnut. 1 
But whatever conclusion may be reached in regard to this 
matter, it would seem clear that the men of the Danelaw 
until a late period were exempt from the fiscal burdens which 
pressed upon their neighbours to south and west 2 ; and it may 
well be that in this fact we should recognize one among the 
many causes which contributed to the general liberty which 
they enjoyed in 1066. 

In conclusion, a passing reference should perhaps be made 
here to one grave problem which becomes increasingly press- 
ing as we trace the history of the Danelaw manerium back- 
wards through the tenth century ; a problem which arises in 

1 The geld of 1018 brought in, according to the Chronicle, ^72,000 ; 
more than twice the amount obtained from any previous levy. But how 
far the figures recorded in regard to this matter by the Chronicle repre- 
sent the truth is very doubtful. 

2 In other words, it is probable the lands of the Danelaw shires were 
still numbered according to the system which underlay that ancient record 
the Tribal Hidage, a system devised in order to meet the elementary 
needs of a seventh or eighth-century king, but quite inappropriate to the 
severe burdens of taxation or military defence which lay upon the popula- 
tion of Wessex and the southern and western midlands in the tenth 
century. In the Tribal Hidage the men of Lindsey answer for 15,000 
hides ; in the eleventh century, upon calculation from the Lindsey Survey 
supplemented by Domesday, they were assessed at just 2,000 carucates. 
There is a superficial reduction here ; but it is accompanied by the imposi- 
tion of fiscal burdens of altogether disproportionate severity. 









SEC. ii] IN THE NORTHERN DANELAW 91 

connexion with the local nomenclature of this district. In 
1066 the vills of the Danelaw were free, to an extent perhaps 
without parallel elsewhere in England ; they were unmano- 
rialized, and in many cases would appear never to have known 
any lord of lower rank than king, earl, or bishop. The pre- 
sumption is naturally strong that the liberty which they 
possessed in 1066 belonged to them from the beginning of 
their history ; that the bys and thorpes of the Danelaw 
resulted from the settlement of groups of free-men ; that the 
lord was in all cases an unoriginal element in the life of these 
communities ; and that in many cases he had not come into 
being at all at the time when the Norman Conquest extended 
the manorial system over the unfeudalized east and north. This 
conception agrees well with the evidence supplied by Domes- 
day ; it enables us to co-ordinate the agrarian customs of the 
Danelaw with those revealed by the remains of early Scan- 
dinavian law, and undoubtedly it contains a large measure 
of truth ; but the place-names of the Trent basin raise a silent 
protest which has hitherto been too little regarded. Brooksby 
Thorganby, Gamston, Skegby, are names which will not 
permit us to deny a primitive superiority, of whatever origin 
or extent, to Broc, Thorgrim, Gamel, and Skegg. We 
may minimize the significance of the eponymous lord ; we 
may refuse him the ownership of the village lands ; we may 
believe that a village of free settlers coexisted from the begin- 
ning beside his dominant homestead ; but we cannot explain 
him away ; and it is probable that for a long time yet he will 
remain to complicate the earliest phase of the local history 
of the Danelaw. Here, at least, no explanation of his pre- 
sence can be attempted ; but it is well to remember that 
there comes a point at last at which the study of agrarian 
types touches the study of local nomenclature, and that the 
reconciliation of the personal element compounded in count- 
less place-names with the general freedom which distinguished 
the Danelaw villages of 1066 is a task which must be under- 
taken in the future. 



APPENDIX 

MS. HARL. 3759, Fol 103. 

[Collated with the independent transcript given by Dugdale, 
Mon. Ang. iv. 623.] 

1 Notum sit omnibus fidelibus Christianis 2 quod ego Rogerus de 
Buusli et uxor mea Muriel pro stabilitate regis Anglorum Willelmi 
successorumque ejus s nee non et pro anima regine Matildis et pro 
salute animarum nostrarum 4 consilio amicorum nostrorum dedi et 
concessi et hac presenti carta mea confirmavi deo et sancte B Marie 
de Blida et monachis ibidem deo servientibus ecclesiam de Blida et 
totam villam integre cum omnibus appendiciis suis et consuetudini- 
bus sicuti homines ejusdem ville michi 6 faciebant ; scilicet arare, 
karare 7 (sic), falcare, bladum meura 8 secare, fenum meum 8 facere, mar- 
chetum dare, stangnum 9 (sic) molendini facere. Praeterea dedi et con- 
cessi predictis monachis theloneum et passagium de Radeford usque 
in Thornewad 10 et de Frodestan 11 usque in hidil. 12 Dedi et 13 eis feriam 
et mercatum u in eadem villa absolute et libere absque ullo retene- 
mento. Propterea 15 (sic) dedi predictis monachis omnes dignitates 
quas habebam in eadem villa, scilicet soc et sac tol et them et infang 
et thief 16 (sic) ferrum et fossam et furcas cum aliis libertatibus uti 17 tunc 
temporis tenebam de rege. Insuper dedi eis Elleton' [Elton, Notts] 
et quicquid ei pertinet, Bectonam [Beighton, Derby] et quicquid ei 
pertinet et quicquid habebam in Barnbeia 18 [Barnby, York,]. Dedi 
etiam eis l9 decimas 2o viginti trium carucarum mei proprii laboris 
quarum due sunt in Wateleya 21 [North Wheatley, Notts] et in Marne- 
ham due et dimid'. In Aplebeia 22 [Appleby, Lincoln.] due partes 
decime aule in terris et in essartis et in omnibus minutis decimis. 

1 Add ' In Nomine Sancte et individuae Trinitatis' D. 

2 Omit Christianis D. s Et successorum ejus D. 

4 Omit nostrarum D. fi beatae D. 6 Omit michi D. 

7 kariare U. 8 Omit meum D. 9 stagnum D. 

10 Thornewat D. u Frodeston D. 12 Hidds Hill D. 

3 etiam U. M marchatum D. 15 praeterea D. 
6 infangethefe D. 17 ut D. 18 Barnebeya U. 

19 Omit eis D. 2° decimam D. 21 Wateleia D. 

22 Appelbeya D. 



APPENDIX 93 

In Lactona [Laughton en le Morthenn, York.] due partes decime 
aule in terris et in essartis et in omnibus minutis decimis. In 
Clifford [Clifford, Gloucester.] due partes decime aule et in terris 
et in essartis et in omnibus minutis decimis. In Bingeham x [Bing- 
ham, Notts] due partes decime aule in terris et in essartis et in 
decimis minutis. In Saltebeia 2 [Saltby, Leicester.] et in Gerthorp 3 
[Garthorpe, Leicester.] et in Bersalldebea 4 [Bescaby Leicester.] due 
partes decime aule in terris et in essartis et in omnibus minutis 
: decimis. In Brugeford 5 [East Bridgeford, Notts] due partes decime 
aule in terris et in essartis et in omnibus minutis decimis. In 
Ludeham f ' et Gunnethorp 7 [Lowdham and Gunthorp, Notts] due 
partes decime aule in terris et in essartis et in omnibus minutis 
: decimis, et in Clipestona 8 [Clipston on the Wolds, Notts] decima 
j unius caruce, et due partes de decima de Crocheston 9 [South 
Croxton, Leicester.]. Hec omnia supradicte 10 ecclesie Blide ad 
edificationem loci et victum et vestitum monachorum ibidem Deo et 
genetrici servientium concedo in perpetuum, excepto quod unoquoque 
anno de omnibus hiis ecclesie sancte trinitatis de Monte Rothomagi 
dabuntur quadraginta solidi anglice monete. Testimonio virorum 
quorum nomina hie sunt. 

11 Albertus presbiter. 

Ricard presbiter. 

Willelmus presbiter. 

Fulco de Lusoriis. 

Thoraldus frater ejus. 

Ernoldus de Buulli. 

Godefridus dapifer. 

Turold de Cheverchort. 

Claron. 

Radulphus de Novi Fori. 

Pagan Gladicus. 

W. de Drincort. 
Hec donatio facta est 12 anno dominicae incarnationis M° octages- 
simo octavo. 13 



2 



1 Omit ' In Bingeham due partes ... in decimis minutis' D. 

2 Saltebeya D. 3 Garthorp D. 

* Berchassebeya D. B Briggeford D. Ludham D. 

7 Gunthorp D. 8 Clippestona D. 9 Crokestona D. 

10 supradicta D. " Witnesses omitted D. 12 fuit D. 

13 octo D. 



INDEX 



Acklom, York, 33. 
Addingham, York, 85. 
yElfthryth, queen, 77. 
Aids from sokeland, 68. 
Aldborough, York, 32. 
Alfreton, Derby, 72. 
Allington, Lincoln, 65. 
Alverton, Notts. ,66-7, 70. 
Appleby, Leicester, 10. 
Appleby, Lincoln, 92. 
Arcis, Osbern de, *]. 
Arcis, William de, tj. 
Arnold, Notts., 33, 68. 
Aschil, a thegnin Lincoln- 
shire, 6. 
Ash, Derby, 72. 
Ashbourne, Derby, 73-5. 
Ashford, Derby, 73, 88. 

— berewicks of, 73-4. 
Assessment of Danelaw, 

87-90. 
Attercliffe, York, 14. 
Aula, 12. 

— constituting manor, 

57-9- 
Awsworth, Notts., hides 

at, 88. 
Bnkewell, Derby, 73, 

75-6. 

Barholme, Lincoln, 40-1. 

Barkston, Lincoln, mills 
of, 36. 

Barnby - in - the - Willows, 
Notts., 49. 

Barnby, York, 92. 

Barrow-on-Humber, Lin- 
coln, 33. 

Barrow-on-Soar, Leices- 
ter, 44. 

Barwick in Elmet, York, 
86. 

Baumber, Lincoln, 19. 

Beighton, Derby, 92. 

Belch ford, Lincoln, soke 
of, 44. 

Berewick, derivation of, 4. 

— equivalent to inland, 
5, 12-14. 

— definition of, 13, 50. 

— combination of, 69-70. 

— early appearances of, 
70-1. 

Bcscaby, Leicester, 93. 

w. s. 



Bexhill, Sussex, 82. 
Bingham, Notts., 93. 
Blyth, Notts., 22-4. 

— foundation charter of, 

9 2 -3. 
' Bochetone,' York, 19. 

Bolingbroke, Lincoln, soke 

of, 20, 32, 44. 
Bordarii, 54. 

— upon sokeland, 19-20. 
Bothamsall, Notts., soke 

of, 33- 
Bowden, Great, Leicester, 

soke of, 32. 
Braceborough, Lincoln, 

40-1. 
Bracton, 9. 

Branston, Lincoln, 89. 
Branston, Stafford, 72. 
Brant Broughton, Lincoln, 

8. 
Braunston, Northants, 72. 
Breedon, Leicester, 78. 
Bridgeford, East, Notts., 

93- 

Bridlington, York, 33. 

Brimpton, Berks., 87. 
Brocklesby, Lincoln, 30. 
Brooksby, Leicester, 91. 
Bucknall, Stafford, 75. 
Bulcote, Notts., 46. 
Burnham, Lincoln, 30. 
Burstwick, York, 34. 
Burton, near Lincoln, 48. 
Burton Abbey, 71. 

— cartulary of, 10. 
Butterwick, Lincoln, 48. 
By-laws, 27-8. 
Caenby, Lincoln, 5. 
Caistor, Lincoln, soke of, 

32, 66. 
Caldwell, Leicester, 46. 
Cambray, Godfrey de, 7. 
Cambridgeshire, manorial 

type of, 39, 42-3. 
Cammeringham, Lincoln, 

42. 
Carlby, Lincoln, 40-1. 
Carlton in Lindrick, 

Notts., 63. 
Caythorpe, Lincoln, 12- 

13, 32- 
Chalgrave, Bedford, 74. 



Chester, earl Hugh of, 6. 

Chesterfield, Derby,52,68. 

Chevet, York, 57. 

Clarborough, Notts., 22. 

Claxby, Lincoln, 33. 

Claxby, near Normanby, 
Lincoln, 15. 

Clayton, York, 33. 

Cleatham, Lincoln, 6. 

Clifford Chambers, Glou- 
cester, 79, 93. 

Clifton, Notts., 33. 

Clipston on the Wolds, 
Notts., 93. 

Coates, Great, Lincoln, 65. 

Commendation, 43. 

Consuetudines, 35-7. 

County Hidage, 88-9. 

Court Leet, 27. 

Creaton, Lincoln, 40. 

Croughton, Northants, 

I4-J5- 
Croxton, South Leicester, 

93- 

Danelaw, definitions of, 3. 
Darley, Derby, 73. 
Depression of peasantry, 

17-18. 
Dialogus de Scaccario, 9. 
Diseworth, Leicester, 78. 
Doddington, Lincoln, 32. 
Dominium and soca, 7- 

10,47. 
Dominium au/ae, 12. 
Drayton, Lincoln, 32. 
Driffield, York, 32. 
Dunham, Notts., 32, 44, 

62, 68. 
Dunholme, Lincoln, 48. 
Eakring, Notts., 47. 
Easingwold, York, 33. 
East Deeping, 60. 
Easton, Great, Leicester, 

3°- 

Easton, Northants, 25,31. 
Eaton in Dovedale, Der- 
by, 88. 
Eaton, Notts., 63. 
Edenham, Lincoln, 32. 
Eggington, Derby, 33, 72. 
Eight pounds, unit of, 33. 
Elton, Notts., 92. 
Emma, Queen, 77. 



INDEX 



95 



Escheppa brasei, 25. 
Evenley, Northants, 15. 
Fenton, Notts., 58. 
Firma as food-rent, 37-8. 
Firmae of manors, 34. 
Fiskerton, Lincoln, 7. 
Five boroughs, 3, 90. 
Flawborough, Notts., 66. 
Folkingham, Lincoln, 32. 
Foston, Lincoln, 9. 
Frampton, Lincoln, 48. 
Franchises in Danelaw, 22. 
' Freckenham, Cambridge, 

iFneston, Lincoln, 13. 
j Frige soca, 40-2. 
Frigman, 41. 
Fulbeck, Lincoln, 9. 
Gafol, 36. 

Gamston, Notts., 91. 
Garthorpe, Leicester, 93. 
Gayton le Wold, Lincoln, 

32, 68. 
Gebur, 54. 
Gedalland, 79. 
Geld of 1018, 90. 
Geneat, 54. 
— distinguished from 

sokeman, 54. 
Gesettland, 11. 
Gilling, York, 34. 
Gonerby, Great, Lincoln, 

12. 
Goulceby, Lincoln, 12. 
Grantham, Lincoln, 1 2, 

28,44. 
Greetham, Lincoln, 32,44. 
Gunthorpe, Notts., 93. 
Guthrnm, kingdom of, 3. 
Habrough, Lincoln, 30. 
Haceby, Lincoln, 29. 
Hagnaby, Lincoln, 25. 
Hagworthingham, Lin- 
coln, 50. 
Hall, as feature of mane- 

rium, 57-9. 
Hallam, York, 14. 
Halton Holgate, Lincoln, 

20. 
Halton, West, Lincoln, 

soke of, 68. 
Hambledon, Rutland, 76- 

7- 
Harlaxton, Lincoln, 12. 
Harmston, Lincoln, 50. 
Hatton, Derby, 16. 
Hawton, Notts., 63. 
Helperby, York, 85. 
Hengwrt charters, 71-2. 
Heriot, sokeman's, 36. 



Hibalstow, Lincoln, 7. 

Hickling, Notts., food- 
rent at, 37-8. 

Hides in the Danelaw, 88. 

Hiendley, York, 58. 

Hiorda wic, 73. 

Hodsock, Notts., 22. 

Holne, York, 5, 16. 

Hope, Derby, 73-5, 88. 

Horncastle, Lincoln, soke 
of, 32, 44. 

Hornsea, York, 34. 

Howden, York, 32, 80-1. 

Hundreds in the Dane- 
law, 13, 89-90. 

Ilkeston, Derby, 33,48. 

Inland, in Lincoln and 
York, 5. 

— contrasted with war- 
land, 10-11. 

Inwara and ntwara, 30- 

3 T - 
Ivo Taillebois, 24. 

Keal, East, Lincoln, 20, 

5 2 - 
Keelby, Lincoln, small 

manors at, 64-6. 

Keisby, Lincoln, 29. 

Killingholme, Lincoln, 63. 

Kilnsea, York, 34. 

Kilvington,Notts.,67,7o. 

King as residual Lord, 

44-5- 
King's Newton, Derby,88. 

Kinoulton, Notts., 37. 

Kippax, York, 33, 86. 

Kirkby on Eain, Lincoln, 

5- 
Kirkby ,East, Lincoln, 20, 

25-6. 

Kirkby Laythorpe, Lin- 
coln, 33. 

Kirton Lindsey, Lincoln, 

33. 44- 

Knaresborough, York, 5. 

Laneham, Notts., 12, 77. 

Langhton en le Morthen, 
York, 33, 93. 

Legerwite, 24. 

Liber Niger of Peter- 
borough, 6-9. 

Linden, Cambridge, 83. 

Lindsey, assessment of, 90. 

Local nomenclature, 3, 

9 2 ~3- 

Lottus, York, 33. 

Long Bennington, Lin- 
coln, 8, 89. 

Long Eaton, Derby, 19. 

Lowdham, Notts., 93. 



Manbote, 18. 
Manerium, 4. 

— under soke, 50. 

— definitions of, 56-60. 

— typical form of, 59. 

— as affording title to 
land, 59-60. 

Manor of berewick, 61. 
Manorialization, 52. 
Mansfield, Notts., soke of, 

68. 
Manton, Lincoln, 7. 
Mapleton, York, 34. 
Markeaton, Derby, 33. 
Market Deeping, Lincoln, 

7- 
Marnham, Notts., 92. 

Matlock Bridge, Derby, 

73- 

Medeshamstede, 71. 

Melton Mowbray, Leices- 
ter, 44. 

Memoranda, of Medes- 
hamstede, 71. 

— of York, 84-6. 
Merchet, 23-4. 
Messingham, Lincoln, 7. 
Mickleover, Derby, 32, 

62, 72. 
Military service fromsoke- 

land, 28-31. 
Mill soke. 36-7. 
Morton, Derby, 21, 33. 
Nettleham, Lincoln, 33. 
Newark, Notts., 32. 44,62. 
Newbold, York, 81, 86, 

88. 
Newbold, Derby, 52. 
Normanton on Trent, 

Notts., 58, 64. 
Normanton by Claxby, 

Lincoln, 13. 
Northallerton, York, II, 

50, 69. 
Northorpe, Lincoln, 19. 
Notton, York, 14. 
Oakham, Rutland, 76-7. 

— its berewicks, 77. 
Ogston, Derby, 21. 
Orae of sixteen pence, 34. 
Orston, Notts., 32, 44, 46, 

68-9. 
Osbaldwick, York, 52. 
Osbournby, Notts., 28. 
Oscytel, archbishop of 

York, 79, 84-5. 
Oswald, archbishop of 

York, 81, 84. 
Oswardbeck, Notts., soke 

of, 36, 44-5, 68-9. 



9 6 

Otley, York, 32, 85-6. 
Ouseburn, York, 5. 
Overton.Market, Rutland, 

70. 
Ozleworth, Gloucester,79. 
Parwich, Derby, 73, 76, 

88. 
Payments by sokemen, 3. 

— their origin, 34-5. 
Peak, royal demesne of, 

7 2 ~5- 
Pilsley, Nether, Derby, 

21,33- 

Pocklington, York, 34. 

Potter Hanworth, Lin- 
coln, 89. 

Presentment, procedure 
by, 27. 

• Racchenstus,' 34. 

Radknight, 54. 

Rauceby, Lincoln, 12, 40, 
41. 

Rectitudines , 53-5. 

Reepham, Lincoln, 7. 

Repton, Derby, 32. 

Revesby, Lincoln, 20. 

— abbey, foundation 
charter of, 24-7. 

Ridlington,Rutland,76-7. 
Ripon, York, 33, 85-6. 
Rothley, Leicester, 32, 

44, 46, 67, 
Roth well, York, 64. 
Ruskington, Lincoln, 32, 

43- 
Rutland .demesne of, 76-7. 

Sake and soke, 21-2. 

— at Southwell and How- 
den, 79-81. 

— at Sherburn in Elmet, 

83-4. 
Saltby, Leicester, 93. 

Sawley, Derby, 33. 
Scarsdale wapentake, 

Derby, 45, 68. 
Scawby, Lincoln, 7. 
Scotter, Lincoln, 6, 24. 
Scotton, Lincoln, 19. 
Scredington, Lincoln, 51. 
Scropton, Derby, 16, 33. 
Sharnford,Leicester, hides 

at, 88. 
Sherburn in Elmet, York, 

82-4, 86, 88. 

— berewicks of, 82-3. 
Shipley, Derby, 39. 
Sibsey, Lincoln, 20. 
Six hynd men, 18. 



INDEX 

Skegby, Notts., 91. 
Skillington, Lincoln, 40. 
Sleafoid, Lincoln, 32. 
Sokes, origin of, 44-6. 

— partition of, 51. 
Sokeland, derivation of, 4. 

— nature of, 10. 

— definition of, 13, 50. 

— intermanorial, 46-9. 
Sokemen, 18-20. 

— their position in the 
manor, 46-9. 

— their services, 22-7. 
Somerby, near Grantham, 

Lincoln, 29. 
Southwell, Notts., 32, 69, 
78-80, 88. 

— its berewicks, 79. 
Sproxton, Leicester, 7- 
Stainton, Lincoln, 30. 
Stapleford, Leicester, 31. 
Stapleford, Lincoln, 49. 
Staunton, Notts., 29, 46, 

66-7. 
Stickford, Lincoln, 25. 
Stickney, Lincoln, 25. 
Stow St. Mary, Lincoln, 

5, 33, 44- 
Sturton, Great, Lincoln, 5. 

Suit of court, 21. 
Survivals of small manors, 
64-7. 

— sokes, 67-9. 

— ancient freeholds, 49. 
Sutton, Notts., 33, 69, 

88. 
Svvaton, Lincoln, 29. 
Taddington, Derby, 74. 
Tallages, 37, 68. 
' Tateshall,' 14, 57-8. 
Tenements of sokemen, 

46-9. 
Tenure, dependent, 19. 

— in dominio, 10. 

— in servitio, 10. 
Thegnland, 15-17. 

' Thoresbia,' Lincoln, 25. 
Thorganby, Lincoln, 91. 
Thorn, Lincoln, 30. 
Thurlby in Ness wapen- 
take, Lincoln, 40-1. 
Tochi, son of Outi, 43. 
Tribal Hidage, 90. 
Tun and manerium, 57. 
Uhtred, earl, 74-5. 
Utland, 1 1 . 

— contrasted w ith inland, 
82. 



Values, pre-conquest, 32. 
Value as jirma, 34. 
Vill and manor, 5 2, 6 2-70. 
Villani on sokeland, 17- j 

20, 52. 
Waddington, Lincoln, 33, 

50- 

Waithe, Lincoln, 46. 

Wakefield, York, 32. 

Walcot, near Alkbor- 
ough, Lincoln, 6. 

Waltham le Wold, Lin- 
coln, 32, 44. 

Wantage Code, the, 53, 
89-90. 

Wapentake, the, 3. 

— and soke, 44-6. 

War land, 10-11. 

Wartre, York, 32. 

Welbourne, Lincoln, 47. 

Well, Lincoln, 33. 

Well wapentake, Lincoln, 
44. 

Welton, York, 32, 47. 

Wers in Twelfth century, 
18. 

Westborough, Lincoln, 32. 

Westby, Lincoln, 40, 41. 

Weston on Trent, Derby, 

33- 

Weston on Trent, Notts., 

63- 

Wheatley, North, Notts., 

92. 
Whitby, York, 34. 
Willesley, Derby, 21. 
Willington, Derby, 10, 1 1. 
Willoughby, Lincoln, 13. 
Willoughby, Warwick, 72. 
Wilsford, Lincoln, 29. 
Wilson, Leicester, 78. 
Wingfield, Derby, 21. 
W'inshill, Derby, 10, 36. 
Wirksworth, Derby, 71, 

73- 
Wispington, Lincoln, 5. 

Withernsea, York, 34. 

Wotton underEdge, Glou- 
cester, 79. 

Wragby, Lincoln, soke of, 
44. 

Wulfric Spot, his will, 

21, 88. 

Wycombe, High, Bucks., 

88. 
York, kingdom of, 3. 
York, Liber A lints of, 71, 
Yorkshire, harrying of, 4. 



IV 

CUSTOMARY RENTS 

BY 

MISS N. NEILSON, Ph.D. 

LECTURER IN MOUNT HOLYOKE COLLEGE, MASS. U.S.A. 



C. R. . B 



CONTENTS 

PAGE 

Introductory 5 

Chapter I. Food Rents 15 

Chapter II. Rents commuting Labour Services 48 



Chapter III. Rents paid for Pasture and 
Estover Rights 



Chapter IV. Condition Rents 

Chapter V. Miscellaneous Rents 

Chapter VI. Royal Rents: Administrative 

Chapter VII. Royal Rents: Judicial 

Chapter VTII. Church Rents 

Rents paid from Geldable Land as they appear 
in the Hundred Rolls .... 

Documents from which the List of Rents has 
been chiefly compiled .... 

Index 



69 

86 

105 

114 

154 

188 

202 

204 
207 



B 2 



INTRODUCTORY 

THE typical villein of the manorial period fulfilled three 
sets of obligations : the first, imposed by the custom of the 
manor and enforced by the manorial court, consisted both of 
:he rendering of services and the payment of rents to the lord 
Df the manor ; the second, political in origin, but influenced 
during the feudal period by manorial custom, consisted chiefly 
Df the payment of rents to the king through his local officers, 
<yf to the lord of the manor, who, under the peculiar condi- 
:ions of feudal society, was usually the holder of regalia 
obtained by franchise or usurpation ; and the third, in origin 
ion-manorial like the second, consisted of the payment of 
:ithes and rents to the church. 1 

Of obligations of the first kind, those resulting from 
manorial custom, the services, as distinguished from the rents, 
lad a certain unity, evident to us in spite of the fact that there 
ire several obscure places in their history. Custumals and 
iccounts make it clear that they were, in the main, agricultural 
:n character, and that they were the essential condition upon 
which the system of exploitation by means of the demesne 
•ested. In customary rents, on the other hand, a like unity 
:annot be found. They were not necessarily part of one 
system ; they represent various periods in the development of 
manorial life, and various aspects of villeinage, of the dis- 
abilities and privileges and occupations of the villein. To the 
understanding of some of them a study of the services to which 
they were in a measure complementary is indispensable ; of 
others an explanation must be sought outside of domanial 
arrangements. Their composite character as exponents of 
different aspects of manorial conditions and development is 

* See Vinogradoff, Villainage in England, pp. 288-95, f° r the fullest 
liscussion of rents. 



6 CUSTOMARY RENTS 

due also to the fact that those of the second kind, rents 
originally royal in character, had become, through the frequent 
interposition of the lord as the immediate or ultimate recipient 
of them, in a sense manorialized, and the relation of the villein 
to the king had therefore become inseparable from his relation 
to the lord of the manor. A similar process is probably 
visible in the church rents ; they too were in part manorialized 
in cases where the lord of the manor was also a monastery or 
religious house. Yet although such processes of manorializa 
tion of rents had sometimes gone far, they were not complete ; 
a margin of public responsibility and responsibility to the 
church remained. 

The influence of manorial custom upon church and royal 
rents sometimes blurs the natural lines of division into the 
larger classes, and within the class of customary rents properly 
so called subdivisions are sometimes made uncertain and 
difficult by the disregarding of logical distinctions in manorial 
documents. It may well have happened that even by the 
thirteenth and fourteenth centuries a bailiff or surveyor would 
have found the explanation of the origin and nature of some 
of the older rents difficult ; minute constietudines lingered on, 
often as mere names, to furnish the excuse for the collection 
of trifling rents. Yet in spite of uncertainties of definition, 
several groups of customary rents seem to separate them- 
selves, with more or less distinctness as the case may be, 
corresponding to the chief phases of the villein's condition and 
manner of life ; and among royal and church rents also lines 
of division appear, although less clearly. Among customary 
rents proper may be included all those that had their origin 
in the relation existing between immediate lord and dependant 
in domanial days or in the earlier time, and that were regu- 
lated by custom and not by contract or special arrangement 
between the lord and the individual. This definition excludes 
the rents to which the- term redditas assise is usually applied, 
the fixed rents, of whatever kind, agreed upon by the lord 
and the villein or freeholder for the holding of certain tene- 
ments, whether of assart land, demesne land, or land in the 
fields of the village, rents which, however originating, were 






INTRODUCTORY 7 

regulated not by the custom of the manor but by agreements 
depending upon the nature of the land and the advantage to 
the persons concerned. It should be stated, however, that the 
term redditus assise has sometimes a broader application, and 
in bailiffs' accounts is made to include also some of the 
variable and fluctuating rents, redditus mutabiles, which by 
the custom of the manor were placed ad certum, at a fixed 
annual sum. The desire for certainty regarding annual income, 
a certainty difficult to obtain where the sources of revenue 
were diverse and fluctuating, led to the extension of this 
practice of ' farming ' — the requirement, that is to say, of 
a fixed annual sum or farm instead of an uncertain and 
variable sum — far down into the details of manorial economy. 
Exclusive, then, of rents which were the results of agreement, 
customary rents divide themselves into the following general 
classes, whose limits are not always very clearly marked. In 
one class are the rents best explained as survivals of an early, 
predomanial system of exploitation, by which the lord was 
supported directly by food supplies sent him by his dependent 
villagers, free or unfree in other respects ; a system of purvey- 
ance on the part of the lord, which in the manorial period 
became obscured and in a measure obliterated by the imposi- 
tion of the manor on earlier arrangements. In a second class 
are the rents which were chiefly commutations of occasional 
services, and were hence connected with the domanial system, 
forming the complement of the labour on the demesne. 
Thirdly, the rents paid in connexion with pastoral rights and 
liabilities and the holding of stock, with which may be grouped 
for convenience the rents paid for other holdings, houses, 
special bits of land, and privileges, must be considered ; and, 
fourthly, the condition rents incident to the villein's servile 
status, or to the tenure of land in villeinage. In a fifth group 
are placed a number of miscellaneous payments concerning 
which too little is known to make it possible to classify them. 
In the rents which were not manorial but royal in origin 
a division seems apparent between rents paid originally as 
part of the public imposts and in aid of the necessary expenses 
of the kingdom in the maintenance of defence and the 



8 CUSTOMARY RENTS 

administration of order, and the rents which were more 
directly connected with the holding of courts and judicial 
procedure. The rents to the church fall into still another 
group. 

With regard to the incidence of these rents within the 
manor, the responsibility, that is to say, of various classes of 
tenants for their payment, it is clear from the definition of 
customary rents that the heaviest burden was necessarily 
borne by those tenants that held by a purely customary 
tenure, the typical cnstiimarii, operarii, werkmen, villani, \ 
gavolmanni, or whatever may have been their name in different 
localities, whether of the more numerous class of virgaters | 
and half virgaters, the greater operarii, or the smaller operarii, 
like cottars holding on a labour basis. Questions arise, how- | 
ever, regarding the distribution of manorial rents within even 
this limited group ; some men of the vill were held to the 
payment of rents from which other men of the same vill, in 
other respects with similar obligations, were exempt. An 
evidence of the diversity of custom resulting from conditions 
not clear to us is found in the appearance within the manor 
of lands or tenements to which certain rents and services have 
become attached, so that the name of tenements is taken from 
the services or rents due from them. Thus, for example, 
in Kent are found averlonds, 1 lands from which a special 
service of carting was due ; wallondes? held by the service of 
a certain number of deiwercas in making a wall against the 
sea ; honilonds, cheeselonds, hoplands, saltlands, ma It lands, held 
by the payment of food rents. 3 In Essex were serlonds and 
seracras? held probably by the service of carting manure or 
paying sharpenny \ lodlaud, 5 like averlond or perhaps like 
wallond ; and on Ely manors bindinglond? land held by some 

1 Cott. MSS. Faust. A. i, ff. 54, 60. 

* Registrum Roffense, 628. Cf. Faust. A. i, ff. 52, 55, 182, 185. For the 
wikarii of Glastonbury living in manors with a sea-wall, see Rent, et 
Cust. Michaelis de Ambresbury, pp. 39, 44, 48. 

3 See below, under food rents. 

* Domesday of St. Paul's, pp. lxxvii, 46, 49. 
B D. S. P., pp. lxxvii, 49. 

u Cott. MSS. Claud. C. xi, f. 34. 



INTRODUCTORY 9 

special service of binding grain. The hill lands in Norfolk and 
elsewhere suggest the presence of groups of villeins living 
high up on the downs and holding by services and customs 
on the whole more pastoral in character than the services of 
ordinary villeins, resembling, perhaps, those of the Welsh 
dairy farmers. 1 Not only is it difficult to explain such varia- 
tions in the incidence of rents upon customary tenants, it is 
also difficult to draw the lines around customary tenure. There 
were classes of men within the manor, above and below the 
typical operarii in point of general importance, whose obliga- 
tion was, in the main, the payment of a money rent, corre- 
sponding roughly to the week-work of the ordinary villein, 
but who were bound also to render occasional services and to 
pay some of the rents usually regarded as customary. The 
molmen of the northern and eastern counties and Kent, for 
example, held land by the rendering of certain clearly 
customary services, werkerthes, graserths, sttidewerk, and the 
like, and paid the ordinary condition rents of the villein, but 
they did not perform week-work, and their heaviest duty was 
the payment of a money rent, probably a commutation of the 
week-work, at four terms in the year. 2 With them may be 

1 Claud. C. xi, f. 199 : ' De operariis tenentibus terras que vocantur 
hyllondes.' Cott. MSS. Tiber. B. ii, f. 171. Compare Bleadon Custumal 
(Royal Archaeol. Instit, Mem. Wilts and Salis., pp. 182-210) for moun- 
tain pastures from which herbage was paid ; and S. Mich. Ambres. Rent., 
p. 135 : ' quando animalia sua non possunt ire super montes,' and p. 144 : 
' super montes domini.' For the Welsh dairy farmers see Seebohm, Trib. 
Sys. in Wales, p. 46. 

2 Eng. Hist. Rev., i. 734, ii. 103, 332; Vill. in Eng., pp. 183 sqq. 
Such tenants were classed generally among the consuetudinarii on Ely 
manors and in Kent. In Add. MS. 6159, f. 22, they pay bedrips, hens, 
and unthield; in Claud. C. xi, f. 55, they pay heriot, tallage, relief, ger- 
suma. Ibid., f. 233, they serve as reeves, beadles, or foresters ; f. 247, 
their works are called studewerks. Yet in Ely they are distinguished in 
a measure from the ordinary operarii, and connected rather with the 
censuarii. In Bishop Hatfield's Survey of Durham, p. 175, they are called 
mahnen sive prmarii, and their predecessors appear in Domesday Book 
as firmarii ; on p. 187, they perform some labour services, hold ' avir- 
akres ', and elsewhere in the Survey, e. g. App. p. 21 1 , they pay a money rent 
and are not classed with the bondi but described separately. They pay 
skat, e.g. App. p. 207 : ' de xiii quar. frumenti receptis de li bondis . . . et 
de ij malmannis . . . pro eorum redditu de skat . . . de quolibet bondo 
ii buzs. cumulatis, et de quolibet malmanno 1 buz.' In a late vacancy roll 
of the bishopric of London, Min. Ace. 1140/20, the distinction is made: 



io CUSTOMARY RENTS 



I 



compared the Ely pocarii 1 and the Bury pokearii? who 
are distinguished from ordinary custumarii, or holders in 
lancectagio. Many censaarii, both those that held virgates 
and also those that held little cots and crofts and bords, seem 
to have been in the case of the molmen, and even to land 
which had been very recently assarted from the waste, and to 
tenements of the demesne let for a money rent, tenements 
which occur very commonly in earlier as well as in later manorial 
documents, customary rents were sometimes attached. 3 As 
a general rule, however, it may be said that assart land and 
demesne tenements were held by agreement, and were not 
liable to customary dues. Temporary exemption from 
customary obligations was often, though not always, ex- I 
tended also to tenements of men holding the little desired 
manorial offices, the reeves, beadles, and the like ; and land 
which had in some way become attached to a manorial office, 
passing with it, might be permanently immune, for example 
the revelaiid and aldremanlond of the custumals. 4 A further 
question regarding the incidence of manorial rents arises in 
connexion with the class of men, clearly visible in some docu- 
ments, and called by various names, like anilepimen or under- 
setles, who had no tenements of their own but were in the 

' tarn libere tenencium quam tenencium custumariorum vocatorum mol- 
men.' 

1 Tiber. B. ii. f. 1 17 : ' Apud Pidele sunt quidam pocarii quandoque plus 
quandoque minus de quibus aliquis dat pro terra sua habenda ad faciendum 
ollas et pro veteribus seckellon' duos solidos.' 

Harl. MSS. 3977, f. 38: 'tarn custumarii quam illi qui tenent poke- 
aver.' Compare Harl. MSS. 1005, f. 69, where they are subject to the 
ordinary condition rents of the villein. 

3 See especially D. S. P., 3, 14, 23, 38, 39, l%pass. Claud. C. xi. f. 250, 
pass. ; Faust. A. i, ff. 121, 123, and 125, where the consuetudines de 
hinlondes are firecariae, Romescot, and money rents. The renting of the 
demesne was very common also at Glastonbury, and is mentioned often 
in the early survey of 1 189. One of the articles of inquiry in this survey is 
the amount of demesne land occupied, ' positum foras in libertate vel 
vilenagio,| and the utility to the lord of the land so occupied (p. 21 : 'Et 
si ita luerit domino utilius sicut est vel revocatum '). In one case (p. 121), 
much of the demesne was occupied by tenants and held like half virgates 
by a servile tenure and 'homines dicunt quod utilius est domino sic tenere 
quam si dominus teneret'. And see pp. 23, 82, 105. Sometimes demesne 
land held 'per vilenagium' may be only customary land escheated through 
default of services or tenants. 

* See below, under condition rents. 



INTRODUCTORY n 

' mainpast ' of important villeins or freemen. It is difficult to 
tell whether such men were responsible for manorial rents, 
and if so, whether they paid such rents directly to the bailiff, 
or through the tenant to whom they were attached. 

Royal rents were in the beginning distributed in accordance 
with no manorial tradition, and the test of customary or non- 
customary tenure cannot therefore be applied in determining 
their incidence. They were regulated by extra-manorial con- 
ditions — by the relation of the township or the hundred, that 
is to say, to matters of taxation and defence and the mainten- 
ance of order and justice. The nature of the regulations, 
however, the working of the original principle of assessment 
within the vill or hundred, is difficult to discover, because, 
as has been said, the superimposed manor confused the old 
arrangements of the vill, and by its substitution of the manorial 
lord for the king's officers brought about a certain assimila- 
tion of two kinds of dues quite different in origin. Clearly, 
nevertheless, the important line of division within the manor 
determining the incidence of royal dues was not between men 
of differing status or tenure, but between men that held 
geldable land {terra geldabilis, Jiydatd) and men that held 
land for one reason or another not geldable. The land most 
commonly not geldable was the demesne, and its extent is 
therefore stated usually in the custumals in real acres, and not 
in fractions of hides, the units of assessment. It enjoyed its 
exemption, originally, on the theory that it provided ' for the 
maintenance of knights or clerics who are performing military 
service or religious functions, of which the king and the public 
stand in need \ x The freedom of the demesne from some or 
all of the ' forinsec ' burdens to the king was, however, by no 
means universal in the thirteenth and fourteenth centuries ; the 
custom of different manors varied with regard to it, and the 
lord often enforced participation in rents, especially in the case 
of tenants newly enfeoffed. Notwithstanding, too, the levelling 
process of the years after the Conquest, indications remain of 
the different types of manors of the Domesday period, in 

1 Vinogradoff, English Society in the Eleventh Century, p. 186. See 
pp. 186-96 for the discussion of inland and warland. 



12 CUSTOMARY RENTS 

which the demesne necessarily played different roles. 1 Some 
Ely manors, for example, had no demesne, 2 and there were 
manors of St. Paul's in which the demesne was largely assart 
land, and in which labour services were therefore very light. 3 
Within the warland, or land de ware, the geldable land, which 
was often coincident with the land in service and held at 
a money rent, and which might, as at Ramsey and Ely, be 
geldable to the manorial lord and not to the king direct, the 
assessment of royal dues was also sometimes very irregular. 
Occasionally ' beneficial hidation ' on a small scale is evident, 
small tenements having been put out of hidation ; 4 more often 
parallels to the customary averlonds and serlonds are found 
in the tvardacres and suitlands, and the like, the tenements to 
which royal dues had become attached. The custumals often 
record the responsibility of some individuals within the vill 
and not of others for royal rents, while an Ely custumal shows 
the curious distribution of royal dues among some manors of 
a hundred and not others. Much remains far from clear, how- 
ever, concerning the distribution and assessment of royal 
dues and the relation of townships to royal taxation and 
justice. A similar exemption of the demesne from church 
dues occurs sometimes in manors belonging to monasteries 
and religious houses. 

The best sorts of material for the study of manorial rents 
are the custumals of great groups of church manors and the 
accounts of manorial officers. Of these the custumals are 
more descriptive in character than the account rolls, and con- 
tain sometimes an explanation of the rent, or a clue to its 
meaning, and a statement of the classes and individuals upon 
whom it was incident. They make no attempt at classifica- 
tion. The later custumals often give more rents and more 
details than the earlier, either because the services and rents 
had actually increased in number or weight, or else because 
greater precariousness in the rendering of them to the lord 

1 Eng. Soc. in Elev. Cent., pp. 311 et seq. 
J Claud. C. xi, ff. 82, 86. 

4 c ' S V P "' Pp ' 7 et seq -' 73 et sec l-' 99 et sec I- 
bee, for example, Cranfield, in Ramsey Cartulary, ii. 5, 6, 1 1, 13. 



INTRODUCTORY 13 

had led to stricter definition. Where the custumals contain 
two sets of extents for the same manors dating from different 
periods, or refer to the older and newer assizes, excellent 
possibilities are afforded for the comparison of the weight of 
customary obligations at different times, and for the study of 
the encroachments of the new money system. Ministers' 
accounts are not descriptive, but record, under irregularly 
classified headings, the receipts of rents among the other 
receipts of the bailiff for the given year, and give the total 
amount of the rent received from the manor without details as 
to its incidence on individuals. Such rolls are valuable in 
showing the actual receipt of the rents described in the 
custumals, and give much interesting information regarding 
the general financial status of the manor. Very occasionally 
they record, under the bailiff's yearly expenses, the paying 
over of a royal rent by the bailiff to a royal officer, but usually 
they make few distinctions among manorial, royal, and church 
rents because all were received by the lord in one capacity or 
another. Perhaps the most generally useful and convenient 
of the account rolls for the study of rents are the rolls of the 
king's custodians of churches during vacancies, in which the 
manors of a church are grouped together according to their 
bailiwicks, and the receipts from the manors lying within each 
bailiwick given very briefly. The important restriction of 
certain rents to certain localities is thus made evident. The 
Hundred Rolls also, in so far as they are custumals, although 
omitting the greater number of the rents shown in other docu- 
ments, are useful in showing this localization of rents, while 
with the Quo Warranto Rolls they form the best material for 
the study of the royal dues. Court rolls, of which compara- 
tively few have been examined, contain sometimes interesting 
fines for the non-payment of rents of various kinds. An 
attempt has been made in the following study to cover 
generally the different counties, but the amount of material 
remaining unexamined in which rents may be found is very 
great, and until it has been studied more fully anything 
approaching an exhaustive list, or a correct classification, is 
impossible. A greater knowledge of local conditions, more- 



i 4 CUSTOMARY RENTS 

over, would undoubtedly in many cases help to explain the 
meaning of rents concerning which little has been discovered, 
and their interesting limitation to certain districts. Traces of 
diversity and variation seem to increase in number as the 
material is more closely studied. The present collection of 
rents, while incomplete and leaving much unexplained, may 
perhaps serve as a basis for later additions, and indicate some 
at least of the main divisions of the subject. 



CHAPTER I 

FOOD RENTS 

THE study of customary rents begins best with those that 
point back for their origin to an ancient system of exploita- 
tion which depended, not on agricultural services and the 
cultivation of part of the village set apart as the lord's, but 
on the simpler rendering to the lord of stock and dairy 
products, ale, grain, provender, and other commutation rents 
of early rights of progress and quartering. In Wales there 
are unmistakable traces of such a system lingering into 
historical times. In England the pressure of the manorial 
organization succeeded in large measure in obliterating earlier 
arrangements, yet important food rents and certain other rents 
and services are hardly to be explained otherwise than as 
parts of a past order of things, and while it is true that the 
commutation of most food rents for money indicates that the 
general utility of a system of purveyance was over, yet even 
in this later period old conditions had not entirely disappeared ; 
a gift to the lord's larder was by no means unwelcome, and 
monastic houses depended for their support upon regular 
requisitions of food supplies from certain of their manors. 

In Wales and Scotland there are indications of a double 
system of food rents, of the purveyance rights of princes and 
their households and officers, on one hand — the progresses, or 
dovraeth of the Welsh, and conveth of the Scotch — and, on 
the other, of the gwesta, or later tunc pound of the Welsh, 
the can or coin of the Scotch, the tribute sent to important 
chieftains. 1 Some rude distinction of this kind probably lies 

1 See Trib. Sys. in Wales, especially pp. 154 et seq. ; the Denbigh 
Survey, especially in the communes consuetudines enumerated at the end 
of the description of each commote (ff. 43 et seq., 146 et seq., 200 et seq., 
244 et seq., and Skene, Celtic Scotland, iii. 227 et seq.). 



16 CUSTOMARY RENTS [ch. I 

at the base of the Saxon system also, but has been obscured 
past clear recognition by the processes of manorialization 
which have tended to assimilate rents and duties of various 
origins. The rents and services of the manorial period to 
which an origin may be assigned in older systems of purvey- 
ance, public or private, are those surviving from the o\d feorm, 
royal or monastic, those connected with hunting and the 
requisitions of officers, and the common food rents paid to 
manorial lords. 

The royal feorm retained by the king and not granted away 
to churches belongs in the main to the earlier period, and need 
not be included in a study of the later rents. 1 It still appears 
in Domesday Book as the farm of a day or a night, or a number 
of days or nights, on those among the ancient demesne 
manors in which no geld was paid, 2 and it lingered on almost 
to the days of the Dialogus? and perhaps, in rare cases, 
later still. 4 With it may be connected the requisitions of 
food from counties, which were soon lost in the farm of the 
county, 5 but perhaps formed sometimes the excuse for the 
extortionate demands of grain and stock made by bailiffs and 
royal officers. 

The monastic farms, on the other hand, the firmae or food 
rents paid to monasteries by some of their manors, were a 
very important part of the later manorial economy. In most, 
perhaps in all, great groups of manors belonging to churches 
there was a highly elaborated system according to which 
certain manors sent up in regular rotation once, twice, thrice, 
even seven times a year, a specified supply of food. Thus at 

1 In Birch, Cartularium Saxonicum, No. 273, the well-known Westbury 
gafol, the king retains the farm in his own hands ; elsewhere he grants it 
to churches, e.g. Nos. 241, 350, 535, 551, 622, 705. 

Round, Feudal England, pp. 100-10 ; Vinogradoff, Eng. Soc. in Elev. 
Cent., pp. 326 et seq. 

' Dial. Scac. I. vii : 'Toto igitur regis Willelmi primi tempore per- 
seuerauit hec institutio usque ad tempora regis Henrici filii eius, adeo ut 
viderim ego ipse quosdam-qui victualia statutis temporibus de fundis 
regiis ad curiam deferri viderint.' 

Rot. Hund. i. 291, 380. Cf. i. 146: 'Item dicunt quod dicta villata 
est quoddam amelettum quod vocatur Stopesfeld quod debet ad fultum 
domini Regis \\s. per annum.' 

6 Maitland, Domesday Book and Beyond, p. 169. 



ch.i] FOOD RENTS 17 

Ramsey a fortnightly farm included 12 quarters of ground 
wheat valued at 20s. for the monks and guests, and 2,000 
vokepafini or loaves for the servants, 50 measures of barley 
for ale valued at 32^., 25 measures of malt valued at 24s., 
24 measures of fodder, 10 lb. of cheese, 10 lb. of lard, 2 treiae 
of beans, 2 treiae of butter, bacon, honey, 10 fressings, 14 
lambs, 125 hens, 14 geese, 2,200 eggs, 1,000 herrings. In 
addition, 5 cartloads of hay were sent from certain manors, 
and £4 in money from every manor. 1 An arrangement 
similar in its essential features is described at St. Paul's 2 
and at St. Andrew's, Rochester, 3 and is clearly indicated 
elsewhere. St. Edmund's manors, for example, owed two, 
three, seven farms a year, as the case might be, and a special 
farm called the ' farm of St. Edmund '. 4 Certain services of 
brewing also are described in connexion with the Bury 
farms. 5 The manors of Ely threshed and carried the ' farm 
of St. Etheldreda ', 6 Glastonbury villeins reaped, mowed, and 
threshed ad jirmas Glastonie? On the Worcester manors 
of Hanbury and Stoke in Gloucestershire a money rent, with 
a very ancient name, ferm fultum, was paid at Hokeday, 8 and 

1 Ram. Cart. iii. 160 et seq., 230 et seq. ; i. 65. Compare Chron. Ram., 
pp. 40, 206. 

2 D. S. P., Introduction. s Custumale Roffense, pp. 12, 20, 35. 

4 Harl. MSS. 3977, f. 39: (Heringwelle) ' Firme iii . . . redd' ad quem- 
libet firmam xxxvj. xd. et 'rid. in communi . . . Nota quod villa inveniet 
focale ad quemHbet firmam sed dominus inveniet ad quemlibet firmam 
ccc. bruer' ad pistrinam et villata totum residuum et ad Sanctum Ed- 
mundum cariabit.' Also, ff. 85, 99, 101 : '. . . que vocatur firma Sancti 
Edmundi.' Harl. MSS. 1005, f. 68 : '. . . ad sextam et septimam firmam 
xxvjj. vi'rid.' Also f. 71. 

6 Harl. MSS. 3977, f. 90: 'Item debet semper ad terciam firmam ad 
bracinum vid. Ita quod in uno anno erit semel in bracino et in alio anno 
bis, et cum fuerit in bracino erit quietus de duabus operationibus.' f. 98 : 
' Omnis qui braciat contra Natale debet unum presentum de pane et 
cervisia et de gallinis non consuetudine sed amore.' 

6 Claud. C. xi, f. 50: (Wilburton) '. . . et vocatur firma Sancte Ethel- 
drede'; f. 106: Somersham ; threshing of 24 garbs 'ad firmam Sancte 
Etheldrede '. Vacancy Roll of Ely, P. R. O. Min. Ace, 1 1 Wto : (Somer- 
sham) ' Et de vi.y. ob. q. de opere custumariorum ad blada trituranda 
vocato Audreferme.' 

7 Inquest of 11 89, p. 30: 'et solet falcare metere sumagiare flagellare 
ad firmas Glastonie.' Compare Mich. Ambr. Rent., p. 180. 

8 Worcester Vac. Roll, 1 143/18 : (Hanbury in Salso Marisco) '. . . et de 
xv.r. \\d. ob. de quadam certa consuetudine que vocatur fermfoltum ad 
hokeday.' Again at Stoke, ibid. 



18 CUSTOMARY RENTS [ch.i| 

at Rollesby in Norfolk, belonging to the see of Norwich, a! 
ferm penes} On the Ely manor of Hatfield in Hertfordshire 
a rent of i6d. fultume occurs 2 , and on St. Edmund's manors 
both fermiping and fnltunie? Such monastic farms were not 
due from the tenants primarily, but were chargeable on the 
vill as a whole, and must have been derived in large measure, 
except for some supplementary rents of poultry and the like, 
from the demesne, cultivated by the labour of the villeins. The 
farm system as it appears in later times was then a method of 
exploitation of the manor and dependent on domanial arrange- 
ments, rather than a rent incumbent on customary tenants 
within the vill, and as such it does not fall within this study. 
It seems improbable, however, that for this reason it should be 
severed entirely from preceding conditions. The question of its 
relation to the older feorm remains, and is difficult to answer. 4 
Whether the monastic farms existed in their later elaborate 
form hidden behind the frequent brief descriptions in Domes- 
day Book of lands in dominio, de victu monachorum, de vestitu 
monachornm? the older fosterlands, bedlands, and scrudlands 
of the charters, 6 or whether they were a conscious later 
adaptation and elaboration of simpler beginnings, or even 
a new system formed in some measure on the basis of the 
old food rents, is not clear. A constant and heavy food 
charge like that of later times would probably have had great 

1 Norwich Vac. Roll, 1141/1 (18-20 Edw. II). 

2 Claud. C. xi, f. 159 : 1 virgate of 40 acres ' dat de fultome sexdecim 
denarios equaliter'. Cf. Rot. Hund. i. 146, and Tiber. B. ii, f. 141. 

3 Harl. MSS. 1005, f. 72: ' De redd' terre cum xvu. de fermiping.' 
Harl. MSS. 3977, f. 37 : (Bertone) ' Redditus mutabiles scilicet fultume 
scharsilver average'. Harl. MSS. 1005, f. 69 : (Bertone) repeated. 

4 For the older feorm see Birch, Cart. Sax., Nos. 501, 566,678, 812, 1013, 
and loc. cit. Compare D. B. B., pp. 234 et seq., Vinogradoff, Growth of 
Manor, pp. 129-30, 223 et seq., and the Rectitudines (Schmid, App. III., 
P- 37)> where it is stated that the geneat must ' feormian ' his lord and 
^ive him the gaerswyn ; the gebur must give him food rents, and in certain 
places feorms must be rendered. 

Thus some Ramsey manors owing a fortnightly farm in later times 
appear in Domesday Book as ' de dominio ' manors (D. B. i. 192). Cf. 
i. 65 b, pass. Rot. Hund. ii. 429, land ad vesturam. 

5 For example, Cart. Sax., Nos. 384, 535, 566, 592, 747, 819, 894, 922, 
1045, 1159; and compare 706 : ' let him that is bishop there do his full fostaer 
except from the bedlands of his bishop's hams'; and 705, *738, *I267, 
K. 956. (Those whose authenticity is suspected by Kemble are starred.) 



ch. i] FOOD RENTS 19 

influence in creating the rudiments of the demesne, ' rustic 
work ' for the cultivation of the lord's tribute being in Domes- 
day Book part of the coiisnetudines ftrmae, 1 and the distinction 
between land used to produce the lord's food and lord's land 
being easily lost. 

Other survivals of the old purveyance arrangements are the 
rents and services connected with hunting expeditions, the 
instances of which in later documents are rare, but point 
clearly to heavy and important earlier duties allied to the 
farm. 2 In Wales, in the fourteenth century, such services 
were still rendered. The Denbigh Survey, for example, 
describes the rents paid for the support of hunting parties, 3 
and the Record of Caernarvon mentions the Kilgti Hebogo- 
thion, or food rent for the falconer. 4 The best known refer- 
ences to such services after the Conquest in England are the 
passages in Boldon Book, often quoted, describing the magna 
casa, or hunting-house, built for the bishop, which was sixty 
feet long, sixteen feet wide, and the chapel, which was forty 
feet long and fifteen feet wide. 5 Certain tenants make the 
' service of the forest ', forty days in Founesson, forty days in 
Ruith, and ' feed a horse and dog '. 6 The same services are 
described again in almost the same words in Bishop Hatfield's 
survey of a much later time. 7 Stabilitio Venationis due to 



1 D. B. i. 172 b. Compare Eng. Soc. in Elev. Cent., p. 386. 

2 Compare Cart. Sax., Nos. 366, 395, 413, 416, 443, 450, 488, 489, 540, 
612, 848, and especially 454: ' Ab illis causis quas cum feorme et eafor 
vocitemus tarn a pastu ancipitrorum meorum omnium quam etiam vena- 
torum omnium vel a pastu equorum meorum omnium sive ministrorum 
eorum. Quid plura ab omni ilia incommoditate Aefres et cum feorme nisi 
istis causis quas hie nominamus . . .' 

3 Denbigh Survey, loc. cit. Compare Trib. Sys. in Wales, pp. 1 54 
et seq. 

4 Record of Caernarvon, pp. 39, 49, 213, 214, and 40 : ' et kilgh Heb- 
bogothion videlicet prandium magistro uni' garcioni et uni' falcon' per 
diem et noctem.' Trib. Sys. in Wales, App. p. 116: 8 westwas are in 
the commote. ' Dicunt eciam quod quelibet westwa q' solebat pascere 
dominum cum familia sua quater in anno et weysenteylu venatores cum 
canibus domini falconarios cum avibus per adventus suos quod quidem 
servicium vocatur west' et extenditur per annum ad xxi/z'. vino.' See also 
p. 12. 

5 Boldon Book (D. B. iv), p. 575. See also pp. 566, 576, 577, pass. 

6 Ibid. pp. 571, 572, 575, 578, 580,^. 

7 Bish. Hatf. Surv., pp. 10, 30, 69, 158, 172, 185, 190. 

C % 



20 



CUSTOMARY RENTS [ch. i 



the king is mentioned in Domesday Book. 1 Still other excel 
lent references to hunting services occur in the Winchester 
documents, where, commonly, the bishop's horses and dogs 
and falconers had to be fed, and sometimes also ' the dogs of 
the king which come at the feast of St. James', 2 and this 
compulsory feeding of horses and dogs occurs elsewhere. 3 

In the west, in manors near the Welsh border, hunting 
services were especially important. At Sutton in Warwick- \ 
shire whenever the lord hunted the customary tenants used 
' fugare waulassum et stabulum ' in the chase of wild beasts, 
according to the quantity of their tenement, a whole virgate 
owing two days' service. 4 In a charter to Worcester there is 
reference to the relaxation of a hunting service of two ' seuras ' 
which the lord was accustomed to have from a certain manor, 
and also to freedom from doner eth (Welsh dovraeth) ser- 
vientium, or purveyance rights of the lord's officers. 5 To such 
services as these goes back probably the Gloucester rent, the 
hunteneselver, paid at the heavy rate of Sd. a half virgate, 6 
and possibly, although not at all clearly, the hyndergeld 1 of 
Gloucester and the unthield of Kent. With these rents and 
services should be compared the exactions and extortions of 
foresters, woodwards, and other royal officers, which are 
discussed in connexion with the rents making up the profits 
of counties and hundreds. 

The payment of rents in food to the lord of the manor by 
the customary tenants from their own produce was a common 
obligation, and on church manors owing a farm occurs in 
addition to the farm. Of a recent origin for most of such 
rents there is no evidence ; they were either survivals of the 

1 Cf. Eng. Hist. Rev. xx. 286. 

2 Winch. Pipe Rolls, pp. 3, 6, 14, 17, 22, pass. Compare Hazlitt's 
Blount's Tenures, p. 27 n. The burgesses are to find a man ' ter per annum 
ad stabliamentum, pro venatione capienda, quando episcopus voluerit '. 

3 Econ. Cond. Ram. Man., App. p. II. 

4 Dugdale, Antiq. Warw. ii. 911 : ' Et quotienscunque Dominus ad 
venandum venenerit {sic) isti custumarii solebant fugare Waulassum et 
Stabulum in fugatione ferarum bestiarum secundum quantitatem tenurae 
suae.' Cf. p. 912. 

5 Reg. Wore. Pr., p. 9 b. 

Glouc. Cart. iii. 22, 71, 72, 76. See Vill. in Eng. p. 292, n. I. 
7 See below, under miscellaneous rents. 



ch. i] FOOD RENTS 21 

same ancient system of purveyance as the farm, being in some 
way supplementary to it, and existing along with it, or else 
they represented the remains of the old food rent, side by side 
with which the newer firmae had developed. In general they 
were trifling in amount, and in themselves would not require 
a very full discussion. The universality of their occurrence 
among villein tenants, however, the inclusion of poultry and 
grain rents among customary obligations as a matter of course, 
gives them an importance apart from their intrinsic value, 
and justifies the belief in a connexion between them and 
some ancient, widely prevalent system of purveyance on the 
part of the lord. 

Throughout England there was general similarity in the 
kind and amount of food rents paid, and a common increase 
at certain times in the year, especially at Christmas. The 
most important rents were made in poultry and grain, fish, 
malt or ale, and salt, or the commutation of these into money. 
Payment was made in most cases at three ' terms ', or 
seasons ; poultry at Christmas, eggs at Easter, and grain at 
Martinmas, and the manner of assessment on the villeins was 
not widely different in different parts of England. The rents 
may be studied conveniently in the full custumals of church 
manors. In the west, on manors belonging to the church of 
Gloucester, most villeins gave hens, valued at a penny each, at 
Christmas to their lord. 1 The rate of the payment was a hen 
from each villein, whatever the size of his tenement, and 
where two villeins together held one tenement, two hens were 
paid. 2 The rent was then, in a sense, a capitation payment, 
incumbent on the person, not the tenement. That it was 
ancient is proven by the fact that it is spoken of as part of the 
antiqua tenura of a manor. 3 Censuarii whose labour services 
had been commuted entirely or in part, and small tenants by 
a labour or money rent, sometimes still rendered hens to the 
lord. 4 The Christmas hen at Gloucester, as elsewhere, was 
often regarded as in some way connected with the receipt of 

1 Glouc. Cart. iii. 48, 62, 63, 71, 95, 97, pass. 

2 Ibid. iii. 63, 72. 3 Ibid. 111. 70. 
4 Ibid. iii. 70, 89, pass. 



22 



CUSTOMARY RENTS [ch.i 



1 



wood by the tenant, and was therefore called the woodhen. 1 j 
On manors of Gloucester lying in Hampshire it is difficult to 
distinguish the Christmas hen from the churchscot payment of 
hens and eggs and corn, which was especially heavy in this 
county. 2 In addition to the hen, sometimes in place of it, 
the ordinary villein paid eggs to his lord at Easter, 3 but 
there is no evidence at Gloucester of the necessary agreement 
between the number of eggs and the number of acres held 
which sometimes appears elsewhere. Gloucester corn rents 
are rarely mentioned, except occasional rents of oats, 4 and 
commutation of food rents was evidently unusual. 

For the payment of food rents to the church of Worcester 
there are two excellent sources of information. One of these, 
the Register of the Priory, dating from the middle of the 
thirteenth century, shows that the payment of the Christmas 
hens and Easter eggs was much less common at Worcester 
than at Gloucester. 5 More frequent rents in kind were oats, 
paid at the festival of the Purification in the form of seed 
with which the villein was bound to sow half an acre of the 
lord's demesne ; 6 sheep and lambs paid at Easter, a rent later 
commuted for money ; 7 bread and ale at Christmas, 8 and 
grain paid for churchscot at Martinmas. It should be 
noticed, however, that new assizes had been made recently at 
Worcester, and it seems probable that according to these the 
older food rents had been superseded by money rents, paid as 
an annual lump sum, or firma, commuting certain services 
and most rents ; an inference which is confirmed by the 



1 Glouc. Cart. iii. 95, 96, and especially 71 : ' Et dabit unam gallinam ad 
Natale Domini pretio unius denarii et propter illam gallinam consue- 
verunt habere de bosco domini Regis unam summam bosci quae vocatur 
dayesem ' ; and 95 : ' Et dabit unam gallinam quae vocatur Wodehen et 
valet unum denarium.' For a similar hen, called ' Rushhen ', Mr. Gray 
has kindly given me the following reference: ' Misc. B. Treas. of Receipt 
163, f. in : Customs of Aldeburgh, Suff. Cottagers keeping a fire pay 
a " russhe henne or ells 2d. which is for the russhes that thei gather upon 
the lord's common mer".' 

2 Ibid. iii. 39, 40, 43 ; and see below, under church rents. 

3 Ibid. iii. 90, 91, 191, pass. * Ibid. iii. 170. 

5 Reg. Wore. Pr., pp. 32 b, 33 b, 44 a, 81 b, Introd. lxiv. 

6 Ibid. pp. 10 b, 14 b, 19 a, 33 b, 51b, 102 a, pass. 

7 Ibid. p. 10 b. 8 Ibid. p. 34 a. 



ch.i] FOOD RENTS 23 

examination of the second and earlier source of information 
for Worcester mentioned above, the roll of the manors of the 
church during a vacancy in the very beginning of the century. 1 
In this roll there is frequent reference to hens and eggs de 
redditu which have been sold and have brought in money 
returns. At Abingdon 2 and Barking 3 the Easter eggs were 
commuted for eysilver, an unusual rent. 

In the account rolls of Winchester hens are accounted for 
by bailiffs among the receipts of the manor, 4 and still other 
hens are entered on the rolls as churchscot hens. 6 The rolls 
mention also the semen villanorum, or seed for sowing the 
demesne, 6 the gavelseed of other localities, and the Bleadon 
Custumal mentions cotsetlescom and veremecorn? 

In all the manors of St. Paul's food rents were collected, 
except in Kenesworth, Hertfordshire, Norton, Essex, and 
Drayton, Middlesex, which were largely assart lands, and 
exploited not by the services of the antiqua tenura but by 
the rendering of money and boon labour. 8 All other manors 
paid some food rent to the firmarins. In most cases the rent 
took the form of hens and eggs, with the occasional addition 
of gavelseed, the seed for sowing the demesne, 9 fodder corn, 
mallards, and capons. 10 In Adulvesnasa, Essex, there was an 
interesting payment of two dodds of oats made from every 
house of the hidarii in the middle of March, and ad mescingam 
fourteen loaves. 11 In the introduction to the Domesday of 
St. Paul's the editor defines mescinga as the same word as 
metsnng, food or meat, stating also that it occurs in the un- 
printed extents of 1279 as messing silver, evidently a com- 

1 Vac. Roll, 1143/18: (30-31 Edw. I) '. . . Et de xv^. de D. ovis de 
redditu venditis ad pascham. . . . Et de ixs. iijd. qu. de lxxiiij gallinis et 
quarta parte i. galline de redditu ad Nathale venditis.' 

2 Abing. Ace, App. p. 145: 'to the kitchener for eys[ilver] i6d.' 
See p. 159. 

3 Dugdale's Monasticon Anglicanum, i. 444 : ' Sche must pay to 
xxxvij ladyes of the covent for their eysylver . . . and then must sche pay 
to the priorie . . . xxxij egges or elles ij d. ob. q.' 

4 Winch. Pipe Rolls, pp. 20, 23, 63, 76, 81, pass. 

5 Ibid. pp. 23, 62, 81, pass. 6 Ibid. p. 69, pass. 

7 Blead. Cust., pp. 191, 196. 

8 D. S. P., pp. 7 et seq., 73 et seq., 99 et seq. 9 Ibid. p. 33 ; cf. p. 6. 

10 Ibid. pp. 6, 47, 83, and Introd. p. lxix. 

11 Ibid. pp. 43, 47. 



24 CUSTOMARY RENTS [ch.ii 

muted payment, or metegafol, the older form of the word in 
the Rectitudines} In most manors the hens and eggs were 
due from tenements that show some signs of antiquity, from 
the regular tenements of servile labourers, virgaters, hydarii, 
or smaller operarii, or from assart of the demesne or other land 
held by antiqua tcnura, and not from the tenements which 
are often described as assarted and which were held by a 
purely money tenure. In most cases one hen was rendered 
from each house at Christmas, but occasionally on some 
manors two hens. Once it is stated that every house in the 
vill owes a hen at Christmas. 2 The number of eggs, on the 
other hand, depended on the size of the tenement, the rate 
when stated being, with one or two trifling exceptions, one 
egg to one acre, and the half virgate being considered for 
this purpose usually as fifteen acres paying fifteen eggs, the 
virgate as thirty acres paying thirty eggs. Once or twice the 
number of eggs is not mentioned, but is left ' ad libitum 
tenentium et ad honorem domini '. 3 It may probably be 
taken as a general rule that on St. Paul's manors every acre 
of land, not newly assarted, paid an egg at Easter. As has 
been seen, this statement is not necessarily true in other great 
groups of manors. 

Good examples of food rents are found also in the manors 
of the fen district. To the Abbot of Peterborough hens were 
usually paid at Christmas and eggs at Easter. As in the 
case of the other rents mentioned in the Black Book, the total 
number paid by the vill is given and not the number due 
from each villein ; 4 either the compiler of the record added 
together the sums from the vills for his own convenience in 
statement, or else it was usual for the villate to make certain 
payments in common. The villagers gave also, in addition 
to the hens, eggs, measures of oats, and loaves of bread, in 



1 D. S. P., Introd., p. lxxvi. 

2 Ibid. p. 143 : ' et quelibet domus totius ville debet gallinam ad 
Nathale et ad Pascha ova. 1 

! Ibid. p. 51. See also p. 48 : ' Et ad pascha ova ad honorem domini.' 
4 Chron. Petrob., pp. 157, 158, 159, 160, and 161 : 'In Pihtesle . . . 

omnes villani reddunt xxxij gallinas ad Nativitatem. Et pleni villani 

reddunt xx ova dimidii x ova et cotsete v ad Pascha.' 






ch.i] FOOD RENTS 25 

return sometimes for dead wood, 1 and sowed the land of the 
demesne with their own seed. 2 Few records of Thorney have 
been found, but from the full custumals in the Hundred 
Rolls it is clear that several hens were commonly paid by 
a villein at Christmas. 3 The records of Ramsey food rents 
from approximately the same locality are, on the other hand, 
numerous and interesting. Hens at Christmas and eggs at 
Easter were almost universally paid, both in the twelfth and 
i thirteenth centuries. The rate was usually one hen from 
J each villein, and a varying number of eggs ; 4 but more than 
one hen was sometimes paid by a tenant, 5 and the number of 
eggs and the acreage of the tenement sometimes agreed. 6 
A connexion between the Christmas hen and wood received 
by the tenant is made, as in the case of the Gloucester wood- 
hen, the virgater taking ' thorns ' from the abbot's wood in 
return for a hen, or giving two hens for wodegonge? Other 
Ramsey rents in kind were benesed* or seed for sowing the 
demesne, a ring of oats for fodder corn at Christmas or in 
Lent, 9 and a corn bote. 10 Ely food rents too were heavy. In 
the vacancy rolls of Edward I's reign 11 there are usually 
recorded large receipts from hens belonging to the Christmas 
rent which have been sold, and from eggs belonging to the 
Easter rent. A commuted foddercom is very common. An 
extent roll of 1319 12 shows the virgaters at Swaffham 



1 Chron. Petrob., pp. 160, 161, 162, 163, 165, and 159 : 'Et omnes isti 
reddunt per annum xxij sceppas avene pro mortuo bosco et xxij panes.' 

2 Ibid. pp. 160, 161, 165. 

3 Rot. Hund. ii. 642, 643,644, 645. 

4 Ram. Cart. iii. 243 : A virgater gave a hen at Christmas and earned 
eggs 'sine numero ' at Easter. See i. 44, 287, 335, 345. 3 8 4 ; m - 2 53> 
271, 281, -ip^pass. For the egg rent see especially 1. 489 : ' Colhgenda 
sunt ova ad opus domini de domo in domum ad voluntatem dantis ut 
vituli sui possunt ablactari communiter in blado totius villatae.' The 
miller also collected eggs : i. 489. 

i. 356, 369 ; cottars gave four hens one year, five the next. 

i. 322. 

i. 56, 58, 299, 302. 

i. 287, 394, 399, 461 ; "• 24. 
.. i. 287, 300, 345, 3S7»pass. 
10 Rot. Hund. ii. 630. u Vac. Roll, 1 132/10. 

12 In the muniment room of Ely cathedral, describing eight manors. 



5 Ibid. 

6 Ibid. 

7 Ibid. 

8 Ibid. 

9 Ibid, 



26 CUSTOMARY RENTS [ch.i 

and Wratting paying one hen each at Christmas and twenty 
eggs at Easter, and at Somersham there is mention of a rent 
in money from a commuted woodhen called heymvodeselver 
or heggingwoodsilver} The Hundred Rolls record Ely food 
rents of hens,* eggs, and a combote at Michaelmas of a sheaf of 
winter wheat and a sheaf of spring wheat, 2 while in the 
custumals of the manors of the bishopric the food rents from 
the manors in the Isle of Ely, and from manors in outlying 
counties are described still more fully. The usual rate of the 
poultry rent was a hen or two hens at Christmas and ten eggs 
at Easter from the plena terra of the typical operarius? and 
sometimes half as many eggs were paid as acres contained in 
the tenement, 4 while sometimes there is no relation between 
the two numbers. 5 Molmen, operarii, and cottars all gave the 
poultry rent, and the hen is called Woodhen 6 and connected 
with the villein's wodericht de snbbosco? An interesting dis- 
tinction is drawn in the description of Hecham, Suffolk, 
between the hens paid by operarii in full standing, for which 
wodericht was received, and the hens of the ' newly enfeoffed ' 
and the undersetli, who received no wodericht in return. 8 
Important grain rents, too, are described in the custumals :— 
the fodder com of six bushels of oats paid at the sowing 
time, or commuted for a rent of $d. or 6d. which was due at 
Easter time, and if not paid promptly was, in one manor 
at least, doubled, 9 the combote or sheaf of the best wheat 

1 Vac. Roll, 1 132/10: <Et de xxvi*. xd. ob. de opere de Wodehenes 
affirmato term-no Nativitatis Sancti Iohannis Baptiste vocato Heynwode- 
silver.' 

2 Rot. Hund. ii. 543, 605. 

3 Claud. C. xi, ff. 283, 290, pass. 

4 Ibid. ff. 152, 169. 

5 Ibid. ff. 171, 217, pass. 

6 Ibid. f. 69, Tiber. B. ii, f. 98. 

Claud. C. xi, f. 169 : ' Et sciendum quod iste et omnes alii custumarii 
et censuarii qui dant gallinas debent habere Wodericht de subbosco.' 

Ibid. f. 290: 'Item sciendum quod unusquisque consuetudinarius et 
operarius qui dederit gallinam domino de annuo redditu habebit tria 
fassicula parva de subbosco'per visum et liberacionem ballivi quolibet anno 
contra Natale exceptis omnibus illis de novo feoffatis qui gallinas dederint 
et capones et exceptis similiter omnibus undersetlis.' 

Ibid. f. 285 : ' Fodercorn die Clausi Pasche \\\d. et nisi illo die solventur 
tunc in crastino dupplicabuntur.' See also ff. 220, 263, 272, 292, 304, and 
liber. B. ii, ff. 174, 176. 



ch.i] FOOD RENTS 27 

paid to the lord, 1 the candelcom? and the sedbede 7, and 
meifoorn* 

In other manors in East Anglia food rents were common. 
A vacancy roll of Norwich in Edward II's reign mentions 
Christmas hens and Easter eggs, hedercorn, and other food 
rents ; 5 tolkorn occurs in Essex, and Bury villeins paid a corn- 
bote of $s., which in other cases appears as a carting service 
of corn performed by free and unfree in possession of beasts 
of burden, due at Martinmas or at the summons of the bailiff. 7 
One curious statement seems to suggest a connexion of some 
kind between a 'foddercorn of the Abbot of St. Edmund's' 
and the hundred, as if the foddercorn were an old hundredal 
rendering of provender which has passed over into the abbot's 
hands. 8 

In Kent hens and eggs are recorded on the lands of 
St. Augustine, where the Christmas hen is called the wodevoel? 
and Christ Church, and on the Kentish manor of Wye 
belonging to Battle, where some interesting details are given 
concerning the collection of the rent by the serviens of the 
lord. The serviens went once at each season to collect three 



1 Claud. C. xi, f. 200 : ' Dabit unam garbam melioris bladi quam 
habuerit de cornbote ex consuetudine et illam portabit ad curiam domini 
die S. Thome Apostoli quolibet anno scilicet quando curia communis erit 
apud Brunesgreve pro renovatione plegiorum.' Compare Vac. Roll, 
1 132/10, Tripplehowe. 

2 Vac. Roll, 1132/10: '(Brigham) Cum v\d. . . . pro candelcorn, at All 

3 Claud. C. xi, f. 176. 4 Ibid. f. 178. 

5 Vac. Roll, 1141/1. For Essex see Cust. of 1298, Essex Archaeol. 
Trans. N. S. 109. 

6 Mon. Angl. iv. yj (Extent, 18 Edw. II) 'vi quart' Tolkorn'. 

7 Harl. MSS. 3977, f. 82 : ' Notandum quod omnes liberi et non liberi 
portabunt quolibet anno in vigilia S. Michaelis qui averia habeant per 
quendam consuetudinem que vocatur cornbote. Qui autem non habent 
averia non portabunt.' See ff. 91, 98. 

8 Ibid. f. 44 : ' Foddercorn Abbatis S. Edmundi ' : measures and sum 
from each hundred are given ; also the names of the men paying it, and 
the amounts in some vills. Compare Harl. MSS. 1005, f. 83. 

9 Faust. A. i, f. 123: ' Et debent unam gallinam tercia die Natalis 
Domini et serviens domini queret illam quam vocant Wedevole quia 
debent habere brueram ad focum.' And f. 124: 'solvit ... ad Natale 
Domini gallinam quod [sic] vocatur Wdehenne quia clamant habere 
boscum ad ignem suum.' Compare Vac. Roll, II28/4; Harl. MSS. 1006, 
f. xiiii ; Add. MSS. 6159, f. 22. 



28 CUSTOMARY RENTS [ch 



, 



hens at Christmas and twenty eggs at Easter from each yoke 
of land. If the rent were not forthcoming on these occasions 
it had to be carried to the curia by the tenants within twelve 
days. If, however, at the end of twelve days it was still 
unpaid, the tenants made agreement regarding the hens, and 
were in mercy i\d} Large numbers of hens and eggs were 
paid to Rochester as part of the Exemiium Sancti Andreae? 
Gadercorn was paid on manors belonging to Christ Church 
from land in gavelkind. 3 A Rochester cornbote was curiously 
connected with trespass of pasture ; if between Martinmas 
and the feast of St. John the messor impounded any animal 
taken in the lord's corn, he received a loaf of bread from the 
owner of the animal. If the animal were impounded between 
the feast of St. John and Michaelmas, however, a cornbote 
was given for all damage done. 4 

In the north of England food rents were common, but were 
very often commuted for money. At Hexham Priory hens 
were paid at Christmas by terrae husbond 1 and cotagia? The 
Burton Chartulary mentions the payment of two hens at 
Christmas and twenty eggs at Easter among the ' ancient 
customs'. 6 On the manors of Durham the rent hens and 
rent eggs which are mentioned were probably paid as fixed 
rents (redditus assise) for the holdings. 7 More clearly ancient 
were other rents of hens occasionally described 8 and the grain 
rents on which the chief stress of the surveys falls. Bond and 
molmen both paid the lord scat rents of grain of various 
kinds, or the commutation of the rent called scat penys, scat 

1 Battle Abbey Custumal, p. 127. Compare p. 118 et seq. 

2 Cust. Roff., pp. 2, 3, 4 ; Reg. Roff., p. 133. Compare Exennium 
Archiepiscopi, Add. MSS. 6159, ff. 30, 32, 55, 56, 174. 

3 Add. MSS. 6159, f. 26. 

4 Cust. Roff., p. 1 1 : ' . . . detur cornbote de omnibus dampnis, sicut jurare 
voluerit secundum consuetudinem. Et si forte animal veniat ad transitum 
Domini in campo, per visum emendetur.' 

B Hexham Priory (Sur. Soc), ii. 4, 10, pass. 

6 Burton Chartulary, p. 85; 

7 Durham Halmote Rolls, pp. 184, 217, 219, 221, 224, 225, 241, 243. 
Compare maltlands, hoplands, cheeselands, and the like. See Rot. 
Hund. ii. 605, 747; Batt. Abb. Cust., pp. 33, 95, 155 ; Oxford Studies, 
i. 161, n. 

8 Bold. Book, pp. 566, 567, pass. 



ch. i] FOOD RENTS 29 

being used as a general term for tributary rent. 1 The rents 
most often described in Boldon Book and Bishop Hatfield's 
Survey are bushels of scat, probably scat frumentum, of scat 
avena, and of braseum, paid by antiqui bondi, later put at 
a penyferm? Occasionally a scat malt is mentioned, and 
maltpenys, a commutation of it, both of which were included 
in the scat penysf a general name for commuted grain rents. 4 
In the Durham Halmote Rolls Saint gelicom and gellicorn 
occur frequently, and also avermalt, court haver, court otcs, 
and scate haver? With the court haver may be compared 
the avermalth of Boldon Book, which was probably malt 
carried to the hall. 6 The vacancy rolls of Durham record the 
receipt of eggs at Easter, and of grain rents commuted into 
money, dodcorn, scatfariua, and the like, 7 and in a vacancy 
roll of York hens ' de consuetudine ' at Christmas, or ' de lak ', 
are frequently mentioned. 8 Almessecorn occurs in a late 
document. 9 

The evidence from other church lands and from lay lands 
indicates in general poultry and grain rents similar to those 
already described. In the Hundred Rolls statements regard- 
ing the payment of hens and eggs and other rents in kind are 
fairly common. It should be noticed that in almost all these 

1 Feod. Dun. 32^: 'illud antiquum servitium quod antiquitus vocabatur 
scat.' Bish. Hatf. Surv., 17 : 'red' de frumento, braseo, et avena de scat 
sicut bondi . . .,' pp. 21, 102, 128, 133, 145, I57« 

2 Ibid. p. 28. 

3 Ibid. pp. 145, 150, 157, 128: 'et pro scatpenys et averpenys . . . et 
pro scatpeyns vocatos {sic) per tenentes maltpenys l$d. et ad festum 
Purificationis B. Mariae 6 buz. avenarum de scat.' 

4 Ibid. pp. 99, 128, 133, 145, 15°, I 86 - ' . .,. 

5 D. H. R., p. 129 : '. . . Pro una thrava avenae vocata Saintgilicorn 
detenta . . . 12 d. 7 See pp. 159, 221, 241, 243. 

6 Bold. Bk., pp. 585, 586. 

7 Vac. Roll, 1144/17 : ' . . . et de lix*. w\\]d. q. de xi mill, dccccxlv ovis 
de redditu ad Pascha venditis ; ' and 1 148/18 : ' . . . et de lxiij//. ij s. vhjd. q. 



XX. 



• • • 1 J 

de lxxij qu. ij bu. di. frumenti iiij. xvj qu. ordei et cc. v qu. ij bu. avene de 
quodam redditu ibidem vocato Dodcor[n] ad predictum terminum 



XX. 



S. Michaelis . . . et de iiij. vij/z. vjs. i\jd. ob. q. de consuetudmibus vocatis 
scatpeny maltpeny scatfarina scat braseo scat avena et openbus diversorum 
tenendum . . . arrentatis.' 

8 Vac. Roll, 1144/1 : ' . . . de gallinis de lak' . . . venditis.' 

9 Mon. Angl. vii. 870. 



3° 



CUSTOMARY RENTS [ch. I 



cases the poultry rents are uncommuted, while the grain rents 
in the east and north have often taken on a financial form, 
and also that the customary rent of hens is almost always 
fixed at one from each villein, whereas the rent of eggs may 
or may not be determined by the acreage of the tenement. 

The Christmas rents to the lord of the manor were some- 
times, as has been stated, connected with the villein's wodericht, 
wood and estover rights, but elsewhere they seem to have 
formed part of a larger rent, of a Christmas gift, exenmum, 
loc, or lok, or lak, very commonly made to the lord, which 
looks like an old custom, possibly a survival of the winterfeorm 
of the Rectitudines. Christmas rents were not confined to 
England. The Christmas hens appear in Wales, 1 and also in 
Scotland and the north of England, where they were called 
cain fowls or reek hens, one being paid from every house that 
' reeked ', and the payment being called canage and connected 
with a feast. 2 Thus in the Lancashire manor of Ashton- 
under-Lyne, among the services of tenants holding at the 
lord's will is regularly included a Yole or Yule present to the 
lord ' for the sake of partaking in the annual feast of the great 
hall '. The present was paid, ' as it is written and set in the 
rental,' in fowls, cheese, or oats, which were named cane 
fowls, cane cheese, or cane oats, the word cane signifying 
head, 'and the lord shall feed all his said tenants and their 
wives, upon Yoleday, at the dinner, if they like for to come.' 
The lord is ' not bounden to feed all that come ', however, but 
'only the goodman and the goodwife'. 3 Durham records 

1 Denbigh Survey, ff. 204, 282, 283. 

2 Innes, Scotch Legal Antiq., pp. 204-5: 'You will sometimes find, 
especially in church grants, as pertinents, can and conveth. Tithes are 
granted by some of our ancient kings de cano meo, that is, from customs 
or rents paid in kind. We have the word still in cain : the cain fowls of 
a barony are quite well understood. Cain fowls are sometimes called 
reek hens — one payable from every house that reeked— every fire house. . . 
Conveth seems to have been a due collected by a lord from his vassals, 
perhaps on the occasion of journeys. Malcolm IV granted to the canons 
of Scone from every plough .-. . for their conveth at the feast of All Saints,' 
a cow and two swine, meal, oats, hens, eggs, candles, soap, and cheese. 
See Denton, England in the Fifteenth Century, p. 231 ».; Skene, Celtic 
Scotland, iii. 227 sqq., and above, p. 15. 

1 Hibbert, Cust. of Manor in North of Eng., p. 45 and App. Compare 
below, Whitsunalcs. 



CH.i] FOOD RENTS 31 

describe a ' Yulewayting',a rent paid at Christmas, connected 
either with some service of watching or, more probably, derived 
from waytinga, an old Scotch form of conveth. 1 Geresgive 
occurs in the records of Burton manors, 2 and again in the 
account rolls of Barton Regis near Bristol as a gift made at 
Circumcision, 3 with which should be compared the gevesilver 
of Worcester, 4 and the Netvyeresgive of St. Edmund's, 5 and 
perhaps as a rent paid at Michaelmas, the heavy Michilmetk 
of Boldon Book, which occurs usually with yolwayting.* 

Another form of the same Christmas custom was the rent 
ad lok y or later loksilver, common in Huntingdonshire, Cam- 
bridgeshire, Lincolnshire, and elsewhere. At Washingley 
in Huntingdonshire the lord received from his customary 
tenant at Christmas one cock, five hens, two loaves valued at 
4d. each, and ' on the day on which the tenant carries this lok 
he shall dine with the lord, he, his wife, and his family '. 7 At 
Fleet in Lincolnshire the food so received was called look-mete.* 
The almost enforced feasting reminds one of the analogous 

1 Bish. Hatf. Surv., p. 18: 'Iidem bondi solvunt pro Yollwayting ad 
festum Nativitatis 6s.' See pp. 22, $s. paid for Yholwayting, 28, et pass.; 
Bold. Bk., pass. ; Skene, Celtic Scotland, iii. 227, et seq. 

2 Burt. Ch., p. 66 : ' . . . 20s. for geresgive on Christmas Day.' Compare 
Liber Albus, 130; Liber Cust., pp. 32, 249, 266; Madox, Excheq., 1504. 
Mrs. Green, Town Life, i, pp. 206-7, says that it was taken by the sheriff 
to remind him to come, and was collected by scotale if money were short. 
Hampson, Kal. Med. Aevi, gives much curious information regarding 
Christmas presents and presents on January first {dies strenarum), con- 
necting them with the Roman Saturnalia. He describes also the analogous 
Scotch custom of presenting the ' sweetieskon'. 

3 Min. Ace. 850/9-10 '. . . et de ciiijj. \xd. de quadam consuetudine 
vocata geresgive ad festum circumcisionis Domini.' 

4 Wore. Vac. Roll, 1 143/18 : ' et de \xs. x'\d. de certa consuetudine que 
vocatur yevesilver ad festum S. Mich.' For the form compare Harl. 
MSS. 1006, f. lx, ' yevewerkes, scilicet de dono.' 

5 Harl. MSS. 3977, f. 95 : a tenant by ancient enfeoffment '. . . debet dare 
ad consuetudinem illam que vocatur newyeresgive vij</. et ob. sed con- 
tradicit.' Compare Harl. MSS. 1005, f. 71. 

6 Bold. Bk., pp. 585, 586; Bish. Hatf. Survey, pp. 18, 22, 28. 

7 Rot. Hund. ii. 635. See also ibid., p. 655, where sokam is wrongly put 
tor lokam, and York Vac. Roll, 1 144/1, 'de . . . gallinis de lak ; ' Claud. C. xi, 
f. 66, ' et de loc ad festum S. Iohannis ; ' Tiber. B. ii, f. 191 b. ; and Reg. 
Wore. Pr. 66 a, ' portabit lacs.' 

8 Add. MSS. 35169: 'dabit ij gallinas ad looke ad Natale et habebit 
cibum suum qui vocatur lookmetej'/wx.; Claud. C.xi,f. 128 : a Cambridge- 
shire tenant of Ely when he guarded the fold received wool, a marking 
lamb, ' et unam rodam frumenti que vocatur lokrode.' 



32 CUSTOMARY RENTS [ch.i| 

custom of the scotale. 1 Where the food rent had been com 
muted into money the payment was called loksilver. 2 The 
word lok is evidently from the Anglo-Saxon lac, a gift, and 
the Latin form is presentum or exennium. In the descriptions 
of Oxfordshire manors in the Hundred Rolls the custom of 
receiving a meal from the lord in return for a ' present ' to 
.him, or giving him a 'present' in return for a meal is very 
common, but it is called simply a Christmas exennium, or 
presentum, or donum. Thus a tenant gave an exennium at 
Christmas of six loaves valued at 3d. each, beer, four hens, two 
cocks. He came to a meal with the lord in return for the 
aforesaid exennium? At Rochester a large exennium St. A ndree \ 
supplemented the farm. 4 An exennium Arc/iiepiscopi was paid 
at Christ Church, 5 and le present was commonly paid on the 
lands of the Templars. 6 At Glastonbury the donum, which 
in the later extent is described as de dono ad lardarium or the 
rent ad lardarium, 1 a payment occurring also on lay manors 
in Wiltshire, 8 and in the form lardresilver at Lewes, 9 is so 
common and so large that it looks as if it might be a general 
commutation of most of the food rents. Except the churchscot 
hens and grain, and a pasture lamb, there are few food rents 
noted at Glastonbury, possibly because they had been com- 
muted there for this large money rent ad lardarium, assessed 
according to the size of the tenement, just as all Glastonbury 
labour services were often commuted for the gabulum. The 

1 See below, under administrative rents. 

2 Rot. Hund. ii. 642 : ' Idem W. dat vii denarios ad loksilver, scilicet 
pro ii denar' panis et v gallinis.' See also ibid. pp. 643, 644. 

1 Rot. Hund. ii. 781. Compare ibid. pp. 728, 772, 785, 787, 788, 817. 

4 Reg. Roff., pp. 6, 133, and Cust. Roff., pp. 2, 3, 4, 35. 

» Add. MSS. 6159, ff. 30, 32, 55. 56, 174. 
Mon. Angl. vii. 826. Cf. iv. 9, Lewes, in a twelfth-cent, document; 
' et unum present, valens vid.' Compare Reg. Wore. Pr., p. 34 a, and n. 
p. lxvi ; Abing. Ace, p. 6 : ' de dono yemali viii/z.' ; and p. 61, App. pp. 143, 
145; and Harl. MSS. 3977, f. 39: ' De presento ad Natale quando 
dominus ibi non venerit dim. marcam nova consuetudine.' 

7 Mich. Ambres. Rent., pp. 8, 10, 36, 48, 57, 7$, pass.; Inqu. 1189, 
PP'.. 2 .3i 39) 72,75>fi ass - and 33 : ' Totum manerium reddit de dono exxiiij. 
ct tind. sicut homines ville illud statuunt.' 

8 Hazlitt's Blount's Tenures, p. 33. 

9 Mon. Angl. iv. 32 (Hen. VIII), 'Redd. Cust.: vocata Lardresilver.' 
Cf. vi. 306, Hants. 



Jch.i] FOOD RENTS 33 

villein of Bleadon and of Glastonbury received a ghestum at 
Christmas, a word probably derived from the common Welsh 
' gwestwa '.* A curious custom is recorded in Tynemouth in 
Yorkshire, whereby all men of the priory, horses, dogs, and 
servants, went to Whitley, near by, and received from the 
lord a feast, conveyes or conyeyes? Another custom paid at 
Tynemouth was the Welcom Abbatis. At the coming of 
a newly installed abbot of St. Albans to Tynemouth, which 
was a cell of St. Albans, the fifteen tenants whose services 
are recorded paid forty shillings sterling called Welcom 
Abbatis? 

Certain food rents which were more or less uniformly com- 
muted for money may be conveniently grouped together. 
The fishfee, fishsilver, heringsilver ■, or heringlode, was one of 
the most common customary rents, made to the lord of the 
manor in commutation of the service of presenting him with 
fish for the Lenten fast, or in order that he might buy fish for 
this purpose (ad pisces emendos). The rent was paid usually 
at the beginning of Lent. On the manors of Worcester it 
was very common, being paid almost universally by the more 
important customary tenants, but not by cottars, especially 
under the old assize, and was sometimes retained under the 
new assize also as a sort of recognition payment from the 
villeins, together with merchet, or more occasionally included 
in the lump sum of money rent paid in commutation of many 
of the older customs. 4 The usual rate was $\d. a virgate. It 
is frequently mentioned in the account roll of Worcester 
dating from Edward I's reign, where the payment is usually 

1 Blead. Cust., p. 208 : ' Bercator . . . habebit gestum Natalis Domini.' 
Mich. Ambres. Rent., p. 83 : ' et debet habere ghestum suum ad Natale 
in curia domini, ipse et uxor sua, scilicet ij albos panes, et ij fercula carnis, 
et cervisiam sufficientem et honorifice et clera {sic ed.—corr. clare ?). Et 
debet portare secum discum et cifum et mappam.' See also pp. 93, 
126, pass. 

2 Mon. Angl. iii. 318 : ' Modus faciendi le Conveyes apud Whiteleye . . . 
servitium quod dicitur le conyeyes.' The word is probably a form of 
conveth (Celt.). 

3 Mon. Angl. iii. 319, from a rental : ' Et in adventu primo novi abbatis 
S. Albani ad Tynemuth dabunt xv tenentes xb\ sterling' vocatos Welcom 
Abbatis, .' Compare the shirreveswelcome and saddlesilver. 

4 Reg. Wore. Pr., pp. 15 b, 19, 25, 43, 61 b, 65 b, 66 b, 69, 102. 

C. R. D 



34 



CUSTOMARY RENTS [ch.i 



recorded on Ash Wednesday. 1 At Thorney the rent wa 
called fishpene and was paid on Ash Wednesday or on th 
first Sunday in Lent, usually at the rate of a penny a virgate. 
On Ramsey manors it was almost universal, occurring asjisk 
silver, phishesilver, haringsilver , money ad allec, ad pisce, 
emendos, and it is one of the few rents recorded in the extents 
of the middle of the twelfth as well as in those of the 
middle of the thirteenth century. The rate was usually the 
same in both series of extents, varying a little from manor to 
manor, from a halfpenny to two pence. 3 Sometimes the 
amount due from a whole vill or from the operarii of a vill is 
recorded in a lump sum, 4 but there is no evidence of the 
incidence of the rent on any class of tenants except the villeins. 
In Wistowe, a Huntingdonshire manor of Ramsey, a villein's 
turn to pay came sometimes once in two years, sometimes 
once in three. 5 The rent was due usually in Lent, once at 
Easter, 6 once in the form of harengsilver at Christmas. 7 In 
the vacancy rolls and custumals of Ely, heringlode and hering- 
silver are recorded on the lands of the church in Norfolk and 
Suffolk. 8 At Hartest in Suffolk it was paid on St. Andrew's 
day. It was paid also on St. Edmund's manors. 9 There is 
one instance of a payment in commutation of a carting of 
fish on the lands of Burton. 10 It was much less common in 
the manors of Gloucester, Peterborough, Abingdon, Battle, 
and St. Paul's, and the Kentish monasteries, A payment 

1 Wore. Vac. Roll, 1 143/18 (Bybure) : ' Et de iiiji 1 . xd. ob. de quadam 
certa consuetudine que vocatur Fyshfee ad festum S. Iohannis Baptiste . . . 
(Northvvyk) : Et de xvjd. ob. de certa consuetudine custumariorum que 
vocatur fysfe per annum primo die Quadragesime ', pass. 

2 Rot. Hund. ii. 642, 643, 647. 

3 Ram. Cart. iii. 250, 254 ; ii. 31 ; i. 287, 309, pass. 

4 Ibid. iii. 248, 278 ; i. 371. 

5 Ibid. i. 356: 'in quolibet turnoad fyssilverin Quadragesima dat duos 
denarios. Qui turnus accidit aliquando semel in duobus annis et aliquando 
in tribus.' 

6 Ibid. i. 487. 7 Ibid. i. 299. 

8 For example, Vac. Roll. 1 132/10: ( Bailiwick of Norfolk) '. . . de xlvj/z. 
\]d. ob. de redditibus assisis et heringsilver ' ; (Hartest, Suffolk) '. . . de xvs. 
iiijr/. ob. de redditibus assisis cum heringsilver.' 

9 Harl. MSS., 3977, f. 108. 
Burt. Ch., p. 26 : ' Et vadit ad summagium pro sale et pro pisce aut 

reddit \]d. pro utroque.' 



:h. i] FOOD RENTS 35 

>f eels occurs frequently in documents relating to the fen 
rountry. 1 

Maltsilver, Maltyngsilver, Aletol, Alepenny, Brewingsilver, 
Brewerestercsgeld. Food rents of malt or ale to the lord, 
ilthough evidently of importance, are often less easy to 
jnderstand than those of fish, grain, or poultry. The con- 
'usion arises from the fact that the ale rents were of two 
<inds: they were both commutations of an old food rent of 
lie, or of barley or malt for its making, paid to the lord at 
:ertain seasons, and they were also tolls paid by the brewers 
Df the village either for the right to brew, like the furnagium 
paid for the right to bake, or for the right to sell the ale 
when brewed ; and these two kinds of rents are often not 
:learly distinguished in the descriptions of services. It is 
probable that the word maltsilver was used more often for 
payments of the first kind, and aletol and brewingsilver more 
Dften for payments of the second, but the distinction is hard 
to keep, especially since the aletol was itself paid in kind and 
the original food rents might easily come to be considered as 
a toll for brewing. For convenience, rents of both kinds will 
be discussed together. The importance of the brewers on the 
manor and their value to the lord appears very clearly in the 
Hundred Rolls, 1 and more clearly still in the Placita de 
Quo Warranto, in the litigation concerning the assize of ale. 
Offences against the assize which should have been punished 
by corporal punishment, by means of the judicialia of the 
manor, were almost universally punished by fines up to 
certain fixed amounts, which evidently, in addition to aletolls, 
were an important source of revenue to the lord. 3 There are 
many statements in extents and rolls regarding ale rents and 
tolls. The brewers seem to have been usually, but not always, 
customary tenants, 4 and apparently in some cases at least the 
industry was very common on the manor, and not confined to 

1 Compare the Ely bedrepeeles, Claud. C. xi, f. 42. 

2 For example, Rot. Hund. ii. 283, 541, 547, 549, 602, 605,626,629, 743, 
766, 768, 775- 

3 See below under judicial rents. 

* For example, Reg. Wore. Pr., p. 32 a ; Ram. Cart. i. 474 ; Batt. Abb. 
Cust., p. 156. 

D 2 






36 CUSTOMARY RENTS [ch. 

a few men. The nineteen operarii holding five acres or ter 
acres each in St. Paul's manor of Sandun gave maltsilver, andj 
also four times in the year 6d., ad braciandum ; x five othei 
tenants holding half virgates in the same manor brought vasa 
et utensilia ter in anno ad braciandum.' 1 Maltsilver was 
usually paid on St. Paul's lands at Pentecost, or at the time 
of the rendering of the farms. 3 In Ramsey manors the 
typical virgater, and sometimes the cottar, made in most cases 
one or more measures of malt from barley, oats, or grnte, 
and carried them to the curia, where he satisfied the brewer 
of the excellence of the material. 4 When he did not pay the 
rent in kind he sometimes paid it in money at the rate of 6d. 
a virgate, 5 or, in Therfield, of iod. Q In Shitlingdon, when 
a virgater or censuarius brewed he gave a tolpot or a penny,, 
except at the beginning of the year. 7 The payment was made 
at Christmas, 8 Easter, 9 or whenever the lord willed. 10 In Elton 
when eggs were collected by the miller the cottar was freed 
from making ' the ale of St. Mary '. u On the whole, the 
money payment was less frequent on Ramsey manors than 
the making of the ale, and in most cases was an annual food; 
rent to the lord rather than a toll for brewing. 

On Peterborough manors too the villeins made malt for the 
lord, 12 and on the manors of Ely malty ngsilver occurs as a rent 
which is evidently a commutation of making malt, 13 and also 

I D. S. P., pp. 18, 19. 2 Ibid. p. 17. 

3 Ibid. pp. 62, 67, 81, pass. 

4 Ram. Cart. i. 345, 357, 368, 432; iii. 259, 271, 279. See especially i. | 
322 : ' Facit etiam unam mutam et dimidiam braesii ; et triturabit et 
carriabit dimidiam mutam ad domum propriam a curia, pro qua habebit 
unum fesciculum straminis, ligatum duobus ligaminibus, ad braesium 
siccandum ; et mittam integram mittet praepositus ad domum suam ; et 
carriabit apud Rameseiam dictam mutam et dimidiam cum braesium 
fuerit. Quod si refutetur a braciatore de suo proprio braciatori satisfaciet.' 

5 Ibid? i. 56, 335. 6 Ibid. i. 46. 7 Ibid. i. 474. 

8 Ibid. i. 394, 493. 9 Ibid. i. 493. 10 Ibid. ii. 37, 43 5 i- 5°- 

II Ibid. i. 489: 'Et ad Pascha, de consuetudine, molendinarius colliget 
ova de qualibet domo ad .voluntatem dantis et ad opus domini, per sic 
quod sint quieti de theolonio braysiae ad cervisiam Beatae Mariae 
laciendam.' 

12 Chron. Petrob., pp. 157, 160. 

1S Vac. Roll, 1 1 32/10: ' Somersham . . . et de xxvjs. vd. de opere ad 
braseam faciendam affirmato termino Annunciationis Beatae Mariae 



icH.i] FOOD RENTS 37 

] alemol, which is a toll for brewing paid after the first brewing. 1 
A Suffolk manor of Norwich paid a customary aid ' for making 
J malt and faldage'. 2 In Battle the tenants sent up a jug of 
' ale to the lord whenever they brewed ; 3 and cottars were 
! sometimes obliged to carry four gallons of ale or wine. 4 On 
the lands of Worcester the toll for brewing was common, 
being taken sometimes twice. Those that owed suit at the 
mill paid a toll when they brewed ale to sell ; a freeman 
or forinsecas following the soke of the mill de gratia gave 
a penny or four gallons, a villein gave id. or eight gallons, 
that is to say, a penny for the grinding and a penny for toll. 5 
The toll of the brewers is mentioned among the receipts from 
manors in the account rolls. 6 At Glastonbury the villein 
paid a heavy toll on a brewing, but the lord furnished him with 
utensils and fuel. 7 A Hexham brewer, whether ' on land of 
bond or cottage land ', an interesting distinction, gave a toll 
of two gallons when she brewed. 8 In Durham a penny was 
paid from a brewing, called in the account rolls the ' malt- 
penny \ 9 The toll of ale is commonly accounted for in the 

vocato maltingsilver.' Compare Extenta Maner., ' et pro malting silver 
si non faciet brasium viij*/. ob.' 

1 Claud. C. xi, f. 315 : 'Item si iste vel alius braciaverit in villa cujus- 
cunque fuerit homagii in primo braciato erit quietus de alemol versus 
bedellum scilicet de una lagena cervisie vel de uno obolo. Et nisi assisam 
tenuerit erit in misericordia. Et si iterum braciaverit tunc dabit pre- 
dictum alemol. Et nisi assisam tenuerit capietur cervisia sua in manu 
domini. Et si tercio braciaverit tunc dabit predictum alemol et sic in 
omni braciato nisi in primo ut supra. Et si tercio assisam fregerit tunc 
sustinebit judicium tumberelli.' 

2 Vac. Roll, 1141/1. Compare Harl. MSS. 3977, *■ 38. 

3 Batt. Abb. Cust., p. 36. 4 Ibld - P- 51- 
6 Reg. Wore. Pr., pp. 32a, 66a, 84a, 102 a. 

6 Wore. Vac. Roll, 1 143/18 : ' \)d. de tolneto duarum bracinarum, pass. 

7 Mich. Ambres. Rent., p. 82 : ' Et si braciaverit cervisiam venalem, 
dabit domino de quolibet bracino ix gallones cervisie, et dominus inveniet 
unum plumbum in quo possit braciare et i cuvam et unum penfet et i tinam 
dum braciat et fualliam de bosco suo vel unde voluerit sufficientem ad 
braciandum cervisiam illam.' 

8 Hex. Pr. ii. 72 : 'braciatrix sive super terram bondorum vel cotagiorum. 

Again, p. 76. 

9 Feod. Dun., pp. 73 n., 119, 278, 283 ; D. H. R., pp. 231, 237, 241, 243 ; 



XX. 



Vac. Roll, 1 144/18: 'et de iiij. vij/z*. vjj. ii}d. ob. q. de consuetudinibus 
vocatis scatpeny maltpeny scatfarina scatbraseum et scatavena et openbus 
. . . arrentatis.' 



38 CUSTOMARY RENTS [ch. 



rolls of York, 1 and Durham records mention a scat malt, a toll 
of ale, and maltpennies, and give regulations regarding the 
sale of ale. 2 An allowance of some kind was often made for 
the rendering of ale or malt, or money to the lord. In the 
Domesday of St. Paul's, for example, it is recorded that 
a man brewed if he did not carry; 3 in Battle Abbey he was 
free from works or received pasturage for his sheep on certain 
cliffs, or he received a small loaf; 4 in Ramsey manors he was 
free from labour service and sometimes received money or 
grain. 5 Both maltscot and maltgavel occur in Kentish docu- 
ments. 6 The manorial scotales, or drinking bouts, attendance 
upon which was enforced by the reeve of the manor, will be 
discussed under scotale. 

Mitesiher, a rent occurring on Ramsey manors, 7 was 
probably another form for maltsilver, derived from viitta, 
a measure. 

Galunsilver, a rent, mentioned in the Domesday of St. 
Paul's, 8 is also probably another form of maltsilver, the name 
being derived from galones, or lagenae, gallons. It should be 
compared with mitesilver. This derivation seems more 
probable than that from gallina, a hen, suggested by the 
editor of the Domesday. 9 

1 Vac. Roll, 1144/1 : '. . . cum tolneto cervisie, '/«•"• 

* Bold. Bk., p. 586; Bish. Hatf. Surv., pp. 4, 128, 145, 150, 157. 

D. S. P., p. 3 : Item quelibet virgata que non averat debet parare vj 
quart, brasn vel dare v]d. et erit quieta a vj operacione ' {sic). 

' Batt. Abb. Cust, p. 51 : « Cottarii . . . portabunt quilibet eorum iiij 
galones cervisiae vel vini ... nee habebunt companagium vel panem, set 
habebunt V. bidentes supra petram versus mare Achrokepole usque 
Boctes Wall et cetera animalia sua supra petram sine dampno domini ; 
et si dominus non venerit, quilibet eorum dabit per annum \d. pro predicto 
servitio.' 

« ¥??' Cart i- 3I7 ' 368 ' 394, 432, 493 ; "• 43- Cf. Rot. Hund. ii. 605. 
Add. MSS. 6159, f. 27, 181 ; Cust. Roff., p. 2 : ' Est et alia consuetude 
in . . . Sutflete. Scilicet quod quelibet domus que facit tabemam que 
Anghce vocatur cheaphale dabit curie de Suthflete dimidium sextarium 
cervisie de ipsa taberna ; et ipse vel ipsa cujus taberna fuerit, habebit tres 
fasciculos de ferragio de . . . curia de Suthflete. Si aliquid autem ex tribus 
fasciculis cecident mfra curiam aut infra quarentenam, curia habebit 
ferragium et cervisiam.' The serviens may demand better ale if he be 
not satisfied, and the lord may, if he wish, substitute for the three bundles 
a half-acre of ' stubles ' in the autumn. 

Rot. Hund. ii. 601, 657 : ' Et pro mitsilver xcf. vel faciet quinque 
quartena brasei sumptibus suis.' 

* D. S. P., p. 154*. 9 D . s. P., Introd. exxiv. 






:h.i] FOOD RENTS 39 

Elsewhere still other names were given to the tolls for 
brewing ale, all probably derived from the measure used. 
Tyne occurs in the west as a toll collected by the constable of 
castles ; 1 tolcester? gavelsester, chepsester? and langti sester 4 
occur in the records of Winchester, St. Paul's, Abingdon, 
Glastonbury, and Battle. A tolpot occurs at Ramsey. 5 

Salt rents. Salt rents were very common both in localities 
where salt was made and also on manors to which it had to 
be carried from a distant market. At Piddington in Oxford- 
shire, for example, a rent of a penny a year was paid by the 
villeins at Martinmas for the commutation of the service of 
carrying salt from the market where it had been bought to the 
larder of the lord. 6 Many statements of salt dues are given 
in Worcester records, 7 and details of still greater interest in 
a terrier of Fleet in Lincolnshire. Fleet was on the coast, 
adjacent to the salt marshes in which the making of salt was 
a main industry. Part of the village was within, part without, 
the sea dike, and to the regular arable holdings within the 

1 Close Rolls, 1230, m. 16, p. 295 ; Ram. Cart. iii. 253, 1. 57, 58. 

2 Batt. Abb. Cust., p. 156: ' Et sciendum quod unusquisque tenendum 
predictorum, tam liberorum quam nativorum, quotienscunque braciaverit 
ad vendendum, mittet ad manerium domini ij galones melioris cervisiae 
quod vocatur Tolcestr', et pro quolibet Tolcestro dabitur portanti I panis 
pretii oboli : et sic valent Tolcestr' per aestimationem per annum iij^.' 
See Index, p. 166; Rot. Hund. ii. 785 : ' Et quotienscunque braciaverit 
ad vendendum dabit tolcestr' ; ' and pp. 787, 788, where, in the last case, 
the ale for sale is called Chepale ; Abing. Ace, App., pp. 143, 150 ; D. S. P., 
p. 47, 'colcestre' ; Hazlitt's Blount's Tenures, p. 123. 

3 Blead. Cust., p. 200 : a tollenagium or toll on the sale of a horse or 
beer. The toll for beer was sometimes called tolsester, gavelsester, 
chepsester, from a sextarius or sester of beer brewed. 

4 Mich. Ambr. Rent., p. 84: 'Utrum autem debeat dare Langh'sester 
si habuerit cervisiam venalem necne, omnes vicini sui ignorant sed dicunt 
quod nunquam viderunt ilium dare.' Compare Inqu. 1189, p. 71 : ' Et si 
braciat dat duo sextarios.' 

5 Ram. Cart. i. 474 : ' Quotienscunque braciaverit in anno dabit unum 
tolpot, vel unum denarium pro eo, praeterquam principio anni.' 

6 Kennet, Paroch. Antiq. ii. 137 : ' Et quilibet virgatarius dabit domino 
unum denarium pro saltsilver per annum ad dictum festum S. Martini vel 
cariabunt salem domini de foro ubi emptus fuerit ad lardare domini.' 
Rot. Hund. ii. 717: ' Pidinton : dabit etiam domino suo ad festum 
S. Martini pro sale querendo id. de consuetudine quod vocatur saltselver.* 
Compare Winch. Pipe Roll, p. 4 ; Davenport, Norfolk Manor, pp. 47, 60-1, 
65-7 ; Norw. Vac. Rolls, 1141/1. 

7 Reg. Wore. Pr., pp. 34a, 95b, nob. 



4 o CUSTOMARY RENTS [ch.i 

dike of molland and workland there were appurtenant 
holdings outside the dike, called hogae and aree, for which 
a rent of salt was paid, usually at the approximate rate of 
one measure for one acre. The total amount so received was 
eighty-two and a half measures and two pecks. In addition 
to this regular ' redditus assisa ', the bondman, whenever he 
boiled salt outside the vill, paid a toll to the lord of one 
measure called overgongmid' das ; if he boiled within the vill 
of the boilers, infra villain bulleatorum, he paid for every 
patella one measure called tvellerelonedes. Then, too, the lord 
took a toll on salt sold : from twenty measures when sold and 
carried extra portnm he received a penny, and all bushels of 
salt from certain adjoining villswere brought once a year to a 
' holy ' place outside the dike of the sea, called lemothow, and 
there signed with the lord's sign, as an evidence that they 
contained true measure. Those that brought bad measure 
were in misericordia. 1 

Brakemol, a rent paid on manors in Norfolk belonging to 
the bishopric of Norwich, 2 was evidently a payment for salt, 
like the saltsilver — a commutation either of the old service 
of supplying the lord with salt, or of carrying salt for him. 

Besides these more important groups of food rents, there 
are some minor rents recorded of miscellaneous character and 
less common occurrence. 

Bredsilver was a rent paid in Fleet, Lincolnshire, from 
workland. 3 It was probably a commutation of the duty of 
supplying the lord with bread. It should, of course, be clearly 
distinguished from the bredwite, occasionally mentioned, which 
was probably the fine for breaking the assize of bread i — the 
fine exacted, as the Placita de Quo Warranto frequently 
show, for an offence which should have received corporal 
punishment and not monetary. Bread was frequently given 

1 Add. MSS. 35,169. 

1 Vac. Roll, 1 141/1 : (Gaywood) '. . . et de iiij^. de quadam consuetudine 
vocata Brakemol . . . cum iiijj. \\d. q. de Brakemol.' 

3 Add. MSS. 35,169. A half bovate of ' werklond' gave \d. for 'bred- 
sillver et stalage.' The ' Werkmen ' of Flete gave 2d. ' de pane.' 

4 For example, Kennet, Par. Antiq. i. 156. 



:h.i] FOOD RENTS 41 

to the lord as a rent in kind in the manor, 1 sometimes at 
Christmas as part of the loc? 

Honeysilver occurs occasionally in late documents. 3 

Mesyngpeny, Messingsilver. Mesyngpeny occurs in the 
IDurham Halmote Rolls in the form of sums of money paid 
!by different manors. 4 It may be the same payment as that 
.recorded in the Domesday of St. Paul's, of fourteen loaves of 
: bread ad mescingam, a rent called messingsilver in the un- 
printed rolls of 1279, from which the editor takes the form, 5 
and identified by the editor with the metegafol of the Recti- 
tudines, derived from Anglo-Saxon metsung, food or meat. 

Metride, a curious rent, was paid on the lands of the church 
of Durham. 6 It was paid at Martinmas in the form of one 
cow paid by the vill as a whole, or a half cow paid by a half 
vill, the fractional payment probably denoting commutation. 
It is mentioned often with cornage, and will be discussed in 
connexion with that rent. 7 

Wallesilver, willesilver, was a rent for wool paid by Ramsey 
customary tenants. In Elton, Huntingdonshire, a virgater ad 
opus paid in the twelfth century a halfpenny ad lanani ; his 
successor in the thirteenth century paid a halfpenny ad zville- 
silver, as the word appears in the Chartulary, ad wallesilver 
as it appears in the Hundred Rolls. 8 

Flaxsilver was a rent occurring on the Ely manor of 



1 For example, Ram. Cart. i. 57, 58 ; Reg. Wore. Pr., p. 34 a ; Chron. 
Petrob., pp. 159—65, pass. ; Compotus of Ketteringe, by Wise, p. 4. 

2 Rot. Hund. ii. 642, 645. 3 Mon. Angl., ii. 46; iv. 60. 

4 D. H. R., pp. 13, 131. 

5 D. S. P., p. 43 : ' Quelibet istarum hidarum debet duas doddas 
avene in medio marcio et ad mescingam xiiij. panes et quemlibet com- 
panagium.' Compare p. 47 : ' Et dare xiiij panes cum companagio 
portatoribus bladi ' ; and Introd. p. lxxvi. The metesilver is explained by 
the editors of the Liber Albus as money for food paid to daubers who 
filled the framework of gables with mud clay. Introd., p. xxxvi. 

6 Bold. Bk., pp. 569, 570, 571, 574, 579, 581, one vill one cow; 570, two 
vills one cow ; 580, a half vill, a half cow ; 580, two-thirds of a vill, two- 
thirds of a cow. Feod. Dun., pp. 19, 66 n, 68 n, 114 n. : 'et pro metreth 
quantum ad eandem terram pertinet.' It is commuted in Feod. Dun., 
p. 29, D. H. R., p. 243, and Bold. Bk., p. 571. 

7 See below, under administrative rents. 

8 Ram. Cart. iii. 259; i. 487 ; Rot. Hund. ii. 657. Cf. Mon. Angl. iv. 
634 : ' Redd' lanarum vocat' custome wolle.' 



42 CUSTOMARY RENTS [ch.i 

Barking in Suffolk. 1 There was a payment of linum on 
Ramsey manors also, 2 and on a manor of St. Paul's services 
were rendered in connexion with raising and collecting it. 3 
Flexlonde occurs in a Glastonbury record. 4 

Waxsilver. The Suffolk waxsilver 5 should perhaps be con- 
nected with the payment ad luminare, ad candelam, a church 
payment. There are interesting regulations in the Denbigh 
Survey regarding the finding of bees in the woods. 6 

The rents of lambs and sheep paid to Worcester, the 
Kentish lamgafol or lamselver, and the Ramsey wethersilver 
have been included among the pastoral rents. The cows de 
metride also probably belong there. The line between pay- 
ments in food and pasture payments is sometimes hard to 
draw clearly. 

Still another rent which was common in some parts of 
England in the thirteenth and fourteenth centuries, must, when 
regarded from the point of view of its origin, as Professor 
Vinogradoff and Mr. Round have shown, 7 be included among 
the rents representing very early arrangements. This is the 
gafol, which in Kent occurs as a separate rent, apparently 
part of the old tribute on the land. On the manors of St. 
Andrew's and Christ Church it was due from the gavolland, 
held by gavolmanni, and inherited by gavolkind. It was 
included among the servicia de terra, and was paid at Mid 
Lent, usually, although not invariably, at the rate of a penny 
an acre. It was paid in addition to a ma/, or fir ma, or census, 



1 Vac. Roll, 1 132/10 : ' de Ixivj. iiij^. ob. de redditibus assisis fodercorn, 
hedernewech flaxsilver et wynsilver,' Claud. C. xi, f. 292 : a plena terra 
gives id. flexsilver at Annunciation. Tiber. B. ii, f. 230. 

2 Rot. Hund. ii. 657 : (Abbots Ripton.) ' 1 becham lini de quolibet 
remello per sic quod molendinum linum conservet sine dampno.' Ram. 
Cart. i. 370 : ' Quaelibet virgata integra debet duas garbas lini . . . et hoc 
sive linum seminaverit, sive non.' And p. 489. 

' D. S. P., p. 37: 'Memorandum quod tota villata debet . . . fodere 
terram ad linum et linum colligere et in aqua mittere et extrahere et ad 
domum portare.' 

4 Mich. Ambres. Rent., p. 55. 
Claud. C. xi, f. 279 : a plena terra gives waxselver at the Nativity of 
St. John Baptist. Again f. 283. Vac. Roll, 1 132/10. Tiber. B. ii, f. 117. 

6 Denbigh Survey, ff. 43, 148. 

7 Eng. Hist. Rev. i. 734 ; ii. 103 ; v. 523. 






ch.i] FOOD RENTS 43 

the ordinary commutation of services, due four times a year 
and three times as great as the gafol, amounting, that is to say, 
; to 3d. an acre. 1 Some of the land that paid mal was not 
' gavolland? 

The compounds in which gavol appears also seem to 
indicate antiquity. Thus the gavolerth and gavolrep, or 
govehverkes, whether rendered in service or commuted for 
money, seem to be contrasted in Kentish documents, and in 
Ely custumals of manors in East Anglia, 3 with two other kinds 
of old services, namely, the ben or wine services, the thank- 
acres, filsingerthes, or winewerks, on one hand, 4 and the 
gresei'thes, or pastoral services on the other, and are probably 
to be identified with lagerthes, services de ritnesse, ploughings 
demanded not as a grace or aid, de amore, but as part of the 



1 Cust. Roff., p. 2 : Frendsbury. Each of 21 jtiga of 'gavoland unius 
servicii et unius redditus ' pays \os. at four terms : ' Hoc est mal,' and 
in Mid-Lent qod. 'Hoc est gable'. The jugum contains 40 acres. 
Darente, p. 5 : ' I jugum gives a gafol of 3s. 3d., and a firma of 21 s., 
3 juga and 14 acres give gafol, lis. 2d. ; 30 acres, 30c/. ; 7 acres, yd. ; 
2 juga, 6s. gd., and thejirma on this manor is usually 3d. an acre.' Com- 
pare pp. 3, 4, 5, 6. See also Faust. A. i. f. 118 : (Littlebourne) ' Et debet 
de qualibet acra id. de gabulo ' ; f. 121: among ' servicia de terra' 
from every acre of a sulung at Mid-Lent id. Elsewhere the rate is less 
clear and uniform, e. g. f. 15. Add. MSS. 6159, f. 26 : ' Apud Moneketone 
sunt xviii swling' de gavelikende sexdecim eorum . . . facientes servicia 
per annum. De gablo reddent de qualibet acra i ob. et de mala de quo- 
libet swling' xxs. per annum ' ; also ff. 28, 30, 187. 

2 For example, Faust. A. i. ff. 154, 156, 160, lists of tenants paying mal, 
with the gafol entered opposite a few names: ff. 166, 203, list of tenants 
by name owing gabulum. 

3 Harl. MSS. 1006, f. lix : ploughing 'de gablo' opposed to 'beni- 
herthe' ; Add. MSS. 6159, ff. 30, 34, 170, 176, 187 ; Harl. MSS. 3977, 
ff- 37> 38, 39, 61, and an especially clear distinction in the extent of 
Hadleigh, Suffolk (Suff. Instit. of Archaeol. iii. 229, et seq.) p. 249: ' Item 
tenentes de . . . xxii terris et dimidio (sic) debent arare ad seysonam 
frumenti xliiii acras de gablo, scilicet de qualibet terra ii acras. Item 
iidem debent arare de beneherthe xi acras et i rodam ' — and so with the 
reaping. Tiber. B. ii. frequently contrasts very clearly the ' govelas ' and 
the ' benes ' or ' banes,' e. g. ff. 122, 147, 151, 174. 176, 223, 227. For 'govel- 
werkes ' and ' vvinewerkes ' see ibid. ff. 174, 176. For ' ritnesse ' see ibid. 
f. 219. 

4 For an unusually full collection of benes see Claud. C. xi, e. g. f. 286, 
' winewerkes ' opposed to ' gavelwerkes,' f. 301, ' morewe metebene,' the 
love boon in return for the meat precaria, ' shyredaibene,' with which 
compare the carting service at Bury, ' Shirefordrode,' ' metelesebene,' ' hal- 
mingbene,' and f. 292, ' grasbene.' Cf. Tiber. B. ii, f. 239. The ' thankacres ' 
occur in Vac. Roll, 1140/20. 



44 



CUSTOMARY RENTS [ch.i 






custom or ' law ' of the village, and probably antedating boon 
services. Still a fourth kind of ancient service may have arisen 
in connexion with the church scot rent. Gavolseeds, gaveleoms, \ 
gavelacres, and gaveles, or goveles 1 of ploughing or reaping, 
are common, especially in the documents relating to Kent, ! 
East Anglia, and immediately adjoining counties, and may 
perhaps justify a presumption that the services they represent \ 
were paid by the holders of land ' anciently enfeoffed ' on the 
old tenure, like the gavolmen of Kent. Thus the gavolmerke 
of Sussex may perhaps be explained as the setting up of 
hedges or some other boundaries, performed as part of an old 
gavol service. 2 Other common Kentish rents are Jnmning- 
gabtdum, hellgabidttm,' 6 chesgavelf lioppgavelf gavclbere, 
gauelote, mal/gavel, 6 comegavell? lamgafol* gavolrafter, gavel 
timber, gavol bord? forgabulum, 10 and a medgavol 11 which may 
point back to an old haymaking service. Horsgabulum occurs 
in Wiltshire, 12 at Guildford and elsewhere, bremegavol, Jleg- 
gavel, and tangavel or tengavel, 13 and at York gavelgeld. u 
The late penygavelland at Thanet 15 is perhaps the old gavol- 
land put at a money rent. Rodgavel, sandgavel, gavelsest, 
pridgavel (for lampreys), also occur. 16 

1 For example, D. S. P., p. 33 : ' Terra operaria : singuli virgate 
debent per annum de landgable xvd. et debent de gavelsed iij mensuras 
quarum vij faciunt mensuram de Colcestr '. Note p. lxxiii. In 1279 ' from 
every half virgate one heaped bushel of wheat was due under the 
denomination of gavelcorn (I. 107).' Norwich Vac. Roll, 1141/1 ; Harl. 
MSS. 3977, f. 53, ' by reapacres called goveles ' ; and ff. 79, 82, 89. 

2 Batt. Abb. Cust., p. 6. Merle : ' Et debet claudere v virgatas (rods) 
haiae quae vocantur gavolmerke ' ; the service is valued at a penny. The 
editor suggests another explanation, that the gavolmerke were the boun- 
daries between the gavolland and the lord's demesne. See Round, Eng. 
Hist. Rev., ii. 329, on the virgata. 

3 Faust. A. i. ff. 52, 131. 4 Ibid. f. 56. 

* Ibid. ff. 5, 52. « Add> MSS- 6lS9> f Igl> 

Mon. Angl. i. 149 : Redd, ass., voc. Cornegavell. 
1 Faust. A. i. f. 131. » Robinson's Gavelkind, p. 220. 

J° Batt. Abb. Cust., pp. 52, 117. » Ibid., p. 51. 

Ibid., pp. 76, y7 : 'Set sciendum quod de horsgabulo non dimittitur 
pro aliquo opere, nisi quando hunt averagia.' 

J P. Q. W., p. 745. Cf. Vict. Co. Hist. Hants, i. 529. 
Mon. Angl. viii. 1193 : 'et solvunt gevelgeld tallivis.' Again, gavel- 
geld. 

Mon. Angl. i. 149: Redd, ass., voc. Penygavelland. 
la Hazhtt's Blount's Tenures, pp. 261, 310. 






ch.i] FOOD RENTS 45 

The form landgafol is common with hawgafol in towns, as 
a rent on the land, usually on the arable land. 1 It occurs 
also, however, in rural districts. It is mentioned, for example, 
on two Ramsey manors : once at Cranfield, where a virgate 
in pure villeinage gave J^d. at Martinmas, 2 and once at Burwell, 
where twenty-four acres gave 6d. ad londgavel, and fifteen acres 
gave <\d. for the same payment at the feast of St. Peter ad 
Vincula. 3 It occurred also on Ely manors lying in Suffolk, 
where a plena terra of twenty acres de wara gave in 
Rattlesdene 2%d., in Hitcham 2id., in Barking iod., at Michael- 
mas. 4 It was paid in the manors of Bury, 5 of Glastonbury, 
and of St. Paul's, where the rate was as follows: at Cadendon, 
Hertfordshire, from the typical virgater *]\d., and nothing 
from smaller tenants, due at Martinmas; 7 at Belchamp, 
Essex, i$d. a virgate, and none from smaller holdings ; 8 at 
Tidvvolditon, Essex, i\d. a virgate, due at Michaelmas ; 9 and 
at Nastok, from eight tenants of bondland, $d. each. 10 It was 
paid, seemingly, in these cases not by all customary tenants, 
but by the larger holders only. In a Kentish manor a land- 
chere of ^d. from every acre was paid; 11 in another case a 
landselver of 6d. ; 12 and at Lalling in Kent citstiimarii were 
arranged in groups of three or four, each holding fifteen or 
twenty acres, to make total tenements amounting to sixty 
acres, from which \od. landgafol was due. 13 Elsewhere land- 



1 Round, Domesday Studies, p. 136, with review, Eng. Hist. Rev. v. 141, 
and Mr. Round's reply, v. 523 ; Eng. Soc. in Elev. Cent., p. 143 ; Vill. 
in Eng., p. 292; Maitland, Township and Borough, pp. 85, \%o,pass. 
Perhaps the Hadgovill, Hadgouel, of a late Bury account is a form 
of hawgafol, see Mon. Angl. iii. 172. 

2 Ram. Cart. ii. 17. 3 Ibid. "• 28, 32. 

4 Vac. Roll, 1 132/10 : ' (Berkinge) et de iiij li. xs. vijd. ob. q. de redd' ass' 
Landgafel et whitepund.' Claud. C. xi, ff. 279, 286, 292; Tiber. B. ii, 
ff. 174, 175, 176, 177 ; Hadleigh Extent, Sufif. Instit. Archaeol. iii. p. 229. 

5 Harl. MSS. 3977, f. 94. 

6 Inqu. 1 189, pp. 70, 73, pass. 

7 D. S. P., pp. 6 and lxix, with reference to I. 119. 

8 D. S. P., p. 33- 

9 Ibid. p. 56. Cf. I. 89, quoted in Introd. 

10 Ibid. p. 83. Cf. I. 76. 

11 Add. MSS. 6159, f. 26 : ' De landchere de qualibet acra ujd.' 

12 Faust. A. i, f. 125. 

13 Harl. MSS. 1006, f. xxxi. Cf. f. xlvi. and Add. MSS. 6159, f. 184. 



46 CUSTOMARY RENTS [ch.i 

avese, 1 landmale? and langol 3 occur. Landcheap, occurring in ! 
Essex, has been defined as 13d. paid in every mark of the 
purchase money of houses or land. 4 

In Winchester account rolls there is commonly mentioned 
a gabidum assisum, identified by the editors with the landgafol, 
but reaching such large sums (£46 odd at Waltham, ,£48 at 
Clera) that it seems probable that it may have included all 
rents from lands ad censum, and have been only another name 
for redditus assise? 

On the manors of Gloucester a curious and difficult land- 
gavol was paid at Hokeday and reserved to the king. It was 
a rent from which the king did not exempt the land when he 
granted it other privileges. 6 Arrangements with regard to 
the incidences of the Hokeday gafol were, however, sometimes 
made by the abbot ; certain lands he exempted entirely, 7 and 
still other land he freed from all other services on condition 
of paying the gafol alone, which was incumbent on the 
eleemosinary land and owed to the capital lord of the fee. 8 

The second use of the term gafol occurs especially in 
Glastonbury, but can be traced elsewhere also. According 
to this, it sometimes seems to be the equivalent of census, or 
the commutation rent paid in place of all or part of the 
labour services in a given year. Thus at Glastonbury land 
was either ad gabidum (ad censum) or ad opus, 9 and if it were 

1 Claud. C. xi, f. 159 : (Hatfield, Herts) one virgate pays l6<f. a year at 
the feast of S. Andrew, ' de landauese . . . et ad hoc habebit woderich per 
visum et liberacionem ballivi.' Tiber. B. ii, ff. 140, 141. 

2 Feod. Dun., pp. 73, 74. See Hazlitt's Blount's Tenures. Gloss., but 
the form is probably a compound with the ordinary mal, or rent. 

3 Rot. Hund. ii. 546 : ' Dabit de langol ij^.' 

4 Hazlitt's Blount's Tenures, p. 210. 

5 Winch. Pipe Roll, Gloss, and pp. i, 5. Cf. pp. 50, 13, 74, and Liber 
Winton., D. B. Add. iv, pp. 531, 538. 

6 Glouc. Cart. i. 187, 318. For a Kentish reference of a similar kind 
see Reg. Roff. p. 542 ; the prior claims one-fourth of all the ' exituum perti- 
nencium ad praeposituram predicte ville excepto gablo domini Regis.' 

7 Glouc. Cart. i. 318: ' Et nos acquietabimus ipsam terram de land- 
gabulo duorum denariorum et unius oboli ad hokedai ergaregem de cujus 
feodo est/ (Grant by Abbot and convent.) 

! Ibid. i. 175 : The abbot grants land to a baker for 16^. rent: ' Idem 
vero (the baker) . . . et heredes sui acquietabunt nos de quatuor denariis 
de lond^abulo versus capitalem dominum ipsius feodi.' 

1 Mich. Ambres. Rent., especially, pp. 21, 64; Inqu. 1 189, pp. 28. 65, 
95, 103, 116, 124. 



ch. i] FOOD RENTS 47 

ad opus it did not as a rule pay any gabulum,} This use of 
the word occurs unmistakably both in the Inquest of 11 89 
and the later inquest. The rent is often paid at four terms 
like the mol of Kent and East Anglia. 2 At Glastonbury, as 
at Worcester and Gloucester, the common practice, both in 
earlier and later records, seems to have been to commute all 
the services, or none of them, in a given year, according as it 
should prove utilius domino. The reeve carried the money 
so collected to Glastonbury. 3 Gabulum at Glastonbury was 
used also in compound words for rent for special bits of land, 
sometimes newly assarted ; thus the common morgabulum 
was paid for land on the moors, on which we are once told 
forty houses had recently been built, 4 medgavol for meadow 
lands, 5 and brechegavel for ' breches ', sluices. 6 Landgavel 
also was common, 7 usually at the rate of ipd. a virgate, but 
bonus was sometimes given for prompt payment. 8 

The same use of the gavol probably occurs elsewhere. 
Assart land, for example, in Berkshire, is called gavolland? 
and held by villeins, and in Kent certain tenements are said 
to lie gave i Hate, in campis. w 

1 Mich. Ambres. Rent., pp. 64, 154: 'Nihil reddit de gabulo cum sit 
operarius.' Inqu. 1189, p. 67: 'Si est ad opus non dat gabulum.' But 
see Mich. Ambres. Rent., p. 206, where weekly 'handaynes' of work 
are owed in addition to gabulum, and pp. 35, l$l, pass. 

2 Mich. Ambres. Rent., pp. 7, 12, 126, pass. 

3 Ibid. p. 67 : The reeve ' debet habere totum tolnetum quod accidit 
in villa et duos solidos pro gabulo portando Glaston' unde xd. et ob. 
debent dari de tota villata communicatus, scilicet, dum manerium est ad 
firmam in manu illorum.' 

4 Mich. Ambres. Rent., pp. 170, 175, 182. Cf. p. 33. 

5 Ibid. p. 54. 6 ^id. p. 55. 

7 Inqu. 1 1 89, pp. 70, 11, pass. 

8 Mich. Ambres. Rent., p. 83 : ' Et si dat gabulum suum ante festum 
B. Michaelis, habebit i diem quietum ab opere, ad gabulum perquirendum.' 

9 Batt. Abb. Cust., p. 63 : ' Isti . . . sunt similiter willani et tenent de 
assarto per certum redditum, et vocatur gavelkind.' There are twenty 
such tenants paying money rent at four terms, and from them, as from 
virgarii and cottarii the lord may choose manorial officers, ' quia omnes 
sunt villani.' 

10 Min. Ace. 899/11 (30 Edw. Ill) : ' De cas' redd'. Et in decas' redd' 
diversorum tenementorum existencium in manu domini prout patet extra 
per nomina tenencium lvijj. Et in decas' redd' tenementorum heredum 
Waited Orpehelle jacent' gavellate apud Eastre per annum viijj. In 
decas' redd' tenementorum Margarete atte Snod' jacent' gavellate juxta 
Pyrye per annum iii-y.' Other tenements lying ' gavellate ' are deleted in 
the MS. See also Misc. Bks. Augm. Off., vol. 57, f. 99. 



CHAPTER II 

RENTS COMMUTING LABOUR SERVICES; 
CARTING RENTS 



i 



In most custumals and other manorial documents, especially 
in those of manors in the east of England, certain rents are 
recorded which were evidently derived from domanial arrange- 
ments. These rents are not always easy to distinguish from 
other classes of manorial rents, but in general they may be 
taken as money payments made in the place of some of the 
labour services which were counted among the ' works ' of 
the villein, forming thus part of the regular exploitation of 
the demesne by the lord, and being substituted for days 
of week- work, and, although less frequently, boon-work. In 
proportion to the whole numbeT~o1" rents incumbent on the 
customary tenant they were not very numerous; they were 
small in amount, and they are of interest chiefly because of 
their possible connexion with the general process of commu- 
tation of labour services for money. That they may be taken 
solely as indicative of the beginning or continuation of the 
change from one system to another is not probable. Although 
they occur with greater frequency in later than in earlier 
documents, and are especially common in the custumals of 
groups of manors in the east, in those belonging to Ely, for 
example, and are entered again in the late bailiffs' accounts 
of the same manors, yet there is no indication in the records 
of their very recent origin. The names given them are English 
names with a certain ring of antiquity about them, and the 
fact that their appearance was possibly more frequent in the 
eastern counties cannot prove that commutation was pro- 
ceeding more quickly there than in the west, in the face of 
the special emphasis laid in western custumals like those 
of Glastonbury, Gloucester, and Worcester, on the possibility 



hH.ll] RENTS COMMUTING LABOUR SERVICES 49 

of the substitution in any given year of a gabulum or census 

for the whole service of the vill. 1 The rents commuting 

individual services cannot be omitted from any study of the 

commutation of labour services as a whole, but they must 

always yield precedence to the much more important evidence 

of the custumals and account rolls regarding the sale to the 

villagers of the whole number of spring, summer, autumn, and 

winter works (opera vendita), and the substitution for those 

works of hired labour which is suggested by the stipends paid 

to special labourers ' for their comings ' (ad suos adventus\ 

and by the statements in manorial documents of various kinds 

regarding the renting of parts of the demesne and the work 

of that class of lesser men of the manor, whose economic 

status has not yet been very fully studied, the undersetli, who 

laboured both for the lord and also for the more prosperous 

villagers. Such 'selling' of works and hiring of labour are 

the more significant lines of change. The occasional, and 

perhaps temporary, shift of some special service into a money 

rent is to be ascribed as much to the momentary convenience 

of the lord, who found that for some service he did not need 

the whole working capacity of the manor, as to the impelling 

force of any general tendency towards money rents. This 

conclusion is strengthened by the kind of service usually 

commuted ; it is not often part of the regular ploughing of the 

demesne, except in occasional cases of members of the villata 

residing at a distance, nor of the regular reaping, but rather, 

as a rule, of some more special service which did not require 

any special skill, such as watching the crops, cutting reeds, or 

constructing hedges, for which the labour of a comparatively 

small number of men sufficed. The rents arising from the 

miscellaneous services thus commuted may be conveniently 

divided into rents commuting part of the week-work, rents 

commuting boon-works, and rents commuting carting duties 

— carting or averagium holding in the custumals of some 

manors an important position somewhat apart from the 

1 For similar substitutions in the east see Harl. MSS. 3977, f. 98: 
'Ad festum S. Michaelis ad primum halemot ponet dominus quos rusticos 
vult ad censum et quos vult ad operacionem.' Tiber. B. ii. f. 116. 

C R. E 



50 



CUSTOMARY RENTS [ch. n 



regular week-work. The commutations of week-work may 
be arranged, in general, although very roughly, according to| 
the season in which the service in question usually was due, 
and at which the rent was therefore paid. A late general 
worksilver is once mentioned 1 with which, it may be, mol 
should be compared. 

(a) Rents commuting part of the week-work : hedemeweck, 
edernewech, hethemewech (OE. heddern, granary). The guard 
ing of the crops brought in before Michaelmas, and threshed 
and stored in the granaries, was commonly the duty of the 
villagers, and is frequently described as one of the manorial j 
watching duties. The safety of the crops while standing was 
the care of the messor? The records of Ely show that the 
guarding of the stores and granaries was sometimes still per- 
formed, but more often commuted for a rent called heder- 
newech. All the customary tenants of a Norfolk manor, for 
example, were to watch in turn by night, in summer and 
winter, in the atria, in order to guard the granaries of the 
bishop. 3 In other manors in Norfolk, Suffolk, and Cambridge- 
shire belonging to Ely, 4 and in the manors in Norfolk 
belonging to the see of Norwich, 5 hedemeweck was commonly 
paid by customary tenants, the assessment being made per 
capita regardless of the size of the tenement. The amount 
paid by virgaters, half virgaters, and cottars was often a penny 

1 Sheriff's Tourn in Wilts, 1439. Wilts. Archaeol. and Nat. Hist. 
Mag. 13, p. in : All Canninges copyholders used to pay worksilver 
is. 2d, 

2 Batt. Abb. Cust., p. 67 : ' Messor vero, si sit electus de custumariis, 
habebit relaxationem \\s. de redditu suo et cibum ter, ut Praepositus, 
et in autumpno quia vigilabit noctu circa blada domini.' 

3 Claud. C. xi, f. 195: (Walepole) ' Isti vigilabunt quociens opus fuerit 
per noctem in curia domini episcopi pro granario vel grangiis domini 
custodiendis tarn in hyeme quam in estate secundum turnum vicinorum 
suorum sine cibo et opere. Eodem modo vigilabunt omnes operarii et 
consuetudinarii tarn maiores quam minores.' 

4 Ibid. f. 214: 'Et dat de hedernewech, id. ob. q.' See ff. 66, 250, 
2 55> 263, 279, 292. The Ely vacancy roll, 1132/10, exactly confirms the 
custumal, mentioning the rent on the same manors, e.g.: ' Et de iir. de 
quodam certo redditu quod vocatur hethemewech ad Natalem Domini ;' 
Tiber. B. \\,fiass. 

6 Norwich Vac. Roll, 1141/1: (Thornham) ' Et de Ixiijj. vd. ob. de 
communi auxilio et quadam consuetudine vocata hodernewech terminis 
Omnium Sanctorum et Sancti Martini.' 



CH.ll] RENTS COMMUTING LABOUR SERVICES 51 

iach, due in different manors at Christmas, the Annunciation, 
or the feast of St. Andrew. 1 Sometimes the custumal states 
the total sum due from the vill. 2 

Wood rents : woodpenny, woodsilver, wodelade penny \ sumere- 
\wodcsilver, somerlode, xvoodhire, woodweye, wodericht, heyn- 
wodesilver, woodwerksilver, wodefare, woodJiew. In autumn 
or late summer were due many of the services connected with 
ithe care and use of the lord's wood. The most common was 
Ithe carting of wood to the curia for the lord's fuel during the 
jwinter, a service which was often commuted for the rent 
woodpenny or woodsilver. The Ramsey Cartulary describes 
very clearly the service for which this rent was paid. Between 
Michaelmas and All Saints two virgaters went to the wood 
and each took thence a cartload and load (stimmagium) to 
the curia, where each received food and wood. If the virgater 
did not perform this service he paid 2d. a year for wood- 
penny? On the manors of St. Paul's the service of carrying 
wood to the curia was sometimes commuted in whole or in 
part, sometimes still performed. A customary tenant with 
a half virgate might pay as much as M. for woodsilver, while, 
on the other hand, a tenant with a whole virgate might pay 
only 4a?. 4 A woodpenny or woodsilver occurs frequently in 
the account rolls also — in those, for example, of the manors 
of Worcester 5 and Abingdon, in those of Barton Regis in 
Gloucestershire, 7 and Walsingham Parva, Norfolk. 8 The somer- 
lode of the Ely molmen in Norfolk 9 and the Thorney somer- 
wodesilver 10 may probably be explained as rents paid in place 

1 Claud. C. xi, f. 221 sqq. 2 Ibid. ff. 220, 233, pass, 

3 Ram. Cart. ii. 37, 43 ; Rot. Hund. ii. 629. 

4 D. S. P., pp. 6, 26, 56, 62, 82, 85, 90, 94. 

6 Vac. Roll, 1 143/18 : ' Et de Vs. mid. ob. de certa consuetudine vocata 
Wodeselver per annum ad idem festum' (i.e. S. Mich.). 

6 Abing. Ace, note the prominence of the lignarius, and p. 5 : 
' Recepcio : De redditu de Wodeselver x/z. iii-r. et non plus quia xs. 
Leukenore soluuntur Abbati per composicionem.' See also pp. 143, 145, 

*5°» x 59- ,. 

7 Min. Ace. 850/10: 'Et de v'nis. ixd. ob.de quadam consuetudine 

vocata wodepeny ad idem festum ' (i.e. S. Mich.). 

8 Min. Ace. 945/2: (under opera vendita) ' Et de viis. id. de lyng 
penye wodepeny et wodelodepeny.' 

9 Claud. C. xi, f. 247 : (Shipdham) ' Sumerlode de molmen.' 

10 Rot. Hund. ii. 642, 643 : ' id. in vigilia Natalis Domini ad Somer- 

E a 



S 3 CUSTOMARY RENTS [cii.n 

of collecting wood in the summer time, and as a similar rent 
the summer Jwusesilver of Kent. 1 The woodzvege 2 and wood- 
fare rents, which occur frequently, probably have the same 
general meaning, the going of carts to the wood for loads 
of fuel or underwood for the lord. Woodfare rents were 
especially common in Ely manors, where they are sometimes 
coupled with sefare or sesiher, probably denoting carriage 
by water. 3 Sefare occurs also in St. Neot's, Hunts. 4 Wood- 
werksilver is another Ely payment. 5 

Probably most wood rents had to do with this carting of 
wood for the lord, for fuel or other purposes. But the villein 
too had need of wood, and his wodericJit, the conditions under 
which he could take wood from the woodland of the manor, 
had to be carefully defined. To cut wood without permission, 
within the forest or without it, was a very serious offence, 
included in the Ramsey custumal with theft and bloodshed 
as offences not to be compounded for by fidstingpound? The 
extents of manors often give the regulations regarding the 
use of the woods by the lord alone, or in common by 
the villagers, stating especially the rights of pannage, and 
the allowance of wood at Christmas time by the lord to the 
virgater, called wdetale at Glastonbury, 7 in return for his 

wodesilver.' See Batt. Abb. Cust., p. 20 : ' Debet cariare boscum de 
bosco domini usque ad manerium per duos dies in aestate cum uno carra 
et tribus animalibus propriis, pretium operis ixd.' 

1 Robinson, Gavelkind, p. 220 : ' In lieu of providing a house of 
planks and boards when the lord visited the dens in the weald to dispose 
of their pannages in the summer time.' 

8 Kennet, Par. Antiq., i. 505 : (Banbury) ' wudeway \\\s. viirt'.' Cf. p. 566. 
Rot. Hund. ii. 772, 'pro wodeweye iiijrt'.' Cf. Faust. A. i. f. 186 ; Exeter 
Vac. Roll, 1 138/2: ' Et reddit censar' et cariagium et restingwode ad 
festum S. Martini ' ; and Batt. Abb. Cust., p. 153, ' Restwode.' 

3 For wodefare and sefare rents see Ely Vac. Roll, 1 132/10, pass. 
in Norfolk. Claud. C. xi, gives full descriptions of these rents in Norfolk 
and Suffolk; for example, ff. 194, 198, 255, 310. Tiber. B. ii. f. 181. 
Compare Ram. Cart. i. 56. 

4 Extent of 18 Edw. II, printed in Dugdale, Mon. Anglic, iii. 478 : '. . . 
de certo redditu vocato Seefare xd.' from half virgaters, 3d. from Tenacre 
men. 

1 Vac. Roll, 1 132/10: (Stratham) ' et de \]s. de quodam certo redditu 
quod vocatur wodewerkesilver.' 

6 Ram. Cart. ii. 22 ; i. 283, 306, 395. 

7 Compare Mich. Ambres. Rent., p. 83 : 'Debet habere husbote ad 
aulam suam de bosco domini, et haybote similiter sine vasto per libera- 



CH. n] RENTS COMMUTING LABOUR SERVICES 53 

exennium of a ' wood hen ', which has been already men- 
tioned. 1 Probably the zvodelode and woodlodepenny of the 
rolls of Durham, Coventry and Lichfield, and Canterbury, 12 
the wood/tire and woodsiher of Durham, 3 and the ligiiagium 
and woodsilver of the forest pleas, 4 the last made to royal 
foresters, were payments made by villeins for the use of the 
wood. It is not clear, however, that the distinction between 
payments for carting the lord's wood and payments for the 
villein's zvodericht, housebote, was always maintained strictly. 
Woodsilver, for example, may sometimes have been used as 
a general name for any wood rent, and the documents often 
fail to describe the labour service of which the rent was the 
equivalent. A money payment is mentioned at Glastonbury 
'de consuetudine Wodiarorum ', 5 and two other curious wood 
payments, zvodeliac and zvodewellesehot, are classed among the 
royal payments. 

Money payments were made for the duty of bringing in 
other supplies also for the lord, especially in the autumn and 
early winter when labour in the fields was light. Thus on 
the Ely manor of Somersham in Huntingdonshire the lord 
received a rent called collyngsilver, a commutation probably 
of the service of providing the lord with fuel. 6 Other refer- 

cionem ballivorum. Et debet habere Wdetale contra Natale, scilicet 
unum truncum . . . et debet habere Wenbote, scilicet unumquodque 
plaustrum, unum lignum, et hoc debet recipere quando incipiunt falcare 
prata' (compare the cartboteof other localities). And ibid. p. 135, ' debet 
auxiliari ad Wddewaste.' 

1 Vac. Roll, 1 1 32/10 (Ely) : (Somersham) 'Et de xxvis. xd. ob.de. opere 
de Wodehenes afhrmato termino Nativitatis S. Johannis Baptiste vocato 
heynwodesilver.' In this case the Christmas carting must have been of 
underwood rather than of wood for fuel. 

2 D. H. R., p. 24, ' wodladpenys ' ; Bold. Bk., pp. 566, 568, 570, 582, 584, 
585, 'lades and wodilade ' ; Vac. Roll, 1 128/4: 'wodelode'; Add. MSS. 
6159, f. 30; Coventry and Lichfield Vac. Roll, 1 132/5: 'wodelode'. 
For an apparent distinction see Min. Ace. 945/2 : ' de vii.y. \d. de lyng- 
peny wodepeny et wodelodepeny'. Cf. Ashmol. MSS. 864, Bl. Bk. 
Coven, f . 5 : ' Et cariabit maeremium de bosco usque curiam episcopi 
Lich' quotiens necesse fuerit pro domibus faciendis et sustinendis.' 

3 D. H. R., p. 94; Bish. Hatf. Surv., p. 10, pass. 

4 Abing. Ace. ii. 303, 305, 321, 'de consuetudine lignandi ' ; Sel. PI. 
For., p. xxxv. n. ; D. H. R., pp. xc, 2 ; Rot. Hund. i. 24. 

5 Mich. Ambres. Rent., pp. 72, 74. 

6 Vac. Roll, 1 132/10 : ' Et de iiy. xd. ob. de opere ad carbonem facien- 
dam affirmato . . . quod vocatur Collyngsilver,' Tiber. B. ii. ft". 113, 1 17. 






54 CUSTOMARY RENTS [ch.ii 

ences to coal and charcoal occur in rolls of the manors of 
York and Durham, 1 and in the Worcester Register 2 and 
Glastonbury records. 3 In many places nuts were collected, 
a service commuted on Ramsey manors for nutsilver, which 
was considered the equivalent of one man's work for one day, 
and was valued at about a penny. 4 In Norfolk, at Walsing- 
ham Parva 5 and Thorpe, the rent lyngmole or lyngpeny was i 
paid, probably in commutation of cutting or carting ling for 
the lord, or possibly in return for the villager's right to cut 
his own ling, and at Rollesby in the same shire a similar rent, 
turf dole? occurs, which is perhaps the same as the Turf eld or 
Torefeld (turf yield) of Dengmarsh, Kent, a payment made 
insteadof cutting turf. 8 

Here may be included too the shernsilver or sharpenny, the 
commutation of the very common service of carting manure 
to the lord's fields and scattering it. 9 The rent appears under 
this name both in the east and west. It is found, in the 
west, on the manor of Littleton belonging to Gloucester, as 
a custom valued in ordinary years at 1 2d. 10 ; sharland occurs 
at Rudford, 11 and a eertus redditus of sharnselver of two 

Vac. Roll, 1 1 44/1 : ' Et de cxxiiii/z. vj\r. vd. ob. de dominicis affirmatis 
firma molendmi tolneto chiminagio carbonibus marmis fructu gardini et 
passagio de Tyne affirmatis.' Compare Bish. Hatf. Surv., pp. 219, 220: 
D. H. R., pp. 91, i 39 , i 97 ; Bold. Bk., p. 587. 

2 Reg. Wore. Pr., p. 56 a. 

* Mich. Ambres. Rent., p. 90 ; Inqu. 1189, p. 17. 
Ram. Cart. i. 358. For the commutation rent, Notesilver, see 
Wystowe Mm. Ace, Econ. Cond. Ram. Man., p. 71, and App. 76, toss. 
See also Ashmol. MSS. 864, f. 17 ; D. S. P., pp. 37 , 90, pass. ; Rot. 
Hund. 11.622 ; Charnock, Man. Cust. of Essex, p. 17. 

1 Mm. Ace. 945/2 : ' et de viij. id. de lyngpeny wodepeny.' 

' Norwich Vac. Roll, 1141/1 : ' et dexlvj. Hid. de consuetudine videlicet 
cornu et clau' et lyng mole.' Compare Tiber. B. ii, f. 183, a service of 
collecting ling. 

7 Vac. Roll. 1 141/1 : < Et de vs. xid. ob. de consuetudinibus vocatis turfdole 
fermpenes et melderfe.' 

8 Batt. Abb. Cust., pp. 47, 49. 

9 Claud. C. xi, f. 176 : ' spargere fimum ' ; Norw. Vac. Roll, 1141/1 : 
canagio fimorum.' Compare Jacob's Law Diet.: 'Some customary 

tenants were obliged to pen up their cattle at night in the pound or yard 
ot the lord for the benefit of their dung ; or if they did not do so they 
paid a small compensation called sharpenny or sharnpenny ' (A.S. scearn). 

in the north,' Jacob continues, 'cow dung is still sometimes called 
cowshern. Probably, however, the rent was also a commutation of 
carting and scattering manure. 

Glouc. Cart. iii. 37. 11 ibid. iii. 109. 



[ch. n] RENTS COMMUTING LABOUR SERVICES 55 

shillings a year on Worcester's manor of Hertlebury. 1 At 
Bleadon men were obliged to go to the sherntrede, to help 
manure the lord's land. 2 In the east it is found on certain 
Ely manors in Norfolk and Essex. In Pulham, Norfolk, 3 
coterelli with acre holdings paid a penny, skarsiher, if they 
had cattle of three years' age. For one animal they paid 
a halfpenny, for two or three a penny, and for every additional 
three a penny. The total sum cannot be given, the custumal 
states, because it ' increases and decreases ' with the number 
of cattle. In Littlebury, Essex, an acre owed \2d. de sar- 
penni, and tenants on the same manor paid scharpani* The 
rent occurs among the redditus mutabiles of the Bury custu- 
mals, usually at the rate of a penny an animal, 5 and in Essex 
manors belonging to St. Paul's, seracres and sarlond were 
probably held by the same service. 6 

Rents paid in commutation of services in the fields in 
connexion with the growing grain, or of haymaking in the 
meadows, were very few in number. Ploughing rents, except 
the commuted gafolerth and graserth, were rare. A wedselver, 
or commutation of weeding, occurs in a Kentish document. 7 
Repselver also occurs in Kent, but may refer to the rent from 
a boon-service rather than a week-work. 8 Perhaps the 
Norfolk wrougsheryng is another harvest rent, but the state- 
ment regarding it is not clear. 9 Very occasionally rents were 
paid in commutation of haymaking. Thus ' meadow-cutting ' 

1 Wore. Vac. Roll, 1143/18 : 'De certa consuetudine que vocatur 
sharnselver.' 

2 Blead. Cust., pp. 182-210. 3 Claud. C. xi, ff. 217, 220. 

* Claud. C. xi, ff. 174, 175 : 'R. tenet unam acram in curia sua pro 
duodecim denariis de Sarpeni.' Scarpani also occurs ; and see Vac. 
Roll, 1 132/10: ' Et de vid. quadam consuetudine coterellorum vocata 
shersilver hoc anno in estate.' Tiber. B. ii. f. 223. 

5 Harl. MSS. 3977, f. 37: 'De sharsilver pro quolibet animali 1 ob. 
et est redditus mutabilis.' Elsewhere id., e. g. ff. 38, 39, 83. 

6 D. S. P., pp. lxxvii, and 46, 49. The editor explains that 'sexlond ' 
should be ' serlond '. 

7 Add. MSS. 6159, f. 174 : ' De wedselver ijs. ii]d.' 

8 Faust. A. i, f. 120 : ' Et de Repselver ijd. ob.' Also, ff. 1 14, 124, ' rip- 
selure ' and ' ripselwere '; Harl. MSS. 3977, f. 13. ' repselver' at St. Edmunds 
Bury. See Ashley, Econ. Hist. i. 115 ; Mrs. Green, Town Life, i. 171 n. 

9 Min. Ace. 945/2, Messor's account: (Walsingham Magna) ' Et de 
xiiii-. \\\\d. de quadam consuetudine messionis xxvi acrarum iij rodarum 
terre vocat' wroughsheryng.' 



56 CUSTOMARY RENTS [ch. n 

on a Rochester manor was paid as a man or a penny from 
each house, and a sitJipeni occurring on the same manor is 
probably another form of the same payment. 1 Medwesilver 
is found in East Anglia. 2 Much more common was some 
special allowance made at haying-time by the lord to the 
villeins, apparently in recognition of a service in the nature 
of a boon — the fork full of hay, the ale or food given in the 
field, the \od. from the lord's purse, the medsipe, werthale, or 
manesef, or the sheep loosed in the meadow. Similar allow- 
ances to villeins were made after other precarial services, for 
example at the Repegos and the forthdrove at Ramsey. 3 

W ascheyngpene was a late Ramsey commutation of the 
common service of washing sheep 4 . 

Heggingsilvcr, Heyningsilver, Heynwode 'silver. The setting 
of hedges round the growing grain, to keep out cattle, and of 
hedges round commons or pasture lands, to keep the cattle 
and other animals in, were services more often commuted. 
The custumals usually describe a service to be performed by 
the villagers in the collection of thorns, sticks, twigs, and 
underwood, wodccast, restingwode, for hedge-making. The 
commutation of the actual setting of the hedge was probably 
called heggingsilver? heyningsilver, 6 and the commutation of 

1 Cust. Rofif., p. 4. 2 Add. Ch. 37,763. 

3 Reg. Wore. Pr., p. 83 b : ' omnes habebunt in communi . . . unum 
arietem ab antique- et xii^. de novo, pro herbagio quod solebant habere 
super falces, et unum caseum pretii iiij^. vel iiijW.' Compare Ram. Cart. 
i. 298, 307, 324, 460 ; ii. 39; iii. 65; Rot. Hund. ii. 717 : ' Quod omnes 
custumani venient in tempore falcationis ad pratum domini falcandum 
per unum diem et habebunt x\d. de consuetudine de bursa domini et 
vocatur medsipe.' See pp. 720, 721, 818, 866 ; 'manesef,' 505 ; ' wambelok,' 
817. Ram. Cart. i. 476 : ' Ad diem quo falcant pratum domini habebunt 
unum multonem . . . ita scilicet quod ipse multo libere ponetur in prato in 
medio eorum, et si ipsum comprehendere possunt, habebunt ilium, si 
evadere possit, eo anno perdent ilium.' Cf. ibid. i. 493 for ' werthale ' or 
4 wetherale '. 

* Econ. Cond. Ram. Man., App. p. 95. 

5 Sel. Pleas. For., f. xxxv. n., quoting Inq. P. Mort., 23 H. vi, No. 14: 
' A . . . died seised of the custody of the forest of Rutland " Cum wynd 
fallyn wode dere fallyn wode cabliciis wodsylver heggyngsylver attachia- 
mentis forestariorum '"; Rot. Hund. i. 24 : for little thorns for keeping up 
the ' hayas * 8s. a year ; Gr. of Man., p. 328; compare Hex. Pr. ii. 4 'faciet 
le hege-yard.' 

o lt ^ d ' C * xi ' f * II5 ( Ditton > Camb.) : ' Et de heyningsilver ad parcum 
de Haffeuld obolum ad festum S. Michaclis ad placitum domini.' Cf. 
■ parcselver '. 






CH. ii] RENTS COMMUTING LABOUR SERVICES 57 

the collecting • of the wood for it probably heynwodesilver} 
A rent occurring on Ely manors, and paid on the feast of 
St. John Baptist, Jiirdel penny, by metathesis hilder silver, 
mentioned in Norfolk 2 in connexion with faldage and pasture 
payments, may have been a similar payment substituted for 
the duty of setting up hurdles for sheepfolds and the like. 
In Kent a similar W atelsilver occurs. 3 Hedgebote, heybote, 
was the common rent, of a slightly different character, paid 
by the villein for the right to take ' heynwode' for his own 
hedging. 4 

Segsilver, Seggesilver. Some time during the summer or 
early autumn occurred the cutting of sedge, or reeds for 
thatching. A segsilver commuting this service is common in 
the fen district. In the Ely manor of Dunham a plena terra 
of fourteen acres gave ^d. a. year for seggesilver, or else cut 
and bound sixteen cartloads each containing forty sheaves of 
great rushes. 5 In other Cambridgeshire manors virgaters paid 
commonly 6d. segsilver, half virgaters 3^., cottars 2d. In 
manors in Norfolk and Suffolk segsilver was paid at the lower 
rate of a penny, or a fraction of a penny. The cutting of 

1 Vac. Roll, 1 132/10. Compare Vinogradoff, in Ouar. Journ. Econ., 22, 
pp. 62, sqq. : ' pulling up of hedges or the haining of sheep, cows, and horses 
out of the commons ' : ' It is ordered that the sheepfolds shall be hained 
out of the corn-fields ' ; and compare Charnock, Man. Cust. Essex, p. 5 : 
Frampole fences were ' such fences as every tenant of this manor (Writtle) 
had against the lord's demesne ; whereby he had the wood growing in 
the fence and as many trees or poles as he could reach from the top of 
the ditch with the helve of his axe, towards the repair of his fence.' 

2 Norwich Vac. Roll, 1141/1 (Eccles, Norfolk) : ' Et de vijj-. xd. de 
consuetudinibus custumariorum videlicet faldagio bosagio hildersilver et 
hussilver.' Min. Ace. 954/2 (Walsingham Parva) : ' Et de \\\d. ob. de 
quadam consuetudine vocata hirdelpeny relaxata per annum termino 
lnventionis S. Crucis . . . et de xixd. ob. de hirdelpeny.' Professor Vino- 
gradoff suggested the identity of hildersilver and hirdelpeny. 

3 Add. MSS. 6159, f. 177. 

4 Claud. C. xi, f. 34 : ' Et de seggesilver per annum quatuor denanos 
equaliter vel falcabit et ligabit sexdecim carectatas grossi rosci scilicet 
quelibet carectata de quadraginta garbis sed non canabit. Et tunc ent 
quietus de predicto segselver.' 

6 Claud. C. xi, pass. See also Eng. Hist. Rev. ix. 418 : from a cossetle 
2d. for sedgesilver.' 

6 Claud. C. xi, ff. 263, 279, 286, 292: at the rate of Id. or id. See 
Ely Vac. Roll, 1 132/10 : (Hecham, Suff.) ' Et de lujj. v\\)d. ob. de redo . 
ass', de seggesilver de termino Nativititas S. Johannis Baptiste.' And also 



5» CUSTOMARY RENTS [ch.ii 

rushes was a very common duty of the Ramsey villein also. 
The rushes were used for thatching, for bedding for stalls, 
and for other purposes. 1 A similar payment was probably the 
Ely roserye? 

Other rents, not to be assigned to any special season, were 
paid in commutation of the duty of maintenance of parts of 
the demesne or the curia. Thus at Crondal and adjoining 
manors in Hampshire a poundpani, or pundpani, at the heavy 
rate of 3s. id. a hide, g\d. a virgate, was paid probably for 
the maintenance of the pond. 3 Poundsilver, perhaps a dif- 
ferent rent, occurs on a Canterbury manor. 4 A pond in the 
curia of Swaffham, Cambridgeshire, was valued at i8^., 5 and 
the duty of keeping the mill pond in repair is often men- 
tioned. 6 Parkselver was paid at Shelford in Cambridgeshire 
by customary tenants, probably in commutation of the service 
of keeping in repair the fence round the park. 7 Lardersilver, 
mentioned in extents of manors belonging to Worcester and 
St. Paul's, was probably the commutation of some service 
connected with the salting-house. 8 At Glastonbury, as has 
been said, the commutation of a large food rent was paid 
ad lardarium. 

Winyardsilver, or wynsilver, the rent in commutation of 

Norw. Vac. Roll, 1141/1 : (Blofield, Norf.) ' Et de xlixj. u]d. de feno 
arundine segges et agistamento averiorum.' 

1 Claud. C. xi, f. 42 : (Littleport) ' rushes carried from the Thackfen.' 

Vac. Roll, 1132/13 : ' Cum quibusdam certis redditibus et consuetu- 
dinibus vocatis wodefare Somerelonde seggeselvere coupeny et Roserye.' 
And Tiber. B. ii, ff. 108, 253. 

3 Crondal Records, p. 51 : 'Reddit compotum de xlv//. vjs. ixd. ob. qu. 
de toto redditu assisae in manerio de Crundalle cum pundpani.' Cf. 
pp. 75, 84, 86, 91, 95, 97, 105. Gloss., p. 510, defined as rent for keeping 
1* lete ponds in repair. 

Harl. MSS. 1006, xlvj, Hadleigh : custumarii pay poundsilver \o\d. 

5 Ely, Extenta Maner. 

6 Ashmol. MSS. 864, f. 17: ' Et mundabunt stagnum molendini de 
Heywood et val. ob.' Compare Inqu. 1189, p. 26: 'facere meram in 
grangia.' 

( 7 Claud. C. xi, f. 129 : A half virgate pays parkselver \d. at Michaelmas. 
Summa de parkselver per annum de operariis ixd ob. q.' Tiber. B. ii, 
f. 217. 

8 D. S. P. Introd., p. lvi ; Wore. Vac. Roll, 1 143/18 : (Hanbury in 
Salso Marisco) ' Et de Yixs. de certa consuetudine custumariorum debita 
ad lardarium ad festum sancti Michaelis.' So at Stoke. Mich. Ambres. 
Rent., p. 7, pass. ; Inqu. 1 189, pass. See above, under food rents. 



ch.ii] RENTS COMMUTING LABOUR SERVICES 59 

labour performed in the vineyard, was very frequently paid. 
Sometimes virgaters or half virgaters furnished either a man 
for a day's work in the vineyard, or the equivalent of his 
labour, usually a penny ; sometimes the villeins in common 
furnished a man to work for a week or more, or paid a lump 
sum of money. 1 Yaresilver was paid in the north for the 
repair of weirs or dams. 2 

(b) Commutations of boon services. The rents commuting 
week-work were comparatively few in number, but rents 
commuting boon-work were almost unknown. Boon-works, 
filsinerthes, winezverkes, opposed on one hand to gavehverkes, 
lagerthes, and on the other to graserthes and other services 
of a pastoral nature, while probably later in origin than the 
gavelwerkes, and always regarded as supplementary and in 
theory de amove, or ex gratia, not de consuetudine, were less 
unwieldy than the week-work, and the lord was therefore 
reluctant to surrender them. Boon-work was demanded from 
tenants owing no other labour services, and was naturally 
enough the last service to be commuted. 3 

Bedripsilver occurs in a court roll of Addington, Surrey, of 
Edward II's reign, 4 and again in a Bury St. Edmunds custu- 
mal. 5 Some indication of the commutation of the reaping 
service is found also in a late account roll of Barton Regis in 
Gloucestershire, a roll which records a number of commuta- 



1 Rot. Hund. ij. 543, 603, pass. ; Ram. Cart. i. 288 : 'Ad vineam etiam 
colendam de Rameseia semel in anno per unum diem inveniet unum 
hominem laborantem, ita quod post solis occasum domi redeat ; vel 
magistro vineae pro opere illius diei dabit unum denarium, tarn pro 
homine misso in vinea, quam pro denario dato de uno opere.' And 
i. 302, 325, 356 ; ii. 27, 31, 41, 46, pass. ; Claud. C. xi, ff. 38, 115, 121, 
171, 263, 276, 299; Tiber. B. ii, f. 127, pass.; Reg. Wore. Pr., pp. 47 a, 
51 b. 

2 Bish. Hatf. Surv., p. 78 : ' Cariagium cum yaresilver . . . tenentes . . . 
reddent pro qualibet bovata i\d. pro yaresilver, ad festum S. Martini 
tantum.' And pp. 80, 137. 

3 Econ. Cond. Ram. Man., pp. 39-48. 

4 Hone, Manor, p. 152, quoting court roll of Addington : 'Thomas Cubbel 
is summoned because he has concealed i\d. of bedripsilver forthcoming 
of a certain tenement which is called le popeland and has detained the 
said "zhd. for seven years past and still detains it.' 

5 Harl. MSS. 1005, f. 68: ' de Bedrepesilver in festo S. Petri ad 
Vincula xvs.' 



60 CUSTOMARY RENTS [ch. n 

tions of labour services, 1 and in Bishop Hatfield's Survey of 
Durham. 2 

Bene was probably, like the bedripsilver, a commutation of 
boon-work. It is found in the same late roll of the manor 
of King's Barton, Gloucestershire. 3 ' Thankeacres ' occurs as 
a rent in a late roll of the manors of the Bishop of London. 4 

Benesed was evidently a commutation of the obligation of 
furnishing seed for the sowing of an acre or half-acre of the 
demesne, in addition to the gavolsed. It also was paid at 
King's Barton. 5 It is tempting to connect the wiveneiveddinge of 
the same manor with some weeding boon performed by women, 
like the bedeivedinge of Ely, and the zveddis of Ramsey, but 
the term seems to mean literally ' wives' wedding ' (see p. 1 13). 6 

(c) Carting Rents. In some cases time was allowed the 
villein in his regular week-work for carting services, in others 
such services were regarded as extra services, like the boons, 
not counted to him for ' works ', and sometimes even paid for 
in part by the lord with a small sum of money, or food, or 
drink. 7 Even in the later extents much carting had still to 
be rendered by the villeins, and the service was in large 
measure uncommuted, although there is some evidence in the 
account rolls of a class of hired carters, 8 men coming, de prece, 
either from outside or, more probably, from within the manor, 
from the cottars, crofters, and lesser eensuarii, who might be 

1 Min. Ace. 850/10 (13 H. V): ' et de xxxs. \i]d. ob. de quadam con- 
suetudine vocata Bedripp' ad idem festum ' (i.e. S. Mich.). 

2 Bish. Hatf. Surv., p. 174 : scrvientes commute their precariae for \id. 
a year. 

3 Min. Ace. 850/10 (13 H.V): 'et de vijj. vijd. ob. de quadam con- 
suetudine vocata Bene ad idem festum' (i. e. S. Mich.). 

4 Vac. Roll, 1140/20: ' Et de xijj. vjd. de redditu vocato Thankeacres 
ad Terminum Pasche, videlicet xxxix opera.' 

5 Min. Ace. 850/10 : ' et de xviijj. \\\]d. de quadam consuetudine vocata 
Benesed ad festum Omnium Sanctorum.' 

6 See below under miscellaneous rents, and Glouc. Cart. iii. 70, 71 ; 
Claud. C. xi, f. 64. 

7 Claud. C. xi, f. 43 : a plena terra pays 2s. for average and carries 
one day called Benevveynes, three ' navatas bladi cum tota villata per 
annum de consuetudine usque ad lennam sine opere '. The lord supplies 
the boat. Compare f. 50 : a lawefotlier, probably opposed in meaning 
to beneweynes, one being regular, the other precarial. Compare also 
Cust. Roff., p. 10 : carters have \d. for drink. D. S. P., p. 34 : fifteen 
days credit given for carting. 

* Econ. Cond. Ram. Man., App., pp. 36, 46, 48, 63, 95. 



[ch.ii] RENTS COMMUTING LABOUR SERVICES 61 

sent as paid substitutes by the villagers, or hired outright by 
the lord, when occasion demanded, the more unwieldy service 
of the regular operarii being in consequence commuted for 
money. Carting rents might also arise where not all the 
carting exigible from the manor was required, and the surplus 
could conveniently be turned into money. For the regular 
virgaters with fields of their own to till in addition to their 
labour on the demesne, the distant carriages sometimes 
described, requiring more than a day and a night, must have 
been a serious inconvenience, and one from which they would 
gladly have escaped by means of a money payment. 

A distinction is suggested in the Liber Custumarum be- 
tween aversilvcr, the payment made by tenants in place of 
furnishing a beast of burden, and summagium, the payment 
made in commutation of the actual carriage of loads. 1 
Averare is, however, the common verb meaning to cart or carry, 
and a distinction between carrying and furnishing the means 
to carry does not seem to be maintained in the documents. 
Carriages, avcragia, were usually of two kinds, the manorial 
carting, and the long or short cartings outside the manor. 
The carting within the manor consisted of carrying grain to 
the granaries, of wodelodes from the wood to the curia, of 
rushes and hedging material from the marsh and the wood, 
of manure from the fields. 2 This carting was usually in- 
cluded in the week-work, ' counted to the villein for a work,' 
and was not often separately commuted. The longer cartings 
outside the manor, on the other hand, were more in the nature 
of special services. In a number of cases they were subject to 
commutation, in whole or in part, and the descriptions in 
some customaries of them and the rents commuting them are 
full and detailed. The Ramsey villein in Shitlingdon, for 
example, had to perform both long and short carriages outside 
the manor, 3 and long carriages were made from Ramsey 

1 Lib. Cust. gloss. 

2 Econ. Cond. Ram. Man., pp. 37-39. Compare Harl. MSS. 3977, 
f. 80 : ' si autem averagium illud sit de blado ad vendendum vel braesio vel 
hiis similibus ... si autem opus fuerit ad portandum semen ad campos 
die Sabbati.' 

8 Ram. Cart. i. 462. 



6% CUSTOMARY RENTS [ch.h| 

manors to places as distant as London, St. Albans, Cambridge, 
Bury St. Edmunds, Colchester, Ipswich. The long cartings 
in St. Edmund's manors were called langerode, poperode, and 
schirefore, the third possibly connected with suit at the 
county court. 1 An important part of the carting on the 
manors of St. Paul's was the carriage of the food farms to 
London, a service which fell on some manors several times a 
year. The duty of carrying such farms was a villein obligation, 
assessed ' secundum quantitatem tenementi ' on the lands ad 
operationes? In Essex this carriage was made by water, at 
the cost and risk of the villein, although the firmarius of the 
manor sometimes furnished the boat and its steersman. If 
the boat were lost and any escaped, the villeins met the 
expenses. 3 The smaller holders in these manors of St. Paul 
sometimes helped load the boats ; in other cases they them- 
selves went to London driving the herds of swine. 4 The 
carriage by land is sometimes commuted under the name 
aversilver, 5 the carriage by water under the name sliepsilver? 
Tenants of Ely and Ramsey manors and others in the fen 
land also had carriage by water to perform whenever grain 
or other supplies for the farm or other purposes had to be 
taken to the monks, and the commutations of this carriage 
appear frequently as sefare, sesilver, and seesilver? The 

1 Harl. MSS. 3977, f. 98 : one average a year called langerode, one 
called poperode, and another called schirefore, ' tertium debent averagium 
quod vocatur schirefore tunc debent quatuor homines ire ad primum 
comitatum . . . et ad primum hundredum et sic acquietare villam. Et 
ad aliud comitatum ibunt alii quatuor.' 

1 D. S. P., p. 34 : ' facit xij averagia firmarum per annum et pro quo- 
libet averagio quietus erit ab una operacione.' And pp. 6, 17, 47, 56, 64, 
67, 68, 82. Compare Harl. MSS. 3977, f. 98. 

3 D. S. P. p. 67 : 'et debet portare ad navem cum suis paribus firmam 
ducendam lond' et cum proprio custo ducere Lond' . . . Set dominus 
inveniet navem et rectorem navis suo custo set iste operarius erit quietus 
de operibus suis dum fuerit in itinere illo.' And pp. 47, 57, 64, 68, and 
Introd. lxxviii. 

4 Ibid. pp. 27, 68. 

6 Ibid. p. 90 : Eight workacres gave $\d. ' de averselver eo quod non 
debeant longius averare quam ad granarium S. Pauli.' 

6 Ibid., Introd. lxxviii, quoting I. 89. 

7 Tiber. B. ii, ff. 177, 179, 181 ; Vac. Roll, 1 132/10 : Claud. C. xi, ff. 94, 
198, 255, 310. 



tar. ii] RENTS COMMUTING LABOUR SERVICES 6 3 

<:ustomars of Newton and Hawkston, for example, provided 
i man with a boat to take to Ely a bushel of the best corn. 1 
"arting services at Ely were sometimes commuted for large 
payments, amounting to £9 13s. 6d. a year when placed ad 
rertum in Somersham in Huntingdonshire. 2 At Littleport 
and Stratham a ' full land ' of twelve acres paid is. de 
iveragio, and other lesser tenements paid in proportion to 
:heir size. 3 A small waynselver was paid on the Ely manor 
3f Northwold, Norfolk, 4 and a more important rent, the 
londenelode, or londenepeny, was paid, evidently instead of 
:arriage to London, in Thelford and Grantesdon, in Cam- 
bridgeshire, at the rate of nd. from a half virgate of eighteen 
acres. 5 On the manors of St. Edmund's in Suffolk lode silver 
appears. 6 

There were two kinds of carting rents at Durham, the 
payments in place of carrying loads of wood, wodelades, and 
the averpennies. Bishop Hatfield's Survey, compiled in 1382 
from an ancient feodary, shows clearly the carriage duties. 
For example, every bovate of a bond land at Derlington 
carried a cartload of wodelade, .made ladas on the visits or 
journeys of the bishop, and in addition to these services made 
three annual cartings of wine, herrings, and salt. 7 The zvoodlade 
was often commuted for a money rent paid at the feast of 
the Nativity of St. John Baptist, 8 and in addition a woodsilver 
was paid. 9 The commutation of the other ladas or carriages, 

1 Extenta Maner. Cf. Ram. Cart. i. 432: 'faciet etiam averagium 
quater per annum per aquam usque ad Sanctum Ivonem, et Rameseiam 
ad remotius et habet unum panem competentem ; et non computabitur 
pro opere nisi impediatur per procellam, quod non possit tempestive 
redire.' 

8 Claud. C. xi, ff. 96, 109. 

8 Ibid. f. 43 et pass, for commutation. 

* Ibid. f. 258 : a. plena terra of 48 acres gives \d. waynselver. 

5 Ibid. f. 127 : ' dat duodecim denarios ad festum S. Andree de Londene- 
lode.' And ff. 129, 130, 149 ; Tiber, B. ii, ff. 136, 215, 236, 240. 

6 MSS. Gough, Suff. 3 Bodl. (13 H. VI) f. 14 : 'et pro lodesilver qr.' 
And ff. 38 b, 42 b. 

7 Bish. Hatf. Surv., p. 4 : ' et unaquaeque bovata unam quadngatam 
de wodelade, et facere ladas in itineribus episcopi, et praeterea iij ladas 
per annum ad vinum, allec et sal ferendum.' And pp. 8, 99, pass. 

8 Ibid. pp. 4, 18, 28, 45, 128, 186, 200. 

9 See woodsilver. 



- 



64 CUSTOMARY RENTS [ch.ii 

occasionally called outlads} when made outside the manor, 
were called averpennies, daverpennies, and were a large item 
of receipt. 2 There is mention frequently of averacres. avereth, 
or avererth, which is taken by the editor of the Survey to 
refer to oats, but seems more probably connected with car?! 
riage duties, like averlond elsewhere, the land supporting an 
aff mm, or carting horse, 3 or owing special carting service. 
IVod/ade, wodladepenys, and averpennies occur commonly in 
Boldon Book, and again, with an avermalt, in the Durham! 
Halmote Rolls. 4 

Of still greater interest is the information regarding carting 
in Kent. The Rochester manors that owed a farm to the 
monks owed also the carriage of the farm, four hundred 
and forty-four averes being necessary for the carriage of j 
the farm of two months, out of a total of five hundred and 
fifty averes mentioned on the manor of Southfleet. When, 
moreover, the lord wished to send loads to London the 
gavelmanni came with horses and carts and took each three- 
quarters of a load to Gravesend or Northfleet, putting the 
loads on the boats in their own sacks. If the sacks were 
lost, no further carting was done until they had been replaced 
by the lord. 5 Elsewhere special provisions were made for 
carting in case of a visit from the archbishop. 6 A very 
remarkable arrangement is recorded in Wye, the great 
Kentish manor belonging to Battle. 7 The juga of the manor 
were divided into juga libera and juga servilia vel averagia. 
Of the servile or carting juga there were thirty, which were 

1 Bish. Hatf. Surv., p. 31 : 'Et quaelibet bovata reddit pro outlad ad 
term' Martini per annum \zs. lid.' And p. 200. 

2 Ibid. p. 38 : one bovate pays daverspenys 8d. And pp. 45, 78, 99, 
128, 173, 186, 190. 

3 Ibid. p. 100: 'daveripe, daverethe ' ; p. 95: 'arare de unaquaque 
caruca ij acras de avereth.' 

4 D. H. R., pp. 13, 24. 

5 Cust. Roff., p. 2 : ' Summa de averes D et L. Opportet inde expen- 
dire ad firmam duorum mensium cccc averes et xliiij.' 

6 Ibid. p. 9 : ' Et de quolibet avero sequenti archiepiscopum habebunt 
unum panem. Et si archiepiscopus esset in villa, portabunt corredium de 
proximis foris.' Compare Batt. Abb. Cust., p. 51 : ' Hii vero qui tenent 
debent facere averagium bis in anno si abbas ibidem adveniret, scilicet 
invenire xij equos cum custodibus ad portandum panem de Wy.' 

7 Batt. Abb. Cust., pp. 122 sqq., 131. Misc. Bks. Augm. Off., vol. 57, 
ff. 61 sqq., 99. 



CH.ii] RENTS COMMUTING LABOUR SERVICES 6$ 

grouped into three equal wendi, each wendus making ten 
cartings every three weeks ; one fugum, that is to say, making 
one carting, on Saturday, in order to carry half-loads of corn 
or barley from Wye to Battle. In addition free juga owed 
thirty-three averagia in summer. In this case the heavy 
carting service seems to have been the distinctive mark of 
subjection. Wenlonds x and averlonds* also occur in Kent, 
and the cartings seem to have been still actually rendered at 
the time of the compilation of the extents. Cornlode, a con- 
suetude) arentata, appears with housebote and wodelode in 
Addington, a manor of Canterbury. 3 

The carriage made by the villeins and more important 
operarii of the manor was usually of food supply, either of 
the farm for the monks or of the surplus grain and stock of 
the manor, to ' neighbouring markets ', or elsewhere. 4 The 
large amounts arising from the sale of this surplus produce, 
and the frequency of the sales as they are recorded in the 
bailiffs' accounts, deserve study. 5 The statements give an 
impression of more freedom of intercourse, greater mobility 
of trade, and less economic self-sufficiency than we are usually 
disposed to allow the mediaeval village. 

Special or occasional cartings are sometimes described of 
mill-stones, wood, or salt. 6 In Durham f le courtegere' (court 



1 Add. MSS. 6159, f. 30. Compare Mich. Ambr. Rent., p. 83: « Et 
debet habere i wenday scilicet unum diem ad carrum suum preparandum 
antequam cariet quietum de omni alio opere.' And p. 136 : '2 wensewes,' 
probably sheaves, received when he carted. 

2 Faust. A. i, f. 57. Cf. f. 63 : 'averlonds,' whence salt or corn should 
be carted to Canterbury. 

! Vac. Roll, 1 128/4: ' Et de Ixxviij.?. ixd. ob. de quibusdam consuetu- 
dinibus que vocantur wodelode cornlode housbote et aliis diversis con- 
suetudinibus arentatis per annum.' 

4 Harl. MSS. 3977, f. 85 : ' Item antecessores sui solebant facere 
averagium apud Donewyc . . . et alia mercata vicina et provisum est quod 
dabit pro illo averagio ad festum S. Edmundi \\d. ob. et allocabitur ei pro 
uno opere.' 

6 Feod. Dun., pp. 59, 129, 141. Bold. Bk., pp. 583, 584, 585. 

6 Glouc. Cart. iii. 55: ' Omnes debent cariare molas, scilicet petras 
molares ad molendinum domini vel dabunt in communi tredecim denarios 
quadrantem.' And pp. 61, 92, 93, 95 ; Exeter Vac. Roll, 1 138/2 ; Harl. 
MSS. 3977, f. 85 ; Batt. Abb. Cust., pp. 29, 39 ; Mich. Ambr. Rent., p. 144, 
et pass. 



66 CUSTOMARY RENTS [ch. n 

gear?) was carried, 1 and in Yorkshire lades and rades are 
mentioned. 2 These special cartings were often made by the 
smaller tenants of the manor, the cottars, and crofters, and 
small censuarii. If they had no horses they usually made 
the fotaver, or carriage super dorsum, or its equivalent. 3 In 
a Cambridgeshire manor the averagium pedile was, it is said, 
for the purpose of carrying ' letters, ducks, eggs, and those 
sorts of things'. 4 The St. Paul's cottar, as has been shown, 
drove the swine to London as his share in the carriage of the 
farm. The serviens of the lord could send the St. Edmund's 
villein on such service as part of his week-work. 5 Sometimes, 
however, the cottars and lesser holders had horses of their 
own, and therefore carried horseloads, horsavers as they were 
called in Kent, 6 or else, as on a manor of Battle, paid a rent 
called horsgabulum? The pokeavers of Bury St. Edmunds 
may also be connected with carting services. The averaker- 
silver, which has been taken as ' silver for oats ', aver being 
taken to mean oats, is explained in a passage quoted by 
Professor Vinogradoff in which every cottar on a Kentish 
manor is said to have a horseacre, from which he supplies 
a horse to carry grain and the like to Canterbury. 8 

1 Feod. Dun., p. 322. 2 Mon. Angl. i. 417. 

3 Claud. C. xi, f. 220. 

4 Ibid. f. 125 : ' Et intelligendum est quod averagium pedile est portare 
breve ballivi aucas ova et huiusmodi.' Compare 13att. Abb. Cust., 
p. 29. 

5 Harl. MSS. 3977, f. 85 : 'si serviens velit mittere eum apud Sanctum 
Edmundum cum aucis et gallinis pullis gallinis columbis ovis butiro caseo 
vel consimilibus quae portare poterit sine caballo allocabitur ei pro uno 
opere.' 

6 Faust. A. i, f. 134 : ' horsaver sancti Andree.' And f. 31 : ' Item de 
eisdem sullin' de quolibet sullmanno xvjd. de Horsav' pacandos ad equinoc' 
autumnale.' ff. II, 97 (\6d. a sulung). 

7 Batt. Abb. Cust., pp. 72 sqq. Note cartings ' de monte et sub monte'. 
And pp. 76, 82 : ' Orones qui debent horsgabulum per annum debent 
averrare in adventu Abbatis cum somoniti fuerint, apud Britholton' vel 
Sarum vel alibi, ad voluntatem domini usque ad xx leugas, et erunt quieti 
illo anno de horsgabulo.' 

8 Charnock, Man. Cust. -Essex. See Vill. in Eng., p. 286, quoting 
Add. MSS. 6159, f. 28: ' De predictis cotariis unusquisque habet imam 
horsacram et de ista acra debet unusquisque invenire unum equum ad du- 
cendum cum aliis frumentum de rirma ad cantuariam, et pisas, et sal, et 
presencia portare.' Compare Blead. Cust., p. 208 : ' Habet imam acram 
stipularum ... ad pascendum affrum suum et vocatur averlonde.' 



ch.ii] RENTS COMMUTING LABOUR SERVICES 67 

From this manorial carting should be distinguished the 
avera or carrying services due to the king, which are often 
mentioned with inwards and outzvards in the earlier docu- 
ments. The word is frequently found with this meaning in 
the lists of immunities in charters. The king's wood was still 
carried in the time of the Hundred Rolls. 1 

1 D. B. B., pp. 130, 138, 169, 240 ; Glouc. Cart. i. 72 ; ii. 127, 131, 220; 
Rot. Hund. i. 183 : ' Dicunt quod W. . . cariare fecit meremium domini 
Regis per abbates et priores usque Glouc' et preterea cepit xxm. in hun- 
dredo pro dicto cariagio.' And i. 211. 



F 2 



CHAPTER III 

RENTS CONNECTED WITH PASTURE AND 

ESTOVERS 



Numerous rents were paid to the lord of the manor for the 
pasturing of the villein's cattle, the agistment of his swine, 
the use of the pasture-lands, wood, and waste of the village. 
Some of these rents were evidently ancient, going back to 
times when pasture-rights and the related management ofj] 
the waste were of very great importance. They are dis-j 
tinguished from other rents based upon stock, for example! 
from the tonnutum, which were considered not as payments j 
for privileges, but as in a sense recognitions of villein status. \ 
It should be noticed, too, that in many cases rents which had 
no necessary connexion themselves with pasture or with 
cattle were assessed upon the number of animals held by the 
villein. Thus the common method of assessing the lord's ! 
tallage on the manor, and in some cases the zvardpenny also, 
was either according to the amount of the tenement, or 
according to the number of the animals held. 

Among the most ancient pasture payments were the 
gaerswyn and the graserthe. The gaerswyn appears in the 
Rectitudines,2Ln& in Domesday Book, in the accounts especially 
of Sussex and Surrey. 1 It was a rent of one out of a certain 
number of swine belonging to a villein, in Domesday Book 
the seventh, and was paid for the right to pasture all sorts 
of animals, resembling strictly therefore herbage rather than 
pannage. It probably appears in later times in the gar sanese, 
gershenese rent commonly paid in the manors of St. Paul's 2 

1 For Mr. Round's discussion of these rents see Vict. Count. Hist , 
Surrey, i. 291, and Sussex, i. 365. 

8 D. S. P., p. 6 : ' Reddent eciam singulis annis garsanese scilicet \\\)d. 
et ob. de qualibet virgata quae averat et quae non averant faciunt fotau- 






hi. in] PASTURE AND ESTOVERS 69 

and of St. Edmund's, 1 and in certain manors in Bedfordshire, 
Huntingdonshire, and Oxfordshire, 2 as they are described in 
the Hundred Rolls, usually as a money rent, and sometimes 
no longer clearly distinguished from pannage or tkac, the money 
paid for the agistment of swine only. 3 Thus St. Edmund's 
customary tenant, if he had ten swine, gave the lord the 
tenth ; if he had fewer than ten and they were ' in pannage ', he 
gave the lord a penny greseiiese for yearlings, a halfpenny for 
half yearlings. 4 At Ramsey and elsewhere, however, the pay- 
ment of one from a certain number of swine owned by the 
villein was probably in the beginning a pasture payment. 5 
The gavolswine, which in origin was a food-rent to the lord 
unconnected with pasture, was also probably later identified 
with the common pannage. In Kent it is defined as a rent 
paid by tenants in the Weald for licence to keep swine and 
agist the swine of others. 6 It occurs also at Lewes. 7 In spite 
of a confusion of rents in later times, in early days probably 
one usual method of securing pasture- rights of all sorts was 
the render of the grass swine to the lord. 

Another kind of return for pasture-rights seems to be indi- 
cated by the frequent graserthe services of the custumals, 8 or 
the rents commuting such services. Reminiscences often 
appear in the later documents of the ancient threefold division 

ever, et si habuerint porcos dabunt de pannagio . . .' Also p. 51 and 
Introd. p. lxviii. 

1 Had. MSS. 3977, f. 94: 'Si pauciores porcos habeat quam decern et 
sint in padnagio dabit pro quolibet porco \)d. Si autem non sint in 
padnagio pro quolibet dabit ]d. quod vocatur gresenese si sit unius anni.' 

2 Rot. Hund. i. 6 ; ij. 613. 

8 Ibid. ii. 785 : ' et dabit pannagium videlicet gershenese . . .' 
* Harl. MSS. 3977, f- 94- 

5 Ram. Cart. i. 323, 345, 356; Burt. Ch., p. 73; D. S. P., p. 7U Rot. 
Hund. ii. 872. 

6 Robinson, Gavelkind, p. 220. 

7 Mon. Angl. iv. 9, quoting a twelfth-century document : ' Terra de 
Breham. xxx et ij de servitio et x carratas de busche et unum present 
valens v]d. . . . et gavelswin.' 

8 For example, Rot. Hund. ii. 768: ' Item si habeat carucam integram 
vel cum aliis sociis conjunctim ilia caruca arabit domino ij acras terre ad 
yvernagium et herciabit quantum ilia caruca araverit in die et istud 
servicium appellatur greserthe pro quo servicio ipse Willelmus et omnes 
alii consuetudinarii habebunt pasturas dominicas ad diem ad Vincula 
Sancti Petri usque ad festum B. Mariae in Marcio et prata dominica.' 



7 o CUSTOMARY RENTS [CH.IIT 

of services into gavol or lage services, part probably of the ! 
original consuetudines firmae ; ben, or boon, or filsing, or wine 
services, rendered theoretically as a favour to the lord, de 
amove and not de consuettidine, and this third kind, surviving 
in the common graserthe, or ploughing rendered in return for 
pasture privileges. 1 

A passage in the Bury custumal, a custumal full of refer- 
ences to gavol services, or gove/es, gives an excellent example 
of arrangements that look like late elaborations of the gres- 
erthe principle, although the service is not here called 
graserthe. Every tenant of land except the free reaps one 
half-acre of grain if he have averia, and as many half-acres 
as he has cows, unless his cows be in the lord's fold at the 
vigil of St. Peter. All the cattle of the tenant except his 
milch cows and ploughing oxen lie in the lord's fold. In 
addition, a quite separate rent of thac is paid for his swine. 2 
The ploughing appears again very clearly at Glastonbury ; 
' he shall have no ox in the pasture of the lord except those 
which he acquits by grashurde' 3 The custumal of Bleadon 
explains that two annual graserthe ploughings were ' invented ' 
so that the lord, in consideration of the ploughing, should 
make no winter hage, winter hedges, on his land to keep out 
cattle. 4 A similar explanation is given for the custom at 

1 See above under gavol. 

2 Had. MSS. 3977, f. 82 : 'Omnes qui tenent terram de domino ex- 
ceptis liberis . . . debent metere pro porcis quilibet eorum dimidiam acram 
siliginis. Et omnes homines domini exceptis liberis debent metere pro 
vadiis dimidiam acram siliginis si habeant averia. Et omnes isti supra- 
dicti metent pro vaccis quot vaccas tot dimidias acras de frumento met' 
si autem vacca sit in falda domini in vigilia S. Petri non metet si domum 
remaneant {sic) metet ut predictum est. Si autem vacca eat in caruca per 
annum non metet pro ea. Omnia autem averia istorum exceptis caru- 
cariis bobus et vaccis lactantibus . . . iacebunt in falda domini . . . et pro 
quibuslibet v. berbiciis metet j rodam avene si unum tamen habeat metet 
unam rodam. Si excedat numerum v. metet dimidiam acram et sic 
deinceps usque in infinitum.' 

J Mich. Ambr. Rent., p. 109: ' Item, non habebit aliquem bovem in 
pastura domini nisi illos quos aquietabit per garshurde.' And p. 135: 
' et debet arurum {sic) que' dicitur gareshurthe ' ; p. 84 : he ploughs a 
' garslod' scil. iiij acras in terra domini ' ; p. 87 : 'garslond.' 

Blead. Cust., p. 201 : the customar makes two graserth ploughings, 
one before and one after All Saints : ' Et inventa fuit ista arura ita quod 
dominus nullum defensum facere deberet in hieme quod dicitur winter- 



ch.iii] PASTURE AND ESTOVERS 71 

Pidington, a manor of St. Frideswide's. All the ploughs come 
on a day near Michaelmas at the summons of the reeve for 
the graserthe ploughing, 'racione quod dominus hagam nee 
pasturam separabilem faciet ab hominibus intra campum 
warectabilem ; tantum hoc diem faciet et non amplius '- 1 At 
King's Barton, Gloucestershire, the graserthe ploughing was 
commuted for a large rent of ios. iod.' 2 

In later times, however, the common forms of pasture rents 
were pannage for the agistment of pigs, herbage for the 
pasturing of all sorts of animals, and faldage for the folding 
of sheep and cattle. 

Pannage was practically universal, except in case of special 
exemption, wherever and whenever there were swine to be 
fed on the demesne or the waste. The payment was made 
usually by villeins only, 3 freemen having probably some 
wood-rights of their own, and being therefore independent of 
the lord's mast. Usually pannage was the return made by 
the villeins for permission to turn swine out into the wood, 
but very commonly there are cases where villeins had to pay 
pannage even when they kept their swine at home. In other 
cases the lord seems to have required that the villeins should 
agist their swine on his land whether they wished to do so or 
not. On manors of Ramsey, for example, the custom varied : 
sometimes, especially when nuts were plentiful, the villein 
paid pannage whether he drove his swine into the lord's wood 
or kept them at home, sometimes he paid it only when his 

haye contra averia sua in nullo loco super terram suam propter eandem 
aruram.' 

1 Kennet, Par. Antiq. ii. 137. 

2 Min. Ace. 850/10: ' Et de xxs. xd. de quadam consuetudine vocata 
garserthe ad idem festum.' 

3 Ram. Cart. i. 287, 298, 309, pass., among the obligations of customary 
tenants. Wore. Vac. Roll, 1 143/18 '. . . de pannagio porcorum custuma- 
riorum ' ; Glouc. Cart. iii. 217 ; D. S. P., pp. 6, 33, 37 ; Rot. Hund. pass. ; 
Min. Ace. 742/17-20, 850/10 ; Durham Vac. Roll, 1144/1 ; Norwich Vac. 
Roll, 1141/1; Coventry and Lichfield Vac. Roll, 1 132/5 {tallag'aim por- 
corum); Crondal Records, pp.52, 76,95, and commonly elsewhere. Compare 
Vinogradoff, Growth of Manor, p. 31 1 : ' Customary payments of pannage 
for swine and cattle grazing on the waste, customs of so-called grass earth 
labour, fines for cutting down trees, and especially hunting and fishing 
privileges, are among the earliest manifestations of manorial lordship 
over tracts of waste lands, and, of course, they get more and more 
elaborate as cultivation and social progress increase.' 



72 CUSTOMARY RENTS [ch. ill 

swine were in nemore domini} Again, the Hundred Rolls 
describe a Bedfordshire manor where once pannage was paid 
only when swine were turned into the wood of the lord, but 
where at the time of survey it was taken per vim et extorsionem, 
even if the swine were kept at home. 2 In this, as in other 
cases, unjust encroachments by the lord became in the course 
of time recognized as his rights and part of the custom of the 
manor. 

For swine fed in the royal forest pannage was paid to the 
king, and from the obligation to pay it the king often granted 
immunity. The receipt of the royal pannage was an im- 
portant part of the duty of the forest officers or agistors at the 
Martinmas swainmote? 

Pannage was paid annually at Martinmas, 4 according to the 
number of animals agisted. The ordinary rate was a penny 
for a pig over a year old, that is to say, a year old on the last 
Holy Cross day, a halfpenny for a half-yearling or for a pig 
just separated from its mother. Little pigs and sows were often 
free. 5 This rate was usual on the manors of Gloucester, 6 and 
in Oxfordshire, 7 and on the manors of Abingdon, 8 Lichfield, 9 

1 Ram. Cart. i. 288 : ' pro porco dat pannagium, si sit de pretio duorum 
solidorum, ad minus duos denarios, pro porco dimidii anni obolum, pro 
porcello nihil, pro sue porcellos habente unum denarium ; et sic dat pro 
porcis suis quolibet anno, licet ad astrum suum eos pascat sive copia 
glandis fuerit, sive non.' Again, 309 : ' et licet porcos suos domi retinuerit 
in anno quo copia glandis fuerit, nihilominus pro eis dabit pannagium.' 
And i. 323, 335, 345 ; Claud. C. xi, f. 121 : ' sive mittat sive non mittat.' 

2 Rot. Hund. i. 6. Compare Glouc. Cart. iii. 208 : ' De pannagio 
praestando pro porcis haesitant juratores quia nunquam viderunt ipsum 
pannagiare porcos suos.' 

3 Rot. Hund. ii. 18, 40, 710 ; i. 25, 26, 33, 152. Reg. Wore. Pr., p. 145. 
Abing. Cart. ii. 22. Burt. Ch., p. 129; cf. Sel. PI. For. and Manvvood's 
treatise. 

4 Burt. Ch., p. 129. Ram. Cart. ii. 37, 48. Rot. Hund. i. 25, 26; ii. 
18, pass. 

5 Claud. C. xi, ff. 96, 229, and elsewhere for instances of pannage paid 
or not paid for sows. 

6 Glouc. Cart. iii. 50, 53, 66, 79, 88, 124, 125, 138, 140, 143, 182, 200, 217. 

7 Rot. Hund. ii. 758: 'suemque lactantem cum porcellis quietam 
habebit,' and 764, 768, 775, 785, pass. 

B Abing. Ch. ii. 301. 

9 Ashmol. MSS. 864, quoting Bl. Bk. Coventry, f. 5 : 'et dabit pan- 
nagium pro porcis suis scilicet pro quolibet porco unius anni id. et pro 
porco infra annum ob. Et si habet decern porcos dabit unum porcum et 
tunc non dabit argentum pro aliis infra decern sed si excedat decern dabit 



ch.hi] PASTURE AND ESTOVERS y 3 

Burton, 1 Battle, 2 St. Paul's, 3 Ely, 4 Ramsey, 5 and in North- 
umberland. 6 In Shropshire 7 and Wiltshire 8 the rate 
was higher, 2d. a yearling, a penny a half- yearling ; and in 
Ramsey, too, sometimes 2d. was paid for a yearling, a half- 
penny for a half-yearling, and a farthing for a little pig of 
three months. 9 Battle Abbey tenants sometimes paid 2d. for 
pigs of ' fullest age ', while for younger ones the amounts 
were graduated. 10 

Other payments occur which were closely connected with 
pannage, or were probably the same payment under other 
names. Retropannaginm, which is especially common in 
descriptions of royal forests, was the pannage paid for the 
agistment of swine after the termination of the ordinary 
season, that is to say, after Martinmas. 11 Tkac, which appears 
in St. Oswald's letter under the form tace or swinescead, and 
which with ciric sceott, toll, and the fulfilment of the law of 
riding made up the service of the riding men, 12, still lingers in 
the thirteenth-century register of Worcester, but has become 
a mark of villeinage, paid usually by tenants holding under the 
old assize, and occasionally by those holding under a newer 
arrangement. 13 When, however, land in villeinage was put at 
farm, the tkac, with the thol or payment for selling animals, 
was usually compounded for with a money rent, merchet and 

pannagium pro illis qui excedunt sed dicunt quod consueverunt habere 
suem matricem quietam de pannagio de gratia ballivi.' Cf. f. 17 : ' et dabit 
grestakes pro porcis suis.' 

I Burt. Ch., p. 73. 2 Batt. Abb. Cust, pp. 61, 79, 89. 

3 D. S. P., p. 51, cf. p. 67 : ' pro quolibet porco ... in stipula dabit j 
pullum galline.' 

4 Claud. C. xi, ff. 96, 117, 121, 244. 6 Ram. Cart. i. 289, pass. 
6 Rot. Hund. ii. 18. 7 Ibid. ii. 56. 

8 Batt. Abb. Cust., p. 75. 

9 Ram. Cart. i. 309, 356. 

10 Batt. Abb. Cust., p. 149, cf. p. 136. 

II Rot. Hund. i. 26: 'Dicunt quod idem I . . . habet retropannagium 
ita scilicet quod quando dominus Rex die S. Martini accipit pannagium 
suum omnes illi qui porcos suos habere voluerint ultra ilium diem sicut 
prius fuerunt in dominicis boscis dabunt pro quolibet porco dicto forestario 
i ob.' See Sel. PI. For., pp. 67, 124, and Rot. Hund. i. 25 ; ii. 56, 115. 

12 Kemble, Cod. Dip. 1287. Cf. D. B. B., p. 307, tace is ' apparently the 
pannage of a later time '. It has degenerated from a payment by the 
riding man to a test of servile status. 

13 Reg. Wore. Pr., pp. io b , 43 b , 5i b , 52 b , 56% 6l a , 69% 73 a > 75 b - 



74 CUSTOMARY RENTS [CH.III 

the lord's tallage alone remaining as distinctive marks of 
status. 1 Thac was paid according to the number of pigs held 
by a villein, and at the usual pannage rate ; a penny for 
a yearling, a halfpenny for a half-yearling, the money being 
due at Martinmas, and payment being enforced whether pigs 
were fed in the lord's wood or not. 2 Once it seems to have 
been paid in addition to pannage. 3 At Bury it was paid 
sometimes in the form of the fifth or the tenth pig, like the 
garsanese. A villein's father, we are told, paid thac [tliaciabat) 
for his swine, ' so that for all his swine he gave one, and he 
himself chose one, and the lord had the second.' 4 The ' thac 
of Westmore ' is mentioned in the roll of a Somerset manor, 
and the older form is preserved in the tak' porcorum of 
Northumberland, 6 and the tak of Hereford 7 and York, 8 and, 
in composition, in the Gloucestershire tliistcltake? the Cam- 
bridgeshire shepestake^ and the Staffordshire grestakcs. 10 Thac- 
silver, found on the manor of Glatton, Huntingdonshire, 11 may 
be another form of thac, or perhaps, since no connexion is 
made with the villein's stock, refers to some commutation of 
the service of thatching. The curious payments of Danger 
and Leafyield or leavesilver occur in Kent, duties payable by 
the tenants for leave to plough their land in pannage time, 
between Michaelmas and Martinmas, when it was thought 

1 Ibid., pp. 43 b , 73*. Cf. p. 59% and D. H. R., p. 74 : 'Quod quilibet 
pascat communem porcum.' 

2 Reg. Wore. Pr., p. 15 s : ' Villani dabunt Thac, scilicet de porco 
superannato, exceptis matricibus suibus, i denarium, de non superannato 
obolum, scilicet die sancti Martini.' See pp. 66 a , I04 a , Introd. xJi. 

3 Ibid. pp. 14% 19A 4 Had. MSS. 3977, f. 94. 

8 Bath and Wells Vac. Roll, 1131/3 : ' (Kingsbury, Somerset) . . . et de 
\xs. de Thac' de WestmorV 

6 Mon. Angl. iii. 321: ' Decima Feni cum Tak' Porcorum' ("Temp. 
H. VIII). 

7 Hazlitt's Blount's Tenures, p. 32 : ' Terra Custumaria . . . et debet 
quasdam consuetudines, videlicet tak et toll et faldfey et sanguinem suum 
emere.' 

8 Mon. Angl. i. 417 : ' tol, tac, et mercet.' 

9 York Vac. Roll, 1 144/1 : ' et de xs. vij</. de operibus custumariorum . .. 
cum pannagio quod dicitur thisteltake . . .' Scrutton, p. 40, and Hazlitt's 
Blount's Tenures, p. 123 : ' Thisteltac for killing a swine over a year.' 

10 See below. 

1 Rot. Hund. ii. 657 : ' Item dat obolum de thacsilver.' For thatching 
services see D. S. P., pp. 55, 62, and passim in manorial custumals. 



ch.iii] PASTURE AND ESTOVERS 75 

that ploughing might be a danger to the lord's right of 
pannage. 1 

Herbagium. The payment made for the pasturage of 
animals other than swine ' horn under home ' 2 on the demesne 
of the manor was called herbage. ' Agistment was of two 
kinds : first, the herbage of the woods and pastures, and 
secondly of the mast of trees ; the latter was called pannage.' 3 
Herbage was, like pannage, an important source of revenue to 
the lord. Both payments are noted regularly, for example, in 
the receipts from the manors of Winchester, sometimes one 
and sometimes the other being the greater. 4 Once in Win- 
chester records the payment seems to have been made in 
sheep, 5 not money, a survival of a custom resembling the old 
gaerswyn. For animals turned on the common of the vill as 
well as for those fed on the pasture of the demesne herbage 
was sometimes paid. Thus at Glastonbury the villata declares 
that the pasture ought to be divided into two parts, and the 
lord ought to have the half he chooses for his own uses, and 
the villata the other half. The lord may have his half in 
defence from Purification to Midsummer ; the villata should 
pay a penny to the lord for every animal turned to pasture on 
its half. Sometimes, on the other hand, a certain number 
could be turned on the common pasture without payment by 

1 See Robinson, Gavelkind, p. 219 : showing pannage in the weald to 
be a very important privilege and rent. A court was held once a year 
called curia legalis ; with which compare the court of the Denes, and 
Kemble, i. 483. See also Robinson, Gavelkind, p. 214: 'by the custom of 
Droveden the lord was to retain all great oaks, ash, and beeches, and 
pannage on land of tenants in gavelkind. The tenants had underwood.' 
And p. 216. See Faust, A. I, f. 43 : for drofdenne and donger or danger ; 
and Misc. Bks. Augm. Off., vol. 57, f. 15 : 'pro Danger et lefield.' Cf. 
f. 82 b . 

2 Claud. C. xi, f. 235, et pass. 3 Burt. Ch., p. 129. 

4 Winch. Pipe Roll, p. I : ' Idem reddunt compotum de v. li. ixs. \]d. de 
pannagio. Et de xxjj. viijrt'. de herbagio.' And pp. 5, 9, II, 16, pass. 

5 Ibid., p. 22 : 'Et de xlvij ovibus de consuetudine herbagii post partum 
et ante tonsionem.' See below under Lamselver. 

6 Mich. Ambr. Rent., p. 67 : ' Item villata dicit quod pastura dividi debet 
in duas partes equales et dominus habebit quam partem eligere voluerit 
ad opus suum, et villata alteram. Et pro quolibet animali quod in parte 
sua villata habuerit, habebit dominus jV. scilicet super ilia medietate 
quam villata habuerit. Et dominus habebit partem suam in defenso 
a Purificacione usque ad Vincula. Sed postea communicabit tota villata 
ubique cum Domino.' Also p. 101. 



7 6 CUSTOMARY RENTS [ch. in 

the villein, while for all in excess of that number he must pay 
the lord. The rate of payment varied with the custom of the 
manor. On a manor in Oxfordshire one horse, six oxen, six 
pigs, fifty sheep might be turned into the common pasture with 
no payment except the pannage ; for more than this number 
herbage was due. 1 Common on Dartmoor was paid for at 
the rate of a penny for every work beast, 2d. for a horse, but 
it should have been paid for at the rate of only a halfpenny 
for an ox and a penny for a horse. 2 In Abingdon there was 
given at ' faldrove ' a penny for every yearling ox or cow, and 
a halfpenny for one that was younger : a penny for every ten 
sheep, a halfpenny for every nine sheep. 3 On St. Paul's manors 
the rate was $\d. for every animal in the lord's pasture. 4 
A special payment was made to Peterborough for goats, 5 
because they injured the herbage. 

The common terms for herbage rents in the east of England, 
especially on Ely and Bury manors, were conpenny, cupeny, 
cusilver, and busaginm, bosing, bosingsilver, and bossilver. 
Bullock silver and oxpeni also occur. Cupenny occurs with 
great regularity on Norfolk manors, and is sometimes described 
in detail. Thus in Brigham 6 it was paid from a virgate at the 
following rate : one ox a penny, one cow a penny, one bovettus 
a penny, one jnvenca of three years a halfpenny, unless she lie 
at the lord's fold. In Feltwell the rate was the same. 7 The 
cattle of the villata pastured horn tinder home, and a plena 
terra paid for a cow a penny called cupeny, for a bullock 
a penny called bullockpeny. Cottars and anilepimen paid at 
the same rate. The cnpeny is mentioned also in Cambridge- 

1 Rot. Hund. ii. 757: 'Tenet viij acras terre cum pertinentiis et 
habebit j equum vj boves 1 oves in communi pastura bosci quietos salvo 
domino pannagio porcorum.' 

- Rot. Hund. i. 76, 77. 

3 Abing. Ace. ii. 301 ; and see also Drove, infra. 

4 D. S. P., p. 51 : ' Omnes . . . debent de pastura v ovium in estate dare 
]d. et in hieme pro x ]d. et de singulis animalibus iij. ob. per annum si ad 
pasturam domini venerint similiter de equis et de singulis porcis )d. pro 
Garsavese.' 

Chron. Petrob. App., pp. 157, 164; cf. Burt. Cb..,.p t .i2c.. 

6 Claud. C. xi, f. 250: ' Summa de cupani per annum innumerabilis est 
quia quandoque plus quandoque minus.' 

7 Ibid. ff. 254, 255, 257. Cf. f. 258. 



:h.iii] PASTURE AND ESTOVERS 77 

shire 1 and in Suffolk. 2 In the Cambridgeshire instance the 
:ustomary tenant enclosed for every cow one perch length of 
hedge around the crops, a service somewhat similar to which 
was performed on the Battle manor of Apuldreham in Sussex, 
where every cottar possessing a cow reaped and bound one 
half-acre of oats. 3 On St. Edmund's manors cusilver, which 
is once written eulsilver, was common, and oxpeni also occurred. 4 
In Wiltshire veal money is mentioned. 5 

Bnsagium also was a payment connected with the pasturage 
of cows, 6 but was paid more particularly, on a Ramsey manor 
at least, for the right on the part of the customary tenant to 
fold his own cattle. 7 It was paid at the rate of a penny for 
a full-grown cow. The Ely bosing, bosingsilver, or bossilver 
seems to have been paid for the pasture of the cart-horse with 
which carrying service was performed. It occurs at Wisbech, 
Cambridgeshire, 8 at the rate of a penny from a plena terra, and 
at Leverington 9 at the rate of a halfpenny from those tenants 
of messuages that had horses and carts. It is possible, how- 
ever, that bosingsilver may refer to some commutation of carting 
service. Bossilver occurs once. 10 

1 Claud. C. xi, f. 64 : ' De consuetudinibus censuariorum . . . et si habeat 
bovem vel bovetum vel iuvencam dabit de kupeni per annum pro qualibet 
unum obolum quam cicius aliquem dentem jactaverit et claudet pro 
qualibet vacca unam perticatam sepis ante segetes domini.' Cf. Ely Vac. 
Roll, 1 132/10. The manors on which it is recorded are the same as 
those in the custumal. 

2 Claud. C. xi, f. 310. 

3 See above note and compare also Batt. Abb. Cust., p. 56 : ' et qui- 
cunque eorum (maiores cottarii) vaccam possideat debet pro vacca metere 
j acram avenae et ligare.' 

4 Harl. MSS. 3977, f. 94, for 'oxpeni'. 

5 Hazlitt's Blount's Tenures, p. 33. 

6 Min. Ace. 945/2 : (Walsingham Parva, Norfolk) '. . . et de \d. de busagio 
unius vacce.' Cf. Norwich Vac. Roll, 1141/1 ; Eccles: among customary 
conszietudines; Ely Vac. Roll, 1 132/10. 

7 Ram. Cart. i. 402 '. . . si habuerint vaccas, dant ad busagium unum 
denarium, et pro juvenca pregnante unum obolum, et pro eo quod non 
jacebunt in falda domini.' Cf. iii. 266. 

8 Claud. C. xi, ff. 80, 8 1 : 'Si unusquisque tenens unam plenam terram 
dat de bosingsilver unum denarium.' Ely Vac. Roll, 1 132/10 : ' redd. voc. 
bosing, grippure shepestake.' 

9 Claud. C. xi, f. £5: 'unusquisque predictorum mesuagia tenencium 
dabit de bosingsilver unum obolum (S. Mart.) ... si habeat equum et 
carectam.' Cf. f. 82. 

10 Tiber. B. ii, f. 237. 






7 8 CUSTOMARY RENTS [ch. in 

Other pasture payments for cattle were splotgabulum, a 
Winchester rent on the manor of Walda, 1 and lesselver, a rent I 
found commonly on the Battle manor of Brightwalton, Berk- 
shire, 2 paid for every animal of two or more years on the feast 
of St. John Baptist. Lactagium was paid for the pasturage of 
cows on the manors of Bath and Wells, 3 and lacsulfer at 
Abingdon. 4 

Animals had to be guarded so that they might not injure 
the crops or wander from the manor, and this duty was 
performed either by regular herdsmen paid by villein con- 
tributions or by the villeins themselves in turn. 5 In Durham 
manors the guarding was called hirsill, and if it were not 
properly kept a penalty was attached, 6d. for a pig in the corn, 
id. for a duck astray. After St. Cuthbert's day in March no 
one might allow his beasts to leave the vill without hirsill. 6 If 
beasts of strangers wandered on the lord's commonable waste 
in Norfolk resting geld was taken by the lord, 7 and in Lanca- 

1 Winch. Pipe Roll, 83, under Purchasia, with fines from certain tenants 
for breach of pasture regulations. 

2 From the Anglo-Saxon laes, pasture. See Batt. Abb. Cust., p. 60: 
a virgarius should give the lord 'pro quolibet animali aetate duorum 
annorum vel amplius ... ad festum S. Iohannis Baptistae unum denarium 
quod vocatur Lesselver.' See Index, p. 165. It occurs also in the account 
rolls of the manor, e.g. 742/17: ' de lesselver ad festum S. Iohannis hoc 
anno \}s. viij^/.' Again, 742/18-19. 

3 Bath and Wells Vac. Roll, 1131/3: 'de lactagiis scilicet de vaccis 
Episcopi defuncti pro pastura. Idem reddit compotum de lij\y. xjd. ob. 
reeeptis de lactagiis xxxj vaccarum Episcopi defuncti commorantium 
ibidem in pastura perxlj dies, videlicet de qualibet vacca per diem obolum 
pro pastura et custode earundem.' 

4 Abing. Ace, p. 37 : ' De lacsulfer vij.?. 5 

5 Burt. Ch., p. 26; D. S. P., p. 105 : ' omnes isti ponunt faldam suam 
singulis annis super terram dominici ab hokedai usque ad advincula et 
habebunt ibi oves et omnia animalia sua. Et pro custodia cujuslibet 
averii dant Bercario domini iij ob. exceptis ovibus quas ipsimet custodiunt 
et pascuntur in communi pastura domini a pascha usque ad festum 
S. Michaelis et si ita non custodiuntur non dabunt argentum.' Rot. 
Hund. i. 35 : land called ' sceperdeslond ' held for guarding king's sheep ; 
ii. 745 : cottar guards swine and has the ' markinghog '. Cf. herdershift 
and scheftersitlver. 

5 D. H. R., pp. 56, 59, 61, 74, 148, 167 ; 101 : ' Ordinatum est ex com- 
muni assensu quod quilibet eorum veniat ad preceptum prepositi ad 
ponendum freth' hircill et omnibus aliis ordinacionibus ad communem 
proficuum.' 

7 Scrutton, Commons, p. 40 ; Blomefield, Norfolk, ix. 294 : ' Also he 
claims liberty of resting geld, of the beasts of any strangers resting one 



bH. Ill] PASTURE AND ESTOVERS 79 

Ihire, Cheshire, and Gloucestershire thistletake was paid for 
jjeasts on the common if ' only as much as a thistle were 
:ropped 7 Escapwm was ' money paid for beasts escaping 
nto forbidden enclosures '. 2 The forest proceedings show 
arge fines given for escapittm. 

Drove was probably the commutation of a service of driving 
put the cattle of a village into pasture. 3 The commuted 
service occurs in King's Barton, Gloucestershire, in a late roll, 
which mentions also under exihis manerii $s. derived from 
j drifft' pullanorum \ 4 The ' forth drove ' and forth drovesilver 
of Ramsey should be compared with drove, the former repre- 
senting probably the uncommuted form of the service. 5 With 
forth drove should be compared also the faldrove of Abingdon. 6 
In Kent 7 land was held by the service of driving cattle to 
market or pasturage, and hence was called droveland. The 
drofmanmis was in charge of the drove. There was also on 

night on the common of the said village, in shack time, or in the time 
when the lands are enclosed of any tenant . . . And he hath also another 
custom of resting-geld, that of all goods, chattels, things and merchandises 
coming to land by sea . . . resting upon the land one day and one night.' 

1 See above among pannage payments. 

2 Rot. Hund. i. 135 (Yorks) the bailiffs take escafnum 'videl. de bove 
\\\)d. de equo iiije/. 1 Cf. Sel. Pleas. For., p. 64, and Gloss., p. 141, quoting 
Duchy of Lancaster Forest Proceedings : ' Tota campania infra metas suas 
est in defenso per totum annum ; et similiter EydaP ; ita quod nemo 
habet communam nee accessum in eadem cum aueriis. Et si aueria vel 
animalia ibidem uenerint per eschapium, dabitur pro eisdem, videlicet, 
pro affro ij den' pro boue j den' et pro quinque ouibus j den., etsi hec 
inveniantur bis infra duo placita attachiamentorum foreste, quod si tercio 
inueniantur infra duoattachiamenta tunc debent appreciari ad opus regis, 
uidelicet, affrum prout valet, bos ad sex solidos, vacca ad quinque solidos 
et reliqui auerii (sic) minoris precii ad quatuor solidos et reliqui 
auerii infra duos annos ad duos solidos ; et ouis ad xij den' : et porcus 
superannatus ad xij den'.' (Duchy of Lane. For. Proc, Bundle I, No. 5, 
Roll 15 d.) 

3 Mich. Ambr. Rent., p. 92 : ' Et debet droviare semel in anno versus 
Glaston.' And p. 44: ' quoddam iter quod vocatur Drofwei.' Compare 
Tiber. B. ii, f. 154: 'Tenet unam dravam.' 

4 Min. Ace. 850/10 (13 H. V.): ' et de xxxs. \]d. ob. de quadam con- 
suetudine vocata Drove ad idem festum (S. Michaelis) . . . et de vs. de 
drifft' pullanorum hoc anno in Kingswode.' 

5 Econ. Cond. Ram. Man., p. 84, and App., pp. 58, 63, pass. : to shepherd, 
swineherd, &c. ' pro forthdrovesilver ijs. ex consuetudine,' a rent to the 
herdsmen. 

6 Abing. Ace. ii. 301. 

7 Robinson, Gavelkind, p. 215. Cf. Faust. A. I, f. 43 : ' Inde debetur 
drofdenne et donger.' 



8o CUSTOMARY RENTS [ch.iii 






Winchester manors the payment of innynge or innedge money, 
an annual rent for turning the cattle into the 'hams' or 
meadows when other pastures were under water. 1 

Faldaginm. The payment made for the folding of sheep, ; 
and sometimes of cattle also, outside the lord's fold was usually 
called faldagium. At Abingdon faldgahd occurs, 2 with which 
should be compared the oxfoldgable of Southampton. 3 Regu- 
lations regarding the folding of sheep, the old soca faldae, are 
often described in detail in the custumals, and large receipts 
derived from faldage payments are entered in the bailiffs' 
accounts. The distinction implied in Edward the Confessor's 
writ still held/ and the obligation to have sheep at the lord's 
fold was considered a mark of villeinage ; men that folded 
their sheep at the lord's fold, that is to say, were usually 
villeins, although not all villeins were subject to the restriction. 
From this point of view faldage should be included among 
the condition payments. 

The account in the Ramsey custumals of the faldage j 
requirements is unusually full. If a villein had but one sheep 
he might keep it at his own fold, if he had many, more than 
six, he must put them in the lord's fold. 5 The sheep of cottars 
and strangers, 6 and in St. Ives, of strangers and of those that 
had no land in the Vicus Pontis, the chief street of the fair, 
were kept at the lord's fold. 7 In Girton both those that had 
land, and those that had not, 8 used the lord's fold from Hoke- 
day to Martinmas. The abbot's fold was moved constantly 



1 Blead. Cust., pp. 198, 201 : 'et }d. ob. de redditu ad hokedaij que 
dicitur innynge ut possit habere ingressum in pastura in parte australi 
prati domini.' Compare Mich. Ambr. Rent., p. 159 : ' Memorandum quod 
omnes villani . . . donant pro qualibet vacca quam habent uno anno pro 
ingressu libero habendo in Serphan ]d. et altero anno ob.' 

s Abing. Ace. App., p. 143 : ' Of faldgabul nothing because no fold.' 

3 Mon. Angl. ii. 457 (temp. H. VIII) : ' Redd. Cust. tenenc. voc. oxfold- 
gable.' 

4 D. B. B., pp. 76, 77 and note, p. 91. Gr. of Manor, pp. 181-2. Eng. 
Soc. in Elev. Cent., pp. 387, sqq., 424, 435. 

5 Ram. Cart. i. 416: ' Ponet in falda domini Abbatis omnes bidentes 
suos, si plures habuerit, et Abbas inveniet custodem ad custum suum,' 
and ibid. i. 419. Cf. iii. 267. 

6 Ibid. i. 332. * Ibid# 1 2 g 4> 
8 Ibid. i. 495. 



! 



ch.iii] PASTURE AND ESTOVERS 81 

from place to place, and the maintenance of it was part of the 
labour service of the villeins. 1 

Interesting faldage regulations regarding cattle as well as 
sheep are common in Eastern England and Kent. Thus, in 
a Canterbury manor sheep fed in a common pasture called 
' tunmannemers ', and in the marsh, were kept at the lord's 
fold from Hokeday to All Saints, and all oxen and cows were 
paid for, 2 and in an Ely manor in Norfolk a plena terra gave 
for faldagium for every ox a penny, for every sterile cow 
i a penny, for every juvenca of two years a halfpenny, and for 
every five sheep a penny, and by reason of this payment 
neither sheep nor other animals were required to lie at the 
lord's fold. 3 The Glastonbury faldicinm was paid for cattle 
and for sheep. 4 The faldagium payment for cattle seems to 
be equivalent sometimes, as has been said, to busagium. 

A few other payments connected with the keeping of sheep 
appear in the custumals and elsewhere. In Kent a lamb peni, 
lamselver, or lamgabtdum, 5 is fairly frequent. It seems to have 

1 Ram. Cart., ii. 28 : ' Et debet ducere valdam Abbatis de uno loco ad 
alium locum cum villata.' Cf. Claud. C. xi, fif. 129, 130, and Winch. Pipe 
Roll, p. 44, the pof/a/da. 

2 Add. MSS. 6159, f. 187 : ' Item est ibi pastura communis que vocatur 
tunmannemers et omnes oves que pascantur in illo marisco . . .' are to 
lie at the lord's fold from Hokeday to All Saints ; and so also all oxen 
and cows, for which a payment is to be made of 2d., but id. for a bovettus. 

3 Claud. C. xi, f. 225 : faldagium is given ' pro bobus boviculis multo- 
nibus et hogastris suis et pro qualibet juvenca etatis duorum annorum'; 
f. 229 : faldage is paid ' et ideo nee oves nee alia averia sua jacere 
debent in falda domini ' ; and f. 244. Cf. Harl. MSS. 1005, f. 71 : * Nota 
quod quilibet potest habere faldam de animalibus ita scilicet pro quolibet 
animali duorum annorum et amplius dabit jd. domino vel iacebit in falda 
domini exceptis animalibus liberorum hominum preter R. . . . qui debet 
habere in falda domini iiij boves pro omnibus animalibus suis.' 

4 Mich. Ambr. Rent., p. 101 (Da'merham, Wilts.) : ' debet dare faldicium 
ad Hockeday, scilicet, pro qualibet vacca )d et pro qualibet juvenca vel 
boviculo duorum annorum ob. et pro quolibet amullo superannato qu. et 
pro iiij ovibus yi. et habebit j cuillardum quietum de faldicio.' Cf. p. 109 : 
*. . . non habebit aliquem bovem in pastura domini nisi illos quos 
aquietabit per grashurde.' 

5 Add. MSS. 6159, ft 30, 60: Lambpeni at Assumption 6d. ; and f. 26 
2 lambs to be paid in summer; Faust. A. I, f. 120: At Littlebourne 
a half sulung gives 'ad lamselver vjd.' ; f. 124: 'lamgabulum' ; f. 29: 
' De eisdem sull' reddent duos agnos separabiles ad festum Sancti Iohannis 
et illos solebat dominus colligere per bedellum et pastorem suum apud 
domos sullmannorum ' ; cf. f. 16. Cf. Cust. RofL, p. 3 : 9 juga of Gavel- 
land give 9 lambs at Easter ; pass. 

C. R. G 



i 



82 CUSTOMARY RENTS [ch.iii! 

been the commutation of a rent in kind of two lambs, which 
the lord collected from the houses of the ' sullmen ' on St. John 
Baptist's day, or elsewhere of one lamb from a sulung, com- 
muted for sixpence. At Ramsey a rent was paid de separa- 
clone agnorum} Lambs were paid at Norwich and Worcester 
also, 2 probably as pasture rents resembling the gaerswyn, 
although they may be parts of an old food-rent. Once a similar 
rent of sheep de herbagio was collected on a manor of Win- 
chester, 3 with which should be compared the rent on Ramsey j 
manors of wether silver > or the penny ad arietemf for supplying 
a wether to the flock, a rent occurring again at Kettering, 
Northamptonshire, 5 and on Glastonbury manors, 6 where 
either a penny or a lamb was given on Hokeday. A rent 
called sliepestake is found on the Ely manor of Wisbech, in 
Cambridgeshire, probably a pasture rent, like thisteltake, in the 
north. 7 On the manors of Bury shepsllver, or schepsilver, was 
common at the rate of a penny for six sheep, or, once, for 
eight sheep. 8 In Norfolk it was sometimes the custom to 
pay herdershift for the maintenance of the shepherd, 9 and in 

1 Econ. Cond. Ram. Man., App. p. 4. 

2 Norw. Vac. Roll, 1141/1 : (Thornham) ' Et de xxiijj. \d. ob. de vj. qu. 
salis, cxiij gallinis de iiij x * ovis j libra cimini et ij agnis de redditu ' ; and 
Reg. Wore. Pr., p. io b : ' Quilibet . . . dabit in ebdomada Pasche pro 
alba ove cum nigro agno \d. et thac et thol.' 

3 See above. 

4 Ram. Cart. iii. 272, Wistowe : the villani give two arietes. i. 357 : ' pro 
multone jd.,' on St. Benedict's day. iii. 254, Warboys : ' ]d. ad arietem.' 
i. 309 : ' pro multone ]d: iii. 271, Upwood : \d. on St. Benedict's day ' ad 
arietes emendos '. i. 345 : < et ad festum S. Benedicti pro VVethersilver 
obolum ' ; cf. i. 314. 

6 Compotus Ketteringe (1292), p. 4 : ' Et de vs. de consuetudine de 
wethersilver in festo Apos. Petri et Pauli' ; p. 45, \\d. a virgate. 

B Inqu. 1 189, p. 65 : ' In die hoccadei xij tenentes Hildrodi debent dare 
vnam ovem cum agno.' And pp. 70, 73: 'ad hoccadei unum denarium ad 
ovem quandam'; p. 125 : ' Preterea de herbagio pro unoquoque averio debet 
arare ad seminandum unam acram et ad warettum j acram preterea debet 
dare domino decimum agnum. Et erunt reliqui in custodia domini 
a tempore quo ablactantur usque festum S. Iohannis ' ; cf. p. 138. 

' Ely Vac. Roll, 1 132/10: 'redd. voc. bosing' grippure shepestake.' 
Harl. MSS. 3977, f. 37 : « De scepsilver pro vj ovibus }d.' Also ff. 37, 
38,39,83^94, 99; and Ha'rl. MSS. 1005, f. 69: ' De scepsilver pro vj 
ovibus jd.' ; but f. 72: ' De cepsiluer v sol. quandoque plus quandoque 
minus scilicet pro viij t0 ovibus i [d.] ad voluntatem domini.' 

Blomefield, Norfolk, ix. 294, Eccles : 'He also hath other custom, 
heweschift, reveshift, hirdeshift, ingeld* felsne, and bedgild. Herdershift, 



£H. Hi] PASTURE AND ESTOVERS 83 

Norfolk and Suffolk the lord had sometimes the right to 
shack, 1 or ' the liberty of feeding his sheep at pleasure on his 
tenants' lands during the six winter months '. 

In addition to payments directly connected with pasture, 
the lord of the manor derived certain other profits from the 
woodland and waste. The most important of these rents were 
connected with the estovers taken by the villeins, especially 
the common heybote and housebote. Housebote was the taking 
of wood for the repair and building of houses, and is used to 
denote both the privilege and also the rent paid for the 
privilege. 2 On the manor of Wye in Kent the appearance of 
housebote among a villein's obligations was regarded as a sign 
of villeinage. Three juga and a virgate which were free were 
yet held by the same rent as servile tenements, except that 
they did not carry, housebote {husbotant), or brew, ' which seems 
remarkable,' the extent goes on to say, ' since each pays Js. $d. 
in the manner of those that carry.' 3 

Heybote or hedgebote was the villein's privilege of taking 
hedging material (heyningwode and the like) from the demesne 
and waste, and his payment for the privilege. 4 Heybote was 
especially common in the West of England, and occurs also 
in Wales. 5 It should be distinguished from heggingsilver , and 
hey nwode silver, the commutations of the service of setting 
hedges and collecting hedging-material for the lord. Occa- 



whereby the whole homage ought every year to choose one shepherd for 
whom they ought to answer,' cf. D. S. P. p. 105, and schepersulfer. 

1 Charnock, Man. Cust. Essex, p. 7 : 'In the former county (Norfolk) 
shack extended to the common for hogs in all men's grounds from harvest 
to seed time, whence to go a-shack is to feed at large; and in New 
England shack is still used in a somewhat similar sense for the food of 
swine, and for feeding at large in the forest.' 

2 Rot. Hund. i. 14, 21 ; ii. 336, 838 ; cf. Dugdale, Antiq. Warw. 11. 911 : 
Sutton : heybote and housebote are ' secundum quantitatem tenurae per 
visum forestariorum et woodewardorum temp. Quad, sufficienter pro haiis 
et domibus emendandis super bondagii tenura'. 

3 Batt. Abb. Cust., p. 131. Cf. p. 133. Index, p. 165. 

4 Rot. Hund. i. 14, 21 ; ii. 336, 838. Kennet, Par. Antiq. 1. 295 ; 11. 137. 
Canterbury Vac. Roll, 11 28/4. 

5 Denbigh Survey, f. 147, and Mich. Ambr. Rent., p. 83: ' Et debet habere 
husbote ad aulam suam de bosco domini et haybote similiter sine vasto 
per liberacionem ballivorum et debet habere wdetale contra Natale . . . et 
debet habere wenbote.' 

g a 



8 4 CUSTOMARY RENTS [CH. ill 

sionally other botes are mentioned, for example the cartbote 
or ivenbote, the ploughbote, and the firebote} the taking of wood | 
for the carts, the ploughs, and fuel. 

Other rents were paid by the villeins for the use of special 
bits of meadow or other lands. A rent for a meadow ' halew' 
occurs on the Ramsey manor of Hemingford Abbot's 2 ; med- 
silver occurs in Kent, 3 and medweselver in East Anglia. 4 
Medgavel and brechegavol were probably similar payments 
made at Glastonbury for the use of meadow and breches, or 
for haying services. 5 The Ramsey hanger londsilver was pro- 
bably paid in years when a certain piece of land was sown. 
The word hangra has been taken to mean a wood on a hill- 
side. A passage in a Wistowe account-roll records the 
omission of the rent in a given year * because it (the hanger- 
lond) was not sown ', and the payment of the rent in years 
when the land was sown. 6 

Side by side with the rents paid for the pasture of cattle 
and other animals and for special privileges, may be placed 
the rent paid on houses, although perhaps it might equally 
well be considered in connexion with the landgafoL The 
common hawgafol, or house rent, of the towns does not occur 
by name in the rural districts of England, but there is a rent 
recorded for the Ramsey manors in Huntingdonshire which 
looks very much like it, 7 the heuschire or heusire of the 

1 Hone, Manor., p. 114; Mon. Angl. iv. 327 : ' hedgeboote, fyer- 
boote, plowboote, et carteboote.' Cf. D. S. P., p. 158*. 

s Rot. Hund. ii. 680. Cf. Glouc. Cart. iii. 50 : ' Tota villa de Clifforde 
dat in communi de annuo redditu pro quadam parva pastura scilicet [in] 
quadam via sex denarios.' Cf. 171 : All villani of village hold 23 acres 
of meadow called Hay, and pay 2f$.y. 3d. 

3 Add. MSS. 6159, ff. 174, 182. 

* Add. Ch. 37,763 : Poss. Elien. in Norfolk, temp. Edw. iij. 

6 Mich. Ambr. Rent., p. 54, a list of those paying medgavol for bits of 
meadow; p. 55, Brechegavel paid at Michaelmas when the eastfield was 
cultivated. 

6 Econ.Cond. Ram. Man.,pp.67, 7i,andApp. p.2o(Rollof 1307): '. . . et 
de hangerlondsilver iin//. quia seminatur hoc anno'; p. 42 (Roll of 13 16), '. . . 
et de hangerlondsilver nichil quia non seminatur hoc anno'; p. 74 (1368), 
4 De j acradimidia hangylondi quae reddit solutum xiyL quando seminatur, 
hoc anno seminatur.' Cf. pp. 22, 53; Ram. Cart. i. 328: 'et tenet unara rodam 
super Hangrelande pro qua dat unum denarium.' Compare Reg. Wore. 
Pr., p. 5i a : 'pro longa hanga in mora de dominico'; and Crawford 
Charters, p. 134. 

7 Econ. Cond. Ram. Man., p. 52. 



CH.Hl] PASTURE AND ESTOVERS 85 

Ramsey Cartulary and the Hundred Rolls. This was an 
ancient rent, mentioned commonly in the earlier as well as 
in the later extents, 1 and paid usually at the rate of \id. or 
\^d. a virgate, 2 6d. a cotland, 3 at the terms of the feasts of 
St. Andrew and St. Benedict. 4 Occasionally the extents 
seem to indicate that the possession of a croft implied 
keusire. 5 The assumption that heusire is a form of house 
rent or ' house hire' is borne out by the Liber Albus, where 
the actual word househire occurs. ' Et issint, d'arrester pur 
househir devaunt le jour, si le tenaunt sort futif ' ; the mayor 
or sheriff, that is to say, was accustomed to arrest for house- 
hire before the day on which it was due if the tenant were 
about to abscond. Hussilver, common in Norfolk, looks like 
the same payment. 7 Husegabell occurs at York 8 and stede- 
gabol at Wells, 9 and highgabidl at Huntingdon, 10 perhaps 
different forms for the same rents. The termination -gavol 
seems to have been very common in towns. 11 

1 Ram. Cart. iii. 244; i. 381 ; iii. 280; i. 287; iii. 281 ; i. 298; iii. 253; 
i. 309 ; iii. 271 ; i. 344 ; iii. 279 ; i. 369 ; pass. ; Rot. Hund. ii. 600, 631 
(henthyre = heuthyre ?). 

2 Ram. Cart, espec. iii. 279, 280 : ' In Hoctona sunt triginta tres virgatae 
ad operationem. Et dant triginta tres solidos ad heusire. Et decern 
cotlandae dant quinque solidos. Et tresdecim toftae dant tresdecim 
solidos.' Cf. i. 287; iii. 281 ; i. 298 ; iii. 253 ; i. 309 ; iii. 306, 258: but see 
i. 381, &c. 

3 Ibid. iii. 279, 280; i. 296, 302, 369. 

4 Ibid. i. 287, 298, 335, 381, 487 : showing slight variations in terms at 
which paid. 

5 Ibid. i. 292 : ' sed Robertus (a virgater) non dat heusyre sicut 
Ricardus, quia non habet croftam pertinentem mesuagio sue' Cf. i. 478. 

6 Liber Albus, p. 220, Eng. trans, iii. 55. For heushire, eusier, cf. 
heusebonde. (R. C. i. 426, 457.) 

7 Norwich Vac. Roll, 1141/1 (Eccles) : ' et de xxxiijj. \)d. ob. de quadam 
consuetudine vocata hussilver . . . et de vijj. xd. de consuetudinibus custu- 
mariorum videlicet faldagio bosagio hildersilver et hussilver.' 

8 York Vac. Roll, 1 1 44/1 : ' Et de xlviijj. i'i}d. de husegabell' et tolneto 
nundinarum.' 

9 Bath & Wells Vac. Roll, 1131/3: ' iij-r- iii}d. qu. de Stedegabel in 
burgo de Welles.' 

10 Mon. Ang. iv. 526. 

11 Rot. Hund. ii. 788. Winch. Pipe Roll, p. 77 and Gloss., ' burgabulum.' 
D. B. Add. pp. 535, 536. P. Q. W. p. 745- 



CHAPTER IV 
CONDITION RENTS 

A GROUP of rents of great interest in illustrating the tests 
in common use to determine a tenant's probable freedom or 
unfreedom are the condition rents, the liability to which was 
considered as generally indicative of villeinage, as establishing 
at least a presumption in favour of villeinage. Professor 
Vinogradoff has treated these rents very fully, and has shown 
how they, with other liabilities and obligations of villeinage 
closely allied with them, are evidence of the ' state of fer- 
mentation ' of the ' whole law of social distinctions '- 1 Two 
questions, he says, might be asked in cases where a man's 
status was to be determined : one regarding the certainty, 
or uncertainty, of his services to his lord, the other regarding 
the kind of services he owed. Sometimes one, sometimes 
the other was asked, and it is in the answers to the second 
that the most important references to the group of rents in 
question occur. 

The usual disabilities of the villein thus enumerated to 
prove villein status were : first, his obligation to pay merchet 
or vedfee, or gersuma when his daughter was married, some- 
times also when his son was married, leirzvite and childwite, 
fines for incontinence on the part of his daughter, and heriot, 
the ancient payment which went back to the surrender of 
a man's heregeat to his lord, and was the payment on the 
person analogous to the relief on the land paid by military 
tenants ; 2 secondly, his obligation to pay a tallage to his 
lord, usually at his lord's will. Less common, but still fre- 

1 Vill. in Eng., pp. 153-4, 82, 83. 

1 Bracton, i. 681 : ' There is another kind of payment which is called 
a heriott, and which has no comparison to a relief, to wit, where the tenant, 
free or serf, on his death remembers his lord from whom he holds, re- 
members him with his best beast, or his second-best beast, according to 
the custom of the country, which gift indeed is rather made of grace than 
of right, and which does not affect the inheritance ' (ed. Twiss, Rolls Series). 



,'ch. iv] CONDITION RENTS 87 

quent, was his obligation to pay a toll on the sale of his 
animals {tonnutum, tkol, stuck), which was often coupled 
with merchet. Other tests of status were the obligation to 
pay the Christmas hen and the Easter eggs, to serve as 
messor or reeve, to fold his sheep at the lord's fold, to grind 
at the lord's mill, 1 and also his subordination to certain regu- 
lations regarding the cutting of trees, 2 the tonsure of his 
sons, 3 the withdrawal from the dominium of his lord, 4 and 
the succession to land. 5 On Gloucester manors ' consuetudines 
noti taxatae quae ad terram suam pertinent' generally implied 
villeinage. 6 

While it may be said that the occurrence of such rents, 
services, and disabilities in the descriptions of a man's posi- 
tion certainly established a strong presumption against his 
freedom, yet, as Professor Vinogradoff has shown, none of 
these obligations alone, not even merchet, the most significant, 
can be taken as a final test, or one of universal application, 
both because they may fall, in exceptional cases, on freemen 
holding freely, 7 and also because they occur very irregularly 
in different localities, varying, for example, in two hundreds 
of the same county lying side by side. The fullest lists given 
in the Hundred Rolls are for Huntingdonshire, but frequent 
references to them occur in the rolls of Cambridgeshire, 
Norfolk, Suffolk, Lincolnshire, Oxfordshire, and Buckingham- 
shire, and the church custumals show the tests applied in 
other places. 

Of the three most common condition rents, heriot, merchet, 
and leirwite, Jieriot was probably the least characteristic as 
a test of villeinage, because it was paid in a fairly large 

1 See Ely, Extenta Maner. for good lists of such restrictions. 

2 D. S. P. p. 157*: ' vel arbores in haiciis suis extirpaverint vel succi- 
derint sine licencia.' 

3 For example, Reg. Wore. Pr., pp. 15 a, 83 b; Vill. in Eng., p. 156 ; 
Rot. Hund. ii. 722. 

4 Extenta Maner., Ely. 

5 Ibid., and Vill. in Eng., p. 156. 

6 Glouc. Cart. iii. p. 50, pass. 

7 The reverse is sometimes true, and villeins pay rents that are gene- 
rally characteristic of free tenure. Thus customary tenants in some cases 
pay scutage. See, for example, Rot. Hund. ii. 414, 417, 419, 458, 558, 563, 
580, 583, 584, 709, 784, 814, 815, 817, 849, 865. 



88 CUSTOMARY RENTS [ch. iv 

number of cases by men who were not villeins. It was paid 
by a freeman, 1 by a tenant who held land by charter, 2 or 
even by sergeanty. 3 It was often paid by the tenant of land 
ad censum? and it was occasionally paid simultaneously with 
relief. 5 It consisted sometimes of the payment of a horse, or 
saddle, or sword, or lance. 6 The ordinary heriot from the 
ordinary villein, however, was the best plough-beast or cart- 
horse. 7 Sometimes the vicar received the second-best beast 
when the lord received the best beast. 8 Occasionally the 
lord did not take the heriot at once, but left it to the wife 
for thirty days after her husband's death, to be rendered to 
the lord intact at the end of that time. 9 A curious passage 
in the description of Sutton in Warwickshire shows a con- 
fusion of heriot with feudal aids. After the death of his 
customary tenant the lord was to have in the name of heriot 
his best animal, 'and not more '. ' Neither goods nor chattels, 
neither during the man's life nor after his death, were to be 
taken, except only on the marriage of the lord's eldest son 
or daughter,' on which occasions the lord may have, if he 
will, the third of the goods of those dead ' before the adminis- 
tration of the executors ', and the half of the goods of the 
living, saving the necessary wainage. 10 

Especially in the later records the heriot was often com- 
muted for money, and there seems to have been a general 

1 Reg. Wore. Pr., p. 1 5 b : together with homage, curialitas, and relief ; 
Glouc. Cart. iii. 46, 49, 56, 149, 150, 170; Rot. Hund. ii. 871 ; Claud. C. 
xi, f. 1 76, pass. 

2 Glouc. Cart. iii. 46, 49. 

3 Ibid. iii. 150. 

* Batt. Abb. Cust., p. 1 ; Reg. Wore. Pr., p. 58 ; Glouc. Cart. iii. 48, 
J 33> 135, 140. 

J Hatt. Abb. Cust., p. 1, pass. ; Reg. Wore. Pr., p. 15 b. 

6 Glouc. Cart. iii. 49, 56, 150, 180; Rot. Hund. ii. 768, 871, pass. ; 
Ashmol. MSS. 864, f. 7. 

7 Glouc. Cart. iii. 43, 46, 59, 87, 143, 172, 204, 211 ; Ram. Cart. i. 411, 
416, 464; Reg. Wore. Pr., p. 15a; Claud. C. xi, f. 31; Harl. MSS. 
3977, f- 83. 

8 Glouc. Cart. iii. 133, 170, 172 ; Reg. Wore. Pr., p. 44 a. 

Claud. C. xi, f. 31 : ' et dabit de herieto meliorem bestiam. Ita tamen 
quod uxor eius habebit dictam bestiam post obitum ipsius ad sustinendum 
waynagium per triginta dies tantum tamen quod bestia ilia non deterio- 
retur' ; Ram. Cart. i. 350. 

10 Dugdale, Antiq. Warw. ii. 911. 



:h. iv] CONDITION RENTS 89 

endency to value it at 32^. or 2s. 6d. x Occasionally it was 
leavier. 2 Sometimes a year's rent was paid in place of 
1 fixed sum, 3 an arrangement which seems to connect itself 
rather with the fine for ingress on the part of the heir than 
with the original Jieriot. The fine for ingress and for egress 
is described in cases where a tenant could depart from his 
land, or take up other land ; thus onfare and offare were 
paid at Ely by a free tenant who still paid Jieriot.*- The 
iprovisions regarding the maintenance and remarriage of the 
iwidow of the deceased villein are various. They are described 
in detail in the Ely extent roll. 

Merchet was more generally characteristic of villeinage 
than heriot, and yet it, too, was occasionally paid by free- 
men. Thus the thegn in Northumberland paid it, 5 and also 
free tenants by military service of Durham. 6 The statements 
regarding it differ very much in different localities. In the 
west the phrase ' redimere filios et filias ' is common, and 
sometimes in the east too the fine was paid on the marriage 
of sons as well as daughters, or on the withdrawal of sons 
from the land. 7 In the east gerstnna usually appears for 
merchet? Different regulations were often in force for mar- 
riage inside and outside the lord's liberty. For marriage 
within the liberty there was usually no fee, but permission 
from the lord's bailiff was necessary. 9 In Kent, if a tenant 

1 Cust. Roff., p. 11: 'Si aliquis moriatur, Dominus habebit melius 
catallum quod habuit. Et si non habeat nisi unum equum, equus debet 
vendi et Dominus debet habere 30 denarios pro heriath, et vidua alios 
denarios'; Claud. C. xi, f. 35 (32 d) ; Batt. Abb. Cust., p. 156; Ram. 
Cart. i. 411, 416; Canterbury Vac. Roll, 1128/4; Worcester Vac. Roll, 

1143/18. 

2 Ram. Cart. i. 312, 325, 337 : a heriot of ^s. ; and the widow free from 
work tor 30 days. 

3 Misc. Bks. Augm. Off. vol. 57, f. 21. 

4 Claud. C. xi, f. 315 : ' Et si vendiderit terram suam in totum ita quod 
sibi nichil retineat nee velit in dominio episcopi remanere tunc dabit pro 
recessu suo qui dicitur offare triginta duos denarios et ingrediens pro in- 
gressu suo qui dicitur onfare dabit triginta duos denarios.' 

5 Red Bk. Excheq. ii. 564. 
Feod. Dun., p. 13, pass. 

7 Glouc. Cart. iii. 50 ; Reg. Wore. Pr., p. 15 a: ' et rediment filios, si de 
terra recesserint, et gersummabunt filias ' ; Batt. Abb. Cust., p. 67. 

8 For example, Claud. C. xi, ff. 160, 236. 

9 Batt. Abb. Cust., pp. 67, 89; Ashmol. MSS. 864, f. 5. 



9 o CUSTOMARY RENTS [ch. iv 

wished to marry his daughter to any one within the vill he 
informed the custos ville, and asked him to be present. If 
he wished to marry her to any one outside the vill, or if his 
daughter were his heir and he wished to marry her to any 
one whomsoever, he procured the lord's permission. 1 In 
Hertfordshire if a tenant married his daughter to a freeman 
within the vill, merchet was paid. 2 The fee for marriage 
between villeins within the vill, when it was exacted, was 
usually 1 6d. ; for marriage outside the vill it was 32^., or 
the best arrangement possible with the lord. 3 

The leirwite commonly mentioned with the merchet fine 
was sometimes fixed, 4 occasionally left at the will of the lord. 5 
In the east, especially in Norfolk and Suffolk, it seems to have 
been identified with childwite? 

Tallagium or auxilium custumariornm. The tallage or aid 
of villeins taken at the lord's will, a rent ' on the border-line 
between personal subjection and political subordination,' 7 
was almost as common an indication of villeinage as merchet^ 
and was more burdensome. Liability to be tallaged at the 
lord's will was not, except in rare cases, consistent with freedom. 8 
The tallage was paid annually — as a rule, at Michaelmas. The 
usual assessment was made on the land or chattels of the 
tenant, and the rate was variable and dependent on the lord's 

1 Cust. Roff., p. 2 : 'Si quis autem in predicta villa maritare voluerit 
filiam suam alicui de ipsa villa, tantumodo ostendet illud custodi ville et 
rogabit eum ut veniat ad nupcias et maritabit earn sic. Si quis vero filiam 
suam extra villam dare voluerit, non licebit ei hoc facere nisi per licenciam 
et voluntatem domini sui. Similiter si quis habuerit filiam heredem vel 
filias, non poterit eas maritare infra villam nee extra nisi per licenciam et 
voluntatem domini sui.' 

2 Claud. C. xi, f. 160: 'Si ... . filiam suam maritare voluerit alicui 
consuetudinario domini in ista villa tunc non dabit gersumam pro ea nisi 
roaritaverit illam alicui homini libero sive alicui de alieno feodo.' 

3 Claud. C. xi, f. 176 ; Ram. Cart. i. 472, 384 : ' Dat merchetum pro filia, 
sicut melius finire poterit, ita tamen quod non excedet summam quinque 
solidorum, sive maritando fuerit infra villam, sive extra.' 

* Harl. MSS. 3977, f. 83 ; D. H. R., pp. 61, 62. 
6 Rot. Hund. ii. 768, 770, 771. 

6 Claud. C. xi, ff. 223, 236, 249, 279; Harl. MSS. 3977, f. 37; Char- 
nock, Man. Cust. Essex, p. 6. 

7 Vill. in Kng., p. 162. 

i Rot. Hund. ii. 528, 530, 619, 620, 621, 623, 642, 651, 657, 705, 717, 
823, 829, 830, 832, 844, pass. In Claud. C. xi, f. 127, the free land from 
which it is due was once operabilis. 



I'H. IV] 



CONDITION RENTS 91 



/ill. Another method of assessment was probably on the 

-ill as a whole, an arrangement having been reached whereby 

he villata paid a given sum, a mark or a pound, to the lord, 

:alled the commune tallaginm, the distribution within the vill 

)eing left to the members of the villata. The payment thus 

j nade to the lord is not always easy to distinguish from rents 

like the fulstingpound or witepund, which were of quite 

different origin. The marcselver, aistumpand, and the curious 

xunnus census of Bury St. Edmunds, for example, may belong 

to either class. 

On the manors of Gloucester the customary tallage, since 
it was paid at Michaelmas, was called sometimes ' the aid of 
St. Michael '. x The rate was high compared with that of 
other customary payments, and the amount derived from 
a single manor was sometimes large, as much as £4, or 102s., 
or 8 marks. 2 The assessment was usually based upon the 
number of animals held by the villein and the amount of his 
land. 3 Thus the virgaters 'paid in common, each according to 
his land and the number of his animals ', for a horse, an ox, or 
a cow a penny, for a yearling ox a halfpenny, and for four 
sheep a penny. 4 Again, it is stated that if in the ' taxatio ' of 
the aid he have concealed an animal, the villein can be forced 
to take the oath, and, if convicted on the witness of his 
neighbours, he can be punished at the will of the lord. 8 
Sometimes the rate for a virgate is given, the amount being 
a penny an acre or less ; G sometimes, on the other hand, the 
total sum owed by the manor is stated, to which the customary 
tenants are said to give ' in communi'. 7 The aid was paid by 

1 Glouc. Cart. iii. 88,97, 10o > io 3> IIO » n 9> I2I > I2 4> *49> I5 8 , 167, 
pass. 

2 Ibid. iii. 88, 97, 104, 119, pass. The lists of amounts given, iii. 104, may 
be compared with those given in the descriptions of the manors. 

3 Ibid. iii. 53 : 'Et dabit auxilium secundum quantitatem terrae et nu- 
merum animalium.' Cf. pp. 50, 57, 62, 180, 185, 188, pass. 

4 Ibid. iii. 182. 

5 Glouc. Cart. iii. 208 : 'et si impositum fuerit eidem quod in taxatione 
auxilii aliquod animal concelaverit, potest cogi ad sacramentum prae- 
standum, et se super hoc purgandum, et si per vicinos suos convictus fuerit 
super hoc, puniendus est pro voluntate domini.' 

6 Ibid. iii. 100, 101, no, 121, 129, pass. 

7 Ibid. iii. 97, 133, 191, pass. 



92 CUSTOMARY RENTS [ch. iv 

the customary tenants generally, and occasionally by the 
censuarius or tenant of ' penilond ad vitam et ad voluntatem 
domini '. x It was not paid from land that had been bought 
free, 2 and was sometimes permitted to lapse on account of 
the poverty of the tenant. 3 The aid from free tenants some- 
times mentioned was apparently paid on special occasions, 
' quando currit ' ; 4 the customary tenants, on the other hand, 
were responsible 'quodam servili obsequio quod auxilium 
abbatis nuncupatur \ 5 It was paid beyond question to the 
abbot, and was called 'abbot's aid' in order to distinguish it 
from auxilium vicecomitis, which was also common, and which 
went to the abbot only if the franchise were in his hand. 6 

The evidence regarding the manors of Worcester Priory 
points also in the same direction of an annual aid collected 
by the prior from the customary tenants. Here too the time 
of payment was usually Michaelmas, 7 although an aid paid at 
other seasons is occasionally mentioned — the aid at the feast 
of St. Andrew, or at Christmas, or at Purification. 8 The aid 
when paid at Purification may have been the same as the 
' Pukerelleschild '. 9 On Worcester manors too the aid was 
due almost exclusively from customary tenants, and is often 
enumerated with thac and thol ' et hujusmodi ' as a sign of 
villein status. 10 It is interesting to observe that the auxilium, 
like thac, thol, or fisfe, is common in the older assizes : in the 

1 Glouc. Cart. iii. 120, 135, 137, 151, 180. 

2 Ibid. iii. 211. 

3 Ibid. iii. 183, 187. 

4 Ibid. i. 386 ; ii. 153, 220 : ' Cum vero dominus Abbas auxilium suum 
cum aliis posuerit franchelanis suis' ; and p. 267: ' W . . . et heredes sui 
dabunt nobis rationabile auxilium quotiens caeteri liberi homines nostri 
auxilium nobis dederint.' 

' Ibid. ii. 102 ; cf. iii. 47, 88, 97, 119, 126, 139, 145, 169, 171, pass. 

6 Ibid. i. 256, 259, 386; ii. 102; cf. iii. 100, 101, 102, and 51: 'et 
ibi quaedam collecta annua de tota villata de Clifforde, scilicet quindecim 
solidi et inde liberantur annuatim hundredo de Theuk[esburia] decern 
solidi, et quinque remanebunt domino.' 

7 Reg. Wore. Pr., pp. 10 b, 12 a, 93 a, 104 a, 173 b, pass., and Introd. 
xcviii.n.; compare Rot. Hund. ii. 836, 845, 848, 849. 

® Rot. Hund. ii. 717, 775,- 785. 

9 Ibid. ii. 691 : ' pro tallagio ad Purificationem vis. via 7 .' 
" Reg. Wore. Pr., pp. 15 a, 43 b, 52 b, 56 a, 59 a, 72 a, pass. From cot- 
tars, pp. 51 b, 59b, pass. Rendered in threshing service, p. 15 b, Introd. 
p. xli. 



:h. iv] CONDITION RENTS 93 

new assize the payment is sometimes commuted in the 
Sfeneral rent from the land even in cases where merchet 
remains. 1 The manner of assessment and the rate are not 
clearly stated. It was probably called auxilium prioris? and 
there is no indication that it was not like other payments paid 
regularly to him. There is reference also to a special aid 
which the abbot might have on his installation, and a state- 
ment that the abbot might demand an aid when he was 
'heavily indebted to the king, 3 but from the regularity of the 
incidence there is doubt if the abbot or prior waited for times 
of special stress for its collection. In a vacancy roll of the 
end of Edward I's reign the auxilium or tallaghtm custu- 
mariorum per annum is entered with great regularity, some- 
times under the title commune tallagium, which points probably 
to a payment by the vill as a whole. 4 The sums range from 
gs. in Paxford to £4. in Ripple. It was usually paid at 
Michaelmas. 

The Ramsey evidence agrees in the main with the fore- 
going. In the thirteenth-century extents 5 of most manors 
there is mentioned a tallage, or aid, or geld paid to the 
abbot. 6 It is spoken of as the monk's tallage, 7 or annual 
tallage, 8 or the tallage or aid at the feast of Saint Michael, 9 or 
on Cambridgeshire manors as moukge/d, 10 and was occasion- 
ally paid at two seasons, at Easter as well as Michael- 
mas, pro voluntate domini. n A mark given at the feast of 

1 R^g. Wore. Pr., pp. 19 a, 61 b, 66 b, 69 a, 71 b, 84 a, 102 a. 

2 Ibid. pp. 43 b, 138 a. 

3 Ibid. p. 138 a. See note, Introd. p. cxvi, quoting Add. MSS. 
14849, f. 138 a: ' Dicunt etiam quod omnes custumarii debent talliari ad 
dominum suum abbatem in primo adventu suo in sua abbatia auxiliendum 
secundum quod ratio exigat. Praeterea si abbas pro aliqua certa causa 
versus Dominum Regem graviter fuerit indebitatus tunc debent auxiliari 
dominum suum, si habuerit generale auxilium per Abbatiam suam.' 

4 Min. Ace. 1 143/18 : ' . . . et de \\\\]s. \u]d. de communi talliagio cu- 
stumariorum ad festum S. Michaelis per annum,' pass. 

6 Ram. Cart. i. 281, et seq.; ii. 6, et seq. 

6 Ibid. i. 59, 286, 287, 296, 298, 302, 309, 424, et seq. 

7 Ibid. i. 45- 

8 Ibid. i. 495 : ' Omnes praedicti, tarn virgatarii, quam tenentes dimidiam 
virgatam, et cothmanni, et croftmanni participant ad annuale talliagium.' 

9 Ibid. i. 55, 57, 59, 424 ! ii- 37 5 »i- 3^5- 

10 Rot. Hund. ii. 472, 481, 482. 

11 Ram. Cart. ii. 37, 43, 48. 



94 CUSTOMARY RENTS [ch. iv 






i 



St. Andrew in addition to tallage is once mentioned. 1 The 
amount is rarely stated ; once it reached £4? on one or two 
manors the rate seems to have been \$d. or 12^. a virgate, 3 
sometimes it was paid ' ad voluntatem domini '. 4 The manner 
of assessment, in the two cases where it is stated, was according 
to the number of animals and chattels, and the amount of 
land held. 5 Here as elsewhere the tallage was evidently a 
servile custom, rendered by virgaters, 6 cottars, 7 and crofters, 8 
and very rarely by those that held by money rent. 9 The 
general impression gained from the instances of its occurrence 
is distinctly that it was paid to the abbot, rightly or wrongly, 
every year, although the phrase in one or two extents is: 
' Whenever they, the customary tenants, are tallaged.' 10 One ' 
passage points to its being considered distinctly a grievance, 11 1 
and the fact that it is rarely mentioned in earlier extents may 
possibly indicate a recent origin, or at least an extension of 
an ancient privilege. It is mentioned first in the vacancy rolls 
of the earlier half of the thirteenth century, printed in the 
chartulary, where it appears among the large regular re- 
ceipts of the royal custodian of the abbey. In 1211-1212, 
.£88 i6j. 8d. was collected, some manors which were put at 
farm being excluded; 12 in 1254-1255, £71 16s. { de tallagiis 
villanorum per maneria.' 13 

On the manors of St. Paul's no payment that can be surely 
identified as an annual tallage taken by the lord occurs. 
A manor in Surrey paid every year an auxilium of a marc, at 

1 Ram. Cart. i. 431. * Ibid. i. 45. 

3 Ibid. i. 344, 489. « Ibid. ii. 37, 43, 48. 

8 lb. ii. 25 : ' Dabit ad tallagium secundum terram et catalla sua, sicut 
et alii de villa ; ' compare i. 45, and Rot. Hund., ii. 687 : 'dabit ad talla- 
gium vihW. et quinque magis sicut animalia sua multiplicand' 

1 Ram - Cart - '• 59, 356, 456, 472, 495- 
Ibid. 1. 296, 302, 370, 489, 495 ; ii. 7. 
* Ibid. 1. 349, 370, 381, 390, 495. 

9 Ibid. i. 364. 
Ibid. i. 322 : 'cum villanis, quotienscunque ipsi talliantur ; ' cf. i. 365. 

Ibid. i. 344 : Two virgates of the censuarii used to give a tallage of 1 2d. 
at Michaelmas and Easter : ' Quod talliagium ob favorem W. prioris . . . 
hue usque est pretermissum ; quod quidem talliagium tota villata, injuste, 
et ad magnum ipsorum gravamen hucusque persolvit.' 

12 Ibid. iii. 215. 

13 IbiJ. iii. 12. 



:h. iv] CONDITION RENTS 95 

the rate of something less than a penny an acre from the land 
of censuarii as well as demesne land, 1 and this may possibly 
be the tallage or aid of other localities. It seems more likely, 
however, that this payment and the donum at Sutton in 
Middlesex 2 are occasional payments like the ' auxilium Regis' 
and the census paid post fe stum Sancti Michaelis by censuarii 
and operarii at Horlock and Waleton in Essex. 3 In the later 
Articles of Visitation of Manors, a document printed near the 
end of the Domesday of St. Paul's, an inquiry is made as to 
those that are liable to tallage at the will of the lord. 4 

In Peterborough and Winchester documents also the re- 
ference to the customary auxilium is doubtful. On Peter- 
borough manors the villein paid ' de consuetudine ' a certain 
sum of money to the lord, at Pihtesle, $s. at Christmas, 5^. at 
Easter, and $id. at the feast of St. Peter ; 5 at Esctone, $s- 
before Christmas and 5.$-. at Easter. 6 At Collingham £4. was 
rendered de gabulo, and no hens or eggs were paid. 7 In the 
Winchester Pipe Rolls an auxilium, a tallage, and a.gabidum 
are all mentioned, but without very clear definition of anyone 
of them. The gabidum was probably, however, the land- 
gabidum and other fixed rents put at farm, 8 and the tallage 
was perhaps a royal payment, since its place was once taken 
by scutage.- ] The auxilium was possibly the customary aid, 10 
but may have been an occasional levy. Clearer references to 
the tallage occur in the account rolls of other churches. The 
juga of Rochester paid ' scot ' ad donum domini ville and for 
the service of the lord king : u at Exeter the auxilium nati- 

1 D. S. P., p. 107 : ' Bernes. Tota villata dat annuum auxilium unius 
marce.' 

2 Ibid. p. 95. 

s Ibid. pp. 46, 48, 51, 73, 74. 

4 Ibid. p. 155*, and n. p. cxxv : ' Item qui possunt talliari ad voluntatem 
domini et qui non.' 

5 Chron. Petrob., p. 161. 

6 Ibid. p. 162. 7 Ibid. p. 159; cf. p. 164. 

8 Winch. Pipe Roll ; see Gloss, and pp. I, 5, 8, 10, 11, 15, 16, 20. 

9 Ibid., Introd. p. xxi, and compare Feod. Dun., pp. 16, 23, 58, 64, ill. 
Whenever a common aid is placed on the lands of St. Cuthbert, the tenants 
pay ' quantum ad tantum terram pertinet '. 

10 Winch. Pipe Roll, pp. 24, 45, 46, 80. 

11 Cust. Roff., p. 4 : ' De omnibus decern jugis debent scotare ad donum 
domini ville et ad servicium domini Regis.' 



96 CUSTOMARY RENTS [ch. iv 

vorum is mentioned, 1 at Durham the tallage of the bondi? at 
York the tallage of the bondi or of the villani? and at Norwich 
the common aid or auxilium custumarioruni* On Ely manors 
both regular customary tenants and molmen were 'talliabiles 
ad voluntatem domini ', 5 and on the manor of Fleet in Lincoln- 
shire both molelond and tverklond gave auxilium. 6 The tallage 
on ancient demesne manors must of course be distinguished 
from the ordinary tallage. 7 

Next in importance to the heriot and merchet payments 
and the tallage were the tolls paid by villeins on the sale of 
their live stock or ale. The lord was nearer than other men 
in the matter of purchase, as the phrase went, and had the 
right to the refusal of the animal or article to be offered for 
sale, and sometimes the right to purchase it at a low rate. 
The villein, perhaps originally in recognition of this right of 
the lord, often paid a toll for permission to sell. Sometimes 
the restriction on sale was confined to animals of the villein's 
own rearing, or malt of his own making, or to the animals 
with which he actually ploughed or carted. 8 The tax on the 

1 Vac. Roll, 1 138/2: 'et de x*., superoneratis per auditores de auxilio 
tenencium ibidem pro eo quod tenentes qui auxilium illud facere consue- 
verunt mortui sunt. . . . Cum auxilio nativorum ibidem.' 

2 Vac. Roll, 1 144/18: 'et de ccclij/z. xs. Vujd. de tallagio bondorum 
et aliorum episcopatus predicti per idem tempus' (Sept. 23 — Dec. 23, 
7 Edw. III). 

3 Vac. Roll, 1 144/1 : ' Beverley . . . et de xxxiijj. vd. de tallagio bondorum 
de villis aquaticis . . . Burton . . . et de xxs. de tallagio villanorum.' 

4 Vac. Roil, 1141/1: 'Et de lijj. \]d. ob. de communi auxilio custu- 
mariorum ad festum omnium Sanctorum' ; pass. 

6 Extenta Maner. 

6 Add. MSS. 35169: a half bovate of molelond gives ' auxilium merchet 
et similia pro voluntate domini '. 

' Rot. Hund. ii. 6, 844; Kennet, Par. Antiq. i. 565 ; ii. 137, 411. 
Cust. Roff., p. 2 : 'Si quis habuerit pullum de proprio jumento, aut 
vitulum de propria vacca, et pervenerit ad perfectam etatem, non poterit 
illos vendere nisi prius ostendat domino suo, et sciat utrum illas velit 
emere sicut alius,' ^.r. Ram. Cart. i. 325 : ' Si voluerit equum vel bovem 
vendere, faciet primo ballivo vel praeposito constare, ita quod dominus, 
ex ejus insinuatione, propinquior sit ad emendum quam alius ; ' again, 
i. 464: 'Bovem vero vel equum proprii nutrimenti vendere non debet 
absque licentia ; et si illis dominus indigeat, leviori foro quatuor dena- 
norum quam alius possidebit ; et si absque licentia eos vendiderit, amer- 
ciabitur ;' and i. 358: ' Non potest suum equum, pullum masculum, vei 
bovem vendere, quousque quaesierit a ballivo, utrum ad opus domini eos 
emere voluerit.' Rot. Hund. ii. 463: ' . . . si ipse habeat pullum, vel 
boviculum et tamen laboraverit cum illo non potest vendere sine licentia 



ch. iv] CONDITION RENTS 97 

sale was called by different names in different localities. At 
Worcester it was coupled with thac and called thol, at 
Gloucester it was called tonnutum, at Burton it seems to have 
been called stuck or stud. Usually it is called by the general 
term theoloneum or toll. The toll most often mentioned is 
that on animals, but there are many references to the tax 
on brewers, discussed already under malisilver. A curious 
passage in the Glastonbury Inquest of 1189 points to a 
counter privilege on the part of the lord. 1 If he wish to 
sell his corn the men of the manor must buy it or give the 
lord 20J. In Maldon in Essex a totter ay, totter ay, or tolltray 
was paid by the tenant for every bushel and a half of corn 
sold. 2 

The Worcester records give a number of details concerning 
the thol payment. It is defined as follows : — ' Thol, quod 
dicitur, Theoloneum est, scilicet, quod habeat libertatem 
vendendi in terra sua.' 3 It included the selling of beer as 
well as animals, being, in this case, the same as the aletol or 
alepenny of other localities. The rate is stated several times ; 
at every brewing a penny was given, or four or six gallons, 
in ancient times twelve gallons ; for a horse sold a penny, 
for an ox or a horse a penny, for an ox a halfpenny, for pigs 
one year old a penny, of less age a halfpenny. 4 The payment 
is more frequently mentioned in the old assize than in the 
new. In Gloucester the tonnutum was paid at a somewhat 
higher rate — for beer a penny or the equivalent at a brewing, 
for buying or selling a horse 4a*. 5 No Ely villein could sell 
an ox or stott without permission. 6 On Ramsey manors the 

domini ; sed si non laboraverit licitum est ei vendere sine licentia.' Mich. 
Ambr. Rent., p. 141 : 'et si velit vendere equum masculum vel bovem, 
dominus erit propinquior omnibus aliis, et si non placeant domino sed 
vendantur extra manerium dabit de toll' id. de equo, de bove ob., et si infra 
manerium vendantur nichil dabit.' Claud. C. xi, f. 31. 

1 Inqu. 1 189, p. 101 : ' Si dominus vult vendere bladum suum homines 
de manerio debent illud emere vel dare domino xx^.' 

2 Charnock, Man. Cust. of Essex, p. 8. 

3 Reg. Wore. Pr., p. 16 a. 

4 Ibid. pp. 15 a, 66 a, 102 a, /a«.; cf. Wore. Vac. Roll, 1 143/18: ' et de 
v\\\d. de tolneto viij bourn custumariorum venditorum,' pass. 

5 Glouc. Cart. iii. 50, 62, 79, 117, 121, 125, 127, 134, 140, 151, 195, 197, 
212. 6 Ely, Extenta Maner. 

C. R. H 



9 8 CUSTOMARY RENTS [ch. iv 



! 



same rule held, but sometimes nothing was paid for the per- 
mission ; and, in one case, an ox might be exchanged for 
a cow in the same vill, without permission. 1 The payment 
depended somewhat on the time of year. Thus, if a pig were 
killed or sold before Purification a halfpenny for lost pannage 
was paid ; if between Purification and the Gules of August, 
nothing was paid. 2 Even the hour of the day at which the 
swine were sold sometimes made a difference, especially at 
Martinmas. 3 

The stuck payment of Burton is not clearly defined ; it 
probably refers to status, 4 and was an annual rent, not paid 
on occasions. 

Other common restrictions on villeins were the obligations 
to fold at the lord's fold, which has been discussed under the 
pasture rents, to grind at the lord's mill, to bake at the com- 
mon oven, and to serve as reeve or in some other manorial 
office. The multure payment made for grinding at the 
lord's mill, and the prohibition from grinding elsewhere, were 
especially common in the north of England. Whether or not 
a tenant could be held for suit at the lord's mill was a fairly 
frequent source of litigation, 5 and provisions had to be made 

1 Ram. Cart. i. 437: ' Nullus praedictorum vendere potest bovem suum, 
vel equum masculum, sine licentia domini vel ballivi. Nihil tamen dabit 
pro licentia habenda. Sed excambiare potest bovem pro vacca sine licentia 
domini, infra villam.' 

2 Ibid. ii. 37, 48 ; i. 335 : ' Post festum S. Michaelis porcum suum vendere 
non potest sine pannagio prius dato;' Rot. Hund. i. 629: ' Et si vendat 
vel occidat porcum de etate iij quart anni et amplius inter Gulam Augusti 
et Purificacionem dabit abbati pro pannagio obolum ;' Harl. MSS. 3977, 
f. 98. 

3 Ram. Cart. ii. 43; i. 309 : ' Die autem S. Michaelis, ante nonam, sine 
licentia et calumnia domini, de porcis suis pro voluntate sua potest dis- 
ponere et post nonam nequaquam.' 

* Burton Ch. 66 n. : The cause lost in a case relating to status because 
the jury found that the defendant owed a yearly rent, sometimes more, 
sometimes less, called stud. Again, in a similar quarrel a man admits 
that he is a nativus, holding at will, and giving stuck every year and 
merchet, and, on account of ancient customs, poultry rents. 

5 D. H. R., p. 33: ' Injunctum est omnibus tenentibus villae quod 
nullus eorum molat bladum extra dominium dum molendinum Domini 
Prioris molere possit sub poena 20s. ; ' cf. p. 40 ; Newminster Cart. pp. 16. 
58, 59 ; Burt. Ch., pp. 55, 72, 76; Cockersand Chart, i. 61 ; Hexh. Pr. 
ii. 24, 76; Guisbor. Ch. i. 12, 13, 114. 235; Bold. Bk., p. 572; Feod. 
Dun., p. 174; c f. Dugdale, Antiq. Warw., ii. 912; Bennett, History of 
Corn-milling. 



ch. iv] CONDITION RENTS 99 

against the maintenance of millstones by private persons who 
took toll for grinding the corn of their neighbours. 1 The 
lord's profit from the mill, excluding the ordinary payment 
made by villeins to the miller for his services, is called the 
multura, or moltura, or molta. 2 It was paid as a rule as 
a percentage of the corn ground, the tenth, thirteenth, six- 
teenth, or twentieth vas being given, or every four-and- 
twentieth grain, ' according to the custom of the land and the 
strength of the water-course.' 3 Occasionally the multura is 
stated in money. 4 Sometimes no multure was charged on 
corn grown on a villein's own land and used for his own con- 
sumption. In Brawby, a manor of Hexham, for example, 
the tenants ground at the prior's mill and paid multure, yet 
they could make the corn and oats growing on their own 
land into malt without paying the toll called kyri multure. 
If any one bought any barley or oats for this purpose, how- 
ever, he paid multure to the twentieth vas!* In Worcester, 
too, malt ground and brewed for private use paid no toll. In 
Shitlingdon, a Ramsey manor, every villein owed suit at his 
lord's mill. If the mill or mill-pond were broken, or if 
between the Gules and Michaelmas he took his corn to the 
mill and could not get it ground, he could grind it where he 
would. If, however, he were convicted of not making suit 
when he should, he gave 6d. before judgement, lid. after it. 
He ground his corn thus throughout the year, but he gave 
a toll for multura only at Christmas and Easter. 7 If he 

1 Sel. PI. in Man. Courts, p. 47. Two tenants of the abbey of Bee 
'are convicted by inquest of the court of wrongfully having millstones 
in their houses and taking toll and multure to the great damage of the 
lord as regards the suit to his mill. Therefore be they in mercy and 
it is commanded that the said millstones be seized into the lord's hands.' 

2 Winch. Pipe Rolls, Gloss. ; defined as payment for not grinding corn 
in the lord's mill. 

3 Burt. Ch., pp. 55, 63 ; D. H. R., p. 43 ; Stat. Realm, i. 203 ; Newmin. 
Ch., pp. 16, 58, 59, 274 ; Guisbor. Ch. i. 278 ; Bold. Bk., p. 572 ; Hexh. Pr. 
ii. 24, 55. 

4 Winch. Pipe Roll, p. 78. 

5 Hexh. Pr. ii. 143, 144 ; Feod. Dun., p. 2 n. : ' Et ut molant sine mul- 
tura de propriis bladis suis quae crescent in terra ilia.' 

6 Reg. Wore. Pr., p. xi. 

7 Ram. Cart. i. 464, 473! »• 29. Cf. D. H. R., p. ill ; Bold. Bk., 
p. 572 ; Burt. Ch., p. 76 ; Newmin. Ch., pp. 86, 87 ; Hexh. Pr. 11. 43 ; 
Cock. Ch. ii. 1 73. 

H 2 



ioo CUSTOMARY RENTS [ch. iv 



bought his corn he might grind it at the nearest mill. An 
order of precedence in grinding is described in the Durham 
Feodary, 1 which perhaps explains the foregrist of the Domes- 
day of St. Paul. 2 At Worcester there was in the manor of 
Bradewas a mill to which the sequela of three vills was 
attached. The ' persona ' and heirs of one Alan had multure 
next after the Prior, and the lord of suckel, or some one to 
whom he assigned the right, had free multure also. The 
barley of all following the mill was free of toll, unless the 
ale made from it were sold. If it were sold, the person, free 
or forinsec, who followed de gratia gave a penny or four 
gallons, a villein id., that is a penny or four gallons for 
multure, and a penny or four gallons for theoloneiim. All 
except the persona aided in carrying millstones, the prior 
furnishing the cart, the man, and two oxen. 3 

Regulations with regard to the baking oven of the villata 
are less common and clear. At Durham and elsewhere there 
was a common furnits, and also often a common forgium, in 
a vill, for which the villata paid an annual sum, and which 
it kept in repair. 4 The rent to the king from ovens in the 
demesne is one of the articles of inquiry in certain hundreds 
in the Hundred Rolls ; the furnus was evidently a regality 
not yet always surrendered. 5 

A liability of villeins, regarding which the custumals have 
much to say, was the obligation to serve in manorial offices. 
The provisions regulating this service are of interest in show- 

1 Feod. Dun., pp. 4611., 122 n.; cf. Reg. Wore. Pr., pp. 32, Ixiii. 

2 D. S. P., p. 76 : ' In eodem molendino curia canonicorum habet fore- 
grist sed dat molturam.' 

3 Reg. Wore. Pr., p. 32. 

4 Bish. Hatf. Surv., pp. 4, 18 ; D. H. R., pp. 9c, 236 ; Feod. Dun., 
PP- 3 l 7> 321, 327; Northamp. Ass., p. 365; Eng. Hist. Rev. xv. 498; 
Denton, Eng. in 15th Cent. p. 254 ; Comp. of Ketteringe, p. 12 : - Et de 
xx.y. de omnibus villanis ut possint tenere furnum de Ketteringe a Natale 
Domini anno r. r. E. xxi usque ad terminum xii annorum proximo sequen- 
tium.' 

J Rot. Hund. i. 25, 26 (Bucks) : 'Et plura sunt ibi furna set nesciunt 
nomina tenendum ipsa furna.' Otber tenants pay the king a money 
rent for a.fit?>nts\ and i. 402 (Line): ' Dicunt quod episcopus Line' 
aliter usus est libertate quam predecessores sui facere consueverunt eo 
quod distrinxit pistores ville ad furniandum ad furnum ipsius episcopi 
sibi appropriatum.' 



I ch. iv] CONDITION RENTS 101 

ing the subdivisions and gradations in importance among the 
customary tenants, the more important villeins being probably 
exempt from the less important offices, and also in occasionally 
throwing a little light on the manner of collecting rents, on 
cases of exemption from ordinary dues, and on the possibility 
of common action on the part of the villeins in avoiding an 
unpleasant burden. The total number of manorial officers 
mentioned in the records is large, the emphasis falling differ- 
ently in different localities, according to the nature of the 
land ; the pundcrus, for example, or keeper of the pound and 
live stock, being very prominent at Durham, 1 the lignarius 
and woodwards at Abingdon and Glastonbury, 2 the dichreves 
in the fen country. 3 In the Rochester custumal a custos ville 
appears in connexion with merchet, who does not seem to 
have been very closely identified with the lord. 4 

The liability to serve as reeve or in any other manorial 
office was generally considered an evidence of villeinage. In 
Brithwolton, Berkshire, for example, it was permissible for 
the lord to choose his reeve or other minister from the vir- 
garii or from the cottarii or from those holding assarts, ' for 
all are villeins, and of servile condition.' 5 ' To serve as reeve' 
stands in the Hundred Rolls side by side with ' talliagible at 
the lord's will ' as a sign of serfdom. In many cases, however, 
there was in practice, as has been said, a gradation in respect 
of the liability to such offices. Thus, for example, at Sutton 
in Warwickshire, men of the bondage with one virgate were 
liable to be officers of the king or lord, as was pleasing ; but 
men with a half virgate, or a nocata, or a cottage, were liable 

1 Bish. Hatf. Surv., pp. 13, 95 ; D. H. R., p. 50. 

2 Abing. Ace, pp. 5, 145, 150, pass. ; Inqu. 1189, pp. 10, 14, pass. ; 
Mich. Ambr. Rent., pp. 56, 57, 72, pass. 

3 Claud. C. xi, f. 75 : ' Item si dominus voluerit iste erit prepositus ad 
castrum vel ad bertone vel ad redditum colligendum vel Dichreve.' 

4 Cust. Roff., p. 2 : 'Si quis autem in predicta villa maritare voluerit 
filiam suam alicui de ipsa villa tantumodo ostendet illud custodi ville 
et rogabit eum ut veniat ad nupcias et maritabit earn sic. Si quis vero 
filiam suam extra villam dare voluerit non licebit ei hoc facere nisi per 
licenciam et voluntatem domini sui.' 

6 Batt. Abb. Cust., p. 67 : ' Licebit etiam domino eligere sibi Preposi- 
tum et alios ministros vel de virgariis vel de cottariis vel de hiis qui 
tenent de assarto pro voluntate sua, quia omnes sunt villani sui et 
servilis condicionis.' 



102 CUSTOMARY RENTS [ch. iv 

only to be beadles or decenarii} At Dereham in Norfolk the 
lord could make a reeve of any molman holding at least 
twelve acres, or of any operarius holding a half virgate at 
least; he could make a beadle of a molman with six acres, or 
an operarius with six acres, and a forester of a molman with 
six acres. 2 Again, three men in a vill were liable to reeveship, 
the others were liable to be beadles or shepherds. 3 At Bury 
St. Edmunds any of the pokeavers might be made either 
beadle or collector of malt. 4 

Among the duties of the reeve is occasionally mentioned 
the collecting of the rents. Thus in Ely manors it was usual 
to have a reeve ad castrum, probably at the castle at Ely, 
which was in the hands of the bishop, a reeve ad bertona, 
a dichreve, and a reeve ad colligendum redditum, the last office 
being held in one case secundum turnum vicinorum. 5 Again, 
at Glastonbury the reeve ranked with the virgater, was free 
from the services of the virgater except the donum, and was 
to receive all the toll which fell in a vill held at farm by the 
villata and <zs. additional for carrying the gabulum or farm to 
Glastonbury, of which is. the vill gives \o\d. in common. 6 

As a rule certain privileges and exemptions went with the 
tenure of manorial offices. Freedom from some of the services 

1 Dugdale, Antiq. Warw. ii. 911. 
Claud. C. xi, f. 232 : ' Sciendum quod dominus potest facere prepositum 
suum de quolibet molman duodecim acras terre tenente ad minus, vel 
de quolibet operario unara virgatam terre vel dimidiam virgatam tenente 
ad minus si voluerit. Et tunc ille molman qui fuerit prepositus erit 
quietus de tota annuali redditu suo et de omnibus consuetudinibus.' The 
beadle may be chosen from molmen with six acres, the forester from 
the same. 

s Ibid. ff. 252, 270, 304. 

1 Harl. MSS. 3977, f. 37 : 'Et dominus faciet quemcunque voluerit de 
pokaveris Bedellum aut collectorem brasei.' Compare ff. 38, So, and 
Harl. MSS. 1005, f. 69. 

Claud. C. xi, f. 75: Wisbech, a censuarius with a half ninemandale: 
' Item si dominus voluerit iste erit prepositus ad castrum vel ad bertona 
yel ad redditum colligendum vel dichreve.' Again, ff. 82, 203, 205, 90 : 
' Erit prepositus ad colligendum redditum in eodem hameletto et non 
extra vel dichreve secundum turnum vicinorum suorum.' For the nine- 
mandale see Tiber. B. ii, ff. 144, 147. 

Mich. Ambr. Rent., pp. 56, 57, 67 : ' Et debet habere totum tolnetum, 
quod accidit in villa et duos solidos pro gabulo portando Glaston' unde 
xtt. et ob. debent dare de tota villata communicatus, scilicet, dum 
manenum est ad firmam in manu illorum.' 



CH.iv] CONDITION RENTS 103 

was common ; for example, at Bury the beadle or forester was 
free from half the work except the ploughing, and free also 
from the gavol ploughing ; 1 the bercbrit at Glastonbury was 
free from one man's work, 2 the hey ward was free from one 
man's work and 5-r. gabulum? the field hayward at Bury was 
free from some services but gave felsten and carried the farms, 4 
the reeve who collected rents at Ely was free de messwue. 5 
A molman who was reeve at Derham 'was free from all his 
annual rents and from all his customs for the year ', 6 but else- 
where a customar was not free. 7 At Bleadon the reeve was 
free from daynae mannales and pannage. 8 The woodward at 
Glastonbury was free from 4s. gabidum? Sometimes the 
privilege of office consisted in receiving certain perquisites ; 
for example, the same woodward who was free from gabulum 
at Glastonbury could take dead wood, and other woodwards 
received corn. 10 The shepherd at Glastonbury had one lamb 
and one fleece, the herdsman at Bleadon had milk and whey. 11 
At Bury certain officers had the right to receive glovesUver 
and lammessilver} 2. The most common and interesting privi- 
lege of office, however, was the tenure of small pieces of land 
regularly belonging to the office and called sometimes by its 
name. Thus on a Glastonbury manor a certain tenant held 
five acres quia bedellus est ; 13 elsewhere Budellond appears, 14 
and there are mentioned certain bits of land which pertain to 
the ploughs called Sidstiche and Goddingstiche, one of which 
should go to each carucarws. 15 The Glastonbury reeve re- 
ceived one acre of corn, one acre of meadow, one lamb, the 
pasture of two oxen, and was free from all services except 

1 Harl. MSS. 3977, f- 9°- 

2 Mich. Ambr. Rent., pp. 56, 57, a very interesting list of officers and 
exemptions. 

3 Ibid. pp. 56, 57. 4 Harl. MSS. 3977, f. 86. 
5 Claud. C. xi, f. 89. 6 Ibid. f. 232. 

7 Ibid. f. 205. 8 Blead. Cust., p. 194. 

9 Mich. Ambr. Rent., loc. cit. 10 Inqu. 11 89, pp. 14, 79. 

11 Mich. Ambr. Rent., pp. 56, 57, 138. 

12 Harl. MSS. 3977, ff. 28, no. 13 Inqu. 1 189, p. 61. 

14 Mich. Ambr. Rent., p. 35: 'Acra et dimidia prati que vocantur 
Budelland.' 

15 Ibid. p. 139: ' Et sunt particule terrarum super venientes que perti- 
nent ad carucas que vocantur Sulstiche et Goddingchestiche unde iste, 
si est carucarius, debet habere particulam sicut ceteri carucarii.' 



104 CUSTOMARY RENTS [ch. iv 



i 



the dcnum ad lardarium} Reeveland is mentioned, probably 
as another name for the acre of corn which he received, 2 and 
refhamtnes which are explained as two hammes of pasture 
belonging to the office of reeve. 3 Reeveland occurs also at 
BJeadon, 4 and again, together with revemede and revesgore, at 
Ramsey, where the reeve was commonly free from consuetudo t 
and ate for part of the year at the lord's table. 6 Smithland 
occurs in Durham, 6 and also punderland, land which is said 
to belong to the office of punderns, although it was held, 
together with the office, by the men of the vill. 7 At Sutton 
in Warwickshire the half part of the fee of the woodward, de 
venatione capta, is mentioned. 8 One is reminded of the con- 
stantly recurring statement in the Welsh laws regarding the 
officers of the king's household — ' he is to have his land free'. 9 
In spite, however, of the appurtenant privileges, the im- 
pression given by the documents is that the holding of office 
was very unpopular and burdensome, and to be avoided 
wherever possible. Occasionally a payment like the Revekeye 
or K eye silver is made by the villata in common in order that 
an office may not be incumbent upon them. 10 In Durham 
manors the office of punderns, together with the picndcrland, 
was commonly held by the tenants inter se and paid for with 
a money rent, the hens and eggs incumbent on punderland 
being still rendered. 11 

1 Mich. Ambr. Rent., pp. 56, 57. 

2 Ibid. p. 34: 'que vocantur Keflond'; cf. p. 54. 
i Ibid. p. 140: If he be reeve he shall have 'ii hammes prati . . . que 

vocantur Refhammes '. 

4 Blead. Cust., p. 194: a ferdel of land called reeveland belonged to 
the reeve ex officio. 

6 R am- Cart. i. 283, 295, 307, 318, 320, 326, 338, 340, 399, 473, 496 ; 
Rot. Hund. 11. 768. 

5 Bish. Hatf. Surv., p. 142 ; cf. Mich. Ambr. Rent, for lists of officers ; 
Rot. Hund. ii. 768 : the Smith to have one acre for sharpening the 
scithes of customars. 

' Bish. Hatf. Surv., p. 5 : ' Tenentes redd, per annum pro officio pun- 
deri ad quod officium pertinent ix acre terre et prati . . . 53.5-. \d. ' ; cf. 
pp. 13, 18, 95, 142, and 169 : ' Punderus . . . habet, causa officii sui, ii 
placeas prati.' 

! Dugdale, Antiq. Warw. "ii. 911: (The customars) ' solebant habere 
inter eos dimidiam partem feodi woodwardi de venatione capta'. 

9 Anc. Laws and Instit. i. 17 sqq. 

See the Revekeye, or Keyesilver rent, below. 

11 Bish. Hatf. Surv., pp. 5, 100, 



CHAPTER V 

MISCELLANEOUS RENTS 

A NUMBER of rents are mentioned in the custumals and 
rolls very briefly, and without explanation of the object for 
which they were paid. Suggestions regarding the meaning of 
some of them have been hazarded : of others no interpretation 
has been attempted. Greater philological knowledge and 
familiarity with local customs would, however, probably 
explain most of them. For convenience these obscure rents 
have been arranged alphabetically, and to them have been 
added a few others whose classification has, for one reason or 
another, proved difficult. 

AcJiabe was a rent paid in Cambridge on Hock Tuesday. 1 
With it may perhaps be compared Hocselver> but a relation 
between the two rents is very doubtful. 

Akergeve? a rent or ' giving ', probably based on the acre. 

Bedgeld 3 was probably another form of merchet. The form 
is suggestive also of the commutation of a boon service. 

Bickton silver. It is suggested in Hazlitt's Blount's Tenures 
that this rent was the commutation of the service of emptying 
the lord's jakes at Bickton. 4 

Biresilver. 6 

Booting com was a Buckinghamshire corn rent, commuted. 6 

Bi'aybotpeni? 

1 Harl. MSS. 3977, f. 93: 'Tenentes et tenementa et redditus in 
Cantebrig'.' A messuage pays \id. 'et Kegi \)d. quod dicitur Achabe 
in die Hoxtiwesda '. Cf. f. 94: a rent paid 'ad husteng' ville' at 
Michaelmas, 'et similiter ad alium terminum ad diem qui vocatur hoxti- 
wesda.' 

2 Harl. MSS. 3977, f. 37 : ' De auxilio franci plegii xijj. Akergeve 
iiij/z. vs. xd. ob. cum plegV 

3 Blomefield's Norfolk, ix. 294 ; Hazlitt's Blount's Tenures, p. 114. 

4 Hazlitt's Blount's Tenures, p. 25. 

5 Ibid, glossary. 

6 Ibid. p. 138. 

7 Harl. MSS. 3977, f. 108: (Fornham) ' Et dabit preterea per annum 
x\)d. de redditu et pro braybotpeni id.' 






106 CUSTOMARY RENTS [ch. v 

Browernesilver 1 was a rent paid at Saint Edmund's for licence 
to hold a brewery. See New Eng. Diet, sub voce Brewern. 

Byscot, 2 an occasional fine in East Anglia for not repairing 
ditches and causeways. It is probably mentioned in an Ely 
custumal as the forisfactura de Belawe, of which the lord 
receives half. The rent arose evidently from infringements of 
rules imposed by the village community — the by-laws. 

Censar is a rent found in Devon and Cornwall in docu- 
ments of the reign of Edward III. 3 It may be simply a 
variation of the form census, but seems to have had a more 
specific meaning. Census and tunnus census appear in East 
Anglia (see Marcselver). It is barely possible, however, that 
it might be connected with the tenserie of the Chronicle for 
Stephen's reign, which was especially heavy in the west and 
East Anglia, and has lingered on as a manorial due. 

Census, Tunnus Census, see Marcselver. 

Clyff silver, a rent mentioned in a late document, without 
explanation. 4 Possibly it should be compared with the 
pasturage on the ' cliffs' received by the tenant of Battle. 5 

Craweselver, Craueselver, a very common Ely rent, probably 
a commutation of some service connected with crows. The 
• rook boy ', who now receives a small compensation for his 
service of keeping the rooks from the corn, may be a survival 
of manorial custom. 6 

Harl. MSS. 1005, f. 68 : (Pakenham) ' xxis. \\d. de Browernesilver ' : 
f. 69 ; Harl. MSS. 3977, f. 84. 

2 Hazlitt's Blount's Tenures, p. 369: Tiber. B. ii, f. 106. 
Exeter Vac. Roll, 1 138/2: (Paignton) 'Et de xvu>. \]d. ob. qu. 
superoneratis per auditores in titulo redditus assise ibidem et redditus 
censar' et canag' et restyngwode ad festum Sancti Martini ' ; (Cornwall, 
Penryn) : ' Et de lj s. \\yi. superoneratis per auditores pro quadam con- 
suetudine vocata censar' et auxilio custumariorum ibidem pro eo quod 
tenentes et custumarii que consuetudines et auxilia predicta facere sole- 
bant mortui sunt.' Also, Eng. Hist. Rev. xv. 310, Laws of Breteuil, 
in a charter to Bideford burgesses freeing them from all toll, custom, 
censary, or stallage. They are to choose one burgess to be head officer, 
to have ' throughout the year toll and censary of the town by land and 
water, to the year's end, for \os. to be paid'. Ashmol. MSS. 864 (Bl. 
Hk. Coven.), f. 17 : from several tenants small sums are due, ranging 
lrom a penny to sixpence, ' pro censar' et aysiamentis.' 

e Mon. Angl. i. 527 : (Berks) ' Redd' vocat' Clyffsilver '. 

c Batt. Abb. Cust., p. 51 : quoted above. 

' Ely Vac. Roll, 1 132/10: (Dodington, Cambs.) ' Et de vijj. vd. de 



:h. v] MISCELLANEOUS RENTS 107 

CusHimpand, see Marcselver. 

Dissilver was the commutation of the rent of dishes, or of the 
ervice of supplying them for special occasions. It occurs in 
the description in the Hundred Rolls of the Earl of Cornwall's 
manor at Glatton, and in a compotus roll of Queen Philippa's 
manor there. 1 Tenants of Peterborough in villages near 
Glatton paid disci, to the number of five, ten, or forty, in 
addition to their rents of bread, sheep, cloth, and poultry, de 
consuctudine Sancti Petri? The custos discorum appears at 
Ramsey. 3 

Dortroring ; 4 the form is possibly a variant of Bortreming. 

Elsilver is probably the English form of uhiagium, a toll 
on sales of cloth by the ell or yard. 5 (Or perhaps ^/-silver ?) 

Ffelstne, Felsten. These forms occur in rolls of St. Edmund's 
manor of Pakenham. 6 Possibly it should be connected with 
filstingpowid, or with some rent supplementary to the farm. 

Feoderfe was perhaps the commutation of the ordinary 
foddercom, or rent of fodder. It occurs on a Cambridgeshire 
manor. 7 

Ferthing, Ferthingsilver. This rent occurs in the important 
Ely manor of Wisbech, but the object for which it was paid 
is not stated. 8 Compare Whitson farthings. 

quodam certo redditu quod vocatur Crawesiluer per annum ad terminum 
S. Michaelis ' ; Claud. C. xi, f. 66; Tiber. B. ii, pass. 

1 Rot. Hund. ii. 651 : a half virgate ' dat obolum ad dissilver' ; Min. 
Ace. 876/16-21. 

1 Chron. Petrob., p. 168 n. 

s Ram. Cart. i. 363 : ' Custos discorum percipiet . . . dimidiam acram 
frumenti et dimidiam acram avene ' ; cf. i. 408. 

4 Harl. MSS. 3977, f. 38 : (Neutone) ' Redditus Mutabiles . . . dor- 
tron'ng xijd, ' See below, ' borchsilver.' 

5 D. H. R., p. 23 : a quarter of a bondage tenement pays ' terrario pro 
elsilver, ob.' Cf. Mon. Angl. v. 6. 

6 Harl. MSS. 1005, f. 68: (Pakenham) < Et \xs. de ffelstne'; Harl. 
MSS. 3977, f. 86 : (Pakenham) ' Et ex consuetudine ut dicitur habere debet 
stipulam pisarum et fabarum et erit quietus de auxilio quod vocatur 
felsten quia colligit illud auxilium.' If he be feldhayward, he is free 
from some services and felstne. Blomefield (Norfolk, ix. 294) may refer 
to the same rent : ' Felsne is money paid by the tenant to the lord, and 
was 30^. per annum for the common aid.' 

7 Rot. Hund. ii. 492 : (Wilburham Parva) 'Et \}d. ob. pro feoderfe'. 

8 Ely Vac. Roll, 1 132/10; Claud. C. xi, f. 75 : '1 mes' cens' et half 
ninemannedole dat de ferthing' ad Annunciationem B. Marie \)d. et ob. '; 
f. 80: -a. plena terra of 34 acres gives 2d. at Easter. ' Summa ferthing- 
silver ' ; ff. 86, 89, 94. 



108 CUSTOMARY RENTS [ch. vi 

Fosclvcr 1 was perhaps a commutation of ditch digging. 

Foxalpcni is a curious rent which ' emerged ' in Wye, Kent, 1 
in the year of the war between King John and his barons. 2 
If the rent were not paid, the juga owing it were heavily 
amerced, at iocs - ., and declared gavellate? 

Frisilver is probably only another form of the common 
fritJisilvcr.^ 

Greensilver. At Writtle in Essex a halfpenny was paid to the 
lord from every house whose door opened towards Greenbury. 5 

Grippure, possibly a pasture rent. 6 

Gryvespoimd, 1 possibly a rent resembling the witepund. 

Haworthsylver? 

Hocselver? possibly a rent at Hokeday, analogous to the 
Whitson farthings, or the Acliabe. 

Hognell Rent. 10 

Horderesyft 11 occurs in Devon as a payment subtracted by 
a tithing. 

Hulvir. 1 * 

Hyndergeld or hinderselver} % It is barely possible that this 

1 Harl. MSS. 3977, f. 61 : (Neutone) a tenement of 15 acres ' dabit 
iij ob. de foselver et erit quietus de dimidia operacione '. 

2 Batt. Abb. Cust., p. 125 : ' Anno quo guerra fuit inter Regem Johan- 
nem et barones Angliae ad festum S. Thomae Apostoli, emergebat 
obolus qui dicitur foxalpeni de v. jugis ' (which are enumerated) ; cf. 
p. 129. 

3 Misc. Bks. Augm. Off., vol. 57, f. 99 ; cf. Pollock and Maitland, Hist. 
Eng. Law, i. 336 n., ii. 269 n. 

4 Ashmol. MSS. 864, f. 17 : 'pro frisylver iin>.' 
6 Charnock, Man. Cust. Essex, p. 7. 

6 Ely Vac. Roll, 1 132/10 (Wysebech) 'Et de viijj. de redditu vocato 
hosing' grippure et shepestate.' 

7 Norwich Vac. Roll, 1141/1 : (Thornham) ' Et de vij//. xiih>. vu]d. de 
diversis consuetudinibus videlicet presentsilver gryuespound iuncandi 
triturandi.' 

8 Mon. Angl. iii. 512: (Selby, Yorks.) ' Redd' custum' tenen' pro quadam 
custuma vocata Haworth sylver.' 

9 Reg. Wore. Pr., p. 153b: 'Wychium excepto hocselver.' For inhoc 
see Vill. in Eng., p. 226 n. ; Hone, Manor, p. 148 : for money paid the 
lord at Hockeday. 

10 Mon. Angl. iii. 527 (Shrewsbury) 'Annual' Redd.' voc' Hognell Rente.' 

11 Rot. Hund. i. 66. The tithing did not reply to the bailiff of the 
hundred at Michaelmas 'ad tremur', ' et nichilominus subtraxerunt 
xviijr/. . . . annu' de Hord' esyft consuetos ' ; cf. i. 92. 

2 Rot. Hund. i. 105 (Northerpingham Hund., Norfolk) a ' service'. 
13 Glouc. Cart. iii. 188. Three virgates give izd. 'ad hyndergeld' at 
Martinmas ; cf. pp. 189 (bis), 191, 200. 



:h. v] MISCELLANEOUS RENTS 109 

Gloucester rent may have some connexion with hunting 
service. 

Inside occurs in the Crondal Records, the editor suggesting 
that the form is for in secta} The suggestion seems not 
very probable, yet suitsilvcr, money for suit, occurs, 2 and 
perhaps the phrase suete de prison has a similar derivation. 3 

Kemersh rent possibly refers only to a place name. 4 

Keyesilver, see Revekeye. 

Leppe and Lasse was an Essex custom, probably a toll 
levied according to some ancient measures. Every cart that 
came over Greenbury, perhaps an ancient market-place, paid 
four pence to the lord of the manor, unless the cart belonged 
to a nobleman. 5 Compare Greensilvcr. 

Loretsilver? 

Lythsilvcr, probably lightsilver, money ad candelam? 

Marcsclver. On the manors belonging to St. Edmund 
there is often mentioned a rent of a fixed sum of money, 
sometimes a marc, sometimes a pound, due from the vill, to 
which the tenants contributed according to their holdings. It 
is called marcsclver, redditns census, tunnus census, auxilium 
statuhim, cnstnmpandf but the object for which it was paid 

1 Crondal Records, p. 94 : (Yateleigh) ' Tota villata de Yatelegh dat 
domino is. de Insutes'; p. 97: ' Totus hamelettus de Suthwode dat 
domino \id. de Insute.' 2 Hazlitt's Blount's Tenures, p. "jj. 

3 Eng. Hist. Rev. xxiv. 506, xxv. 307. 

4 Mon. Angl. ii. 486: (Shaftesbury) 'Redd' Assvoc' Kemersh Rent.' 

5 Charnock, Man. Cust. of Essex, p. 8. 

6 Harl. MSS. 3977, f. 83 : (Heringwelle) ' Habent de loretsilver xii^.' 
T Abing. Ace, pp. 145, 150, 159. 

8 Harl. MSS. 3977, f. 91 : (Sudreya) ' Auxilium statutum. Notandum 
quod quolibet anno accipiendum est ad festum S. Michaelis auxilium 
statutum i marce. Tunnus census. Notandum quod semper ab ad Vincula 
S. Petri accipiendus est census ville ad Purificationem ' ; f. 89 : (Bradefeud) 
'Item dabit ad marcam viid. '; f. 39: (Werketune) ' De auxiliis abbatis 
di' marc' ; f. 62 : (Pakeham) ' Hoc est auxilium aule de Pak' \xs.' ; f. 93 : 
(March) ' xd. census a (sic) Purificacionem ' ; Harl. MSS. 1005, f. 69: 
(Bradefeud) ' De rnarcseluer xiij.y. iiijV.' ; f. 72: (Sudreye) 'Ad festum 
S. Etheldrede 1 marc, de auxiliis cum ij.y. de merch' ; f. 73 : (Nova Berton) 
' Omnes sunt gersumarii ad voluntatem domini ad festum S. Michaelis de 
redd' ville xxi sol. . . . De auxiliis albis dim' marc. . . . Ad festum S. Ed- 
mundi de redd, ville xx\s. . . . De auxiliis ville xixs. iijd.' ; Harl. MSS. 
3977, f. 100: (Cokefeld) 'Et sciendum est quod omnes custumarii predicti 
dabunt xvjs. ad custumpond' de jure ' ; f. 101 : Those belonging ' ad 
aulam inferiorem' of Cokefeld pay custumpund xvs. iijd. ob. ; Harl. MSS. 
1005, f. 68 : ' De custumpany xvjj.' 



no CUSTOMARY RENTS [ch. 

is not stated. It is possible that it may be another form of J 
witepund, or fulstingpound, and that pundscot may be identical 
with it. It may, on the other hand, refer to the customary 
tallage of the villeins, or it may be a rent distinct from either. 

Master's Rent} 

Melderfe? 

Mowetsilver? 

Netsilver* was probably a pasture rent, the form being 
derived from the Anglo-Saxon neat. 

Nodway money. 5 

Pincrecheyeld* 

Pukerelleschild or Auxilium Purificationis, a rent occurring 
frequently in the Somersetshire Hundred Rolls ; the passages 
usually refer to a subtraction from the king. 7 

Radbodispnnd was a royal rent subtracted from the king in 
Norfolk. 8 

Revekeye. This rent is probably explained by the K eye- 
silver of Tynewell, which is paid by twelve tenants of virgates 
lying at a distance from Tynewell, ' that they may not be 
chosen for the reeveship.' 9 

Ruschewsylver. 10 

Saddlesilver occurs at Wimbledon. At the first coming of 

1 Mon. Angl. vi. 306: (Hants.) ' Redd' voc' Master's Rent.' 

2 Norwich Vac. Roll, 1144/1 : (Rollesby) 'Et de vs. x\d. ob. de con- 
suetudinibus vocatis Turfdole fermpenes et melderfe.' 

8 Faust. A. 1, f. 56 : ' 1 sulung pays $d.' 

4 Harl. MSS. 1005, f. 68: 'Redditus mutabiles. Netsilver et scepselver 
herbagium ad bidentes.' 
6 Mon. Angl. ii. 87 : 'Cum quodam . . . redd' voc' Nodway Money.' 

6 lb. ii. 272 : 'Redd' voc' Pincrecheyeld.' 

7 Rot. Hund. ii. 130: ' De Cloptone, de auxilio Purificationis quod vo- 
catur Pukerelleschild ijj-.' ; p. 136 : ' Et quod dicti comites per xv annos 
non permiserunt auxilium quod dicitur Pur' Beate Marie dari domino Regi 
scilicet de Rodesloke iiij^.'; pp. 132, 133. Again, ii. 688 : (Oxon.) 'et pro 
tallagio ad purificacionem Beate Marie v\jd. ob.' (probably manorial). 

' Rot. Hund. i. 445: ' Consuetudines' subtracted from the hundred of 
Fourhove ; tenements ' et terra Flamberti in Wiclewd solebant facere 
consuetudines scilicet ad turnum Vicecomitis et auxilium ejusdem et 
radbodispund.' 

' Min. Ace. 850/10: Barton Regis, with geresgive. See Keysilver. 
Comp. of Ketteringe : ' Et de xxxixj. de xxxix virgatis de consuetudine de 
Keyesilver in festo S. Andree.' Again, p. 45. 

Mon. Angl. i. 443: Barking, Office of Cellaress, 'Sche must pay to 
every ladye of the covent ... for their ruschewsylver.' Cf. p. 445. 






:h. v] MISCELLANEOUS RENTS hi 

the archbishop the customary tenants gave a ' gifte, called 
saddlesilver, accustomed to be five marks '. Such payments 
at the coming of lords of fees were common. At Hexham 
a palfrey was bought for the new abbot. At Tynemouth the 
welcom Abbatis was paid. 1 

Scap. 2 

Schepersulfer 3 was probably a payment made to the shep- 
herd. 

Schrebgavol* 

Schydsclver. 5 

Scor/ee. 6 

Sesilver, a rent in East Anglia. probably another form of 
Sefare, or commutation of the carriage by water. 7 

Sliesilver* perhaps another form of sesilver. 

Snottering silver was a customary rent paid to the Abbot of 
Colchester. 9 Charnock suggests that the word is derived 
from snode, a morsel, or snathe, to lop or prune. 

Spenningfe was a common customary rent on the manors 
of Worcester. 10 Possibly it was some commutation of the 
service of spinning, surviving on the old scrudland of the 
monks. 



1 Hazlitt's Blount's Tenures, p. 372. Cf. Hexh. Pr. ii. 76 : and ' Welcom 
Abbatis,' above. Mr. Gray has kindly given me a reference to another 
palfrey payment. At the change of every lord is payable a contribution 
! by the name of Palfrey mony amounting to the sum of 6oj-. leviable upon 
the copiehold lands only.' Misc. B. Land Revenue, 214, f. 206 ; Customs 
of Abbeshall in Wigborough [Essex]. 

2 Rot. Hund. ii. 608. It may be an estover right, and not a rent. 

3 Abing. Ace. p. 40 : ' Item pro schepersulfer \\d. qu! 

4 Rot. Hund. i. 163: (Colchester) 'Item abbas subtraxit . . . xv^, oh. 
annui redditus de schrebgavel quos . . . reddere debet predicto burgo.' 

5 Add. MSS. 6159, f. 176. Chert, Kent, an 1 (schyldsilver) has been 
erased. 

6 Davenport, Norf. Manor., p. 47, App. p. xxx : ' Et de xs. de scorfe ad 
Natale Domini de leta de Hadesco.' 

7 Harl. MSS. 1005, ff. 38, 69 ; Ibid. 3977, f. 61 ; Tiber B. ii. f. 177, pass. 

8 Claud. C. xi, f. 279: (Rathlesdene, Suff.) a plena terra gives id. 
shesilver at the feast of St. Andrew. Again, f. 283. 

9 Charnock, Manor. Cust. Essex, p. 8. 

10 Vac. Roll, 1 143/18 : (Hanbury in Salso Marisco) ' Et de \\\s. id. ob. 
de quadam certa consuetudine que vocatur spenningfe relaxata ' ; (Stoke) 
' et de v\)s. v')d. de quadam certa consuetudine que vocatur spenningfe 
arentata ad terminos pasche pentecostes et Natalis Domine.' The word 
occurs frequently in the roll. 



Ti2 CUSTOMARY RENTS [ch. v 

Storefe x was possibly another form for scorfe, or should be 
so written. 

Sulsilvcr was probably a commutation of the service of 
giving the lord ploughshares. It occurs on St. Edmund's 
manors in both the English and the Latin forms. 2 Elsewhere 
ploughshares were frequently paid to the lord. 3 

Suttonsilver^ 

Towirst. 5 

Unthield, Unchield, Hunthield, was a Kentish rent, 6 perhaps 
commuting old hunting services, and to be compared with 
the Gloucester huntenesilver. It may, on the other hand, have 
been the same as Unyeld. 

Unyeld, 0?iziell, Ungeld, Onyeld t was an East Anglian rent, 
perhaps the same as the foregoing. 7 In the form Ougiell it 
appears at Great Tey, Essex. 8 

Waurscoty a rent in Lincolnshire for wax for the church. 
The Ely waur silver y or waresilver, is probably the same rent. 9 
Compare zvaxsilver. 

Whitehar t silver. 1 ° 

Whitson farthings} 1 There is nothing to show the object 
of this Whitsuntide rent. 

1 Rot. Hund. ii. 491 : (Cambs.) Customary tenants with twenty acres 
give ' xWid. nomine storefe '. 

2 Harl. MSS. 1005, f. 68 : 'et \xd. de iij vomeribus ' ; f. 69 ; f. 73 : ' de 
sulsilver vs. ' ; Harl. MSS. 3977, f. 39 : ' de sulselver iijd.' 

' Faust. A. i, ff. 11, 53, 78; Tiber. B. ii, f. 90: ' Preterea dabit per 
annum tres denarios quando dominus voluerit ad emendum ploutimber 
et erit quietus de opere unius ebdomadae.' 

4 Crondal Records, p. 383. 

5 Bish. Hatf. Surv., p. 167: (Stockton) 'Burgus . . . cum . . . tolneto, 
vocato towirst '. 

Harl. MSS. 1006, f. xiv. : (Borlee) ' ad purificationem de vnchiel ij.y. \)d. 
ob. qu.' ; f. xv. : ' de vnthield ad festum Purificationis, ins. vd. ob.' Add. 
MSS. 6159, f. 22 : (Borle) paid by molmen and custumarii at Purification, 
' de vnthiel \}s. ijd. ob. qu. . . . de vnthield per annum iiijj-. vd.- ob.' 

1 Harl. MSS. 3977, f. 93: (March) 'et de consuetudine quadam que 
vocatur onyeld vjd. in festo S. Etheldrede '. Five acres ' ad onyeld vjd. ' ; 
three acres, 4^. Compare Powell, Rising in East Anglia, Ipswich Assize, 
1385. Hazlitt's Blount's Tenures, pp. 314, 315, quoting a case of 1618 : 
the refusal of customary tenants to pay 40s. at Michaelmas of the rent in 
question. The editor identifies it with tallas;ium custumariorum. 

8 Astle's Great Tey, p. 8, 

• Hazlitt's Blount's Tenures, p. 380 ; Tiber. B. ii, ff. 125, 236. 

Ibid. p. 367. 
11 Mon. Angl. ii. 45. 



ch. v] MISCELLANEOUS RENTS 113 

Wightfee was possibly another form of Witepund 1 . 

Wiveneiveddinge was a service or rent on the Gloucester 
manor of Barton Regis. 2 It is probable that it was a pay- 
ment levied on marriage : wivene weddinge, wives wedding. 
Cf. Liebermann, Gesetze der Angelsachsen, i. 442 : wifmannes 
bezveddnng. 

Wodehac was a royal rent paid to the abbot in Ramsey 
manors, by the ' free hides of Hirstingston hundred '. 3 It may 
have denoted a rent similar to boistagium. 

Wodeivellesclwt 4 was a royal rent occurring in North- 
grenehow hundred, Norfolk, probably paid in the beginning 
by geldable land for the maintenance of the woodwork of 
fortifications. 

Yerdsilver 5 was possibly the equivalent of idnagium. 

1 Mon. Angl. iv. 563 : {temp. Hen. VIII, Walton S. Felix, Suffolk) ' Idem 
respondet . . . de 5^/. de quadam consuetudine vocata Wightfee '. 

2 Glouc. Cart. iii. 70, 71: 'debet quoddam wiveneweddinge in vigilia 
Beati Johannis Baptiste et valet obolum ' ;' cf. p. 72. See pro weddis, 
Ram. Cart. i. 59. 

3 Ram. Cart. i. 285. 

4 Rot. Hund. i. 526 : ' Et \\\]s. xd. ob. de quod am annuo redditu qui 
vocatur Wodewelschot ' ; cf. 483 : ' Idem tenentes subtrahunt vs. v'rijd. 
qu. quos reddere solebant ad com' Norwic' quod vocatur wodewellehot 
per predictum tempus ' : pass, in hundred. See below. 

5 Worcester Vac. Roll, 1 143/18 : (Hartlebury) ' Et de xn]d. ob. de certa 
consuetudine que vocatur yerdsilver ad festum S. Michaelis'. 



C. R. 



CHAPTER VI 
ROYAL RENTS : ADMINISTRATIVE 

RENTS of a second class incumbent on the customary- 
tenants of the manor were those in origin not customary and 
not manorial, but political, resulting from public imposts, and 
paid to the king through his officers or to the lord of the 
manor as the holder of a franchise. These payments, or the 
services of which they were sometimes the commutation, made 
up the national obligation of the land, the financial burden 
which when paid to the king caused the land to be considered 
geldable, when paid to the manorial lord for his own uses 
caused it to be considered non-geldable. Theoretically all 
land was in its origin geldable and could be made non- 
geldable only by express grant. The lord, that is to say, 
had his rights by charter from the king ; he might exercise 
some royal rights over land in certain localities, other royal 
rights over land in other localities, but in no case, as the 
lawyers of the crown argued, could he exercise justly any 
right unless he could show a definite grant of it. All rights 
were annexed to the crown and liberties pertaining to the 
dignity of the crown could not be alienated by general words 
nor did long use justify usurpation. Yet the fact that public 
justice often assumed a private character and also that the 
payment both of certain services which by this time had 
little but a financial value, and also of many or all royal dues 
had become matters of arrangement between the lord and the 
king led necessarily to confusion with regard to the incidence 
of the burden, and gave opportunities for unchecked usurpa- 
tions and extensions of charter privileges. 

The arrangements regarding the collection and destination 
of royal rents were intricate. The king in some cases was in 
seisin of payments which in other cases went to manorial 
lords. The manorial lords collected such dues with or with- 
out the presence of the royal bailiffs, as the case might be, 



CH. vi] ROYAL RENTS : ADMINISTRATIVE 115 

and paid the bailiffs for the privilege of retaining them for 
their own uses, or retained them without payment, or paid 
them over entirely or in part to the king. Moreover, such 
royal dues were, by the time of the Hundred Rolls at least, 
to some extent localized. Payments connected primarily 
with the view of frankpledge do not, for example, appear in 
counties where that view was not exercised ; hidage appears 
in some counties and not in others. Some dues, too, were 
paid occasionally, some annually. In short, the Hundred 
Rolls and the Quo Warranto Rolls disclose a very tangled 
network of judicial and financial rights and duties, the under- 
standing of which is not helped very greatly by the study of 
other material. 

If the rents which were royal in origin be considered from 
the point of view of the manor, and the more general subject 
of their relation to the central government be left to one side 
as beyond the particular field of this study, two main questions 
seem to present themselves ; first, which of the manorial pay- 
ments should be properly included in the class of those which, 
when paid to the king, made the land geldable, and, secondly, 
what was the method of assessment of such dues within the 
manor. It will be convenient to discuss these questions to- 
gether, in an enumeration of royal rents, beginning with those 
that were specifically part of the geld of the kingdom and 
continuing with those that were connected in one way or an- 
other with the courts and the administration of justice. A table 
compiled from the Hundred Rolls placed at the end of this 
study will indicate roughly the general distribution of royal 
rents or tests of geldable land, as they may be called, in 
different counties. 

Hidagiam. In the thirteenth and fourteenth centuries the 
old geld or land tax appeared in many localities as hidage. 
As the name indicates, hidage was based on the hide and was 
not paid to the king by land extra hidam, 1 land which, like the 

1 Ram. Cart. i. 334 : A virgate once gave hidage, sheriff's aid, and 
pontage. ' Quae servitia a tempore J. R. tunc temporis firmarii . . . qui 
eandem virgatam terrae . . . fraudulenter posuit extra hidam, omnia 
hactenus detinentur ' ; i. 440: 'Terrae quae sunt extra hidam et quae 
non dant hydagium.' And, i. 308, 438 ; ii. 1 3, pass. 

I 3 



n6 CUSTOMARY RENTS [ch. VI 

old royal manors of Domesday Book owing a farm and no geld, 
was usually described not in fiscal hides but in areal measures. 
Land extra Jiidam as far as the king was concerned, some- 
times included a whole manor or fee, sometimes only certain 
lands within the manor, and the profits of it were taken by 
the lord of the fee justly or unjustly when it was free 
from the royal hidage. The most common exemption was 
of land ' elemosinata ', in the hands of the church, 1 but honours 
and parts of lay fees were also often non-geldable. 2 Such 
exceptions were based, as has been said, on charter or were 
the result of long usurpation or, occasionally, of more recent 
aggression on the part of the great lords. Complaints that 
the lords have subtracted hidage are frequent in certain 
parts of the Hundred Rolls : it is disappointing, however, to 
find that in the Quo Warranto Rolls such subtractions are 
rarely the subject of separate pleadings, 3 and exact state- 
ments concerning the nature of the payment are therefore not 
easy to find. 

It is clear, however, that hidage is frequently mentioned 
among the financial burdens in some counties, and is not 
mentioned at all in other counties. Thus in the Hundred 
Rolls we find it recorded commonly and indisputably in the 
counties of Bedford, Buckingham, and Oxford, more rarely in 
Cambridgeshire, where it is usually, though not exclusively, 
found on the lands of the Abbot of Ramsey, in Huntingdon- 
shire, where it occurs on Ramsey lands only, and very 
occasionally elsewhere. In other counties it may sometimes 
have been included under vague words like scot and lot, 
regalities, forinsec service, especially since it is several times 
mentioned in the custumals of manors in counties in which it 
is not recorded in the Hundred Rolls. The Domesday of 
St. Paul's, for example, though at an earlier date than the 
Hundred Rolls, shows that the manor of Barling in Essex, 
a county in which the payment is not mentioned in the 
Hundred Rolls, paid yd. to the bailiff of the hundred 'pro 

1 Rot. Hund. i. 16, 17, 31 ; ii. 323, 457, 477, pass. 
I Ibid. 1. 2, 27, 32, 41, 53 ; ii. 343, 693, pass. 
3 But see P. O. W., p. 88. 



CH. vi] ROYAL RENTS: ADMINISTRATIVE 117 

hidagio '- 1 Yet while this is true occasionally, the constant 
inclusion of hidage in some counties and exclusion of it from 
; others in the Hundred Rolls, and the generally corresponding 
distribution of it in manorial customaries and extents of the 
same approximate date, would seem to show that at the time 
the Hundred Rolls were compiled the rent was not of uni- 
versal and regular occurrence under the name hidage. Perhaps 
the explanation of this irregular distribution may lie in the 
fact that in the counties where it occurs most commonly it 
seems to have become usually an annual payment, and is there- 
fore included naturally among the regular sources of revenue. 2 
In a few cases even in these counties there are references 
to a more occasional hidage. On the manors of Ramsey in 
Cambridgeshire and Huntingdonshire, for example, hidage is 
paid 'quando currit ' or 'quando evenerit \ 3 The Ramsey 
hidage, however, seems to have been exceptional ; it was, we 
learn, from the chartulary, a levy made by the abbot usually 
on his non-military tenants, not paid to the king, but turned 
over to the support of the four knights who were due from 
the abbey, and it took the place among non-military tenants, 
in many, though not in all, cases, of the scutage on military 
tenants. The conditions of knight service were somewhat 
unusual at Ramsey. 4 Again, the Devonshire Hundred Rolls 
refer to definite specific occasions on which a hidage was 
levied by the sheriffs from the county, 5 and the Glastonbury 
hidage seems to have been of this kind. 6 Once a hidage was 

1 D. S. P., p. 64 ; and see also Harl. MSS. 1005, f. 72, and Gough MS. 
Stiff. 3 Bodl. (13 H. vi.) for the occurrence in East Anglia. 

2 See especially Rot. Hund. ii. 812: (Oxon.) 'Quod vero hydagium 
modo redactum est in annuum redditum et nichilominus amerciantur 
homines tot ' ; and ii. 495. 

3 Econ. Cond. Ram. Man., p. 14. 

4 Feudal England, pp. 296-298. 

5 Rot. Hund. i. 63 : (Barnstaple) ' Dicunt Rogerus Pridyas dum fuit 
▼icecomes cepit de hominibus dicti burgi xls. pro hidagio faciendo contra 
libertatem dicti burgi ubi nuncquam hydagium facere solebant et ante- 
quam pacem habere possent finem fecerunt cum predicto vicecomite per 
predictos xls. ' ; again, i. 72 : ' Dicunt quod in ultima itineracione justicia- 
rum sedencium apud Exon' fuit quoddam hydagium de tribus solidis 
ad quamlibet hydam '. 

6 Inqu. 1 189, p. 115 : 'Canonici de Bradenestoca tenent unam virgatam 
et debent acquietare donum vicecomitis et hidagium et nichil modo inde 



n8 CUSTOMARY RENTS [ch. vi 

paid in Bedfordshire at the need of the king. 1 In Cambridge- 
shire hidage was paid 'as it is placed in the county on 
hides'. 2 

In the great number of cases in the counties of Bedford- 
shire, Buckinghamshire, and Oxfordshire especially, hidage 
was paid by the year, a definite statement being made to that 
effect in the Hundred Rolls. The usual rate of this annual 
payment was two shillings on the hide, and even small frac- 
tions of holdings paid their correct proportion of this amount. 3 
The variations are comparatively infrequent. 4 The rate bears, 
evidently, no uniform relation to the size of the knight's fee, 
and the payment was not, except in Ramsey, a military or 
peculiarly feudal payment, for very often one fee paid twice 
as much as another fee. 5 Hidage was paid usually to the king 
through the sheriff, by the fee, 6 or the vill, 7 or even the 
hundred. 8 Whether the sheriff came into the fee to receive 
the money or had it sent up to his tourn, in cases where 
suitors from the manor in question still attended the tourn, or 
to the ordinary hundred court, if that were in his hands, or to 
the county court, does not appear. Very often, however, the 
payment was made to the lord of the manor, and either 
retained by him as, for example, in the case of the Earl of 
Gloucester, 9 or paid over to the king. Sometimes an adjust- 
ment was made regarding the amount. Thus in Oxfordshire 

faciunt . . . et in tempore Edwardi vicecomes solet defendere homines 
Glastonie ad comitatum. Sericus aliquando recepit tres denarios pro 
dono vicecomitis et hidagium similiter quod canonici modo detinent ' ; 
and Mich. Ambr. Rent, p. 155. 

1 Rot. Hund. ii. 321, 492, 507. 

2 Ibid. ii. 494 : 'et solvit hydagium, pontagium, prout ponitur in comi- 
tatu per hydam ' ; again, 495 : ' et debet scutagium, pontagium, et 
hydagium quando evenerit.' 

1 Ibid. i. 5, 6, 7, 23, 25, 27, 29, 31 ; ii. 321, 323, 324, 325, 326, 330, 
33 2 > 339> pass. The rate was less uniform in Oxon., e.g. ii. 44, 782, 812, 
843, 847, pass. 

* Ibid. i. 4, 20 ; ii. 44. 

5 Ibid. i. 4, for example. 

J Ibid. i. 30,33, 53 J ii- 44, pass. 
Ibid. i. 20, 31, by certain vills ' de corde comitatus' ; ii. 34, 44. 

3 Ibid. i. 3, 21. 

' Ibid. i. 29: S. holds two hides and a half and receives 'ad opus 
suum proprium de hidagio quinque solidos set nesritur quo waranto ' ; 
and i. 1, 34. 



CH. vi] ROYAL RENTS: ADMINISTRATIVE 119 

in one instance the king received one-third of 4s. 6d} Some- 
times the vill conjunctitn, in common, paid the hidage. 2 

It is possible, moreover, that an explanation of the occur- 
rence of hidage as an annual payment in certain localities 
and not in others may lie in the general tendency which is 
evident towards lumping together sources of revenue, royal or 
otherwise, towards commuting, that is to say, occasional and 
more or less uncertain obligations, into fixed annual sums. 
Such a tendency is evident enough in the payment of other 
rents, — in the fids tingpound, for example, — and is only one 
manifestation of the strength and prevalence of the farming 
system. If the sheriff paid a stated annual sum or farm for 
the county to the king, and the bailiff or private lord paid 
a farm for the hundred to the sheriff, and the men of the vill 
paid a stated annual sum for any given rent or for all rents to 
the lord for the vill, it is clear enough that the farmers of 
county, hundred, or vill would have gained a very desirable 
certainty regarding the amount of their revenue. In earlier 
times it is true that the farm of the county probably did not 
include the Danegeld, which was rendered separately by the 
sheriff, and the hidage seems to be a survival of the Danegeld ; 
yet even so it is possible enough that in some counties a 
general tendency towards uniformity may have modified earlier 
conditions and changed the occasional Danegeld into the fixed 
hidage, part of the regular farm. 

The understanding of hidage in Oxfordshire is complicated 
by an apparent connexion made between it and the payment 
which seems to be identified with the fulstingpound of other 
localities. It would even seem in some cases as if in Oxford- 
shire this payment of 6d. before judgement and i2d. after judge- 
ment made by the tenants that they might be quit of fines in 
the hundred or the view, were actually called hidage. While 
this may be true, it does not seem probable that such is 
necessarily the meaning of hidage elsewhere ; it is more likely 
that in Oxfordshire, as other passages show clearly enough. 

1 Ibid. ii. 741. 

2 Ibid. ii. 835 : ' Et tota villa predicta conjunctim dat domino xs. de 
hydagio per annum ' ; again, p. 838. 



120 CUSTOMARY RENTS [ch. vi 

the payment for misdemeanours was called hidage because 
made by those in the hidage of the vill, and not by those who 
lived on land extra hidam. 

Coriiagium, Hornagium, Noutegeld, Homgeld. The payment 
called cornage found on the lands of Durham, and commonly 
in Northumberland, Cumberland, Westmoreland, 1 has been 
a good deal discussed, and some questions regarding it are 
.still unanswered. Dr. Round has disentangled it from castle 
guard. 2 Mr. Lapsley, in a long and instructive paper, 3 going 
over all the printed evidence, believes that it was a seigniorial 
due, in the beginning given by vills probably for right of 
pasture, basing his argument for the connexion of cornage 
and pasture on the name itself, on the fact that cattle are the 
basis of the assessment, and that it is found especially in 
certain vills in Boldon Book, which in his interesting division 
of Boldon vills into certain regular types he calls pasture vills. 
Mr. Lapsley believes that this seigniorial due, whose origin he 
considers obscure, but which was incumbent on the unfree, 
became attached in the course of time to certain tenements, 
became a real burden, or, as he puts it, immediately ' a part of 
the forinsec service ' of the land, and, as a burden on the land, 
paid by any tenants free or villein who might come to hold 
such tenements. Later this due was, he believes, used as the 
symbol of a certain kind of tenure, probably drengage, which 
was called for convenience per cornaginm. One point in 
Mr. Lapsley's explanation seems to present grave difficulties. 
How can the transformation of a seigniorial due for pasturage 
into a royal payment be accounted for? If cornage had 
been originally or at any early stage of its development simply 
a payment to the lord of the vill, why should, then, its 
change into a burden on the land instead of on the person 
of the tenant, change it also into a payment to the king 
instead of to the feudal lord ? The process of change is usually 
in the other direction :— that is to say, originally royal pay- 

Cornage is sometimes included in immunity lists of lands elsewhere ; 
for example, P. Q. W., p. 253, in Edmund Crouchback's fees. 
Commune of London, pp. 278-288. 
1 Lapsley, Cornage and Drengage, Am. Hist. Rev. ix. 670 sqq. 



CH. vi] ROYAL RENTS: ADMINISTRATIVE iai 

ments are absorbed by the manorial lords until their original 
royal character may be almost lost sight of. Is it not more 
probable that cornage in its origin was simply a form of the geld 
which, in the north, in localities where pasture was common 
and agriculture less common than in the south, happened 
to be levied on the number of animals possessed by the 
individual or by the vill instead of on the unit of land ? It 
would then have been called in the north cornage, just as in 
the south a similar payment based on land might be called 
hidage, being levied at the rate of id. an animal. 1 Its inclusion 
in the list of burdens on geldable land, 2 with the other royal 
obligations from which land is freed by charter, becomes 
natural, and it would have no necessary connexion with 
pasture beyond the fact that the number of animals held 
forms a natural basis of assessment for taxes in a pastoral 
community. 3 Indeed, the number of animals is a common 
enough basis of assessment for the incidence of a fiscal burden 
within the manor throughout England. Thus the wardpenny 
is frequently so assessed, 4 and in some cases even the hidage 
itself. 5 Cornage was evidently one of the royal payments 
that fell annually, and not on occasion only. It is accounted 
for regularly in the Pipe Rolls. 6 In this case, as in the case 
of hidage in certain southern counties, the geld may have 
become fixed at a certain annual sum, perhaps under the 
influence of the farm system, which seems to have preferred 
a certain to an uncertain rent. It was included in the sheriff's 

1 Feod. Dun., p. 145 n. ; Vill. in Eng., p. 295. 

2 Newmin. Ch., pp. 197, 269 ; Cock. Ch. i. 41 ; Rievaulx Ch., p. 214 : 
North. Ass. Roll, pp. 237, 335 ; Feod. Dun., p. 145 ; Rot. Hund. ii. 18 
(ii. 472, a misprint for homagioY). 

3 Probably this would explain the passage, Bold. Bk., p. 571, where 
it is stated that certain villani pay rent and labour services like others 
of Boldon except cornage, ' que non dant pro defectu pasture ' ; compare 
Bish. Hatf. Surv., p. 173 : (Norton) ' Toti villani nichil solvunt de 
cornagio ibidem, eo quod non habent pasturam, prout patet in libro 
de Boldon.' In this survey cornage was paid commonly on St. Cuth- 
bert's day, for example, pp. 18, 21, 45. On p. 143 it appears as horne- 
yeld : ' Praedicti cotagii solvunt quolibet anno inter se pro operibus 
vocatis Horneyeld \id! 

4 See below, wardpenny. 
6 See above. 

6 Compare Red Bk. Excheq., p. 797 : ' Idem Vicecomes lv/. xixs. iij^. 
de Notegeldo quolibet anno reddendo.' 



122 CUSTOMARY RENTS [ch. vi 






farm ordinarily, although not invariably. It may, of course, j i 
have been an annual payment from the beginning, as were, [ r; 
for example, sheriff's aid and probably the payment of suit \ 
and pontage, but in these cases the reason for the appearance j i 
of the payment as an annual rent is clear, while cornage looks 
more like the hidage of Bedfordshire and Buckinghamshire. 

This interpretation of cornage may make more clear also 
the reason for the fact that it is paid commonly, though 
not invariably, by the vill or villata as a whole, especially 
as recorded in the Boldon Book. 1 It was pointed out by 
Professor Maitland that 'tributes to be paid by the vill 
as a whole in money or in kind are not of recent origin. 
They are more prominent in the oldest than in other docu- 
ments ' ; 2 and Professor Maitland uses the cornage of Boldon 
Book and the payments in the Black Book of Peterborough 
as illustrations of his statement. It may be that they were 
more common also in the vills where conditions were pastoral. 
Whether or no we may believe that seigniorial pressure has 
in such cases necessarily intervened to call forth communal 
action, or whether with Professor Vinogradoff we may believe 
in the possibility of initial responsibility of the vill as a whole 
for such burdens, 3 it is certainly clear that an obligation for 
which the vill as a whole was responsible in the twelfth century 
would be more likely to be a royal than a seigniorial payment. 
Seigniorial dues were more often and conveniently apportioned 
individually among the tenants. 

Cornage and the vacca de metride are usually coupled 
together in the Boldon Book, payment being made in money 
for cornage and one cow de metride. Some connexion between 
the two is accepted as possible by Dr. Round, 4 and Mr. Lapsley 
believes that the vacca de metride, or milch cow, was a regular 
part of the cornage payment, and an indication that it was 

1 Bold. Bk.,pp. 567, 568, 569, 571, 580 ; 570: ' Queryngdonshire redd. 
lxxv. sol. de cornagio et iij vaccas de metirede ' ; ibid. : ' Villani redd. 
xx sol. de cornagio.' Cf. Rent. & Surv. Roll, i. 730. 

2 D. B. B. p. 147. 
Gr. of Man., pp. 318, 319, 360, et seq . 
Comm. of Lond., p. 287 : ' From the above important charters (to 

St. BeesJ it would seem that the two dues went together.' 



CH. vi] ROYAL RENTS : ADMINISTRATIVE 123 

once made in kind and was now in part commuted. Certainly 
the payment of the cow fell like the payment of the money- 
rent on the vill as a whole, for where a part of the vill is 
answerable for a part of the cornage, the same part of the vill 

I is answerable for a corresponding fraction of the cow also. If 
the payment of metrez, metreth, is the same as the metride 

1 the connexion is not altogether so clear. A charter of 1149 
may point to a distinction. 1 Roger, to whom land is conveyed, 

\ ' was to render thereby two pence annually, two shillings for 
cornage, for "metreth" as much as belongs to the land.' In 
the later Surveys, moreover, the two payments are separately 
entered, and are paid at different terms, 2 cornage by bond 
and free, metrith usually by bond alone. On the lands of 
St. David's, especially in Cardiganshire, sometimes elsewhere, 
there is an ancient rent of a cow de commorth or commortha, 
sometimes a cow and her calf, paid at the Kalends of May in 
every third year, and occasionally commuted by a yearly sum, 
the annual payment being valued at 6s. 8d., the third of the 
pound. The cow was levied almost certainly on the gzvele, the 
number paid by the vills corresponding in almost every case 
with the gweles or lecti in the vill, even to fractional parts, 3 
and was probably a pasture payment, possibly resembling the 
English gaerswin.^ It is tempting to find some connexion 
between the cow de commorth and the cow de metride, but 
there is no proof. In any case, however, it may well be that 

1 Amer. Hist. Rev., loc. cit. ; cf. Feod. Dun., p. 114 n. 

2 See Bish. Hatf. Surv., where the payment of the cow is common but 
is not always connected with cornage. The two rents are entered 
separately, and paid at different feasts, St. Martin's and St. Cuthbert's. 
Cornage varied in amount, metrith was $s., or 6s., or 12s., 6s. being the 
value of a cow: e.g. p. 18: 'Metrith. Omnes bondi et cotagii solvunt 
inter se pro i vacca de Metrith ad festum S. Martini ibidem quolibet 
anno, ut dicunt . . . 6s. ;' and pp. 17, 28 (antiqui bondi), 31, 128, 171, 183. 

3 Black Book of St. David's (Cymm. Rec. Soc), p. 200 : 8 lecti, 
'qui vocantur gwele ' give 8 cows ; so also pp. 204, 210, 212, 214, 216, 
236, 254, pass. ; and especially p. 232, where the rate is observed even 
by small fractions of the gwele. Slight variations occur, pp. 206, 208, 
260, 274, which can probably be explained as the result of later con- 
fusion ; cf. Mon. Angl. iv. 166, 633, 675. 

4 Ibid., p. 236: 'Et si aliqui dictorum tenencium non resideant super 
terram domini et vaccam ibidem habuerint nisi inter alios vacce pro- 
portionaliter soluerint quod terra in manu domini debet capi nisi alia 
districtio super terra inveniatur. 






I 



124 CUSTOMARY RENTS [ch. vi 

the conjunction oicomage and metride in the lists of obligations 
on land is purely verbal. 

Auxilium vicecomitis. Sheriff's aid was one of the most 
common burdens on geldable land. It is recorded in the 
Hundred Rolls for the counties of Cambridge, Derby, Devon, 
Dorset, Essex, Hertford, Huntingdon, Lincoln, Norfolk, 
Northampton, Nottingham, Suffolk, Sussex, Warwick, and 
Wilts. In certain other counties it may be included under 
some general head ; in Hereford, for example, as perquisites of 
sheriffs, or prises and farms of beadles. 1 Its non-appearance 
in other counties, however, especially in Bedford 2 and Buck- 
ingham, for which we have the very full double set of reports, 
can hardly be explained as merely an omission on the part of 
the scribe. It may be worthy of remark that four of the 
counties in which sheriff's aid probably does not appear, 
Bedfordshire, Buckinghamshire, Berkshire, and Oxfordshire, 
are the counties in which an annual hidage was levied, more 
or less generally, at the rate of two shillings on the hide. 
Both payments occur in Cambridgeshire, but the hidage there 
is occasional and often subtracted by great lords. In 
Huntingdonshire also, where sheriff's aid is common, hidage 
appears only on the lands of Ramsey, and goes to the abbot. 
Although the two payments were quite different in their 
origin it would look as if the annual hidage of two shillings on 
the hide might in some cases have been considered as the 
equivalent of the sheriff's aid. 

In view of the large number of references to the sheriff's 
aid, and the importance of the payment, it is disappointing 
to find so little explanation of its exact nature. The accepted 
definition 3 of the aid as money paid to the sheriff to meet his 
expenses seems to be upheld by occasional passages. The 
sliirrevesivelcome paid at the tourn in Essex, for example, 
was probably the same as sheriff's aid, 4 and so also the donum 



1 Rot. Hund. i. 186. 

' The peculiar Ramsey hidage occurs in Cranfield, Bedfordshire, but 
is paid to the abbot. Rarn. Cart. i. 276, 277, 439, 451, and above, hidage. 

3 Stubbs, Con. Hist. i. 282 ; Round, Feud. Eng., pp. 500-501 ; Kennet, 
Par. Antiq. Gloss. 

1 Rot. Hund. i. 157 : 'Dicunt quod vill' de Chaur' solebat venire ad 









ch. vi] ROYAL RENTS: ADMINISTRATIVE 125 

vicecomitis of Wiltshire and Kent. 1 It may, in the beginning-, 
have been a commutation of the sheriff's right of purveyance, 
traces of which linger perhaps in the oats paid at the tourn, in 
the sheaves and poultry sometimes extorted by bailiffs, and 
in the palefridus vicecomitis, the aid for fodder for the sheriff's 
horse. In Norfolk the rent was sometimes called shirreve- 
scot, 2 in Northamptonshire shirevesyelde? and in Suffolk 
scherreveselver.^ Dr. Round's identification of the consuetudo, 
over which Becket and the king quarrelled at Woodstock, with 
the sheriff's aid will be remembered. 5 The opposition of the 
archbishop to the transformation of the aid into a royal pay- 
ment was, however, evidently of no permanent avail : it is 
clear from the Hundred Rolls that the kings of later days in 
large measure had gained Henry's point, and no distinction is 
made between the destination of the aid to the sheriff and 
that of any other royal payment. 6 The aid was no longer 
apparently the sheriff's peculiar property, but the king ' was 
seised of it and all other gelds '. 7 Its subtraction was a heavy 
loss to the king. 8 This assimilation of the aid to the other 



*fc>* 



turnum vicecomitis bis per annum et contribuere ad communem finem 
xijW. et solebat dare ad shirreveswelcome \yi. et facere sectam ad hun- 
dredum.' 

1 Ibid. ii. 260, 276 : ' Dicunt quod dominus Rex percipit per annum 
. . .de dono Vicecomitis' ; Inqu. 11 89, p. 115 : 'et debent acquietare donum 
vicecomitis et hidagium et nichil modo inde faciunt et in tempore Ed- 
wardi vicecomes solet defendere homines Glastonie ad comitatum. Seri- 
cus aliquando recepit tres denarios pro dono vicecomitis et hidagium 
similiter quod canonici modo detinent ' ; Mich. Ambr. Rent. p. 167: ' Memo- 
randum quod homines petierunt inducias de dono vicecomitis, scilicet, 
de qualibet virgata \\)d. et de H. . . . \\s. vi//.' In Kent the rent was very- 
common, e.g. Faust. A. i, fif. 18, 53 (a sulung gives l2d.), 43, 65. 

2 Rot. Hund. i. 454, 483 : ' quos reddere solebant annuatim ad hun- 
dredum ad redditum quod vocatur Schirreveschot ' ; and ii. 734 : (Oxon) 
' schirpeni.' 

3 P. 0. W., p. 557. 4 Ibid. p. 731. 

5 Feud. Eng., p. 498, quoting Grimm's. Life of St. Thomas: ' Con- 
suetudo : dabantur de hida bini solidi ministris regis qui vicecomitum 
loco comitatus servabant, quos voluit rex conscribere fisco et reditibus 
propriis associare.' 

6 Rot. Hund. ii. 275, paid by sheriff to king; see also p. 276. 

7 Rot. Hund. i. 335 n. : ' 1'ostea convictum est per xij et per vice- 
comitem quod terra ilia est geldabilis et quod dominus Rex est seisitus 
de auxilio vicecomitis et de omnibus aliis geldis per manum Elye de 
Rabayn capital is domini feodi illius ita quod nichil inde deperdit domino 
Regi'; and i. 329, 331 ; ii. 448, pass.; P. Q. W., pp. 293, 300. 

8 P. Q. W., p. 302.' 



i 2 6 CUSTOMARY RENTS [ch. vi 

royal payments was probably easy enough under the system 
of farming the revenues of the county. It could be included 
by the sheriff with other sources of his revenue, and to the 
holder of the knight's fee or the small tenant from whom it 
was ultimately due, the original distinction would soon be 
a matter of no importance. 1 

It is clear from a number of passages in the Hundred Rolls 
that the aid was paid usually, if not always, at the sheriff's 
tourn. In the roll of the sheriff's tourn in Wiltshire in 1439 it 
is recorded as paid by the tithing at the tourn. 2 In Clifton 
hundred in Devonshire the sheriff made one tourn a year and 
took then from the hundred of Clifton ioj-. 2d., 'qui denarii 
appellantur auxilium vicecomitis.' 3 Again, in Dorsetshire, 
until the Provisions of Oxford and the subtractions of Richard 
of Gloucester, the men of the hundred used to come twice 
a year to the sheriff's tourn and give 8s. to the sheriff's aid. 4 
In Essex a vill used to go to the tourn and contribute to the 
common fine and to the shirreveswelcome. 5 In Norfolk 
tenants used to pay annually at the hundred the rent called 
shirreveschot* The aid cannot be identified with another 
payment made 'ad turnum vicecomitis' which was sometimes 
paid by the same man by whom the sheriff's aid was also 
paid, 7 nor usually with hundred aid. 8 Nor can it be identified 
with money paid as composition of suit at court, although 
there are occasionally evidences of some confusion between 
the two payments, especially in Northamptonshire. The 
abbot of Crowland endeavoured, unsuccessfully, to prove that 
a rent paid by him was for quittance of suit, the sheriff main- 

1 Compare Rot. Hund. ii. 226. 

2 Wilts. Arch, and Nat. Hist. Mag. xiii, p. 117 (Roll of tourn) : the 
tithing of Coulesfeld pays 4*. 3d., and presents that all is well, but is 
fined for not bringing the sheriff's aid as it should have done : compare 
P. Q. W., p. 183. 

3 Rot. Hund. i. 67. 

4 Ibid. i. 100. E Ibid. i. 157. 

s Rot. Hund. i. 454, 483 : ' Idem tenentes subtrahunt vs. viijVf. qu. quos 
reddere solebant annuatim ad hundredum ad redditum qui vocatur 
schirreveschot.' 

' P -Q- w - PP-73I, 77 '4, P«ss. 
But see Rot. Hund. ii. 666: 'et hundr'heyld scilicet auxilium vice- 
comitis ' ; and ii. 172, where it is said to ' pertain to the hundred ', probably 
with reference to its payment at the court of the hundred. 






CH. vi] ROYAL RENTS: ADMINISTRATIVE 127 

taining that the rent in question was paid ' for sheriffs aid, and 
not for any suit '- 1 

It is difficult to discover the unit of assessment of the 
sheriff's aid, or any regular and uniform rate at which it was 
levied. The frequent connexion of the payment with the 
hundred would suggest that it may originally have been 
assessed on the hundred and subdivided among the vills. 
Within the hundred, however, there seems to be no uniformity 
except perhaps in Lincolnshire, where led. is paid usually by 
the carucate, 2 and in Kent, where it is stated that the rent is 
taken by hides or by carucates. 3 Sometimes it was made by all 
classes within the vill together, free, custumarii, coterelli ; 4 and 
it is stated that a man paid secundum proportionem tenementi 
sui. 5 It was paid by the vill direct to the hundred, 6 or by the 
knight's fee through the hands of the lord of the fee, 7 or by 
tithings. 8 Like all other burdens on geldable land it was 
frequently subtracted by lords, either justly or more often 
unjustly. The Abbot of Ramsey collected it and retained 
it, by reason of his regality, through all his hided lands, 9 
except in Woldhyrst, where the tenants of the Prior of St. Ives 
collected and handed over to the reeve of the prior the 
sheriffs aid, wardpenny, and zvodehac, which used to be 
collected by the abbot's bailiff of the hundred (the abbot held 
the hundred in which St. Ives lay). 10 The abbot collected his 

1 P. 0. W., p. 302 ; compare ibid., p. 239 : The prior of S. Waleric is 
summoned to say why he does not permit his villeins to make suit at 
the tourn. He replies, ' quod ipse quietus est pro se et hominibus suis 
de auxilio vicecomitis, per cartam . . . et quod ea ratione clamat ipse 
esse quietus pro se et hominibus suis predictis de secta facienda ad 
turnum predictum ; ' also pp. 390, 396, 402, 404, 406, 408, 412, 41 ;, 416 ; 
and Add. MSS. 35,169 : Auxilium vicecomitis is paid and for it 'clamat 
predictas terras suas ibidem quietas a secta comitatus hundr* wap' et 
tithing' murdrum et commune amerciamentum '. 

2 Rot. Hund. i. 255, 280: ' quelibet carucata terre xxd.'; and pp. 365, 
378, 388 ; cf. P. Q. W., pp. 152, 154: (Derby) ' sive capiatur per hidatas 
vel carucatas '; again, p. 47, and Rot. Hund. i. 286. 

3 P. Q. W., p. 320. 

4 Rot. Hund. ii. 456, /tow. 5 Ibid. ii. 418. 

6 Ibid. ii. 258, 428, 429, 456, 559. 

7 Ibid. ii. 418, 434, 445, 468, 477, 478; P. Q. W\, pp. 393, 394, 397- 

8 Rot. Hund. ii. 119. 

9 Ibid. ii. 629 ; cf. pp. 483, 680 ; i. 1 97. 
10 Ram. Cart. i. 285. 



i 2 8 CUSTOMARY RENTS [ch. vi 

aid from all classes of tenants, the holders of the free hides, 
the free tenants, the censuarii, the virgaters, the cottars. The 
rate varied from 2d. to 6\d. a virgate. 1 The Bishop of Ely kept 
the aid in parts of Cambridgeshire, 2 the Abbot of Gloucester 
collected it in Gloucestershire, 3 the Bishop of Lincoln, the 
Abbot of Peterborough, and the Abbot of Barling collected the 
'pennies of the sheriff' from their 'rustics' and retained them 
to their own uses, by what warrant was not known. 4 The 
Earl of Gloucester was a serious offender in the same respect, 5 
and innumerable lords — all to the heavy loss of the king. 6 
The account of Lincolnshire in the Hundred Rolls is especially 
instructive. Sheriff's aid was, in this county, one of the most 
common and important of the royal payments, being assessed 
at the rate of 2od. on the carucate. In a surprising number 
of cases land had become non-geldable at the wapentake, it 
was no longer talliagible, 7 it was demense of the king and 
perhaps never gelded, 8 it was part of the honour of Richmond, 9 
or had been subtracted by some lay lord, 10 but much more 
often, having once been geldable it was at the time of the 
Hundred Rolls 'terra elemosinata ad grave dampnum domini 
regis'. 11 The church, rightly or wrongly, had obtained the 
royal dues from a great deal of land, and it was necessary to 
have the witness of the men of the hundred to prove that land 



1 See Ram. Cart. pass, for rate, especially i. 364, 456. 

2 Rot. Hund. ii. 485. 
s Glouc. Cart. iii. 97. 

4 Rot. Hund. i. 372 : ■ Collegerunt vie' denar' de rusticis suis. Et sic 
retinuerunt ad opus suum vel non antiquo waranto aut quantum nesciunt.' 
Cf. i. 243, 244, 251, 280, 301, 335, 368, 373, 445. 

Rot. Hund. i. 100: ' Item dicunt quod homines hundredi . . . solebant 
venire ad turnum vicecomitis et dare ad auxilium vicecomitis et sic 
semper fecerunt usque ad provisiones Oxon' a quo tempore nichil sol- 
verunt de auxilio predicto, subtrahuntur per Ric* quondam com' Glouc.' 
Cf. p. 191 ; ii. 132, 137,484,666. 

6 Ibid. ii. 9, 129 ; i. 193, 197, 457, pass. 

7 Rot. Hund. i. 316. 

8 Ibid. i. 260. 

• Ibid. i. 329. 10 ibid. i. 335, 374, pass. 

11 Ibid. i. 335 : ' Item prior de Ormsby subtraxit forinsecum servitium 
in Elkineton jam xx annis elapsis scilicet auxilium vicecomitis quo 
warento nesciunt ad dampnum Regis xij<r/. de duabus bovatis terrae et 
sic elemosinatur ilia terra que solet esse gueldabilis.' Also i. 260, 277, 
278, pass. 



1 6 






CH. vi] ROYAL RENTS: ADMINISTRATIVE 129 

was still geldable at the wapentake, and owed auxilium vice- 
comitis?- 

Palefridus Vicecomitis. With the sheriff's aid there is 
sometimes mentioned ' the aid called palefridus vicecomitis '. 2 
This rent is evidently a survival of the old purveyance right 
of the sheriff to obtain fodder for his horse. It may be 
compared with the common pasture rents for the horses of 
raglots and other bailiffs mentioned in the Welsh extents, 3 
and with the oats due at the tourn, 4 and with the common 
duty of feeding satellites, horses, and dogs, of the lord's 
hunting parties. 5 

Hundred aid, Hundred scot, Hundredsilver, Hundredgeld. 
In certain localities another payment is mentioned with the 
sheriffs aid, the aid of the hundred, 6 or as it should perhaps 
sometimes be extended, the aid of the hundredar? It was 
probably a payment similar in character to the sheriffs aid, 
made to the bailiff of the hundred, who is sometimes called 
the hundredarius* for his personal expenses. It is clearly 
distinguished from money paid in quittance of suit at the 
hundred court. In Norfolk, for example, certain tenants paid 
12^., by which they desired to be free of suit, but the king 
declared that the \id. had always been paid for hundredscot 
and not for quittance of suit, 9 just as in the case of Crowland 
he declared that a certain rent was for sheriff's aid and not 

1 Rot. Hund. i. 33511. 

2 P. Q. W., p. 147 : ' de aux' vie' . . . et de aux' quod vocatur palefridus 
Vicecomitis'; also pp.419, 635; Rot. Hund. ii. 291: 'Et hundredum 
le Repindune valet per annum vij'/z. et palefridus Vicecomitis valet xta.' 
Again, p. 297 : (Hundred of Appeltre) ' solebat reddere domino R. cs. 
donee W. vetus comes Derb' fecit excambium cum domino Rege Iohanne 
pro tercio denario firme de Derb' et modo placi^a et perquisita valent 
x/z. per annum et reddit ad palefridum per annum ix/z. viijj. et \\\]d. et 
pro auxilio vicecomitis xls. per annum.' 

8 Denbigh Survey, loc. cit. ; Trib. Sys. in Wales, App. pp. 117 sqq. 

4 Rot. Hund. ii. 31. 

5 Ibid. ii. 60, and above. 

6 Rot. Hund. ii. 605 : (Hunts) ' Item dicunt quod abbas Ram' capit 
hundredesgeld de omnibus feodis suis infra hundredum'; and pp. 114, 
629, 632, 676, 680 ; i. 469, 470, 510, 527, 541. 

7 Ram. Cart i. 275, 491 n., 364. 

8 See below, and Rot. Hund. i. 41 : ' Non dederunt hundredariis nisi 
quinque marcas pro isto hundredo et modo xv marcas ' ; also Vill. in 
Eng., App. p. 441. 

9 P. Q. W., pp. 482, 495- 

c. r. K 



i 3 o CUSTOMARY RENTS [ch. vi 

for suit. In the Hundred Rolls hundredscot occurs most 
commonly in Norfolk as one of the burdens on geldable 
land, part of the geldagium of the hundred, which is paid over 
to the king's bailiff unless the geldagium has been subtracted 
by lay lords or the church. 1 In Huntingdonshire the hundred 
aid was collected and kept by the Abbot of Ramsey for his 
own uses by reason of his regality. 2 In Staffordshire a 
hundred aid is mentioned occasionally, 3 and in Hereford 
Imndredfey, which may, however, have included all sorts of 
perquisites of the bailiff of the hundred. 4 Outside of the 
Hundred Rolls it is found sometimes in manorial documents. 
It is mentioned once or twice as himdredpeny on church 
manors in Somersetshire, where it was collected probably by 
the church : 5 it occurs in descriptions of Gloucester manors 
as the Jiundredsilver , hundredfe, which was paid once by 
the customars in common, 6 and in another case was paid 
to the king as hundredsilver, or as hundredtvite, by a tenant 
pro capite sao? It may be referred to in the Domesday of 
St. Paul's, in the description of the year 1181 of Beauchamp in 
Essex, when it is stated that the manor defended itself for five 
hides and gave the sheriff 4^. and the reeve of the hundred $s. 
by the hand of the fir metritis of the manor. 8 It is very 
common also in lists of franchises. 

The comparatively rare occurrence of the aid in the 
thirteenth century may be due to the fact that the hundreds 
were either in private hands, or if still in the hands of the 
king were usually farmed by bailiffs of the sheriff. Suit at 
court was so often commuted that probably the meetings, 
except those for the sheriff's tourn, were unimportant, and 
sparsely attended, and the aid once generally paid on such 
occasions to the presiding officer had become merged in the 

1 Rot. Hund. i. 469, 470, 527, 528, 531, 539, 540, 541. 
Ibid. ii. 629 : ' Dat annuatim xij^. ad auxilium Vicecomitis et hun- 
dredi quos abbas de Rameseia percipere consuevit per regalitatem quam 
habet de Rege ' ; also pp. 605, 632, 666, 676, 680. 

3 Ibid. ii. 114. • 4 ibid. i. 186. 

6 Bath and Wells Vac. Roll, 1131/3 ; Winch. Pipe Roll, Taunton. 
8 Glouc. Cart. iii. 158 : ' et dabit hundredselver pro capite suo domino 

Regi ' ; and iii. 213 ; ii. 223. 

7 Ibid. iii. 104, 158. 8 D. S. P., p. 114. 



CH. vi] ROYAL RENTS: ADMINISTRATIVE 131 

less specific perquisites of bailiffs or of the hundred, which 
went to make up the farm. That there was not, however, 
a tendency toward the final abandonment of any of the 
sources of revenue in the hundred, whether royal or private, 
is clearly enough shown in the Hundred Rolls, in the 
exorbitant increase in the amount of farms since earlier times, 
and the frequent references to the oppression of bailiffs. 1 

Wardsihcr, Wardpenny, Streteward, Wafcefe, 2 Waytefe. 
One of the most common duties incumbent on geldable land 
was the service of guard, ward, or watching, a service which 
by the thirteenth century had often become commuted into 
wardsilver, wardpenny, or some other payment for ward. 
Various kinds of ward duty must be distinguished from one 
another: some were manorial, some were feudal, some were 
royal. Probably in origin, however, all kinds of ward were 
royal or public services, and part of the maintenance of order 
in the kingdom. Fairs and markets, for example, at which 
watches were often made, were, in theory at least, always 
franchises granted away with their appurtenant profits by the 
king, while watching in manors might be considered part of 
the duty of watch and ward, provided for in such detail in 
the familiar series of regulations of Henry III and Edward I. 
Ward duties of a higher nature also affected, indirectly, the 
manorial classes. The ward incumbent on the military tenants 
was usually castle guard. This duty, originally rendered in 
service, 3 had by the thirteenth century, in a great number of 
cases, become commuted, so that it was rendered in money in 
time of peace, although sometimes still rendered in actual 
service in time of war. 4 The service was paid at royal or 
private castles, at the castles of the shires, 5 sometimes at the 
castle of the hundred, 6 or at castles outside the shire which 

1 See below. 2 Burt. Ch., pp. 93, 94. 

3 Compare the service of furnishing castelmen usual on Durham 
manors ; Bish. Hatf. Surv., pp. 21, 28, 129, 157 ; Bold. Bk., pp. 571, 579, 
580, 584, 585, 586. 

4 Rot. Hund. ii. 232, 235, 236, 238 ; i. 27. 

5 Ibid. ii. 527, 549, 360 : The king has the Castle of Cambridge 
1 in manu sua cum comitatu '. 

6 Ibid. ii. 25, 31, 568, 705 ; i. 108, 113, 152 ; and ii. 214: a hundred 
attached to a castle, see below. 

K 2 



, 3 , CUSTOMARY RENTS [ch. vi 

were often the castles of the honour of which the fees were 
held. 1 The castle of Devizes could be guarded in time of 
peace, the Hundred Rolls state, by twenty-five marcs a year, 
and no less ; and a long list of Wiltshire fees that owed ward 
at the castle, or had owed it in the past, is appended to 
the statement. 2 Fees in Bedfordshire owed ward or ward- 
selver at Rockingham and Beverley ; in Buckinghamshire at 
Dover, Northampton, and Rochester; in Cambridgeshire at 
Cambridge, Rockingham, Craven, Richmond, and, by special 
arrangement with the Bishop of Ely, at the island of Ely ; 3 
in Kent at Dover and Rochester ; in Lincolnshire at 
Rockingham ; in Norfolk at Norwich and Dover ; in 
Northamptonshire at Northampton, to whose ward we are 
told fifteen fees in different counties contributed, 4 and at 
Rockingham ; in Oxfordshire at Dover, Banbury, and 
Windsor; and in Wiltshire at Devizes, and formerly, probably, 
at Old Sarum. These were some of the chief castles at which 
ward was due, according to the Hundred Rolls, and these the 
counties in which payment for ward is commonly mentioned. 5 
The interest of the subject from the point of view of the 
manorial classes lies in the fact that the commuted service of 
the castle guard was borne by the customary tenants. The 
lord of the fee recouped himself for his payment by a col- 
lection from his tenants, 6 and, just as in the case of scutage, 
there was a presumption that the money for the pay- 
ment would be taken from the military tenants of the lord, 
from the freeholders and important censuarii, rather than 

1 Rot. Hund. i. 20, 26, 29, 31, 491, 495 ; ii. 235, 460, 461, 486, 518, 567, 
568, 580, 785. 2 Ibid. ii. 236. 

3 Ibid. ii. 495 ; Claud. C. xi. f. 7 : ' Et sit quieta de warda militum in 
castella nostra de Norwyco ita quod milites de honore S. Etheldrede 
qui solebant facere wardam in dicto castello faciant earn in Ely ad sum- 
monicionem Elyensis episcopi. Sit etiam quieta ipsa ecclesia de xxxvj. vd. 
ob. qui dabantur vigiliis ejusdem castelli de liberacione sua unoquoque 
anno de terra de S. Etheldrede et sit quieta de xb. de warthpeny qui 
requirabantur de terra sua et hominibus suis.' 

4 Ibid. i. 31 ; cf. i. 16; ij. 301. 

B Cott. MSS. Julius F. x. f. 142 b (155 b) gives a list of the castles 
and towers in Northumberland, royal and private, the names of the 
castles in Hants, Sussex, Essex, Suffolk, Norfolk, Kent, Somerset, and 
Devon. 

8 Harl. MSS. 3977, f. 87. 



CH. vi] ROYAL RENTS: ADMINISTRATIVE 133 

from the villeins proper. Even more often than in the case 
of scutage, however, the presumption did not hold, and 
villeins paid their regular quota to the castle guard. 1 The 
villata sometimes paid the wardsilver in common, or through 
the lord, becoming responsible for the annual payment of 
a certain amount ; 2 sometimes they paid it according to 
the number of inhabitants. 3 Very often the rent had got 
attached to certain tenements in the vill, and not to others. 4 
Occasionally the assessment of payment for ward of some 
kind was made according to the number of animals owned by 
a man, 5 just as hidage was assessed according to tenement 
and beasts. Sometimes the ward is recorded in terms of 
days or weeks or even years, 6 sometimes again it was paid 
by a sort of rotatory system, a tenant paying men in alternate 
years. 7 All such arrangements would be the result of local 
convenience. Often, of course, the wardpenny, like other royal 
dues, was subtracted from the royal castle and retained by 
the lord, to the loss of the king. 8 At Forncett in Norfolk, 
and on Ely manors in the same county, the term forward or 
forzvardsilver, or forwach occurs. 9 It seems to refer to castle 
guard or some other watching service. 

The term wardsilver or, more often, wardpenny, was pro- 
bably used also for the commutation of other wards than 

1 Rot. Hund. ii. 459, 499. 5*3, 846; Batt. Abb. Cust., p. 32. It is 
often not possible to tell what kind of ward is indicated by the common 
wardpenny often due from customary tenants. 

2 Ibid. i. 27, 31, 152; ii. 426, 456, 843. ■_..,..;■* 

3 Re°\ Wore. Pr., p. 171. The assessment at Ely was on the individual 
rather than the tenement. Thus the plena terra, the dimidia terra, and 
the cotland each gave a penny at Stratham, see Claud. C. xi. f. 43, cf. f. 176. 
Every tenens de hundredo gave a penny, see f. 54. The wardpenny 
belonged to the hundred (ff. 52, 54), but the hundred was in Ely's hands. 

4 D. S. P., pp. 72, 74, 85 5 Add. MSS. 35, 169, and elsewhere. 

6 Ram. Cart. i. 365, 390: 'Sciendum etiam quod quilibet habens m 
festo S. Martini vivum catallum ad valentiam triginta denariorum dabit 
in eodem festo ad warpeny unura obolum, sive fuerit virgatarius, sive 
croftarius'; Rot. Hund. i. 137: ward taken from beasts at pasture 
where the fee owed none. Again, ii. 453, and D. S. P., p. lxxx ; Vac. Roll, 
1 143/18 ; Kennet, Par. Antiq., vol. i. 45°- 

6 Rot. Hund. i. 474 ; ii- 7 8 5- 

7 Ibid. i. 474; ii- 55 2 > 864. 

8 Ibid. i. 49, 52, 53, 484, 526 ; ii. 432, 519, 534 5 P. Q- W., p. 234, pass. 

9 Davenport, Norf. Man. App. in the account rolls of 1272, 1376 ; 
Claud. C. xi. f. 234. 



T34 CUSTOMARY RENTS [ch. VI 

those of castles. Bridges were guarded, or the duty of 
guarding them commuted for a money rent. 1 Ward was 
kept also at the gates of towns, 2 ' and along the ways of the 
hundred,' 3 and in meadows near the Severn. 4 In the Hundred 
Rolls' accounts of Shropshire streteward takes the place of 
castle guard as the common payment. 5 Streteward is coupled 
regularly with motfech as the most important of the burdens 
on geldable land in the county, and is assessed usually, though 
not invariably, at the rate of fourpence on the hide. 6 The 
payment is not called wardpenny in this shire, but may well 
have gone under that name elsewhere. Streteward was 
probably simply part of the familiar duty of watch and ward, 
applied primarily to watches within villages, but including 
also the maintenance of order in the roads of townships. 
The legislation of Henry III and Edward I for the main- 
tenance of order in the vills describes the watches of four or 
more men, the number varying according to the size of the 
vill, who are to ensure protection from any form of disturbance, 
and who have authority to arrest strangers over-night until 
they can prove the innocence of their intention. 7 A passage 
quoted by the editor of the Domesday of St. Paul's from the 
Domesday of 1223 is interesting as showing the incidence of 
watch and ward on the villagers. ' Whoever has cattle on 
the lands of the lord to the value of $od. shall give one penny 

1 Ely Inqu., D. B. Add., p. 507 ; Rot. Hund. i. 30, and see pontage. 

2 Lib. Alb., p. 646 : ' Quod quilibet bedellus summoneat certos homines 
in warda sua armatos ad custodiendas Portas, et qui defecerit solvat loco 
suo substituto x\)d.' 

3 Inqu. 1 189, p. 84. 

* Reg. Wore. Pr., p. 134 a: ' De vigilia prati de Kyngesham. Post 
primam falcationem prati de Kyngesham ultra Sabrinam usque dum 
fenum levetur faciant vigiliam in prato qualibet nocte successive.' 

8 Rot. Hund. ii. 778 (cf. slritpeni). 

6 Ibid. ii. 55, 56, 57, 62, 75, pass. ; P. Q. W., p. 93. The rate was higher 
in some hundreds, e.g. ii. 70; cf. ii. 83: ' Dicunt quod hundredum de 
Stottesdene est in manu domini Regis et respondit vicecomiti annuatim 
de xiiij marcis excepto stretwarde quod valet per annum xv'ujs. id. et 
motfe xxxv.?. id. et exceptis duobus turnis vicecomitis.' 

7 See Select Charters, p. 362, for the provisions of 1233 '1 PP- 37°~ t 
for the writ of 1252 ; p. 374 for the writ of 1253 ; and p. 469 for the pro- 
visions of the Statute of Winchester ; cf. Reg. Wore. Pr., 171a; and Leg. 
Will. Pr. i. 26 (Schmid, p. 341) : ' De chascuns x hidis del hundred 
un hume dedenz le feste S. Michel et la S. Martin ad stretwarde ' ; 
Schmid, p. 355. 






CH. vi] ROYAL RENTS : ADMINISTRATIVE 135 

at the feast of St. Martin, which is called wardpenny, except 
those that are watching de ward, who watch at the royal 
street at night — (twelve names follow) — and they shall receive 
the wardstaf and make the summons of the watch, and shall 
be quit for the summons from the pennies which are called 
wardpennys' 1 Another passage in the Domesday of St. Paul's 
shows the tenants of Chingford, free and villeins, anciently 
attending unsummoned three lagehundreds in the year. 2 At 
one of these, the Hokeday lage/inndred, the tenants were 
bound 'praesentare quandam Wardam in quodam baculo 
qui vocatur Wardestaf.' When, later, the view of frankpledge 
was held by the bailiff of the hundred and the bailiff of the 
manor in the church of Chingford, lod. was paid for ward- 
penny. The picturesque customs relating to the wardstaff are 
described in other accounts of Essex. A willow bough was 
cut in a certain wood on a certain day, it was wrapped in 
a ' faire fyne lynnen cloth ' and taken by the bailiff (of the 
hundred) to the place assigned, where the lord and his tenants 
on whom the service of watch and ward devolved should 
attend. A rope was stretched across the road with a bell on 
the end, and near the bell was the staff laid on a pillow and 
representing the king's majesty. The bailiff called the roll : — 
'The said Bailiffe shall severally call the names of all the 
aforesaid tenants, landowners, who shall present their said 
ordinarie number of men accordingly. Then shall the said 
Bailiffe in the king's name straightlie charge and comande 
them and everie of them to watch and keep the ward in due 
silence soe that the Kinghe harmless and the countrie scapeless 
until the sunne arising.' Notches were cut in the staff for 
the ' full ordinarie number of able men well harnessed with 
sufficient weapon ' that appeared ready to perform the service. 
The staff was carried through towns and hundreds and then 
thrown out to sea. 3 There was thus ensured a 'yearly 

1 D. S. P., p. lxxx, quoting I. 28 (Survey of 1279). 

2 Ibid., p. lxxx, quoting I. 65. 

3 Charnock, Man. Cust. Essex, pp. 17 et seq. ; for wardstaf set Rot. 
Hund. i. 155, ii. 235 ; Batt. Abb. Cust., p. 126 : ' Baculus debet currere 
a festo S. Michaelis usque ad Nativitatem, et a Pascha usque ad festum 
S. Petri ad Vincula ; et sunt xiiij borgi scilicet . . .' (the names follow). 
For watching fugitives, see Rot. Hund. i. 240. 



136 CUSTOMARY RENTS [ch. VI 

muster of fencible men ' to guard the hundred against 
murder and robbery, for both of which it was liable to pay 
a fine. At Glastonbury the villeins guarded the way of the 
hundred. 1 

Sometimes the service of watching seems to have lost in 
large measure its royal character and to have become quasi- 
manorial. Thus the watches at fairs had become a customary 
service in the many cases where the fair, in origin royal, had 
become the franchise of a private lord. The Ramsey villeins 
commonly kept watch at the fair of St. Ives, each in his turn ; 
but this service did not free the villein from the payment of 
wardpenny to the abbot for castle guard or other services of 
ward. It should be noted, however, that such watching at 
St. Ives or ' at other times for the guarding of robbers,' was 
sometimes considered as the equivalent of some purely 
manorial services to the lord. 2 In such cases the original 
royal service has become wholly manorialized. The Prior of 
Boulton in one instance seems to have used some watching 
service, a ' congregacio hominum que vocatur wach ', as the 
occasion for instituting a fair and holding it without warrant. 3 
Other forms of manorial watches are described in the Domes- 
day of St. Paul. At Wicham in Essex the virgater watched 
one night around the curia of the lord at Christmas, a service 
which is described more fully in a later document quoted by 
the editor of the Domesday. The customary tenant was 
bound with other tenants of the same rank to provide that 
one of them should keep watch at the court from Christmas 
to Twelfth Day, and have a good fire in the hall, and food. 
If any damage were done during the watches, he that watched 
had to make the loss good unless he had raised the hue and 
cry for the village to go in pursuit. The editor believes that 
the commutation of this service would have been called ward- 

' Inqu. 1 189, p. 82: 'Ad custodiam regis obolum ' (bis); and p. 84: 
custodiam reddunt ad custodiendum vias per hundredum ' 

Ram Cart. i. 301 : ' et vigilabit ibidem (at St. Ives) ad turnum suum 
quotiens dominus voluerit ; et si summonitus fuerit die operis sui ad 
vignandum, si in crastino illius noctis debeat operari, ab ilia operatione 

C " p U nV and PP< 29 °> 325 > 3 37, 345, 354, 3«5, 39o. 
r. y. w., p. 212. 



CH. VI] ROYAL RENTS: ADMINISTRATIVE 137 

penny also. 1 The messor of the village watched the lord's 
crops at night. 2 Guarding the grange is a common manorial 
service commuted as the rent hedernewech. 

It is clear enough that the same tenant might sometimes 
have to pay wardpenny or wardsilver to help his lord recoup 
himself for his castle guard, and might, in addition, have to 
perform some service connected with watch and ward, or some 
manorial watches. 3 Such matters would be managed differ- 
ently in different manors, according to the convenience of the 
lord or communal custom. The assessment of the wardpenny 
upon the village, as has been said, was either in accordance 
with a man's tenement, certain tenements being charged with 
some such forinsec ward service just as they were charged 
with suit of court, or in accordance with the number of 
animals possessed by the tenant. Of course, where the profits 
of geldable land had been subtracted by the lord wardpenny 
was taken by him for his own uses, together with the other 
royal payments. The Hundred Rolls furnish many instances 
of the subtraction of it ' to the grave loss of the king ', and in 
the compotus rolls it is accounted for among the regular 
profits of the lord of the manor. 

Pontage. Another common impost, in origin public or 
royal, was the pontage or duty of maintaining by labour 
or money contributions the public bridges, a service not to be 
confused with the passagium, or toll for passing over the 
bridge, or the briggeward paid in commutation of the duty 
of watching it. In the thirteenth century the levy of pontage 
had become in so many cases a franchise and a means of 
extortion that it is difficult to discover the original system 
of assessment ; clearly, however, the duty of maintaining the 
chief bridge of the county, that is to say, the bridge in the 
chief town, was, in Cambridgeshire and Nottinghamshire in 
any case, incumbent on the county. 4 In the Quo Warranto 

1 D. S. P., note, p. Ixxiii, quoting I. 98, and p. 34: 'et vigilabit circa 
curiam domini una nocte Nath' ad cibum domini'; Harl. MSS. 3977, 
f. 86 : ' wardbedrips ' [probably for waterbedrips ?]. 

2 Claud. C. xi. f. 117. 

3 Rot. Hund. i. 152, 156; ii. 448 ; and Ram. Cart., references given 
above. 4 P. Q. W., pp. 633, 655. 



I3 8 CUSTOMARY RENTS [ch. VI 

Rolls the obligation is sometimes placed with some clearness. 
The pontage is defined in relation to certain tenants-in-chief 
as the actual factara of the bridges, the maintenance of them 
according to certain fixed dimensions, and not as a money 
fine, 1 and it is shown that the actual labour was to be per- 
formed by the villeins of the lord in question, or on certain 
ancient demesne manors by his sokemen, the wood for repairs 
being furnished by the lord. Thus in Hertfordshire bridges 
had been allowed to become weak, and the king, on a recent 
visit, had incurred grave danger. A long list of the tenants 
holding by pontage service is therefore given, with the names 
of the bridges at which their service was due, and the exact 
amount of service, either in the making of small bridges or 
in the number of feet of repair on larger ones, to be per- 
formed, and three tenements are especially mentioned on 
whose holders was incumbent a duty of bridge inspection, the 
duty of examining all the bridges of the county before a royal 
visitation to see that they were in repair, and of riding over 
them before the king. 2 Pasture privileges were sometimes 
held in return for pontage. 3 In the fen district of Lincoln- 
shire bridge services and the related making of ditches and 
gutters were of special importance, and the responsibility for 
them was laid very definitely upon certain abbots and priors 
and their tenants, who are declared to be responsible accord- 
ing to the acreage of their tenements, ' every acre being equal 
to every other acre in this region.' 4 The duty of maintaining 
Rochester bridge was distributed pier by pier. The Bishop 
of Rochester was responsible for the first pier, for the planting 

1 P. Q. W., p. 633 : ' Abbas et omnes monachi sui et omnes res et homines 
eorum villani quieti sunt et liberi de omnibus quietanciis supradictis 
except' de pontagio tamen si per hoc verbum pontagium intelligatur fac- 
tum pontis quia dicunt quod idem abbas et homines suis facere debent 
pontem Notingham qui dicitur le Tounbrigge una cum tota communitate 
comitatus Notingham'; see also pp. 284, 745, 748. Cf. Feod. Dun., 
p. 27 ; Glouc. Cart. iii. 51. 

2 Ibid., pp. 284-6, especially 2S6 : ' Per tale servicium quod ipsi 
contra adventum domini R. predictum deberent circuire omnia loca ubi 
predicti pontes debent fieri et videre quod bene et sufficienter fient et 
equitare ante dominum Regem' ; cf. Rot. Hund. i. 118. 

5 Ibid., p. 284 : 'pro pastura habenda ad duodecim animalia.' 
* Ibid., p. 406. 



CH. vi] ROYAL RENTS: ADMINISTRATIVE 139 

of three 'virgates' or rods, and the finding of three 'sullives', 
and this duty was performed for him by four of his vills. 
He was responsible for the third pier also, and the other piers 
were apportioned to others, the sixth being divided among 
many tenants of sulungs, juga, and acres. 1 

In general, pontage was due from the geldable hides of the 
county, and might be levied by the sheriff when occasion 
demanded. Religious houses were usually exempt, but were 
sometimes, perhaps as a survival of the old bridge-building 
service, held for the maintenance of certain bridges. 2 The 
Templars, for example, were responsible with the community 
of the county for the Tounebrigge of Nottingham, 3 and Ely 
for the bridge at Alderhithe. 4 Within the exempt fees 
pontage was levied in many cases by the lord of the fee as 
he might wish, often as a money payment of regular annual 
amount. In Ramsey pontage was paid by the ' free hides of 
Hirstingston hundred ' and by many of the customary tenants, 
and the collection of it was a regality exercised by the abbot. 5 
The corrupt practices and methods of extortion of lords and 
of sheriffs are frequent causes of complaint in the Hundred 
Rolls, and some excellent examples of their evil doings are 
given. The Bishop of Ely, instead of keeping in repair the 
bridge and causeway of Alderhithe, a royal way, for which, 
as has been said, he was responsible, left it dissolution for 
sixteen years, and established a ferry at which he took a toll 
of a halfpenny from every horseman and a farthing from every 
foot-passenger, his receipts being so large that he sometimes 
let the ferry at farm for as much as 20s. a year. 6 Other 
pontages too were exacted by the bishop. The vill of 
Chatteris paid him a yearly sum to be exempt from extra- 

1 Lambard's Perambulation of Kent, pp. 415, et seq.; cf. Stat. Realm, 
21 Rich. II. The old bridge had been destroyed by Simon de Montiort, 
and by severe frosts in the following years. 

2 Rot. Hund. i. 221 : ' Et idem cepit et injuste asportavit xxxs. de col- 
lectione pontagii Roff ' tocius hundredi predicti et communie.' 

3 P. Q. W., p. 655. 

4 Rot. Hund. ii. 411. 

5 Ram. Cart. i. 287, 295, 309, pass. 

6 Rot. Hund. ii. 411 : 'Dicunt quod calceta et pons de Alderhethe est 
regalis via et fuit fracta et dissoluta jam per sexdecim annos elapsos 
et debet reparari per Episcopum Eliens' et per tenentes suos.' 



i 4 o CUSTOMARY RENTS [ch. vi 

ordinary imposts, 1 and other Ely vills paid briggebot? Much 
worse offenders were the sheriffs of Cambridgeshire. The 
great bridge of Cambridge was weak, and whenever it needed 
repair it was the custom for the sheriff to levy a pontage on 
the geldable hides of the county. William le Moygne during 
his sheriffdom took a shilling from every geldable hide, and 
rendered no account of his expenditure, but repaired only 
part of the bridge, pocketing meanwhile 40J. passage money. 3 
Still more extortionate was Robert de Lestire ; in his 
sheriffdom the bridge was broken by a great flood, and 
Robert allowed it to remain untouched for six weeks and 
more, making meanwhile a bargia or ferry and carrying 
passengers over for a toll, ' to the loss of the country ten 
pounds.' 4 On this occasion, or some other like it, the same 
unrighteous sheriff made a ferry and took ioor. from it, and 
in addition levied i$d. pontage on every geldable hide before 
he repaired the bridge. 5 Again, he took once a pontage of 
as. from every hide where there had never been taken more 
than 6d. ad hidam, and applied only one-third of the proceeds 
to the bridge. 6 When the county forced him, on another 
occasion, to repair the bridge, he used very light stones and 
woodwork. 7 Still again, to bring the tale of his iniquities to 
a close, he took from the poor men of Barnwell 40s. when he 
ought to have taken only a mark, ' nor did he ever apply that 
money to the bridge.' 8 The sheriff of Lincoln declared that 
a sound bridge was weak and levied a pontage. 9 Other 
sheriffs seized the chattels of individuals and refused to return 
them until a very high pontage of i6d. had been paid. 10 Some- 
times the towns had taken over the maintenance of the bridge 
and held it at farm. 11 

1 Ram. Cart. i. 437. 

1 Vac. Roll, 1 132/10: (Lyndon) 'et de ijj. de quodam certo redditu 
quod vocatur Briggebot.' 

* Rot. Hund. ii. 407. Compare pp. 452,481. 

* Ibid. i. 55. Compare i. 52 ; ii. 407, 452, 481. 

6 Ibid. ii. 407. « Ibid. i. 50, 52, 54. 

„ lbld - i- 54- 8 Ibid. i. 50. 

J Ibid. i. 258. 10 Nott. Rec. i. 82. 

Rot. Hund. i. 406: ' Dicunt etiam quod cum pons London' fuisset 
multo tempore in manibus civium civitatis et semper consueverint 
de communi assensu facere custodem ad commune proficuum domini 



Ich. vi] ROYAL RENTS: ADMINISTRATIVE 141 

With the pontage is often connected the pavage, pavagium, 
or paagium, which is defined in the Liber Albus as the tax 
levied on horses or vehicles ' for keeping the middle of the 
street in repair V and appears in the Hundred Rolls, especially 
in Lincolnshire, as money taken to sustain the paving of the 
bridge or causeway. 2 It was levied upon boats, foot-pas- 
sengers, horses, and carts, and was in these cases a toll rather 
than a regular impost. Occasionally, however, certain tene- 
ments were definitely responsible for the paagia, probably as 
part of their duty of maintenance of bridges. 3 With this or 
murage the old stangeld may perhaps be identified. 4 

Muragium. Of murage, or the money paid for wall-work, 
there is less frequent evidence than of pontage. In the 
Hundred Rolls it occurs usually in the descriptions of Lincoln- 
shire as a common article of inquiry in the wapentakes and as 
a common burden in the borough. It was granted to the 
citizens of Lincoln by Henry III, and the mayors collected 
it for their own uses, through receivers who carried peculation 
very far. An honest collector who rendered a faithful account 
is mentioned as an exception. 5 The money which should 
have been spent ' ad emendacionem murorum civitatis ' 6 was 
usually kept for the private uses of the receiver, who on one 
occasion refused to render any account of his expenditures, 
beyond stating the amount of his balance and declaring that 
the rest had been spent on the walls ; ' where, however, that 
money was expended,' the jurors say, ' we do not know, since 
it does not appear in the walls or in any other works of the 
lord king.' 7 Occasionally the term murage seems to refer to 
the actual stone used in the wall-work, which was sometimes 
taken unjustly and used for private buildings. 8 Two receivers 

Regis et sue civitatis et omnium transeuncium nunc est dictus pons in 
manibus domine Regine ... est in magno periculo cadendi.' 

1 Munim. Gildh. vol. 2, pt. 2, pp. 818, 819. 

2 Rot. Hund. i. 249, 259, 293, 298, 308, 314, 321, 322, 333> 3^5, 
402, pass. ; P. Q. W., p. 392. 

3 Ibid. i. 249. 4 P. Q. W.,p. 550. 

5 Rot. Hund. i. 322. 

6 Ibid. i. 108, 259, 276, 298, 301, 304, 314, 315, 322, 338, 355, 398, 399 ; 
ii. 517. 7 Ibid. 1. 315. 

8 Ibid. i. 322 : ' fecit cariare apud Sanctum Botulphum meliorem 



I4 2 CUSTOMARY RENTS [ch. vi 

took rock to the value of ioo^. from a quarry at Lincoln 
which belonged to the murage and kept it, and one of them 
carried to St. Botulph the same excellent stone and made 
himself a house valued at .£20, and with murage and boistagium 
bought arable land. 

Boistagium. A rent called boistagium occasionally appears, 
once in connexion with murage, 1 and seems to be explicable 
as a payment made for wood to be used in public works. 
One of the franchises often claimed by religious houses, and 
especially by the Hospitallers, was freedom from requisitions 
of wood for royal buildings or fortifications. 2 Similar pay- 
ments were truncagef and possibly bustsilver^ and ivodivel-^ 
sc/iot, the last a curious rent lingering in the hundred of North- 
grenehow in Norfolk, and clearly royal, 5 and the Ramsey j 
wodehac, due from free hides of Hirstingston hundred. 6 A 
tolnetum buste navium is mentioned as a royal due at 
Windsor. 7 

The line between payments like these, for the maintenance 
of public works and fortifications, and tolls taken on various 
occasions is sometimes very difficult to draw. The history 
of tolls forms a subject by itself, or is part of the study of 
customs revenue or of trade and towns rather than of cus- 

petram scissatam de quareria Line' et liberam et ibi fecerit quandam 
domum de dicto muragio ad valenciam xx//.' ; cf. p. 315. 

1 Rot. Hund. i. 322 : ' de pecunia muragii et boistagii Line'.' 

2 P. Q. W., p. 503 : land freed from ' operibus castellorum parcorum et 
poncium clausuris et omni careio et summagio et navigio et domum 
regalium edificacione et omnimoda operacione. Et quod ne bosci eorum 
ad predicta opera vel ad aliqua alia ullo modo capiantur et quod bladum 
eorum vel hominum suorum vel aliquid de rebus suis vel hominum suorum 
ad castella munienda non capiantur.' Cf. pp. 464, 538, 654. 

3 Red Bk. Excheq. ii. ccxlvii, referring to the carrying of timber for 
the fortification of Bamburgh Castle. 

* Reville, Le Soulevement des Travailleurs d'Angleterre, App., p. 260 j 
' de quadam custuma vocata poundale et bustsilver ', taken at markets, 
from merchandise sold. 

I Rot. Hund. i. 526: ' Et de \\\)s. xd. ob. de quodam annuo redditu 
qui vocatur wodewelschot ' ; again, 483 : ' subtrahunt vs. vijrf. qu. quos 
reddere solebant ad com' Norwic' quod vocatur wodewellshot ' ; passim 
in the description of the hundred. 

6 Ram. Cart. i. 297: '.Forinsecum servitium cum wodehac'; again, 
iii. 324: 'Item solutae vicecomiti Huntindoniae pro Wdehac x marcae' ; 
and i. 284, 288, 296, 297, 308, pass. 

7 Rot. Hund. i. 18 : ' Tota villata de Eton solebat dare tolnetum buste 
navium et omnia regale tangencia.' 



CH. vi] ROYAL RENTS: ADMINISTRATIVE 143 

tomary rents. Prisage, stremtol, watertol, aqitage, ankerage, 
kaiage, keletol, quarterage, rivage, wharfage, butlerage, lestage, 
mensurage, pesage, tonnage, tronage, nlnage have little to do 
in most cases with ordinary manorial life. Yet the records 
do not distinguish clearly between regular and occasional 
sources of revenue, the difference between public and private 
dues was often lost, and there was, moreover, a constant 
tendency to put uncertain and occasional obligations ad 
certain, at a fixed annual sum, an arrangement preferred by 
the lord and apparently acquiesced in by the villata. It 
might become the 'custom of the manor' for almost any 
occasional due or toll to be paid ad cerium. The tolls most 
frequently so converted, to which, in any case, whether as 
fixed or occasional rents, the villeins were most often subject, 
were the tolls for passage of one kind or another, and the 
tolls connected with buying or selling in the ordinary village 
market. 

The most important tolls taken for passage were the follow- 
ing:— 

Cheminagium. Chiminage was the toll exacted for passage 
through the forest. To the warden of the forest belonged 
certain perquisites of office, collected for him by the foresters, 
among which were fines for lawing dogs, dead and dry wood, 
collected without an iron instrument, barkand crops of oak, wind- 
fall, cablish, pleas of little thorns called bestnaweger, of those, 
namely, that ' cannot be perforated with an auger ', nuts, hens, 
oats, retropannage, and chiminage. 1 Chiminage was collected 
from those not living in the forest who passed through it with 
carts or horses, either for the purpose of carrying goods and 
merchandise, 2 in which cases the toll was properly a trans- 
versum, or for the purpose of collecting from it certain kinds 
of wood. 3 The amount of chiminage due to the foresters is 
clearly stated in Henry Ill's charter : it was id. a cart for 
the first half-year, and id. for the second half-year, and a 

1 Rot. Hund. i. 22, 24, 26 ; ii. 40 ; Sel. Pleas. For., p. 122. 

2 Rot. Hund. ii. 848 ; Burt. Ch., p. 151. 

* Sel. Pleas. For., p. 8 ; Rot. Hund. ii. 267 : ' De qualibet carecta dif- 
ferente buscam brueram et turbas de Nova foresta . . . unum denarium ' ; 
and ii. 233, 248, 249. 



i 44 CUSTOMARY RENTS [cil. vi 

halfpenny from a horse for the first half-year and another 
halfpenny for the second. Usually, however, the foresters 
took far in excess of this amount ; from a poor man with wood 
on his back, for example, 6d. ; from a rich man as much as 
can be got ; from a cart %s., $s., 4s. ; from a horse with a load 
iad., i6d., iSd. ; 'to raise the fine which they have made with 
the chief forester.' * The Hundred Rolls have many references 
to the unjust tolls levied in the name of chiminage. Thus in 
Wiltshire the Earl of Gloucester had afforested a large district 
(totam patriam), probably inclusive of several hundreds, and 
had put in office foresters who were taking chiminage. 2 Royal 
foresters were constantly exercising their power unjustly, and 
long lists of grievances were presented at the eyre. 3 Chiminage 
was occasionally paid at a regular annual rate by an individual 
or a villata, and in such cases may be rightly included among 
customary rents. Thus in Oxfordshire all in the vill of 
Hensington gave the chief forester 2s. for which they had free 
chiminage in the forest, for collecting virgae for their ploughs, 
three times a year, and for collecting old brushwood through 
the rest of the year. 4 All the villata of Parva Trewe gave the 
same forester 6d. for chiminage. 5 Occasionally a custom- 
ary tenant made individual fine for his chiminage. 6 The 
English form of chiminage was probably weypeny? and in 
Durham a similar payment made by a vill was called 
forestagium?" 

Thtirctol. Thurctol, thurghtol, variously spelled, was paid 



1 Sel. Pleas. For., pp. 8, 125-8. 

s ?°, t, T t ? und - "' 233 ' 24 5' 2 4 8 > 2 49, 267 ; i. 47, 152. 

3 Sel. Pleas. For., pp. 125-8. 

4 Rot. Hund. i. 24, 25, 26, 28, 64, 76, 152, ii. 874 ; ii. 866 : 'et villatae de 
Derneford et de Wichel dant forestario de Wichewod de certo per annum 
x\jd. ad habendum liberum cheminagium eundo ad forestam et redeundo 
de foresta et m\\d. pro ward' ballivo hundredi ' ; and Batt. Abb. Cust., 
p. 92. 

6 Ibid. ii. 875. 
Ibid. i. 28: a customary tenant gives 'per hyemem pro chiminagio 2s. 
etper estatem 4^.' ; and i/24, 25. 

Ibid. ii. 214: 'Forestarii . . . recipiunt ubique weypeny.' 
I* eod. Dun., pp. lxxii, lxxxvi, 233 : No one is to take in the forest wood 
or vert except by permission or view of the bishop's bailiff, ' nisi mortuum 
boscum, pro quo villatae vicinae dant forestagium, sive capiant sive non, 



CH. VI] ROYAL RENTS: ADMINISTRATIVE 145 

when merchandise passed through a vill or through the 
demesne of a lord where there was no common way. Thus 
the Bishop of Ely took id. from every cart passing through 
his demesne, from every horseload id., and from every foot- 
load a farthing. 1 Thurctol was not justly taken in 'the 
common road where every one goes freely '. 2 If manors lay 
on two sides of a ' civitas ', and a plough were driven across, 
thurctol was paid. 3 

Passagium. Passagium was the general toll taken com- 
monly from boats passing under bridges or into and out of 
ports, and from foot-passengers and carts passing over bridges 
or ferries. The passage by water was very often obstructed 
or in some way made the occasion of unjust levies. Thus the 
passage over the Ouse, once free, became subject to toll ; 4 
boats going into Huntingdon were impeded by a stagnum, 
where passagium was taken ; 5 and in Devonshire, especially, 
many extortions were practised. 6 

Occasionally the passagium may have been paid as an 
annual rent, and may refer to passage through a manor. 7 It 
sometimes occurs in the Latin forms, transversum* and 
transitum viae, 9 and in the form travers. 10 Viagium may be 
the same toll. 11 Pedagium levied on foot-passengers occurs in 

quemdam certum redditum, quidam gallinas, ut audivit pro virgis et aliis 
aisiamentis ad carucas ' ; and pp. 236, 237, 240 ; cf. also Red Bk. Excheq. 
ii. 657, 682. 

1 P. Q. W., p. 584; compare pp. 154, 212, 302, 392, 401,415, 552, 
557, pass. 

2 Ibid., p. 546. 

3 Rot. Hund. i. 126: 'Et si aliquis maneria habeat ex utraque parte 
civitatis et ducat suam carucam per mediam civitatem ballivi capiunt 
teoloneum quod vocatur thurctol' ; and i. 120, 121. 

4 Ibid. i. 105 ; cf. ii. 7, 106, 411, 517. 

5 Ibid. i. 198. 6 Ibid. i. 76, 77, 81. 

7 Feod. Dun., p. 83; Rot. Hund. ii. 702 ; Burt. Ch., p. 119. 

8 P. O. W., p, 418 : the transversum belongs to the manor. 
' 9 Eng. Hist. Rev. xv, 499; Winch. Pipe Roll, p. 80. 

10 P. O. W., p. 730: ' Et episcopus (of Norwich) venit et quoad pre- 
dictum Travers dicit quod predecessores sui et ipse capere consueverunt 
quoddam Travers de mercatoribus extraneis transeuntibus quendam 
pontem in eadem cum mercandisis suis ... ad sustentacionem predicti 
pontis ita quod nullus de patria aliquid ibi dat et dicit quod si predictum 

j Travers auferetur predictus pons decideret.' 

11 Rot. Hund. ii. 705 : ' Tota villata . . . dat domino xij;/. pro viagio ' ; 
cf. Reg. Wore. Pr., p. 78 b. 



I4 6 CUSTOMARY RENTS [ch. vi 

lists of immunities. 1 Haleday toll, perhaps a toll levied on 
a holiday, from those passing along the highway is once 
mentioned. 2 

Other tolls which were sometimes turned into fixed rents, 
and were in any case closely connected with the customary 
tenants, were those due in the ordinary rural markets, and at 
the buying or selling of merchandise or cattle. There were 
many tolls of this kind, some of which have been discussed 
already. Goods brought into a town by buyers or sellers 
were subject to a toll at the gate called Huctol et Dortol\ z 
goods brought by strange merchants were subject to scavage, 
sceawyn, ostensio* The most common toll at the market was 
the stallagium or toll paid for ' stondynge in strites in feyre 
tyme', for having stalls in markets or fairs, 5 the English 
equivalent of which was probably the Durham bothsilver? 
The receipts from stallage were among the large perquisites 
of markets. 7 Occasionally the villein helped in the construc- 
tion of booths or stalls as part of his regular work. 8 

Pacagium is mentioned in connexion with stallage. 9 Pika- 
gium occurs, occasionally, as the duty charged on fairs and 
markets for licence to break the ground or pitch stalls. 10 
Many tolls for buying and selling, for weighing and measuring, 
must often be included in the general teoloneum nundinarumH 

1 Riev. Cart., p. 365 n. 2 ; Munim. Gild., vol. 2, pt. 2, p. 665 and gloss. 

2 Rot. Hund. i. 461 : ' Episcopus Norwic' facit purpresturas super 
dominum Regem eo quod sine waranto capit toloneum quod vocatur 
Haleday tol et pro eo usualiter distringit in via regia.' 

3 Ibid. i. 127: 'quia ceperunt teoloneum de rebus venditis et emptis 
extra forum venale ... ad ostia vendencium et emencium et vocant illud 
teoloneum Dortol et Huctol. Et si vendentes vel ementes in aliquo 
illis contradixerint illos amerciant et alia faciunt contra usum antiquum.' 

* Munim. Gild. vol. 3, 58, 230 ; Red Bk. Excheq. iii. 1033 ; compare 
Commune of London, p. 255. 

6 Higden, Polychronicon, ii. 96; Nott. Rec. i. 62; Lib. de Hyd., 
p. 44 ; Rot. Hund. i. 408, 431. 

6 Bish. Hatf. Surv., p. 100. 

7 Rot. Hund. i. 16, 132 ; ii. 214, 286; Feod. Dun., pp. 236, 238, 243 ; 
Glouc. Cart. iii. 179. 

3 Bish. Hatf. Surv., p. 190 : ' In nundinis S. Cuthberti singuli ii 
villani (faciunt) i botham ' ; Hone, Manor, pp. 237, 239. 

9 Feod. Dun., pp. 236, 238. 

10 Nott. Rec. ii. 351 ; Kennet, Par. Antiq. i. 156. 

11 For large receipts from this source see Min. Ace. 1 128/4, 1131/3, 
1132/5, 1141/1, 1143/18, 1144/1. 



CH. vi] ROYAL RENTS: ADMINISTRATIVE 147 

The instances of special unjust tolls on merchandise and 
cattle entered in the Hundred Rolls and elsewhere are far too 
numerous to be given. 1 Travellers were often at the mercy 
of plundering officers of royal towns and villages, and of 
extortionate men like the four messors in Lincolnshire who 
acted for their lords. 2 

Impositions of another kind, very burdensome to the 
customary tenants, resulted from the undue use of the oppor- 
tunity of collecting various rents which went with the office 
of royal or private bailiff. Oppressive measures were especially 
common in raising farms. Hundreds, whether royal or private, 
were often put at undue farms, and the burden of raising the 
sums required, in money or in kind, fell in large measure in 
the last instance upon the villagers. Examples of unjust 
exactions are given in the Hundred Rolls of almost every 
county. Alexander Hameldene, the extortionate sheriff of 
Bedfordshire, systematically raised the farms ; 3 in Buckingham- 
shire the sheriff held the hundreds at higher farm than he 
ought, and his bailiffs oppressed the people by collecting 
sheaves and the like ; 4 in Yorkshire 5 and Essex 6 the same 
custom prevailed. In Gloucestershire a hundred was much 
oppressed by a multitude of bailiffs ; where once there were 
only five, later the bailiff appointed a sub-bailiff, and the sub- 
bailiff appointed other bailiffs. 7 In Suffolk, St. Edmund had 
eight and a half hundreds, and he let them all in most 
unsaintly fashion at much too high a farm, to the injury of 
the whole liberty. 8 In Cornwall a hundred, once royal and 
farmed at £8, became private and was farmed at ^40, by the 
extortion and malice of the bailiffs, 9 and in Kent a lord made 
a hundred pay 20s. to the Exchequer which he himself should 

1 Rot. Hund. i. 90, 118, 122, 123, 124, 126, 127, 185, 280, 345, 377, 
397, 44i, 473, 533, 535, 538; Norw. Leet, 17, 21, 35, 38, 59; Burt. Ch., 
p. 71. 

2 Ibid. i. 258. s Ibid. i. 4. 

4 Ibid. i. 40, 41. 

5 Ibid. i. no, in, 115, 118, 127, 128. 

6 Ibid. i. 136, 139, 143, 150, 153, 158, 159. 7 Ibid. i. 172. 

8 Ibid. ii. 143, 155, 182: ' Dicunt quod Abbas de Sancto Edmundo 
tradidit istud hundredum diversis ballivis ad altam firmam per quod 
populus patrie multum gravatur. Ita quod ubi non reddidit nisi iiij 01 7z. 
modo reddit viij/*'.' 9 Ibid. i. 56. 

L 2 



i 4 8 CUSTOMARY RENTS [ch. vi 

have paid. 1 The cry against the bailiffs, royal or private, is 
insistent enough, and is evidently raised by the men of the 
vills. The farm, as in the time of Domesday Book, became 
a burden quod 11011 potest pati. Its exact weight upon the 
vills of the hundred is, however, difficult to measure, and it is 
difficult also to tell how much of its unjust excess was due to 
the systematic increase in the rents of which it was composed, 
how much to occasional exactions from individuals. Certainly 
out of the profits of the hundred, in some way, year after 
year, the sum required had to be raised, and when the regular 
sources of profit proved insufficient, additional ones had to be 
supplied. 

There is special insistence in the Hundred Rolls on the 
grievance of the collection of rents in kind for the farm, 
a grievance so common that it suggests for the undue 
exactions of extortionate bailiffs some basis of ancient privi- 
lege of office, some old purveyance rights. The officers of the 
king should receive their fastimg like the festingmenn of the 
Saxon Charters, and the raglots and ringilds and coidars of 
the Welsh law. Food rents had once formed an important 
part of the firma comitates, although by the thirteenth 
century they had usually long been commuted. Requisitions 
of food are mentioned especially in the rolls for Buckingham- 
shire, 2 Devonshire, 3 Hereford, 4 Shropshire, 5 and Lincolnshire. 6 
They were made by sheriffs and their bailiffs, 7 and, commonly, 
by foresters and constables. In Nottinghamshire the number 
of servientes, and consequently the demands for hay and corn, 
had been largely increased, to the great distress of the county. 8 

1 Rot. Hund. i. 227 ; cf. i. 51, 100 ; ii. 7, 20, 38, 4.69, pass. 

2 Ibid. i. 40 : ' Omnes vicecomites tradunt hundreda sua ad altas 
firmas . . . et hac de causa ballivi gravant populum multis modis eo 
quod colligunt garbas in autumpno fenum in estate bladum trituratum in 
quadragesima denarios et alia.' 

3 Ibid. i. 84. * Ibid. i. 186. 

Ibid. ii. 108 : ' sed . . . extorquunt garbos et blada similiter ipse (fir- 
marius) et ballivi sui ad gravamen patrie.' 
J P. Q.W., pp. 390,421.. 
Rot. Hund. ii. 31, 307, 848; i. 25, 225, 456; cf. i. 138: where 
' deberent panem vinum et servisiam secundum consuetudinem regni 
ballivi de hundredo et de honore de Reilee amerciant eos ad eorum 
voluntatem et capiunt de eis emend' in denariis.' 

Rot. Hund. ii. 307 : Where there used to be in a certain wapentake 



CH. vi] ROYAL RENTS: ADMINISTRATIVE 149 

In parts of Buckinghamshire foresters took money rents from 
certain manors, undue chiminage, hens, oats, retropannage, 
and dead wood. 1 In Oxfordshire they took poultry ' at the 
will of the giver'. 2 In one case a private forester took a day's 
entertainment. 3 Constables of castles were even more ex- 
tortionate. To a castle might appertain manors, 4 woods, 5 
hundreds 6 — to the castle and county of Northampton per- 
tained, once, the shire of Rutland ; 7 it was also in receipt of 
labour services, and of rents of various kinds, in addition to 
castle guard. To the castle of Marleberg, for example, the 
hundred supplied men for ploughing, haying, reaping, and 
carting services. 8 The castle was the prison 9 , and it had 
a court like the tourn, 10 presided over by the constable. 
Private castles, or royal castles in private hands, claimed 
privileges like those exercised by castles still royal. The 
constable had thus great opportunities for extortionate 
demands which, according to the Hundred Rolls, he was not 
slow to use. 11 The provision contained in charters of certain 

only six ' servientes pedites ibi sunt modo duo bedelli equitantes cum 
duobus suis garcionibus in le Nordelay et duo bedelli pedites in le Sud- 
clay et duo sunt in Haytfield unde unus equitans et alius ad pedem per 
quod patria multum aggravatur et maxime ex hoc quod colligunt fenutn 
in fenacione et garbas in autumpno et avenam.' 

1 Rot. Hund. i. 24, 25, 26, 33: 'forestarii pedes aliquando colligunt 
avene garbas gallinas in balliva sua non ex consuetudine sed ex gratia ' ; 
and ii. 40, 249, 710 ; P. Q. W., p. 83. 

2 Ibid. ii. 40: 'colligunt gallinas contra Natale scilicet aliquando xl 
aliquando plures aliquando pauciores quia nullus dat nisi ad voluntatem 
suam.' 

3 Ibid. ii. 337: 'et pascet forestarium dicti Prioris ad Natale Domini 
per i diem.' 

4 Ibid. ii. 234, 287. 5 Ibid. i. 52. 
6 Ibid. ii. 234 ; cf. i. 227. 7 Ibid. ii. I. 

8 Ibid. ii. 234: 'Jur' presentant quod hundredum istud est liberum 
hundredum domini Regis et pertinens ad Castrum de Marleberg'. . . . 
Dicunt quod xliij solidatas et iiij denarios de redditu assiso de predicto 
hundredo pertinent ad castrum de Merleberg. Et similiter predictum 
hundredum invenit de consuetudine predicto castro per annum xv carucas 
ad arandum apud La Bertone ad frumentum et xv ad avenam et 1 
homines ad sarclandum et xvij homines ad prata falcanda et xvij carectas 
ad fena ducenda et 1 homines ad blada metenda et xvij carectas ad 
blada carianda per unum diem.' 

9 Ibid. i. 538. 10 Ibid. i. 113, 352 ; ii. 234, .301. 

11 Rot. Hund. ii. 225 ; i. 76, 113, 473, 538 ; see also Winch. Pipe Roll, 
p. 73 : ' In braseo in hospitio die Natalis pro hundredo de consuetudine 
i quarterium in prebenda constabularii, ibidem in adventu suo i quar- 
terium ' ; compare Madox, Baronia, p. 19. 



l5 o CUSTOMARY RENTS [ch. vi 

churches, and of the Hospitallers, that the corn of the Master 
or abbot shall not be taken for the castle, is usually united 
with the provision that private wood shall not be taken for 
royal buildings. 1 Sheriffs and castellani are forbidden to 
' vex the monks, in droves of oxen, or in any other thing, as 
they have been accustomed to do, but to buy all such beasts 
in markets as do others coming from afar'. 2 The constable 
had, probably, a fee of his own attached to his office, and 
personal purveyance rights. 3 

One common method by which foresters, bailiffs of sheriffs, 
and bailiffs of private lords put money into their own purses 
was the holding of scotales, or enforced beer drinkings. 4 We 
can distinguish manorial scotales, on the model probably of 
those held by king's officers, scotales of the sheriff and his 
bailiffs, from which freedom was granted by charter, 5 foresters' 
scotales, holy ales, church ales, leet ales, filsun ales, lamb ales, 
clerk ales, bread ales, midsummer ales, gystales, field ales, 
tenants' ales, bydales, Whitsun ales, Easter ales, bridales, and 
wetherhales. 6 

The manorial scotales were held on the manor by the reeve 
at certain seasons of the year, perhaps to celebrate the accom- 
plishment of certain parts of the routine of agriculture. On 
a manor of St. Paul's the demesne land had to furnish jd., 
and the hearth of every tenant of the vill a penny, to a scotale, 

1 P. Q. W., pp. 464, 503, 538, 654 ; cf. pp. 383, 742 ; and Rot. Hund. 
i. 80 ; ii. 15, 106, 237. 2 P. Q. W., p. 643. 

3 Rot. Hund. ii. 278 : ( Item comes Herefordie tenet unam carucatam 
terre in Cuweleston' de domino Rege in capite pertinens (sic) ad con- 
stabularV 

4 For scotales in general see Du Cange, and Spelman, and Stat. 
Realm, i. 120, 234, 321 ; Hampson, Med. Aev. Kal. i. 287, 288 ; Norton, 
Const. City of London, pp. 386, 387 ; D. S. P., p. cvii ; Mich. Ambr. 
Rent., p. 143 ; Hibbert, Ashton under Lyne, p. 18 ; Hone, Manor, pp. 94, 
119, 229 ; Hist. Fund. Batt., p. 20. 

5 P. Q. W., p. 281 : ' De chacer ad establ' de scothale Regis et auxiliis 
seu donis vicecomitis et ballivorum.' 

6 See Hampson's lists, Med. Aev. Kal., pp. 281, 282, 287, and Ram. Cart, 
i. 312, 493 (the vvetherhale) ; Hampson quotes (p. 287) 26 H. VIII. cap. 6, 
which prohibits unlicensed persons from collecting commorth, Bydale, 
or tenant's ale. Commorth (cf. 4 H. IV. cap. 27) is defined as contribu- 
tions formerly collected on marriages or when young priests first sang 
masses (but see BI. Bk. S. Davids, and above under metride), bydale 
as the invitation to drink ale after the manner of a housewarming, and 
tenants' ale as the feast provided by the tenants. 






CH. vi] ROYAL RENTS: ADMINISTRATIVE 151 

called elsewhere the scotale of the reeve. 1 On Winchester 
manors the bailiff is constantly accounting for the wine and 
cider expended in the scotales. 2 Fuller accounts of the 
manorial scotales occur in Michael Ambresbury's Rental of 
Glastonbury. To have a scotale is declared to be the lord's 
right and duty, and the people are bound to attend. The 
young men and the married come on Saturday to drink at 
the Cunninghale ; on Sunday and Monday husbands and wives 
come and bring a penny, and young men on Sunday bring 
a halfpenny. On Monday night the young men may drink 
without a fee if they are below the settle. The plena scotalla 
should last three days, and the free and customary tenants 
are distinguished from one another by the places assigned 
them. A villein drank three such scotales, one before 
Michaelmas, to which he went with his wife and gave $d., and 
two after Michaelmas, at which he gave i\d. Special pro- 
visions were made regarding extranei and those in the service 
of others. 3 The great marling feasts, called gystales in 
Lancashire, held in the spring after the manuring with marl, 
yielded to the lord as much as 20J-. 4 Hampson's tenants' ale 
is clearly a manorial scotale of this kind, 5 and so also is the 

1 D. S. P., Introd., p. cviii, quoting I. 65 : ' De dominico ad scotallam 
\\)d. et de quolibet astro tenentium ejusdem villae id. ad scotallam ' ; 
again, p. 144: 'Veniebant homines ejusdem tenementi ad scotallam 
prepositi.' 

2 Winch. Pipe Rolls, p. 20 : ' Reddit compotum . . . de xxin>. pro 
I tonello dimidio vini ad scotallam' ; again, pp. 41, 52, 55 (scotale of 
cider), 64 (scotale domini episcopi), 68, 69 ; also, compare Blead. Cust. 
pp. 182, 210 : ' Manducare debet coram domino in primo die adventus sui.' 
In this case the tenant was amerced if he failed to eat. 

3 Mich. Ambr. Rent., p. 143 : ' Homines . . . dicunt quod dominus 
potest facere tres scotallas per annum in Longo Ponte et possunt omnes 
sponsi et juvenes venire die Sabbati post prandium et potare sicut ad 
Cunninghale, et habebunt ter ad potandum, et die Dominica sponsus et 
sponsavenient cum denario suo, etdie Lune similiter. Juvenes verovenient 
die Dominica cum obolo et die Lune possunt venire et potare libere 
sine argento, ita quod non sint inventi super scamnum. . . . Hoc tan- 
turn possunt nativi domini et liberi sui, sed extraneus qui servit alicui 
in manerio vel maneat non potest sic facere ' ; also, p. 108, and Inqu. 
1 189, p. 112 : ' Et debet bibere scotellam domini sicut scotellam vicini ' ; 
also, pp. 123, 125, 129. 

4 Hibbert, Ashton under Lyne, p. 18. 

5 Med. Aev. Kal, p. 287 : 'a feast provided by contributions from the 
tenants of a manor.' 



I5 2 CUSTOMARY RENTS [ch. vi 

scotale of Kent, the ' shot or contribution of ale to entertain 
the lord, or his bailiff or beadle, holding a " Parrock " to take 
an account of the pannage '. 1 

Another manorial scotale of a different character is that 
which was given to the villagers by the lord. Of this scotale 
the Ramsey scythale is a good example. It was the custom 
in a number of manors on the day on which some special 
meadow was mown for the mowers to receive 8d. or \2d. from 
the abbot's purse for a drinking bout. 2 Mowers usually 
received some special compensation for work in the demesne 
meadows ; very often it took the form of hay, as much as could 
be lifted on the scythe without breaking ; occasionally a ram 
or sheep was given. The wetherale of Girton, the lambale 
mentioned by Hampson, was probably the feasting on the 
occasion of the presentation. 3 

The bailiff's receipts from the hundred were sometimes 
supplemented by money from scotales. In a Winchester 
manor there was a drinking bout of the hundred, 4 which 
probably furnishes an example of the hundred ale or leet ale 
mentioned by Hampson. The field ale was another name for 
this same custom — ' a kind of drinking anciently used in the 
field by bailiffs of the hundreds, for which until prohibited they 
collected money from the inhabitants (Coke, 4 Inst. 307), and 
which seems to be the custom so often mentioned in Latin 
deeds and exemplifications of manorial customs under the 
name ftetura ox potura '. 5 To such a scotale the Liber Custu- 
marum refers as the felisonunshale or scotale that small bailiffs 
extort from the suitors of the hundred. 6 The sheriff of London 

1 Robinson, Gavelkind, p. 220. 

2 Sel. PI. Man. Courts, p. 103 ; Ram. Cart. iii. 61 ; i. 398 : 'Die vero 
quo falcabunt Haycroft, tota villata habebit bursa abbatis octo denarios 
ad Sythale. Et si ea die orta fuerit inter ipsos aliqua contentio dominus 
Abbas inde non occasionabit eos, nee implacitabit, sed quicquid ibi trans- 
gressum fuerit inter ipsos emendabitur.' Also, i. 49, 286, 301, 311, 
367 ; ii. 18, 45 ; Reg. Wore. Pr., pp. 14 b, 34 a, 43 a, 65 b, 83 b. 

: Ram. Cart. i. 403. 

' Winch. Pipe Roll, p. 72 : ' In expensis hospitii pro hundredo convivando 
de consuetudine die Natalis'l qu. In braseo ad idem, de eadem con- 
suetudine 1 qu.\ Also p. 7^, and Gloss. 5 Med. Aev. Kal., p. 287. 

3 Lib. Cust. i. 351 : ' De parvis ballivis quibuscunque facientibus cer- 
visiam quae vocatur Felesonunehale quandoque Scotale, ut extorqueant 
pecuniam a sequentibus Hundredorum et eorum subditis ' ; see Gloss. 



ch. VI] ROYAL RENTS : ADMINISTRATIVE 153 

once had a scotale, which was forbidden later with all other 
scotales, except those of such men as might wish to build with 
stone, so that the city might be secure. 1 

The forest charters show that one of the most oppressive 
scotales was that levied by foresters. ' Although the charter 
says that no forester or beadle shall make scotale or collect 
sheaves or oats or other corn, or lambs or little pigs, or shall 
make any other collection, yet the foresters come with horses 
at harvest time and collect every kind of corn in sheaves 
within the bounds of the forest, and outside near the forest, 
and then they make their ale from that collection, and those 
who do not come there to drink and do not give money at 
their will are sorely punished at their pleas for dead wood, 
although the king has no demesne ; nor does any one dare to 
brew when the foresters brew, nor to sell ale so long as the 
foresters have any kind of ale to sell ; and this every forester 
does year by year to the great grievance of the country, and 
besides this they collect lambs and little pigs, wool, and flax, 
from every house where there is wool a fleece, and in fence 
month from every house a penny, or for each pig a farthing. 
And when they brew, they fell trees for their fuel in the woods 
of the good people. . . . After harvest the riding foresters come 
and collect corn by the bushel, sometimes two bushels, some- 
times three bushels, sometimes four bushels, according to the 
people's means ; and in the same way they make their ale, 
as do the walking foresters, to the great grievance of the 
country.' 2 

1 Red Bk. Excheq. ii. ccxlix ; Liber Albus, i. 249 : ' Quod omnes sint 
quieti de Brudtol et de Childwyte et de Jeresgive et de scotale ita quod 
vicecomites nostri Lond' vel aliquis ballivus scotales non faciant.' 

2 Sel. PI. For., p. 126 ; compare Rot. Hund. ii. 249, 253 ; Reg. Wore. 
Pr., p. 145 b ; P. Q. W., p. 218 : 'Et forestarii illi cum veniant ad domum 
alicujus mane ad petendum puturam . . . quilibet eorum capit a domino 
domus illius sex denarios pro putura illius diei et tunc vadunt ad aliam 
domum et sic ad terciam et ad quartam etc. eodem die et capit de quolibet 
domino domorum illarum singuli eorum vj denarios pro putura ita quod 
capiunt pro uno die pro putura quantum capere debent per sex vel 
septem dies.' 



CHAPTER VII 
ROYAL RENTS: JUDICIAL 

BESIDES serving as convenient occasions for the receipt of 
payments connected with the geld, the communal courts had 
a financial value of their own. They were in and for them- 
selves a source of profit, and it was from this point of view, 
rather than as instruments for the maintenance of order and 
justice, that they were chiefly regarded by the king's officers 
and the lords of franchises. 1 When the court was still in the 
hands of the king financial profit accrued to the crown, when 
the court was transferred to a private lord, or its competence 
cut down by the abstraction of suitors or functions, loss to 
the patria, that is to say, to the crown, resulted, and the land 
which had been so removed from royal jurisdiction, and from 
the rents and dues connected therewith, was no longer terra 
sectabilis, terra geldabilis, terra de corde, or corpore comitatus? 
Although county and hundred still served as the basis for the 
assessment of certain fines and rents — the common amerce- 
ment of the county, for example, for false judgements given in 
its courts, and the murdrum fine which fell on the hundred — 
yet much of their older judicial importance had passed, old 
rents due to them had become manorialized, and, as page 
after page of the Hundred Rolls and Quo Warranto Rolls 
show, suits once owed had been subtracted. 3 'Justice can- 
not be done in the county unless suitors be there ' ; 4 but the 

1 See on this point, P. O. W., p. 560 : ' Unde cum predictus abbas 
ea clamat virtute predictorum verborum in predicta carta Regis Knout 
infertorum que pocius sonant in cognicione causarum habenda quam 
in hujusmodi aliquo proficuo percipiendo.' 

2 Rot. Hund. i. 31 ; P. Q.W., pp. 118, 305 ; and compare, ibid., p. 169 : 
' quod hundredum est quoddam corpus pertinens et annexum coronae 
domini Regis.' 

3 See, for example, Rot. Hund. i. 4, 9, 16, 37, 50, 51, 53, 78, 84, 91, 97, 
101, 180, 190, 196; ii. 7, 8, 9, 10, 13, 205, 432, 570, 732 ; for subtractions 
from the tourn, i. 51, 53, 87, 97, 157, 434; ii. 432, 448, 508; P.Q. W., 
P- 733- The examples are endless. 

4 Sel. PI. Man. Courts, p. xv ; P. Q. W., p. 414 : ' Maxime cum justicia 
non poterit fieri in comitatu nisi fuerint ibi sectatores.' 



ch. vn] ROYAL RENTS : JUDICIAL 155 

loss of suit was accepted with some measure of acquiescence. 
More question arose with regard to the withdrawal of suits 
from the two great meetings of the hundred court, which, 
since the Assize of Clarendon, had served for the holding 
of the sheriff's tourn. 1 The financial value of the tourn was 
great ; it was the occasion of the payment of many rents, and 
the crown was as reluctant to yield the claim to it as were 
the great lords to surrender their frequent usurpations. The 
holding of the tourn usually carried with it the right of hold- 
ing the three-weekly hundred courts, but the reverse is not 
necessarily true, the right to hold the ordinary courts did not 
imply in every case the right to hold the tourn, 2 and persons 
whose suits had been subtracted from the ordinary meetings 
were still obliged, at the instance of the sheriff, to render suit 
at the tourn or give the money equivalent. ' The tourn is not 
a liberty annexed to a manor or a hundred,' the lawyers said, 
1 but belongs specially to the crown and dignity of the lord 
king,' and can be alienated only by direct grant. 3 

In multitudes of cases, however, the franchise of the hundred 
was made to include the tourn of the hundred, or else the right 
to inquire concerning the articles of the tourn was exercised 
by the great lords within their manors, whether those manors 
lay in a royal hundred or in a hundred held by another lord. 
In Berkshire, 4 Derbyshire, 5 Devonshire, 6 and Kent 7 many 
hundreds were private, 'ubi nihil acrescere potest domino 
Regi.' 8 In Hertfordshire, on the other hand, out of seven and 
a half hundreds, the king had six, the Bishop of London 
half a hundred, and the Abbot of St. Alban's one. 9 In 
Buckinghamshire there were in all eighteen and a half 

1 Sel. PI. Man. Courts, IntrocL, especially pp. i-xxxviii. 

2 Rot. Hund. ii. 227, 745, 828 ; i. 206— the tourn is excepted from the 
farm of courts ; P. Q. W., pp. 165, 253, 395. 

3 Ibid., p. 171 : ' Dicit . . . quod turnus vicecomitis non est libertas 
annexa manerio neque hundredo set specialiter pertinet ad coronam et 
dignitatem domini Regis ; ' p. 289 : ' predictus visus est quedam specialis 
libertas non pertinens ad shyras et hundredos'; again, pp. 160, 290. 

4 Ibid., pp. 81 sqq. 

5 Ibid., pp. 152-4. 6 Ibid., pp. 164-5. 

7 Ibid., pp. 319, 321, 329, 33 2 , 334, 33$ ; Rot. Hund. i. 200, 218, 223. 

8 P. Q. W., p. 167. 

9 Rot. Hund. i. 188, 191 ; P. Q. W., p. 290. 



i 5 6 CUSTOMARY RENTS [ch. vn 

hundreds, all royal, although many liberties had been sub- 
tracted from their courts. 1 The claim to the hundred was 
based usually on a charter freeing the land in question from 
suits at shires and hundreds. Sometimes, especially in Berk- 
shire, Devonshire, and Kent, 2 it was based on the fact that 
the hundred was said to be appendent to a given manor 
which was held by the lord exercising the franchise, but such 
survivals of ancient arrangements were not usually allowed 
to pass without criticism by the king's lawyers, who declared 
that a charter granting a manor was not enough to include 
the hundred also, since the hundred was larger than the 
manor, 'hundreda extendunt se ulterius quam predictum 
manerium.' 3 In still other cases the hundred was claimed on 
the ground that the lord was hundredarius, that he held, in 
other words, the bedeleria or bailiwick of the hundred as 
appendent to his fee, together with the right to receive all 
' pennies which the sheriff or royal hundredarii, or their 
bailiffs used to receive', 4 but this claim too was rejected by 
the lawyers on the ground that the office of hundredarins was 
1 quasi quedam justiciaria, spectans mere ad coronam et non 
ad aliquid tenementum ', 5 and also that the king had the 
power of appointing ' bedelles ' as he would. 6 Elsewhere the 
hundred was held at fee-farm of the king by the lord, the 
profit in such cases arising from an undue increase in the 
receipts. 7 A hundred in Staffordshire, for example, was held 
at fee-farm from the king for 6 marcs and 6s. Sd. y but when 

1 Rot. Hund. i. 21. 
P. Q. W., p. 81 : ' Seisiti fuerunt de predicto hundredo tanquam per- 
tinente ad manerium predictum quod quidem hundredum est in eodem 
manerio et non excedit metas predicti manerii ' ; and p. 343 : the abbot of 
Faversham claims ' habere in manerio suo de Faversham libertates sub- 
scriptas per cartam. Regis Stephani videlicet hundredum de Faversham 
cum omnibus libertatibus et liberis consuetudinibus simul cum omnibus 
sectatoribus ' ; also pp. 321, 334, 342. An excellent example is Wye, to 
which 221 hundreds were once attached, later seven. Five others 
were summoned, but Battle got nothing because they had their own 
ditches; Batt. Abb. Cust., pp. 126, 306. 

3 P.Q.W.,p.82. 

4 Ibid., pp. 252, 264, 298 ; Rot. Hund. ii. 27 ; see Vill. in Eng., 
App. xi, p. 441, for hundredors as suitors at the hundred, and Claud. C. xi, 
"•49) 54, 6j,y>ass. ; Tiberius B. ii, ff. 100, 105, 107. 

J'-.Q. W., p. 255. e ibid., p. 174. 

Ibid., pp. 29S, 306, 319, 365. 



7 



'CH. vii] ROYAL RENTS: JUDICIAL 157 

ithe king recovered seisin of it it was assessed at 33-I marcs 
ja year additional. 1 The division of hundreds between the 
king and lords, or among different lords, was sometimes 
intricate 2 

The classification of the rents and dues that formed the 
profits of jurisdiction is difficult for several reasons. The 
constant subdivisions and subinfeudations of franchises and 
their money proceeds are confusing ; the terminology varies 
in different localities ; and last, but perhaps not least, there is 
a lack of clear definition of the purpose of some of the rents, 
a vagueness of nomenclature which may indicate that un- 
certainty as to their meaning and origin prevailed even in 
the thirteenth century. The most important sources of 
information are the Hundred Rolls and Quo Warranto Rolls, 
and there is valuable supplementary material in manorial 
custumals and court rolls. Bailiffs' accounts are less im- 
portant for this than for other groups of rents, because, as 
a rule, they do not differentiate the perquisites of courts, 
except by putting chevage often under a separate heading. 
In general, the rents and dues which made up the profits of 
jurisdiction seem to fall into the following classes : com- 
mutations of the duty of attending the various courts ; rents 
which probably contributed in some way to the maintenance 
of the courts ; the fines of individuals or groups of individuals 
placed ad certtim, and fines or amercements imposed upon 
the hundred or county as a whole. This division has been 
followed in the main in the following discussion, although 
for convenience the payments connected with the view of 
frankpledge have been grouped together. 

Payments 'pro sectis.' The basis of the distribution of suit 
of court or its money equivalent among the vills of the 
hundred, and among the villagers of each vill, is obscure, the 
records dealing with specific cases in which it was not rendered, 
and not with the general principles determining its incidence. 
An interesting description is given in an Ely custumal of the 

1 P. Q. W., pp. 167, 170, 574, 694, 695, 698 ; Rot. Hund. i. 201. 

2 P. Q. W., pp. 54, 257, 360, pass. ; Rot. Hund. i. 170, 200, 218, 227, 
pass. ; compare Harl. MSS. 1005, f. 70 : ' Nota quod si prepositus hun- 
dredi capiat gresumam de aliquo libero Dominus habebit medietatem.' 



158 CUSTOMARY RENTS [ch. vii 

distribution of suits of vills within a private hundred and 
a half in Norfolk, a distribution which may well represent old 
arrangements. The hundred and a half of Midford belonged 
to Ely, and under the vill Shipdham is given a list of the 
vills owing suit at the hundred, and the amounts of sheriff's 
aid and forwach due there from some of them, and the money 
for renewing the pledges from all. Seventeen vills owed 
seventy-nine suits and a half suit, and of these Shipdham 
owed seven. The vill of Tynebrigge was infra sedem, but 
owed no suit. 1 The basis of the assessment of suits and rents 
is not apparent, but clearly Ely's profit was large. 

Within the vills different customs regarding the rendering 
of the suit prevailed. Sometimes all freeholders made suit or 
paid the money equivalent ; 2 in other cases the attempt to 
make suit binding on all met with opposition. 3 In still other 
cases the suit had become attached to certain tenements in 
the vill — ' hundredlands ' they were called in Kent, when they 
made suit at the hundred — whose tenants acquitted the lord 
of the manor or the rest of the vill. 4 In Hetherste, an Ely 
manor in Suffolk, one suit was owed at Saint Edmund's 
hundred of Badberghe, but this suit was divided among three 
free tenants who were responsible for the fine if the suit were 
not rendered. 5 In Brandon, Suffolk, one suit was owed 
similarly by eight parcenarii? A rotatory system prevailed 
at Bury also, 7 and in Warwickshire a peculiar arrangement 

1 Claud. C. xi, ff. 233, 234. 

2 Rot. Hund. i. 173 ; ii. 461 ; P. Q. W., pp. 183, 292, 299, 783. 

Rot. Hund. ii. 27 (Nottingham) : ' Dicunt enim quod non solebant 
esse nisi xii antiqui sectatores et modo coguntur omnes libere tenentes de 
wapp' facere sectam vel finem pro secta sua.' Cf. i. 101, 352. 

4 P. Q. W., p. 349 1 : 'qui tenent hundreslaund solebant sequi hundredum 
. . . de tribus septimanis in tres septimanas.' Also pp. 348, 350, and 
compare the Ely hundredarii. 

Claud. C. xi, f. 270 : ' Et ista et duo alii pares sui simul facient unam 
sectam ad quodlibet hundredum per annum ; et si forsan villata incident 
per illorum defaltam tunc idem tres misericordiam acquietabunt.' Cf. 
f. 209. 

Ibid., f. 308 : ' secundum turnum septem parcenariorum suorum.' 
Cf. f. 312. 

Had. MSS. 3977, f. 98: 'Tunc debent quatuor homines ire ad 
primum comitatum scilicet ad festum S. Michaelis et ad primum hun- 
dredum et sic acquietare villam. Et ad aliud comitatum ibunt alii 
quatuor.' 



CH. vii J ROYAL RENTS: JUDICIAL 159 

was made by which three rudmanni owed suit at the hundred 
every three weeks for all the vills of the hundred but Erdin- 
tone, where the free made suit in person or made fine for it 
with ic^. 1 The number of suits from customary tenants 
within the vill was either determined by the number of 
tithings or acquitted by the reeve and four men, or, in the 
south, by the decennarius and four men. 2 

The commutation of suit of court for money paid to the 
sheriff or lord of the manor was obviously a convenience. 
Sheriffs and lords were glad to put the obligations due to 
them on a financial basis, and fractions of suit due to the 
splitting up of tenements could thus be adjusted. The 
rate of commutation is not easily determined. Sometimes it 
was \id. but the amount varied. 3 In the Ely custumals 
there seems to be some indication of the commutation of suit 
at the shire for a regular rent called syrapeni, or shirepenny, 
to which the tenants paid according to some system of regular 
apportionment. 4 In Stratham, Wychford hundred, Cambridge- 
shire, in which syrapeni was paid, and in other manors in the 
same hundred, a rent called sixtihepany or sixtepeny is fre- 
quently mentioned, paid by free tenants and hundredarii? 
The custumal of 1222 explains that ' each hide gives de sixte- 
peni iad., and owes one suit within every fifteen days at the 
hundred \ 6 The rent was paid at the hundred or to the 
bailiff of the hundred. It may have been the commutation 
of some fractional part of a suit at the hundred by an arrange- 

1 P. Q. W., p. 780 : ' Et juratores . . . dicunt . . . quod tres rudmanni 
de Wycton alternatim faciunt sectam ad hundredum domini Regis. . .' 

2 Sel. PI. Man. Cts., loc. cit., especially pp. xxix, xxxiii ; Rot. Hund. i. 
66. 101, 141, 154 ; ii. 469; P. Q. W., pp. 6, 164, 169, 259, 289, 292, pass. 

3 Rot. Hund. i. 26, 78, 82, 505, pass.; P. Q. W., p. 178. 

4 Claud. C.xi.f. 43: 'etdat partem suamde syrapeni secundum portionem 
scilicet \d. ad festum S. Michaelis et ad Annunciationem Beate Marie.' 

5 Ibid., ff. 43, 49, 54, 61. Cf. f. 52 : ' Et sciendum quod isti denarii de 
wardpani et sixthipani pertinent ad hundredum.' Cf. Eng. Hist. Rev. 
ix. 418. 

6 Tiber. B. ii, f. 98 : ' De hundredariis (holding 24 acres) . . . et dat 
sixtepen' quantum ad eum pertinet quia sciendum quod quelibet hida dat 
de sixtepen' duodecim denarios et debet unum(szc) sectam infra quoslibet 
quindecim dies et debet precar' arure . . . et dabit gersom'.' Cf. ff. 105, 
107, where the statement is repeated and the tenant said to be 'tenens de 
hundredo '. 



160 CUSTOMARY RENTS [ch. vil 

ment not clear to us, but at the time of the Survey it was 
paid in addition to the suit. Suit at the tourn was occasion- 
ally valued at 4s. for two suits, 1 but there is no certainty in 
regard to the amount. Normally the tourn was held twice j: 
a year, but it was the not infrequent practice of sheriffs and 
private lords to increase the number of meetings of the tourn 
in order to add to the profit. 2 Occasionally only one meeting 
a year instead of two is recorded. 3 

Anxilium ad turnum, or de turno. The most important 
payments connected with the tourn were those that resulted 
in one way or another from the holding of the view of frank- 
pledge there, and the attendant franchise of the assize of bread 
and ale. In addition to these there seems to have been due 
one payment of a more general kind, the object of which is 
not clear. This is the payment de turno, or ad turnum, called 
the auxilium debitum ad turnum? and again, the extorsio levied 
in the hundred called tiirnns vicecomitis. 5 Many times a pay- 
ment like this made to the sheriff at his tourn is recorded ; 
for example, the sheriff of Suffolk took ad tumatum simm 
4ay. where his predecessor took only 20J., 6 in Somerset many 
men were not permitted to go to the tourn, nor to give 
money, probably two shillings, ad turnum? in Kent the men 
of William de Caniso used to give money at the hundred 

1 Rot. Hund. i. 102 ; P. Q. W., pp. 692, 801. 

2 Rot. Hund. i. 63 : 'Dicunt etiam quod idem Rogerus dum fuit vice- 
comes turnum suum pluries per annum ubi semel tenere debuit per 
annum et amerciabit homines ad voluntatem suam et injuste.' Also i. 38, 
81, 166, 173. Cf. also i. 143, 145, 170, 182 ; ii. 174, pass, for the tourn as 
a means of oppression. For private lords holding the tourn like the 
sheriff, see Rot. Hund. i. 113 : ' Dicunt quod ballivi predicti castri semper 
postquam illud fuit extra manus domini Regis H. tenuerunt turnos suos 
loco vie' aliquando ter aliquando quater in anno et habent quatuor 
bedellos ubi non solent esse nisi duo.' And i. 53, ill, 132; P. Q. W., 
PP- 6, 253, 308 ; Claud. C. xi, ff. 182, 254. 

3 Rot. Hund. i. 67, 78, 81. 

4 Ibid. i. 527. 

Ibid. i. 223: 'Et est in eodem hundredo levata quedam extorsio 
vocata turnus vicecomitis scilicet xlv.r. \\\yi. et valet preterea perquisite 
ejusdem hundredi per annum xxvs. salva omni iusticia.' Cf. i. 232. 

6 Ibid. ii. 180. 

' Ibid. ii. 136. Cf. Mich. Ambr. Rent., p. 203 : 'Tota villata dabit ad 
turnum vicecomitis n>. per annum, scilicet, ad Natale xiW. et ad 
Hockeday xij<tf.' 



■j 



CH. vii] ROYAL RENTS: JUDICIAL 161 

court at the feast of St. Martin, and other money at the 
tourn of the sheriff, and used also to make suit every three 
weeks at the hundred and at the two laghedays for the sheriffs 
tourn. 1 At Kettering the bailiff accounts for 6s. Sd. for 
suit, 6s. Sd. for the view of frankpledge, and i8j-. g\d. de 
turno vicecotnitis, and the last rent is assessed at the rate of 
$\d. on a virgate. 2 Passages like this seem to show that the 

! money paid at the tourn was not in any way a commutation 
for suit, nor, since the suitors still attended a royal court, in 
any way part of a payment made by a private lord for the 
right to hold a court. Other passages seem to differentiate 

I it from the sheriff's aid, 3 with which perhaps one would be at 
first inclined to identify it, and from the hundredscot? since 
the same person makes two payments of sheriffs aid and ad 
tumum, which are clearly distinguished in name and amount, 
and in like manner of hundredscot and ad tumum. Tithing- 
peny and money ad tumum are also distinguished from one 
another. 5 It seems possible that it was the custom for each 
vill or homage to make a payment to the king or his officer 
as compensation for holding the tourn, the payment forming 
one of the perquisitae curiarum, and being in nature not 
unlike the hundredscot, or the sheriffs aid, or perhaps the 
payment pro ptdchre placitando. It may have been of not 
very definite amount or settled occurrence, and have lent 
itself readily, therefore, to unjust increase. It was paid 

1 P. O. W., p. 345. Cf. p. 350 : ' Et idem homines proporcionem suam 
soleban? solvere ad tumum vicecomitis et in omnibus esse gildabiles 
domino Regi.' Rot. Hund. ii. 292 : ' Dicunt quod vicecomes non facit 
turnum suum in dicto hundredo quia capit de dicto hundredo pro turnis 
suis x\s.' And ii. 31, 728, 730, 731 (Oxon) ; 230, 237, 245 (Wilts) ; 291, 
292 (Derby) ; i. 84 (Devon). 

8 Compot. Ketteringe (1292), p. 25 : ' videlicet de quadam virgata vd. ob.' 
Cf. p. 45 : ' Item petit sibi allocare de consuetudine unius virgate de terra 
tradite ad firmam . . . vd. ob. de turno vicecomitis et \]d. pro secta.' 

s Rot. Hund. i. 445 : ' et subtraxit \}d. de turno vicecomitis et \]d. de 
shireveschot.' Also i. 526; ii. 245 : and, very clearly, P. 0. W., p. 731 : 
• tenent tenementum . . . de quo residuum tenetur domino Rege videlicet 
xd. ob. ad scherreveselver et \xd. ad turnum vie'.' 

4 Rot. Hund. i. 527 : ' Item subtrahunt xijd. de hundredeshot et \}d. de 
turno vicecomitis.' And p. 531 : ' de turno vie' et de geldagio hundredi.' 

5 Ibid. ii. 237: 'quod hundredum istud est in manu Regis et Vice- 
comes percipit inde per annum x\s. ad duos turnos suos et pro auxilio xj s. 
et xd. de thetinpeny.' 

C. E. M 



!; 



!6 2 CUSTOMARY RENTS [ch. vn 






usually as a lump sum by the vill or homage, and its in- i 
cidence on the individual villager is not usually specified. 

Lctefe. A rent probably similar to the payment ad turnum 
or to the Jmndredscot was the Norfolk letefe, taken by the bailiff, 
according to the Hundred Rolls, de antiqua consuetudine, on 
the day of the leet. 1 

Motfech. The Shropshire motfee was probably the letefe 
under another name. 2 It is a question whether it was due at 
all the meetings of the hundred, or at the meetings for the 
tourn only. It was paid always at the rate of \d. from one 
geldable hide. 

Payments connected tvith the View of Frankpledge. In most 
counties the most important and profitable function of the 
tourn, and the function most often subtracted, was the hold- 
ing of the view of frankpledge. The rents connected with the 
view fall into three general groups — first, the payments made 
in some cases by the lords for the right to exercise the view ; 
secondly, the chevage, which was, in general, the composition 
for attendance at the view, though sometimes paid by those 
present ; and, thirdly, fines and amercements arising in the • 
view, some of which were paid occasionally, and do not fall 
properly, therefore, within this study, others of which seem 
to have been commuted, curiously, into fixed rents. 

Payments for the right to hold the view, pro visit. The 
possible relations between the lord and the sheriff regard- 
ing the exercise of the view of frankpledge were many. 
Probably in the majority of cases the private view was not 
exercised without some definite recognition (usually in the 
form of a money payment made to the sheriff) of its original 
character as a regality. Sometimes, however, the view was 
exercised in the hundred court in private hands, or in the 
manorial courts of great lords within the hundred, in com- 

1 Rot. Hund. i.495 : ' v i s - iiij<£ q uos dominus Rex Henricus pater Regis 
qui nunc est habere consuevit et debuit ad istud hundredum per annum de 
quodam servicio quod vocatur Letefe.' Also, i. 442, 474, 505, 516, 541, /to^. 
P.O. W., pp. 10, 475, 487. 

Rot. Hund. ii. 55 : ' (1 hide) dat motfey iiijaT. stretward iiyW. et sectam 
facit ad hundredum de tribus septimanis ad tres septimanas.' Also, pp. 58, 
62, pass. The botfech of p. 63 is probably an error for motfech. 



CH. vil] ROYAL RENTS: JUDICIAL 163 

plete independence of the sheriff or his bailiff. The sheriff 
was not admitted to the view, and no compensation was made 
to him for the curtailment of the competence of his tourn. 1 
The Hospitallers and Templars were often free from inter- 
ference, 2 as were also some of the honours of the kingdom whose 
fees, we are told in the Hundred Rolls, paid nothing to the 
king, and some of the greater lords. 3 The Earl of Gloucester 
furnishes an excellent example of a great lord, who in certain 
counties, not always with any just warrant, held very numerous 
views very freely. 4 Where the claim to hold the view in such 
cases was based upon a charter freeing the donee from attend- 
ance at shires and hundreds and royal views, the king some- 
times strove to maintain that freedom from the royal view was 
not equivalent to the right to hold a view, but that the view 
was in itself a royal franchise, not to be alienated except by 
express grant. 5 

Occasional instances occur of the recognition of the sheriff's 
right to be present at the view in private hands, where no 
compensation for the trouble of attending is made to him, 
either by direct grant of money or by a share in the proceeds 
of the court. The Abbot of Ramsey is the best example of 
cases of this kind. He summoned to his views in Cambridge- 
shire and Huntingdonshire the royal bailiff* ad videndum quod 
visus franciplegii rationabiliter fiat in curia '. If, however, the 
royal bailiff did not come, and the mere love of seeing justice 
rendered would rarely bring him in cases where no profit was 
to be had, the abbot held the view without him. 6 Again, the 

1 P. Q. W., p. 308 : (The Abbot of Peterborough) ' clamat habere . . . 
visum de omnibus commorantibus in predictis villis et tenet visum suum 
bis per annum et sine presencia servientis Regis. Et nichil dat Regi 
pro visu habendo.' Also, p. 253, and Rot. Hund. i. 113, 132. 

2 Rot. Hund. i. 49 ; Sel. PI. Man. Cts., p. xxvi. 

3 Rot. Hund. i. 32 ; ii. 230, 323, 868, pass. ; P. Q. W., p. 104, pass. 

4 Rot. Hund. i. 2, 23, 32, 41 ; ii. 332, 562, 740; P. Q.W.,pp. 253, 348. 

5 P. O. W., p. 242 : ' Et W . . . qui sequitur pro domino Rege dicit quod 
predicte" libertates de visu et weif suntm ere ad Coronam domini Regis 
spectantes contra quam Coronam nulla longi temporis praescripcio locum 
tenere debet . . . ' 

6 P. Q. W., p. 104 : ' Quod predictus dominus J. Rex concessit predictis 
Abbati et monachis visum de franco plegio. . . . Ita tamen quod ballivus 
Regis per sum' ejusdem Abbatis veniat ad curiam ipsius abbatis ad 
videndum quod visus franciplegii rationabiliter fiat in eadem curia. Et 

M 2 



i6 4 CUSTOMARY RENTS [ch. VII 

sheriff of Oxford came once a year to Spelsbury, if he wished, 
to hold the view, but he took nothing away, nor did he eat, 
nor was he entertained there, except by courtesy. 1 In the 
Ouo Warranto proceedings for Huntingdonshire the king's 
lawyers, to meet conditions like these, take the extreme 
ground that the view can never be rightly exercised without 
the king's bailiff. 2 

Much more common are cases where the sheriff received 
a compensation from lords exercising the view in their manors 
or hundreds, in the form either of a definite sum of money, or 
of a share of the profits of the court. Very important people 
sometimes entered into such arrangements with the sheriff. 
A long dispute is recorded regarding the barony of Bedford, 
for example, in which it appears that the barony held its 
views by the payment of 40J-., and in which the further 
question arises whether two views within the barony, which 
were held of the barony by certain individuals by the annual 
payment of \%d., could be distrained to make up a deficit in 
the 40J. 3 The Abbot of Waltham summoned the royal bailiff 
for his views in Cambridgeshire, as did the Abbot of Ramsey, 
but paid 2s. a year to the king whether the bailiff appeared or 
not. 4 In many cases where money was paid for the view, 5 it 
was the custom for the bailiff of the king to sit with the lord's 
bailiff at the court, 6 and to receive either a fixed sum, 7 or 
a share of the amercements, 8 or both. The Earl of Gloucester 
had an arrangement for certain Oxfordshire manors, whereby 
the bailiff of the king was to receive one half the amercements 
of the tourn, and his own bailiff the other half. 9 Sometimes 
it is stated expressly that the sheriff is to attend the court, 

si predictus ballivus ad racionabilem sum' predicti Abbatis in curia ipsius 
Abbatis non venerit quod predictus Abbas nichilominus faciat visum.' 
Compare pp. 234, 249, 302, 303 ; Rot. Hund. ii. 458, 472, 514, 523. 
J P.Q.W.,p.72 3 . 

2 Ibid., p. 292 : ' . . . quia nullus visus teneri debet nisi in presencia 
servientis Regis.' Again, p. 294. 

3 Ibid., p. 58. 4 ibjd., p . 106. 

r ' Among many such cases the following may be noted : Rot. Hund. i. 
4, 5, 7, 20, 31, 53, 172, 173, 182, 188, 191 ; ii. 321, 323, 325, 326, 330, 339, 
548, 553, 554, 556, 559, 562, 563; P. Q. W., pp. 91, 93, 295, 297. 
Rot. Hund. ii. 740, 842, 859, pass. ; P. Q. W., p. 236. 
Rot. Hund. ii. 44, 323. 3 Ibid. i. 278, 287, 296. 

9 Ibid. ii. 736. Cf. ii. 272. 



CH. vn] ROYAL RENTS: JUDICIAL 165 

and receive a sum of money, but is to take no share of the 
amercements. 1 Very occasionally the lord received the fixed 
sum, and the sheriff the amercements. 2 Sometimes still other 
arrangements were made ; the bailiff, for example, received 
an allowance of food. 3 Occasionally the lord held a private 
view after his men had attended the tourn, 4 or unduly in- 
creased the number of views. 5 Divisions of the profits of the 
view between private lords occurred, but were sometimes 
questioned by the king's lawyers, since they were in the 
nature of subinfeudations of franchises which were not recog- 
nized by the crown. In cases where the lord held his view 
freely, without payment, he sometimes still rendered suit, or 
its equivalent, at the sheriff's tourn in the hundred. Thus in 
Bedfordshire is. a year was paid to the king for the right to 
hold the view, but all the franciplegii within the view went 
once to the hundred court and there presented all the articles 
of the view, and gave the is. to the sheriff with their own 
hands. 7 The admission before the king's lawyers of the 
obligation to attend the tourn in addition to holding the 
private view was, however, dangerous, because the king's 
lawyers did not hesitate to declare that such an admission 
was a recognition of the king's seisin of the view, 8 although 

1 Rot. Hund. ii. 478 : ' Ballivus nichil asportabit de amerciamentis.' 
Also ii. 481, 733. 

2 Ibid. ii. 718. 3 P. O. W., p. 581 ; cf. p. 254. 

4 Ibid., p. 783 : ' sed dicunt quod postquam ballivus domini Regis 
fecerit turnum suum et tenuerit visum idem Ricardus per injuriam tenet 
de tenentibus suis aliam curiam de visu franci plegii.' 

6 Ibid,, p. 312: 'Quod ipsi usi sunt tenendi visum franciplegii ad 
curias suas de Westerham de tribus septimanis in tres septimanas . . . 
Inhibitum est eidem Abbati per justic' ne ulterius abutatur libertate ilia 
et quod teneat visum predictum de cetero bis per annum tantum,' &c. 

6 Ibid., p. 262 : Liberties are claimed by the grant of Edmund Crouch- 
back, but the king's lawyer replies that Edmund is ' privata persona non 
habens potestatem aliquem feoffandi de libertate visus franci plegii . . . 
nee de aliquibus aliis regiis libertatibus.' Cf. p. 297 ; also Rot. Hund. 
i. 51 ; ii. 464. 

7 P. Q. W., p. 68 : ' Et dicit alterius quod ipse reddit domino Regi 
per annum duos solidos pro predicta visu tenenda in forma predicta. Ita 
quod omnes franciplegii infra visum suum predictum quolibet anno ad 
hundredum Regis . . . conveniunt et omnes alios articulos ad visum 
spectantes ibidem presentant et denarios predictos ballivo Regis per 
manus suas persolvunt.' Also pp. 50, 170, 179. 

8 Ibid., p. 248 : All presentments arising infra villain are made at the 
Abbot of Gloucester's view, all arising extra villain at the tourn. It is 



166 CUSTOMARY RENTS [ch. VII 

they thus went far towards reversing, conveniently, the argu- 
ment used elsewhere, that the tourn or view was a separate 
privilege not necessarily connected with the hundred. 1 

The impression gained from the perusal of the Hundred 
Rolls and Quo Warranto proceedings is that of constantly 
attempted encroachments on the part of private lords, met, 
not always by any means unsuccessfully, by efforts on the 
part of the sheriff to prevent such encroachment. Loss, 
inevitable in one place, was sometimes met by unjust extor- 
tion in another, the sheriff also, like a private lord, extorting 
unjust dues from his shire, and retaining money for himself. 
A passage like one in the Hundred Rolls in which certain 
lords wish to give back a half hundred to the king because 
they cannot bear the expense of pleading is unusual. 2 

The money necessary for the payment to the king must 
have been derived by the lords from their villages, probably 
from the perquisites of the courts held there. It is a general 
payment, and difficult to trace among the villages, unless the 
payment pro visit, frequently mentioned as paid by indi- 
viduals, may be considered as always made for this purpose. 
In Staffordshire there seems to be evidence of a somewhat 
regular system of the levying of one shilling on the geldable 
hide. 3 

The second class of payments made to the lord at the 
view includes the common chevage, capitagimn, headpenny or 
havedscot ; the tithingpenny, or money, in the Latin form, paid 
de decenna ; fritlisilver, fricsilver, or fripenni ; the borghes- 
ealdorpeni of Kent, and probably the bomsilver or borchsilver 
of Essex. These payments were connected in some general 
way with the appearance at the view of men within the tith- 
ings and the renewing of pledges, but the exact connotation 
of the terms probably varied somewhat in different localities 
and at different times. 

The composition of the court held for the view, and its. 

argued for the king: 'quod ex quo predictus abbas cognoscit quatuor et 
prepositus veniunt ad turnum vicecomitis satis concedit seisinam domini 
Regis.' Also pp. 259, 296, 299 ; Rot. Hund. ii. 740. 
See above, p. 155. 
1 Rot. Hund. ii. 74. » R t. Hund. ii. 44, 114, 323, pass. 



CH. VII] ROYAL RENTS: JUDICIAL 167 

procedure, has been discussed by Professor Maitland, 1 and it 
is not necessary to repeat his conclusions regarding the double 
system of presentment within the court by the representatives 
of the vill to the body of twelve or more freeholders, and the 
two systems of representation, or appearance at the view, by 
the capital pledges of the tithing, or by the reeve and four 
men of the vill, or sometimes where in the south the tithing 
was territorial by the decennarias and four men, or by the 
reeve and four men, and the capital pledges concurrently. 
The question that is important in a study of the financial 
aspects of the view is, rather, for what purpose was chevage 
paid, and by whom, and what relation do certain other pay- 
ments made at the view bear to chevage ? Chevage was given, 
in the first instance, by the capital pledges for the other men 
in the tithing, that they might not all come, ' pro illis qui sunt 
in decenna ne omnes veniant'. 2 The rate at which it was 
paid was usually, as the English form headpenny indicates, 
a penny a head ; 3 but sometimes the idea of the householder 
was introduced, and a distinction made between the husbond, 
the married man with a hearth and a family, and the un- 
married man. The one paid usually a penny, the other 
a halfpenny ; but at Peterborough a man paid a penny and 
a woman a halfpenny, 4 and on the manors of St. Paul's a man 
with a wife or a home paid as much as id. because he took 
wood and water, whereas an unmarried man paid only a penny. 5 
Boys of ' full age ', over twelve, or eighteen, paid their chevage, 
or attended the court, 6 and the duty fell in some form upon 

1 Sel. PL Man. Cts., Introd., p. xxxviii. 

2 Ibid., p. xxx : • The duty of appearing seems to have been very 
generally commuted for a small money payment, head money, capi- 
tagium, chevagiunty a sum paid by the frank pledges ne vocentur per 
capita: And, quoting Roll Augment. Off. P. 34> No. 46, m. 4 d : ' Capi- 
tals plegii et eorum decene nichil dant ad capitagium ; ideo vocandi 
sunt omnes per capita.' See Ram. Cart. i. 491 ; Rot. Hund. 11. 656 ; and 
Sel. PL in Man. Cts., p. 91, for the excellent case of John de Elton and his 
tenants. 

3 Ram. Cart. i. 309, 323, 335, 345 5 »• 47- 

4 Chron. Petrob., p. 163. 

5 D. S. P., pp. 81, 144, 154*, and 83: 'Et si habent uxores \)d. de 
havedsot quia capiunt super dominium boscum et aquam et habent 
exitum et si non habent uxorem vel uxor virum dabit unum denarium.' 

6 Rot. Hund. ii. 631 ; Reg. Wore. Pr., p. 15 b. ; Min. Ace. 742/17-19 ; 
P. O. W., p. 50, pass. 



168 CUSTOMARY RENTS [ch. vn 

all the members of the vill. Large freeholders levied it from 
their under-tenants, and unless they retained it for themselves, 
paid it over to the lord. Ordinary custumarii, husebondi, 
virgaters, cottars, crofters, all paid it. 1 In one curious case 
mentioned in the Peterborough records it was not paid by the 
servi, probably because they were in the mainpast of others, 2 
and an occasional exception was made in the case of those 
who, as an Ely custumal puts it, were in the service of their 
fathers or mothers, for whose good conduct the householder 
was responsible. 3 Once it had apparently become attached to 
a tenement ; the person that held a certain pightel paid it. 4 

Although chevage was thus in its simplest form a personal 
payment, rendered to secure exemption from the view, its 
original character became apparently sometimes transformed, 
or at least obscured. It appears in some cases as a fixed 
annual rent, certus redditus, paid by the vill, tota villata, no 
allowance being made for necessary variations from year to 
year. 5 In this sense, perhaps, it was sometimes called cert 
money? The lord was desirous of reducing it, like other 
variable rents, to a certain basis, and hence it was placed ad 
certnm or even sold, venditum, to the villagers, 7 as the phrase 
goes, at a fixed amount. Moreover, the money payment 
being secured by custom, the actual presence of those paying 
it was required at the view, ' the tenants of land shall come per- 

1 For example, Rot. Hund. ii. 630, 849, 858; D. S. P., pp. 83, 145; 
Chron. Petrob., pp. 163, 164 ; Ram. Cart. i. 309 sqq., 323, 329, 369. 

2 Chron. Petrob., p. 163. 

' Claud. C. xi, f. 247 : ' Et sciendum quod unusquisque anilepiman et 
anilepiwyman qui lucratus fuit in autumpno duodecim denarios vel 
amplius dabit domino episcopo unum denarium per annum de chevagio 
ad festum sancti Michaelis preter illos qui fuerunt in servicio patrum vel 
matrum suorum.' Tiber. B. ii, f. 207. 

Ram. Cart. i. 284 : ' Et quicunque sit ille residens semper ad visum 
franci plegii veniet, chevagium sicut alii ceteri pro se facturus.' Cf. Claud. 
C. xi, f. 85. 

5 Rot. Hund ii. 44, 45, 136, 138, 146, 336, 723 et seq., 838, 843, 849, 
i>58, 871 ; 1. 146, 181, 182. Ely Vac. Roll, 1132/10: (Derham) ' Et de 
i)s. viijV/. de chevagio posito ad certum.' Rot. Hund. ii. 849 : ' Tenentes 
de dicto feodo \]d. pro havedpeny certo hundr' de Wotton.' See 
especially, Court Rolls, Ramsey, 1 79/ 10, where the amount was usually 
a marc or a fraction of a marc. 

7 S° ndal Records > 377, 383 5 Hone, Manor, 147, 156, 157, 158. 
Worcester Vac. Roll, 1143/18 ; Ely Vac. Roll, 1 132/10. ' 



ch. vii] ROYAL RENTS: JUDICIAL 169 

sonally, and nevertheless they shall pay their pennies,' and if 
they do not come they are heavily amerced. 1 Thus a certain 
villata gave every year on the day of the view 10s. through the 
capital pledges that it be not 'occasioned', and for the absent that 
they should not be amerced, while it was sworn that they were 
keeping the peace ; but now, the record states, the 1 os. are en- 
rolled, inrotulati, and paid like a rent, inrentati quasi redditus, 
and the seneschal nevertheless currit adoccasio7ies, and amerces 
the capital pledges heavily for those that are absent and 
desires that all be present on the day of the view, or, on pain 
of amercement, at the next court, wherever they be, whether 
in service, or elsewhere, even if they be beyond the sea. 2 
Sometimes there seem to be indications of a theory that the 
chevage or de certo rent was a commutation for presence at the 
three-weekly meetings of the halmote, but that attendance at 
the great view was still required. 3 Not only was the presence 
of all at the view of frankpledge required under pain of 
amercement ; it was also apparently the custom for those that 
came to pay in addition probably to the chevage or certus 
redditus, and to the amercements of those absent paid by the 
chief pledges, a penny ' for the renewing of pledges '. In the 
Quo Warranto Rolls it is stated that a view is to be held and 
payments made in the following manner : At Hokeday all 
resident in the given lordship shall come together, and inquiry 
is to be made concerning those that are in tithing and also 
concerning those that have not appeared, by name. From 

1 Rot. Hund. i. 6 : ' Item dicunt quod visus franci plegii tenetur ... et 
tunctenentes terre venient personaliter et nichilominus solvunt denarios et 
absentes qui non habent terram mittunt argentum et sunt quieti.' And 
i. 8, 15,259,456; ii.631; P. Q. W., p. 349 : ' ad duas laghedays per annum 
per unumquodque capud plene etatis.' 

2 Ibid. i. 8 : ' Dicunt . . . quod villata . . . solebat quolibet anno die visus 
dare xs. per capitul' sine occasione ostendendo et pro absentibus ne 
gravarentur dum testificaretur quod essent boni modo inrotulati dicti x 
solidi et inrentati quasi redditus nee tenent locum ville quia J. . . . 
seneschallus . . . nichilominus currit ad occasiones et decennarios pro 
absentibus graviter amerciat et vult quod omnes sint presentes die visus 
vel quod veniant ad proximarn curiam ubicunque fuerunt in servicio vel 
alibi etiam si essent ultra mare vel ammerciabuntur.' 

3 Rot. Hund. ii. 849; P. Q. W., pp. 341, 344. 349; Ram - 9 art - u 3 6 9 : 
1 Et per predictum hevedpeny quieti debent esse a secta omnium halimo- 
torum per annum praeterquam duorum.' 



i 7 o CUSTOMARY RENTS [CH. vn 

each person present a penny is then to be taken, and the 
absent are to be amerced. 1 

' The pennies taken from those present ' were sometimes 
called chevage, 2 but perhaps more accurately and commonly, 
the money for renewing the pledges, tithingpetmy, in its 
various forms, or fritJipenny or frithsilver, the money for 
keeping the peace, or perhaps recognition money, money 
paid de recognitione custumariorum? It is, however, often 
very difficult to tell from the rolls and custumals whether 
forms like tithingpenny and frithsilver apply to the original 
chevage, or certus reddittis, paid by the capital pledges, or to 
the payment made by those that attended for renewing 
pledges. Sometimes, too, there seems to be an identification 
of the de certo payment with the money paid pro visuf and in 
other cases the pennies of those present are regarded as pro 
pulchre placitando? It is possible there may have been some 
looseness of nomenclature, and the meaning of the rent may 
have varied with the locality and the date. In general the 
forms chevage, capitagium, headpenny, Jieadsilver (hefdsulver) , 
denarii capitales occur very commonly in Huntingdonshire, 
Norfolk, Gloucestershire, Berkshire, and in the Burton manors 
in the north. 6 The form tithingpeni, tygenpeni, theginpe?ii, 
tynpeni, thetmpeni, and the like, the penny paid de decenna, 
occurs especially in documents relating to manors in Bedford- 

1 P. 0. W., p. 50: 'Quolibet anno super le hockeday omnes infra 
dominium suum residentes ibidem conveniant et per eosdem inquiratur 
quales et quanti (sic) residencium predictorum qui in decenna ponendi 
sunt et non ponuntur. Et eciam de nominibus eorum qui eodem die non 
comparuerint ibidem. Ita quod de quolibet comparente unus denarius 
capiatur et quod absentes amercientur et similiter si quis etatis duodecim 
annorum extra decennam inveniatur quod tunc ille sub cujus manu- 
pastu fuerit amercietur pro eodem.' Repeated ibid., and compare pp. 58, 
68, 69, and Rot. Hund. i. 259 : ' Et ad ilium visum fraunplegg' non 
solebant amerciari nisi absentes et quatuor annis elapsis levaverunt 
novam consuetudinem ita quod capiunt quolibet anno tres marcas de 
sectatoribus illius franci plegii injuste pro pulcre placitare.' 

8 For example, Rot. Hund. ii. 631. 
See especially, Worcester Vacancy Roll, 1 143/18. 

* Rot. Hund. ii. 837, 847/859, 875 ; P. O. W., p. 50. 
Rot. Hund. i. 136, 259. 

5 For example, P. Q. W., pp. 250, 293 ; Rot. Hund. i. 77, 83, 95, 96, 196, 
524 ; ii- 629, 639, 656, 666, 726, 835, 843, 858, 860, 875, 876 ; Burt. Ch., p. 57 ; 
Norwich Vac. Roll, 1141/1 ; Min. Ace. 742/17-19. 



ch. vii] ROYAL RENTS: JUDICIAL 171 

shire, Gloucestershire, Wiltshire, Southampton. 1 FritJipenny, 
fricsilver, fripeni, is found especially in Buckinghamshire and 
in the manors of Lichfield and Burton, being the money for 
keeping the frith, or peace, ' pro conservanda pace.' 2 Still 
other forms of the rents are derived from the word borgh, or 
borgha, the equivalent of tithing. Thus the Kentish tithing 
is called a borgha, its capital pledge the borghesealdor, and 
the chevage payment the borghesealdorpeni. 2. The Kentish 
material throws some light on the working of the borgha and 
the functions of the borghesealdor — he was elected by the 
borgh, 41 he had the custody of prisoners suspected of theft, and 
with his borgh he presented offenders at the hundred. 5 He 
followed the three-weekly hundred occasionally with several 
men of his borgha, but the law-days he followed with all the 
tenants over twelve or fifteen years. The Cambridgeshire 
and Essex bornsilver, bompene, borsilver, is defined in a Bury 
St. Edmunds custumal as the penny for suit paid to the 
court at which ' they renew their pledges '. 7 The bortreming or 

1 For example, P. Q. W., pp. 27, 28, 72, 257 ; Rot. Hund. ii. 221, 236, 
237, 245, 260, 273, 278, 669, 842. 

a Rot. Hund. i. 41, pass, in the county ; Brewood, Lichfield Manor, 
p. 14 ; Burt. Ch., p. 94. For Fricsilver see Rot. Hund. ii. 838 ; Fripeni, 
D. B. Add., 539. The ' frith ' corresponds to ' by-law '. The Durham Hal- 
mote Rolls contain many references to the maintenance of the frith, or 
freth ; for example, p. 16 : ' Preceptum est omnibus quod servent frithes 
sub poena 2s' ; p. 17: ' Preceptum est omnibus villae quod servent frithes 
in blado pratis pasturis et semitis et quod nullus eorum sit contrarius aut 
rebellis vicinis suis ' ; p. 123 : ' Et injunctum est omnibus tenentibus villae 
quod quilibet eorum veniant {sic) pro freth', birlaws, et aliis comodis et pro- 
ficuis dictae villae ponendis, ad praemunicionem dictorum praepositorum.' 
Also pp. 13, 50, 101, 102. 

3 Rot. Hund. i. 202, 203, 210, 21^, pass. : ' Solebant habere boregesaldr' 
de eisdem tenentibus dicti abbatis ad respectum et fac' in eodem hun- 
dredo quod pertinuit.' Batt. Abb. Cust., p. 136; P. Q.W., p. 325- Th e 
payment should not be confused with bordalpeny, boothsilver (Du C. and 
Liber Cust. ii. 660), nor with any borough payment. 

4 Rot. Hund. i. 212: J. distrained 'ut esset borgesaldre sine electione 
borge sue '. 

5 Ibid. i. 215, 232. Batt. Abb. Cust., p. 136 : ' Borghesaldrus cum tota 
borgha sua ducit ipsum latronem ad hundredum de Wye, et ibi judicium 
suum per judicem dicti hundredi sustinebit.' 

6 P. O. W., pp. 341, 344, 35°- TT , „_„ . {TJ , 

7 Rot. Hund. i. 53, 160; ii. 408, 411 ; Harl. MSS. 3977, *• 13= 'Borch- 
silver. Statutum est ideo ut homines celerarii venirent ad domum thelonei 
et ibi renovarent plegios suos et scriberentur in rotula. Et ibi darent pro 
secto denarium quod dicitur Borchsilver et celerarius habebit dimidiam 
partem.' Cf. ff. 37, 62. 



1 72 CUSTOMARY RENTS [ch. vii 

bortremium of Suffolk seems to be another word for frank- 
pledge} and perhaps the boreupeny also may be connected with 
it. 2 In immunity lists borgJialpeny is mentioned in Derby- 
shire, Essex, and Bedfordshire, 3 and bomewing in Yorkshire, 
and elsewhere. 4 

Notwithstanding the uncertainty regarding the exact mean- 
ing of the various terms used to denote the rents paid at the 
view, a general process of development seems to be evident, 
the setting of rents, in the beginning generally occasional in 
nature, ad certum, and the later enforcement of the original 
service for which the rents were an equivalent, together with 
the requirement of new rents connected with that service. 
An analogous process may be observed in the development 
of boon services. But the payment of chevage involves 
another question also, the question of the stability of the 
manorial population. Where are the men of the tithing who 
do not come to the view, and why is their attendance com- 
pounded for by chevage, or by amercements ? It seems 
probable that allowance must be made for two general classes 
of persons paying the original chevage or commutation of 
appearance at the view, those within the manor who did not 
go to the view because their attendance was inconvenient and 
unnecessary, and those, for one reason or another, outside the 
manor. It seems probable that the first class must be allowed 
for as well as the second, and that, therefore, for this reason, 
as well as because of the difficulty of knowing the exact con- 
notation of the word, the appearance of chevage cannot be 
taken as necessarily indicating residence outside the manor. 
Besides the resident householders who paid their chevage and 
were represented by the capital pledges at the view, there is 
often indicated in manorial documents a large number of men, 
usually not landholders but holding a subordinate position to 
the customary tenants and free tenants, whose households in 
a sense they form. Having no land they do not often appear 



1 Harl. MSS. 3977, ff. 16, 61 ; Rot. Hund. ii. 147, 186, 197. 

P. Q. W., p. 727. 
• Ibid., pp. 33, 132, 149, 238. 

Ibid., pp. 2ii, 540, 653 ; Mon. Angl. ii. 812. 






ch. vn] ROYAL RENTS: JUDICIAL 173 

• as a separate class in the custumals, whose divisions are 
; usually based on landholding. They must, however, with 
I the cottars and crofters and lesser men, especially of the older 
enfeoffments, have formed an important part of the working 
force of the manor. The Glastonbury records x and Ely 
chartulary of 1277 2 give especially clear evidence of this class 
of men, the undersetles, the anilepimen and anilepiwymen who 
may ' remain ' on the land of the bishop, or on the land of 
some customary tenant (' alicujus custumariorum '), who may 
or may not have a house in the vill, or who may or may not 
be in the service or mainpast of some one, perhaps of their 
fathers or mothers. While it is clear that these men must 
often have been resident on the manor in which were their 
chief pledges, it is equally clear that it is among them that 
the greatest amount of movement to and from the manor 
must be expected. They were the freest, least attached part 
of the population, the floating population, from among whom 
hired labourers would be gradually appearing. Of the 
same general character were also probably the different 
'grades' of selfods, appearing at Durham 3 and at Tynemouth, 
Yorkshire. 4 The hallnvimen, or reapers at the harvest in 

1 Mich. Ambr. Rent., p. 108: 'Et si habet famulum vel famulam et 
undersetles quilibet dabit ob. et potabit per i diem.' 

2 Claud. C. xi, f. 60 : ' UnuSquisque anlepiman et anlepiwyman manens 
super terrain episcopi debet metere unum sellionem in autumpno sine 
cibo et consuetudine que vocatur luvebene et similiter unusquisque 
coterellus manens super terram episcopi vel super terram alicujus 
custumariorum suorum metet unum sellionem eodem modo.' Also f. 312 : 
' Et sciendum quod unusquisque undersetle vel anilepiman vel anilepi- 
wyman domum vel bordam tenens de quocunque illam teneat inueniet 
unum hominem ad quamlibet trium precariarum autumpni ad cibum 
domini. Item sciendum quod unusquisque anlepiman non habens ali- 
quem mansionem in villa sive sit in servicio sive non, inveniet unum 
hominem.' And fF. 29, 42, 80, 85, 191. 

3 Bish. Hatf. Surv., p. 174 : Servientes at Norton. ' Et quilibet serviens 
cujuslibet predictorum bondorum etatis xvj annorum et ultra, solvit 
Domino, quolibet anno, pro precariis in autumpno, ad festum Michaelis 
\id. tantum Selfodez. Et quilibet selfode, cujuscumque gradus, manens 
in villa solvit Domino per annum ad idem festum S. Michaelis 3^.' Cf. 
pp. 168, 232 (shelfodes), and D. H. R., p. 128 : ' Injunctum est . . . prae- 
posito et forestario quod ipsi arrestari faciant omnes hujusmodi tenentes 
et servitores ac operarios villae ita quod non exeant villain ad metendum 
nisi cum domino et tenentibus suis sub poena 20.?.' 

* Mon. Angl. iii. 315 : ' Omnes illi qui terras tenent et tofta . . . omnes 
selfodes.' 



j 74 CUSTOMARY RENTS [CH. VII 

Nottinghamshire, 1 the Bury pokeavers? the Ely pocarii and 
cumcling? the gressemen of York, 4 and the curious landlesemen j 
of Ely, who hold tenements. 5 The Ely chartulary shows 
especially clearly the movement in this class of population : 
it states that cottars, undersetles, and anilepimen, the workers 
at the harvest boons, for example, are ' innumerabiles . . . 
quia quandoque acrescunt et quandoque decrescunt,' 6 and it 
shows that from most of these anilepimen chevage was due. 7 ' 
A penalty of 2or. was incurred at Durham by leaving the village 
in order to reap for others than the lord and his tenants. 8 The 
attempt to keep the chevage of the migrating portion of this 
class of men within the manor must have been attended with 
difficulties. The records give evidence, however, of the 
obligation of men who ' remain outside the houses of their 
fathers ' to pay their chevage with their old tithing, 9 and they 
indicate the actual receipt of such chevage in what must be a 
fair proportion of cases. 10 The absent members of the tithing 
would also, of course, but probably less frequently, have in- 
cluded men of better status, often resident in other manors or 
in towns. 11 The expert artisans of the account rolls, the 
carpenters, threshers, winnowers, who are paid 'ad suos 
adventus ', form an interesting and highly respectable section 
of this fluctuating population. 

A difficulty arose concerning the chevage and other 

1 Hazlitt's Blount's Tenures, p. 320. 

2 Harl. MSS. 1005, f. 69; Harl. MSS. 3977, ff. 37, 38. 

3 Tiber. B. ii, ff. 117, 238. 

4 Vac. Roll, 1144/1 : ' de operibus bondorum, gressemen' et cotariorum.' 
Cf. Rent and Surv. Roll, 730. 

D Claud. C. xi, f. 194 ; Tiber. B. ii, f. 167 (20 acres). 

'' Claud. C. xi, ff. 89, 93, 94. 

7 Ibid., f. 247 : ' Et sciendum quod unusquisque anilepiman et anilepi- 
wyman qui lucratus fuerit in autumpno duodecim denarios vel amplius 
dabit domino episcopo unum denarium per annum de chevagio ad festum 
S. Michaelis preter illos qui fuerunt in servicio patrum vel matrum.' Cf. 
ff. 23, 26 ; Tiber. B. ii, f. 207. 

3 D. H. R., p. 128 ; passage quoted above. 

9 Chron. Petrob., p. 163 : ' Homines qui serviunt extra domos patrum 
suorum dat pro capite suo unusquisque id.' Claud. C. xi, ff. 167, 184. 

Abing. Ace, p. 150 ; Min. Ace. 742/19, 945/2, and passim in ministers 
accounts. 

11 Ingoldsmell Court Rolls, p. 195 : Bondmen pay 3d. yearly for 
chevage, but have lately acquired land in the manor, and therefore the 
steward declares them free of the charge. Ely, Extent. Maner. 






CH. Vll] ROYAL RENTS: JUDICIAL 175 

perquisites of the view coming from another class of men 
commonly mentioned in the Quo Warranto proceedings. 
These are the scattered tenants of certain lords, who reside 
singly or in very small groups in diverse vills, but who do not 
exactly reside on the fee of another lord, since their tenements 
are part of the fee of their own lords. The pleadings concern- 
ing the view over such men is interesting. It was maintained 
by the king's lawyers, for one thing, that vill and view of 
frankpledge went together, that in order to have a view in 
a vill the lord should hold the whole vill — manor and vill, in 
other words, should be co-terminous, and a view for fractions 
of a tithing or for one or two tithings in a vill was illegal. 1 
Men in the vill should make presentments with their neigh- 
bours of the vill, and not with the extranet of other vills. 
Such a theory seems to point to the belief, in the minds of the 
lawyers of Edward's reign at least, that frankpledge was in 
origin an arrangement for the administration of the vill rather 
than of the manor, the original presentment at the hundred 
being made by the vill and not by the manor. 2 The actual 
contraventions of this theory were, however, very numerous, 
although perhaps in some cases fairly recent at the time of 
the pleadings. The worst, and most instructive, offenders, 
were the Templars, who had acquired in many vills very 
small numbers of tenants. In Bedfordshire, for example, ' in 
aliqua villa non habet (the Master), nisi duo tenentes in aliqua 
tres vel quatuor.' 3 In Bollestrode in Buckinghamshire ' non 
habet villam integram sed tantummodo collectam et Bolle- 
strode non est villa sed tantummodo quoddam manerium ' ; 4 
and again the Hospitallers held no vill, but only in some 

1 P. Q. W., p. 294 : ' Et Simon venit et dicit quod habet in predicta villa 
duodecim tenentes tm de quibus clamat habere visum ... bis per annum 
et sine presencia servientis Regis. Et nichil dat . . . Et G. qui sequitur 
pro Rege dicit quod non potest gaudere predicto visu desicut non est 
dominus ville nee habet villam integram' ; also pp. 295, 673. 

2 Ibid., p. 681 : A special statement made by defendant that suit is due 
not from vills but from men and tenants : ' Preterea dicit quod secte fieri 
non possunt per villatas set per homines et tenentes suos.' 

3 Ibid., p. 673 : ' Et preterea dicit quod predictus Prior habet tenentes 
suos in diversis villis qui presentaciones ad Coronam Regis spectantes 
facere deberent cum vicinis suis propinquioribus et vicini eorum cum ipsis 
et non cum extraneis de aliis villis ' ; cf. pp. 85, 98, 244, 293, 294, 392. 

4 Ibid., p. 89. 



I7 6 CUSTOMARY RENTS [ch. vn 

places a half vill, in others a quarter vill, in still others only- 
four or five tenants, 'nee est juri consonum quod visus fiat 
de hujusmodi collecta.' * 

The practical objections to such customs are clear. It was 
not worth while to hold a view in the vill in question for so 
small a number of tenants, while it was inconvenient for them 
to attend views held at a distance. The lord, moreover, had 
no judicialia, tumbrel or pillory, in the vill where he had few 
tenants. The result was, necessarily, that the tenants' chevage 
was paid, instead of attendance, and that in many cases their 
offences were punished by fines instead of corporal punish- 
ment. Their position in matters of justice must thus have 
been somewhat anomalous, and their chevage was often lost 
entirely. 2 Such men, the king claimed, should properly attend 
the tourn. An instructive case in point is recorded in the 
custumals of Battle. Certain men belonging to the manor of 
Brithwolton in Berkshire dwell in Covenholt in Hampshire. 
They do not perform services because they have augmented 
their money rents, but the ordinary tests of villein status 
apply to them. One of them, however, pays no rent himself, 
but it is said that the other tenants divide the payment of the 
two shillings he would owe normally among themselves, in 
order that he may defend them against evilly disposed natives 
( patriotas) oi the county. 3 The chevage of men in the tithings 
of weak lords, or loosely attached to a view, like the men of 
Brithwolton, or remote from their lords, was naturally enough 
a tempting bait. It was the well-known custom of the Hos- 
pitallers in Devonshire, for example, to ' attract men ' into 
their tithings by promising them a share in the freedom from 
toll in the kingdom which was their privilege. They put 
their crosses on the new tenant's doorway, and then pocketed 
the chevage and other profits arising in the view. 4 The 

1 P. Q. W., p. 90. 2 Ibid., p. 255. 3 Batt. Abb. Cust., p. 71. 

4 Rot. Hund. i. 77,83,95,96; P. Q. W., p. 251 : '. . . quare levavit signum 
hospital' in quadam domo in Wynchecumbe quam Thorn' Nightigale et 
Elena uxor ejus tenent . . . Et super hoc venit predictus Thomas et 
requisitus quare permisit predictum Priorem predictum signum in domo 
sua levare dicit quod non permisit hoc gratis levari set quia nitebatur 
predictum signum prosternere implacitabant ipsum coram conservatore 
suo et ibidem extorquebant ab eo xs.' 



CH. vil] ROYAL RENTS: JUDICIAL 177 

Templars took the penny de advocaria from men in Sussex 
who were not properly their tenants, but on whose shops and 
houses they had put their sign. 1 

The third great source from which profit came to the 
sheriff or lord who held the view, the fines and amercements 
arising therein, does not at first sight seem to fall within this 
study, since such payments would naturally be made on the 
occasion of the offence by the individual offender, and would 
not therefore be customary, regular obligations resting upon 
jthe members of the manor. Many fines were necessarily 
occasional, it is true ; but with regard to some of the minor 
offences which were presented at the view of frankpledge 
a very curious custom prevailed in some localities. Occasional 
fines for such offences as trespass, breach of manorial custom 
in regard to agriculture, and the like, or breach of the assizes 
of bread and ale, were changed, in some cases, into customary 
fines, the burden of the responsibility being shifted in large 
measure from the individual offender to the vill as a whole, 
and the lord becoming assured of at least a certain amount 
each year from fines imposed by his court. By a fixed annual 
payment, paid according to some definite system of assess- 
ment by all or certain members of the villata, the men of the 
vill were allowed to insure themselves either against corporal 
punishment for minor offences, or against ever having the 
fines for certain specified misdemeanours exceed a certain 
amount. The custom is difficult to understand clearly, especi- 
ally since it seems to have been confusingly connected or 
identified sometimes with other payments of an apparently 
different character. The clearest cases of its occurrence are 
on certain of the manors of Ramsey Abbey in Bedfordshire, 
Cambridgeshire, Huntingdonshire, and probably in one case 
in Hertfordshire, where the rent is called fidstingpoimd, filstin- 
pund. 2 In the extent of Cranfield, Bedfordshire, 3 we are told 

1 Rot. Hund. i. 96 : ' Item dicunt quod Hospitallarii assumunt diversos 
homines per chevagium.' 

2 The forms filsinale, felisonu?ihale,felsten, and filsingerthe should be 
compared with fidsting pound, or filstinpund. 

3 Ram. Cart. i. 441 : ' Villata dat ad viginti solidos, qui dantur, quod 
cum aliquis cadat in misericordia domini, det ante judicium sex denarios, 

C. R. N 



I7 8 CUSTOMARY RENTS [ch. vn 

that the villata gave ' to the 20s.' which were paid in order that, 
when anyone fell in misericordia domini he should give 6d. 
ante judicium, and 12^. post si expectet judicium, unless the 
offence were theft, or any great transgression. Not all con- 
tributed to the 20s., however, as the extent goes on to say, 
and not all made fines for offences in one and the same way. 
Tenants of hided and unhided land, virgaters, and cottars, are 
recorded as contributors to the 20s. In another extent of the 
same manor x it is stated that all the villata except the free 
give at the feast of St. Andrew 20s., which is called jilstin- 
pound, and by this payment they are free from all fines and 
penalties, before judgement for 6d. and after judgement for 
i2d. y except from the fines for shedding blood, cutting oaks, 
and theft. In Shitlingdon, Bedfordshire, 2 there is a slight 
difference in the form of the statement. A virgater pays 4d., 
a half virgater 2d., and a crofter in proportion, yearly, at the 
feast of St. Andrew, in order that, being accused of some 
transgression in his agricultural services, such as ploughing or 
reaping, he should be amerced 6d. before judgement, I2d. 
after it. If his offence be more serious, shedding blood, rape, 
or taking of oak wood, he makes the best terms he can with his 
lord. In this manor it seems probable that a 20s. to accord 
with the jilstinpound has been divided, originally, among the 
members of the vill according to their tenements. In Barton, 

et post, si expectet judicium, duodecim denarios, nisi sit pro furto, vel 
aliqua maxima transgressione. Sciendum quod non omnes dant ad 
viginti solidos, et ideo non omnes sunt facturi finem de misericordia uno 
et eodem modo.' And (ibid.) a half-virgate extra hidam pays ' ad viginti 
solidos qui appellantur fustingpound.' See also pp. 439, 442. 

1 Ram. Cart. ii. 22 : ' Tota villata praeter liberos, dat in festo Sancti 
Andreae viginti solidos, qui vocatur filstinpound ; et per hoc quieti debent 
esse de omnibus misericordiis, ante judicium pro sex denariis, et post 
judicium pro duodecim denariis, nisi pro effusione sanguinis, vel pro 
excisione quercus pro furto.' 

2 Ibid. 1. 464: 'Ad festum S. Andreae dat quatuor denarios ut super 
transgressionibus operum convictus, ut arurae, messis, et aliorum hujus- 
modi, ante judicium amercietur sex denarios, post judicium duodecim 
denarios. Cum autem super sanguinis effusione, raptu puellarum, et 
captione querc', que apertionem de restingwymbes possit sustinere, fuerit 
convictus ratione delicti, prout melius possit, gratiam petit domini.' Cf. 
pp. 466, 467, 468, 470, and especially 473 : ' Si vero convictus fuerit, quod 
debito modo ad molendinum domini sectam non fecerit, ante judicium 
dabit sex denarios ; et si judicium sustinuerit, dabit duodecim denarios.' 



CH. vn] ROYAL RENTS: JUDICIAL 179 

another Bedfordshire manor, 1 all the villata but the free paid 
130s. ad fulstingpounde on the feast of All Saints. In Burwell, 
J Cambridgeshire, the payment appears by name as fulsting- 
\pound, with the rate at which it was paid, 24 acres with croft, 
\\6\d.? 20 acres with toft, *A\d.? one virgate z\\d.? 8 acres 
\5\d. t 12 acres "]\d? In Elton, in Huntingdonshire, the fil- 
\styngpound of 13^. a virgate is mentioned, 6 and in Therfield in 
j Hertfordshire 7 a half- virgate gave 6d. to 'the pennies which 
are called the twenty shillings'. The occurrence of the pay- 
iment, clearly defined like this, is fairly frequent outside the 
Hands of Ramsey, but it is nowhere else called fidstingpound. 
[That it is the same payment elsewhere, however, seems un- 
questionable. There are good instances in Bedfordshire, 8 for 
[example, of the 6d. before and i2d. after judgement, and 
I a great many instances in Oxfordshire, where the payment 
was especially common. In the hundred of Chadlington, for 
example, 9 which was held at farm by the Earl of Gloucester 
for £4. hidage, 30^. id. tourn payment, and 10s. for a certain 
view, and in which the sheriff held two tourns and took one 
(half the profits, and the earl the other half, the latter holding 
the view of frankpledge in all the manors also except two, 
into which he had ingress once a year with the sheriff, and 
three where he had no ingress — in this hundred, which is 
labelled forinsecum, a custom suggesting a payment like 
fidstingpound occurs unmistakably. 10 In Saltford, and in 
Certedon, all in the hidage when amerced gave 6d. before 
judgement, izd. after, pro misericordiis at the hundred; 11 in 
Podelicot the tenants paid \^s. ' de hidagio ut sint quieti de 
misericordia in hundredo ante judicium 6d. post judicium 
iid. ;' 12 and in Teinton, 13 Chadlington Wahull, 14 and foreign 

1 Ram. Cart. i. 486 : ' Tota villata praeter liberos dat in festo Omnium 
Sanctorum triginta solidos ad fulstingpounde.' 
' l Ibid. ii. 28. 3 Ibid. ii. 30. 4 Ibid. ii. 30. 

5 Ibid, ii. 33. 6 Rot. Hund. ii. 657. 7 Ram. Cart. i. 46. 

8 Rot. Hund. i. 5. 9 Ibid. ii. 736. 

10 Ibid. iii. 723, 736. " Ibid. ii. 730. 

12 Ibid. ii. 73i- 13 Ib i d - »• 743- 

14 Ibid. ii. 738 : ' si aliquis fuerit amerciatus in hundredo qui fuerit in 

hidagio et vadiet ante judicium quod det pro sua misericordia ante 

judicium \\d. et post judicium xii</.' 

N 2 



j8o CUSTOMARY RENTS [ch. vii 

Enneston the same custom prevailed, although the amount 
paid de hidagio varied. 1 It will be noticed that the payment 
in this hundred is called hidage, and is assessed on those irt 
the hidage. The same terminology appears elsewhere in 
Oxfordshire. In Ewelme hundred in Bensington each virgate 
gave %s. hidage, and therefore the tenants of these virgates 
should have been quit for 6d. before judgement and lzd. after 
judgement, yet now 'they are amerced at the will of the 
bailiff and nevertheless give the said hidage'. 2 In Leuknor 
hundred an additional identification occurs in the manor of 
Padehale ; all give hidage ' pro pulchre placitari videlicet ' 6d. 
before, i2d. after judgement, and the same is true throughout 
the hundred. 3 In Banbury hundred it is said that the bailiffs 
of; the Bishop of Lincoln, the lord of the hundred, ' take 
a certain portion of the pennies from every villata of the 
hundred at the view of frankpledge for pulchre placitando, 
and nevertheless they cause the villate to be amerced at their 
will*' 4 The payment called on Ramsey manors fulsting- 
pound is then identified in Oxfordshire with hidage and 
beuplet, or belplayder. Since hidage and beuplet are clearly 
distinguished in Bedfordshire, 5 where the yearly hidage of 
two shillings on the hide occurs commonly, it seems probable 
that hidage may be a local name in Oxfordshire, given 
because all in the hidage, all holding land geldable to the 
king unless the geld has been transferred to a private lord, 
were accustomed to make the amercement payment. It is 
curious, however, that the rate of hidage, which is commonly 
mentioned in the county, and in many cases without ex- 
planatory details to connect it with the payment for low 

1 Rot. Hund. ii. 740 : ' Dabunt xxiij. de hidagio . . . et xx'ris ita quod 

si aliquis qui fuerit in hidagio fuerit amerciatus sive amerciandus dabit vid. 
ante judicium et post judicium xiid. videlicet in hundredo de Chadelenton' 
aut in visu francorum plegiorum.' 

2 Ibid. ii. 31 : ' Dicunt quod quelibet virgata terre de eodem manerio 
(Bensington) dat duos solidos annuatim de hidagio et sic deberent 
tenentes earundem esse quieti ante judicium pro sex denariis et post 
judicium pro duodecim denariis et modo amerciati sunt ad voluntatem 
ballivi et nichilominus dant dictum hidagium.' 

* Ibid. ii. 783. * Ibid. ii. 32. 

' Ibid. i. 4 : ' Datur pro hidagio xj. domino Regi pro secta et vvarda 
vs. pro visu iijj. pro beuplet' ij^.' Cf. p. 6. 



I 



GH. vn] ROYAL RENTS: JUDICIAL 181 

amercements, should be usually 6d. a virgate, that is to say, 
as. on the hide. 1 A payment for a special purpose by all in 
the hidage of the manor may have become confused with the 
ordinary hidage, or occasional land-tax turned into a yearly 
customary payment, of Bedfordshire and Buckinghamshire. 
The converse, that the hidage of Bedfordshire and Bucking- 
hamshire, and elsewhere, is the fulstingpound payment, is not 
probable, especially since tenants of Ramsey pay both hidage 
and fulstingpound. The other identification, with the pay- 
ment for having one's cause pleaded well, is even less easy to 
explain. Benplet, belplayder> pro pulchre placitando, is very 
common. It seems to have been in reality a personal pay- 
ment to a sheriff or bailiff of a lord for performing his office, 
not unlike sheriff's aid, if the ordinary interpretation of that 
payment be the true one, or the payment to the coroner. It 
is found, not necessarily identified with j "tils tingpound, in Berk- 
shire, 2 Buckinghamshire, 3 and Cambridgeshire, 4 where it is 
stated that the amercement for this purpose is taken on the 
day of the view, and is against the statute of the king ; in 
Derbyshire, 5 as a new imposition raised by the seneschal of 
the king ; in Essex, 6 where the money was given to the bailiff 
of the hundred, and where, at a vill in Wexeden hundred, 7 
the sheriff took at each tourn i id. ' pro pulchre plac' ', and yet 
took amercements too; in Huntingdonshire, 8 where it was 
taken unjustly by bailiffs of a lord, and in Kent, 9 Lincoln- 
shire, 10 Nottinghamshire, 11 Northamptonshire, 12 Sussex, 13 and 
Wiltshire. 14 Most clearly of all it occurs in Bedfordshire and 

I Rot. Hund. ii. 812, 853, 860. 2 Ibid. i. 17, pass. 

3 Ibid. ii. 485 : ' Item die visus franciplegii sunt amerciati pro pulchre 
placitando et hoc contra statuta domini Regis.' 

4 Ibid. i. 37 : ' Item de beupleder ejusdem hundredi xixj. . .... .el; de 

ceteris perquisitis ejusdem hundredi.' 

5 Rot. Hund. i. 58 : ' Levavit quemdam finem ... bis in anno pro pulcre 
placitando quod ante dictum tempus fieri non solet.' 

6 Ibid. i. 136. 7 Ibid. i. 139. 

8 Ibid. i. 198. ° Ibid. i. 202. 10 Ibid. i. 259. 

II Ibid. ii. 301: 'Est 1 wapentak' et valet modo per annum de per- 
quisitis v'vn. pro pulchre plac' xxvij. \nd. et de auxilio vicecomitis xxxviiii. 
via.' n Ibid. ii. 12. 13 Ibid. ii. 203. 

14 Ibid. ii. 272 : ' Preterea idem vicecomes capit decern marcas de 
thethingis pro pulcre plac' coram eo per duos dies quarum Abbas Malm' 
habet quinque marcas.' 



182 CUSTOMARY RENTS [ch. vii 

Buckinghamshire, where the very oppressive sheriff, Alexander 
Hameldene, whose other sins of extortions were very nume- 
rous, made a practice of taking it, whereas before him it was 
not taken. 1 In almost all these cases the benplet payment is 
regarded as a distinct injustice, usually of recent origin, its 
unrighteousness lying, it would seem, in the fact that amerce- 
ments are taken also, as if it were held that in some way the 
payment of beuplet, like the payment of fulstingpound, should 
free men from some or all amercements. Possibly, we may 
suppose that unrighteous bailiffs, sheriffs, or private lords are 
forcing an additional payment from their bailiwicks, perhaps 
in some cases where by previous arrangement it was 
already the custom for men to pay a small regular sum for 
their offences, 6d. before judgement, izd. afterwards, either as 
the result of purchase on their part or of convenience on the 
part of their lords. 

A very important question suggests itself regarding the 
fulstingpound payment in any case, and perhaps regarding 
beuplet also, if a connexion between the two can be established. 
What is the connexion between the fulstingpound or similar 
payment for amercements, and the twelve-penny amercement 
shown by Miss Bateson to be, with the iad. burgage rent, 
the most distinctive privilege offered by the ' laws of Breteuil'?- 
The twelve-penny amercement, valuable because fixing within 
reasonable, though by no means merely nominal, limits the 
fines which were likely enough to be made unjustly oppressive 
by the lords, Miss Bateson found in certain boroughs whose 
connexion with Breteuil she has traced ; especially in Here- 
ford and Rhuddlan, and in certain others where the connexion 
is not stated. These boroughs are generally in the west ot 
England, or in Wales and Ireland, some of the derived cases 
extending as far as Cheshire, Staffordshire, and Devon. Out- 
side the boroughs, into the country districts, she does not 
follow the payment. The phrasing of the amercement clause, 
as cited by Miss Bateson, is usually a little different from that 

1 Rot. Hund. i. 38 : ' Item dicunt quod Alex' de Hameldene vie' Bok* 
pnmo levavit injuste unam injuriam que vocatur beupleder.' Cf. 4, 5, 6, 
37> 45« - Eng. Hist. Rev. xv, xvi. 



CH. vn] ROYAL RENTS: JUDICIAL 183 

of the fulstiflgpound clauses ; it limits the fine to \%d. without 
mentioning the payment before and after judgement, except in 
one instance, that of Macclesfield, where \id. is to be given 
before judgement, and after judgement a reasonable miseri- 
cordia according to the character of the offence, unless the 
forfeiture pertain ad gladum nostrum. This passage reads 
very like the passages relating to the Ramsey fulstingpound, 
and the Oxfordshire hidage, and in any case the principle at 
the base of the rents seems to be the same. The direct con- 
nexion with Breteuil in the wide country districts in which so 
similar a payment seems to have been customary, would be 
difficult to establish, and it would look, perhaps, as if the 
fixed, rather low, rate of amercement for offences were far 
from being distinctive in later times exclusively of towns 
modelled after Breteuil. 

One other point possibly explanatory of this group of 
payments should be mentioned. It is common to find 
in the Placita de Quo Waranto, in certain counties, espe- 
cially in Bedfordshire, Buckinghamshire, Derbyshire, Here- 
fordshire, Huntingdonshire, Lancashire, Nottinghamshire, 
Northumberland and Northamptonshire, 1 that the lords of 
franchises lose their views or are obliged to compound for 
them, because they have taken fines for breaches of the assize 
of bread, or ale, or both, which are presented at the view, 
instead of punishing offenders in the regular way by corporal 
punishment, defined in the Statutes of the Realm. The 
brewers, for the third offence, should have gone to the tumbrels, 
the bakers to the pillory. 2 Either the lords have in such 
cases no judicialia, a state of affairs probable in vills in which 
the number of their tithings or individual tenants was very 
small, or, more often, having judicialia they do not use them, 
but contrary to the law of the land prefer a money remunera- 
tion for offences. 3 They even allow them to fall to the 

1 P. Q. W., pp. 5, 6, 22, 23, 27, 29, 30, 32, 65, 85, 87, 89, 90, 133, 135, 
144, 154, 155, 156, 210, 217, 268, 270, 294, pass. ; Rot. Hund. i. 4, 6. 

2 P. Q. W., pp. 268, 372, 374, 378, 505, 523, 530, pass. ...... . 

3 Ibid, p. 505 : 'non habet tumbrellum quod est propnum judiciale ab 
inicio institutum . . . et non per amerciamentum quod est singulare pro- 
ficuum et contra justiciam et communem legem.' 



184 CUSTOMARY RENTS [ch. vn 

ground. 1 There is, however, always a financial limit recorded 
in the Placita beyond which the lords do not exact fines for 
breaches of the assize, and it happens that in cases where the 
two payments can be compared, this financial limit agrees 
with the amount paid by the vill for fulstingpound or its 
equivalent. Thus especially in Cranfield and Shitlingdon, 
the villata pays 20s. fulstingpound, and also the Abbot of 
Ramsey punishes all misdemeanours in the assize up to 10s. 
worth, by fine instead of pillory. 2 It may be that the Abbot 
of Ramsey took from his vill a sum of money equal in 
amount to the sum of the fines normally received, and in con- 
sideration of that sum of money, which he was thus assured 
of obtaining whether his tenants committed any offence or 
not, let them off with very moderate fines for offences actually 
committed. The emphasis on fines for breaches of the assize 
in the Quo Warranto proceedings and the omission of other 
possible offences mentioned in the Ramsey Cartulary, such as 
negligence in agricultural matters, would be explained by the 
fact that the latter offences were purely manorial, and the 
royal officers were not interested in the lord's arrangements 
regarding them, whereas the maintenance of the assize of 
bread and ale was in theory a regality, separate from, although 
usually exercised at, the view of frankpledge. 3 

Witefe, Whytepund, Wytepenny, Witepont, Wytepeni, Wyte- 
panes. A rent which may have been of the same nature as the 
fulstingpound is found on Ely manors in the counties of Cam- 
bridgeshire, Huntingdonshire, Essex, and Suffolk. 4 This is 
the customary rent paid to the bishop, which appears in some 
compound form of wite, like witefe, witepund, or ivitepenny. 

1 P. Q. W., p. 546. 

2 Ibid., p. 65 (Shitlingdon) : ' Et quod idem Abbas et predecessores sui 
seisiti fuerunt de praedictis visubus libera warennam [sic] infangthef 
weyf et stray et tarn libertatibus illis quam quietanciis predictis usi 
sunt in omnibus prout debuerunt hoc tantum excepto quod idem Abbas 
nunc levavit fines et amerciamenta de transgressionibus contra assisam 
panis et cervisie usque ad summam viginti solidorum in casibus quibus 
per judicium pillorii et tumbrelli puniri meruerunt.' Also pp. 499, 501, 
508, 515, si7,pass. 

3 Ibid., p. 270, and pp. 196, 210, 219, 725. 

1 Vac. Roll, nyz/io, pass. ; Claud. Cxi, ff. 30, 43, 49, 53, 96, in, 127, 
pass. ; Tiber. B. n.pass.; Rot. Hund. ii. 538, 543, 605 ; Eng. Hist. Rev. 
ix. 418. 



en. vn] ROYAL RENTS: JUDICIAL 185 

The rate of payment varied very much from manor to manOr, 
twelve acres, for example, paying in one vill 4%d., in another 
i2<^., one virgate paying in different localities 6d. or 4^., of 
Sd. or S^. 1 Sometimes there is evidence of a system of 
grouping of tenants, in order to make up definite portions 
of the rent ; for example, at Ely twelve-acre holdings paid 4d. 
and one-third of a halfpenny, so that three tenants of twelve 
acres each paid together \<\d. approximately, 2 and in Somer- 
sham, Huntingdonshire, a cottar gave i\d. and \d. so that 
three cottars together gave 8|^/. 3 The minute fractions noted 
in other manors probably indicate a similar grouping. 4 The 
rate of assessment was evidently a matter of individual adjust- 
ment between each vill and the lord, regard being had, pro- 
bably, to some final sum desired, like the fulstingpound, a sum 
which varied in amount in different places, however, and was 
often more than 20j\ 5 Ely's freedom from amercement is 
recorded in the Quo Warranto Rolls, and in the earlier 
custumal the sheriff of Essex turns over to the bishop 115^- $d. 
' de misericordiis hominum villarum et decennariorum ', 7 and 
a list of the bishop's fines follows. 

Pundscot, Custumpand, Marcselver> Tunnus Census. On Ely 
manors in Norfolk the rent pundscot occurs, paid by all the 

1 Claud. C. xi, f. 30 : twelve acres de vvara ' dat de Wytepund epis- 
copi xiirt'.' Again, ff. 49, 96, 263. Rot. Hund. loc. tit. ; Eng. Hist. 
Rev. loc. cit. 

2 Claud. C. xi, f. 30: a plena terra of 18 acres de wara paid "jd., 
a dimidia terra of 12 acres paid 40J. \d. \ of \d. : ' Ita scilicet quod tres 
hujusmodi tenentes dant quatuor decern denarios.' A six-acre holding 
paid i\d. ; a cotland of one acre id. The sum from the vill was 43 y. $ld. 
The same arrangement exactly is seen in the earlier extent, Tiber. 
B. ii, ff. 86 seq. 

3 Claud. C. xi, f. 105. 4 Ibid., f. 263, for example. 
5 Ibid., ff. 30, 198, 199, 203, 263 ; Vac. Roll. 1 132/10. 

c P. Q. W., p. 280: 'Et si idem episcopus et homines de feodis suis 
coram justiciariis itinerantibus in misericordiam inciderint vel finem 
fecerint pro misericordia sint quieti de ilia misericordia. Et si finem 
fecerint nichil dent ad finem illam.' 

7 Tiber. B. ii, f. 249: 'Vicecomes Essex' reddidit compotum de cxvs. 
v\i}d. de misericordiis hominum villarum et decennar' quorum nomina et 
causa annotantur in rotulo de Itinere Roberti de Lexintone et sociorum 
suorum cum hoc signo Ely preposito in margine ejusdem rotuli. In 
thesauro nichil. Et Episcopo Elyensi c. xvs.vnjd. per libertatem cartarum 
Reg.' et quietus est.' The fines include : pro falso appello, falso clamore, 
transgressione, contemptu ; quia non est presens, quia retraxit se, &c. 






,86 CUSTOMARY RENTS [ch. vn 

villata except the free, the husebondi contributing equally. 1 
Tn Suffolk a ponndsilvcr is recorded in the extent of Hadleigh. 2 
On St. Edmund's manors the rents Census, Tunnus Census, 
Custumpand, Marcselver, occur. 3 These rents may be the 
ivitepund in other forms ; they may, on the other hand, refer 
to the customary tallage or aid. The names seem to indicate 
at least that like the fulstingpound they refer to rents assessed 
at a fixed round sum, a pound or a marc, on the vill to which 
the tenants contributed their appropriate shares. 4 

Common amercements and fines. Another kind of dues which 
may properly be included among the profits of jurisdiction 
were fines or amercements laid upon the county, hundred, or 
ivapentake as a whole, which were levied usually on the 
occasion of some special offence or failure of justice, but in 
some cases assessed at a definite annual sum, placed ad 
certum. 

Amercements or misericordiae of this kind were due from 
county and hundred ; from the county when the court made 
a false judgement, or when the county was amerced for some 
reason in the eyre of the justices, from the hundred when the 
murdrum had to be exacted, and when it became responsible 
for other offences, for the failure to produce robbers, for 
example. 5 Occasionally a common amercement connected 
with the eyre of the forest is mentioned. 6 

Freedom of the franchise from the misericordiae and 
amercements of the county and hundred, especially from the 
murdrum, was usually coupled with freedom from suit of 
court, 7 but occasionally lands free from suit were still geldable 
for the common amercement. The murdrum was often levied 

1 Claud. C. xi, ff. 198, 199; Tiber. B. ii, ff. 163, 172. 

" Suff. Instit. Archaeol. iii. 229 sqq. 

! See above under miscellaneous rents. 

4 See Hazlitt's Blount's Tenures, p. 439, for poundland, and the Scotch 
shillingland. 

Rot. Hund. i. 528: ' Item Abbas . . . et predecessores sui solebant 
contribuere ad commune amerciamentum et ad murdrum quando accidit 
cum hominibus hundredi et dare quartam partem.' Also pp. 244, 248, 
371. 388 ; P. Q. W., pp. 375, 407, 415, 777, 779, 780, 783 ; Mich. Ambr. 
Kent., p. 135 ; Red Bk. Exch. ii. 651, 655, 657. 

! f -Q- w -> pp. 384, 407, 641. 

' Ibid., pp. 791, 792, pass., 797. 



ch. vn] ROYAL RENTS: JUDICIAL 187 

by lords of franchises. In manorial records the common fine 
of the hundred seems to be sometimes regarded as a certain 
source of annual revenue, paid by the vills, but the information 
is not very clear. 1 A late custuma called wapentake fine is 
mentioned which seems to indicate a fixed rent. 2 

1 Wore. Vac. Roll, 1 143/18 ; Reg. Wore. Pr., pp. xxxvi, 5, 157 ; York 
Vac. Roll, 1144/1; P. Q. W., pp. 195, 196, 212, 217, 248, 261 ; Mich. 
Ambr. Rent., p. 93 : ' Item dominus habebit annuatim de consuetudine 
hundredi de Beato Martino vjs. vd., et de consuetudine hundredi de 
Hokedai vjs. vd.' Perhaps hundredscot is meant. 

2 Mon. Angl. iv. 551, 552. 



CHAPTER VIII 
CHURCH RENTS 

Church rents, being of general occurrence and not peculiar 
to manorial society, do not fall within the field of this study 
except in so far as they were influenced by the manor and 
assimilated to customary obligations. The influence of the 
manor upon them was due in large measure to the fact that 
the lord of the manor was often the monastery to which the 
parish church might belong, and which thus gained a power 
of interference in purely parochial and ecclesiastical arrange- 
ments, and turned part of the revenue from the church to 
private uses. Church rents may be divided into the following 
classes : — first, rents paid primarily to the parish church or to 
the monastery which has stepped into its place, including 
especially tithes, plong halms, soulscot, and lightscot ; secondly, 
churchscot, which in later times had become altogether 
manorialized ; thirdly, rents paid to the provincial church or 
to Rome direct, especially synodaticnm and Peter s Pence. 

Tithes. The important controversies regarding the early 
history of tithes need not be considered in a brief discussion 
of the place of tithes in the manor. Briefly stated, the safest 
conclusion seems to be that in origin the endowment of 
parish churches resulted from arbitrary dedication to them 
by laymen of a certain proportion of their revenues. 1 The 
existence of tithes, of the consecration to the church of the 
tenth of one's possessions, dates from the earliest times, but 
the payment was voluntary until 787, when legatine councils 
made it imperative but did not prescribe a particular destina- 
tion. Edgar's law 2 first made the payment of tithes to the ' Old 
Minster', the head church of the district, incumbent, except 
in cases where a thegn had a church with a burying-ground 

Selden, History of Tithes ; Stubbs, Con. Hist. i. 248 ; Hunt, in Hist. 
Kng. Church, i. 160, 161, 224, 239, 290, 359 ; Roundell Palmer, Ancient 
]• acts and Fictions, p. 292, pass. 2 Edg. ii. 



ch. vm] CHURCH RENTS 189 

attached to it on his private estates and should wish to 
dedicate to it a third of his tithes. If his church had no 
burying-ground, the thegn paid the priest, and all tithes 
went to the Old Minster. These provisions were repeated in 
later laws. 

Though paid normally to the parish church, tithes were 
yet often appropriated in part or wholly by a monastery 
or religious house, and for long this appropriation was 
acquiesced in with little protest. In the thirteenth century, 
however, the assignment of tithes to churches was clearly 
recognized, and in theory monasteries or religious houses 
claiming them must produce documentary evidence of their 
right. 1 The monks were constantly struggling to gain papal 
exemption from the burden of tithes for their demesne 
land ; the parochial clergy, depending upon the tithes for 
support, were as constantly struggling against it ; and the 
Pope vacillated between the two, desiring the friendship 
of both. In 1215 the Lateran Council declared that monks 
and religious houses, except Hospitallers, Templars, and 
Cistercians, must pay tithe to the village church, but even 
after this decree the monks frequently gained their point, 
and had their demesne declared exempt, either as the result of 
direct grant or of customary use. Professor Savine has shown 
how important a part of the spiritual revenues of monasteries 
at the time of the Dissolution was thus derived from the 
tithes of the monastic demesne. 2 In cases where the parish 
church was in the hands of the monastery the appropriation 
of tithes to the monastery was common and easy. 

In the Anglo-Saxon Laws tithes appear as the tenth part of 
the young cattle, paid at Pentecost, and the tenth part of the 
fruits of the earth paid at All Souls or the autumn equinox, 3 
' the tithe of yong cattell to be paid at Whitsontide and of fruits 
of the earth at All Hallows.' 4 By the thirteenth century these 
had been stretched to include, as titheable products, corn crops, 

1 Capes, in Hist. Eng. Ch. iii. 261 ; Stubbs, Con. Hist. i. 248 sqq. 

2 Oxford Studies, vol. i. 107-13. Trevelyan, England in the Age of 
Wyclif, p. 125 (1st ed.). 

3 Ethelred, v. n ; Cnut. i. 8. 4 Selden, Tithes, p. 222. 






I9 o CUSTOMARY RENTS [ch. vm 

hay, fruit, honey, butter, cheese, wool, chickens, doves, lambs, 
calves, fish from the water, venison from the forest, gains of 
the miller and merchant, the professional man's earnings. 1 
Frequent disputes occurred between church and lay courts 
in the thirteenth and fourteenth centuries regarding tithes, 
especially regarding the tithes of wood, sylva caedua. 2 

The descriptions of tithes in the custumals vary very much 
in fulness. The lord's bailiffs were little concerned with the 
payments made to parish churches ; but when the tithes had 
been appropriated by the monastery or a division was made 
between the vicar and the monastery some statement of the 
character of this obligation is given, and of the division of 
the burden between tenants' land and lands in demesne. 
Worcester and Ramsey furnish excellent examples of the 
incidence of tithes on church manors. At Worcester the 
villeins paid the greater and the lesser tithes, which are de- 
scribed in detail ; 3 they threshed and carried the tithes of 
grain. 4 In some manors the parish church received all the 
tithes of the demesne except the decimae nutrimentorum et 
novalitcm, which were paid yearly to the Prior and convent 
de pensioned Cases of commuted tithes occur. 6 The Ramsey 
Cartulary also, in the description of most manors, states the 
division and destinations of the tithes. 7 

Plough alms. Ploualmes, the ancient sidhaehnessan or 
elemosina carucarum, was a common obligation due to the 
church in Saxon times. Fifteen days after Easter a penny 
was paid by every plough which had been yoked between 
Easter and Pentecost. Ethelred's statement of the law is 
clear : — ' And that there be given from every plough a penny 
or penny's worth, and every one that has a family shall see to 

1 Capes, Eng. Ch. iii. 268. 

9 Pollock and Maitland, Eng. Law, i. 106, quoting Matt. Paris, C. M. 
iv. 614 ; Bracton, fif. 402 b, 403 ; Circumspecte Agatis Stat. Realm, i. 101, 
c. 3; Articuli Cleri, i. 171, c. i. ; Stubbs, Con. Hist. ii. 627. Compare 
ibid. iii. 352, for the tithe of personality. 

3 Reg. Wore. Pr., p. 44 a. . 

4 Ibid., pp. yib, 43 a. 

' J bid., pp. 53 a, 55, 64^, 67 b, pass. 
6 Ibid., pp. lxxvi, 59^, 60a, 64b. 

' Ram. Cart. i. 279 sqq. ; D. S. P., pp. 64, 150 ; Abing. Ace, pp. 85, 88, 
102, and pass, in manorial extents. 



ch. vni] CHURCH RENTS 191 

it that each hirmannus of his shall give it, or, if he have it not, 
his lord shall give it for him.' 1 

In later times plouglialms was a rare payment. It occurs 
on the Ramsey manor of Saint Ives as a penny paid the 
vicar from every plough yoked between Easter and Pentecost, 
and from every plough yoked in the hamlets of Waldhirst 
and Woodhurst at the same time as a loaf of bread, half of 
which went to the vicar and half to the poor. 2 At Wistowe 
a similar provision appears, except that the payment of bread 
called solo7ialm.es was made at the rate of six loaves from 
a virgate, two at All Souls, two at Innocents, and two on 
the morrow of Pentecost. 3 Elsewhere payments assessed on 
the plough were for the maintenance of church lights, and 
took on a different form. At Peterborough a heavy food rent 
like the farm was paid ad caritatem S. Petri. In Undele, for 
example, one cow worth 30a 1 . and three hundred loaves were 
given for this purpose, 4 and at Wermintone the pleni et semi 
villani paid ten rams, four hundred loaves, forty dishes, one 
hundred and thirty-four hens and two hundred and sixty 
eggs. 5 The cloth paid in connexion with this rent suggests 
the scrud rent, the rent ad vestitnentum, in ancient times due 
from scrudland. At Abingdon a heavy poultry rent was due 
at the ' misericordiae ' made at Martinmas and Christmas. 
The large donations of eleemosynary bread mentioned in the 
charters will be recalled, and also the almesfeoh of the Laws 
and Rectitudines. Stdsilver, a rent in Saint Edmund's manor 

1 Ethel, vii. 1,2; E. and G. 6, 3 ; Athel. 1, 4 ; Edm. 1, 2 ; Ede. ii. 2, 3 ; 
Aethel. v. II, vi. 16, vii. 1, viii. 12 ; Cnut. i. 8. 

2 Ram. Cart. i. 282 : ' De qualibet caruca juncta inter Pascha et Pente- 
costen unum denarium qui dicitur ploualmes, recipit apud Sanctum 
Ivonem, et pro singulis capitibus junctis eodem tempore in carucis apud 
Waldehyrst et Wodehyrst unum panem cujus collectionis medietas 
remanet vicario, et alia medietas pro voluntate parochianorum erogatur 
pauperibus.' Cf. pp. 294, 331, 341. 

3 Ibid. i. 353 : ' De qualibet etiam caruca juncta infra festum Sancti 
Michaelis et Natale percipit vicarius unum denarium. Et de qualibet 
virgata terre habebit vicarius sex panes, qui dicuntur soloualmes.' 

4 Chron. Petrob., p. 158. 

5 Ibid., p. 161. Cf. pp. 159, 160, 162, 163, 165. 

6 Abing. Ace. ii. 317 : ' Item de Bertune reddent ad misericordiam 
quae fit circa festum S. Martini x et viii gallinas et ad aliam misericordiam 
quae fit post Natale Domini x et viii.' 



i 9 2 CUSTOMARY RENTS [ch. vm 

of Werketon, which sometimes has the form culsilver paid at 
Pentecost and was uncertain in amount, may possibly be 
a form of ploughalms, but seems more probably the commuta- 
tion of a rent of ploughshares to the lord. 1 Ploughsilver is 
mentioned at Durham, but without explanation. 2 

Light scot, another rectitudo of the church in Anglo-Saxon 
times, was paid usually at Candlemas, 3 but according to Cnut 
three times in the year, first at Easter, again at All Saints, 
and again at Candlemas, at the rate of a halfpenny's worth 
of wax from every hide. 4 In later times this rent was common, 
occurring usually in the form of ad luminare Beatae Mariae 
or ad candelam. It was due at Candlemas and was used for 
lighting the church. It was paid in the Ramsey manors of 
Abbot's Ripton and Broughton at the rate of a penny from 
a married cottar, and a halfpenny from an unmarried cottar. 5 
In Wistowe every house with a hearth paid a halfpenny at 
Easter to light the church. 6 At Brancester the persona 
received a penny from every plough of the curia for Easter 
wax. 7 At Glintone, a manor belonging to Peterborough, 
a penny was paid by every plough for Easter wax, 8 and on 
St. Paul's manors and elsewhere similar rents were fairly 
common. 9 In the north in the manors of Durham the rent 
appears as ad luminare™ and also as candelwekesilver} 1 
Waurshot or waresilver seems to have been a similar rent. 12 

Soidscot was in origin the Anglo-Saxon mortuary due, paid 
at the open grave, if a man were buried in his own parish, 
and if he were buried elsewhere still paid to the minster to 
which he had properly belonged. 13 Of mortuary dues the 

* See sulsilver, above. 2 Hazlitt's Blount's Tenures, p. 132. 

8 E. and G. 6, 2 ; Ethelr. viii. 12. 

4 Cnut. i. 12 ; Ethelr. v. 11, vi. 19. 5 Ram. Cart. i. 321, 331, 341. 

I Ibid. i. 294, 353. 7 Ibid. i. 413. 

8 Chron. Petrob., p. 163 : ' Et de quaque caruca ejusdem villae \d. cere 
ad lumina ecclesiae de Burch.' 

D. S. P., pp. 161, 162, 163 ; Rot. Hund. ii. 842. 

u i? od ' Dun- ' PP ' 35 ' 43- 

D. H. R., p. 243 : ' Tenentes . . . pro candlewekesilver ibidem per 
annum 2s.' Feod. Dun., p. 314. 

1 Hazlitt's Blount's Tenures, p. 380 ; and see waursilver above. 

Aethel. i. 4 ; Edgar, ii. 5 ; Ethelr. v. 12, vi. 20, 21, viii. 13 ; Cnut. i. 13 ; 
Earle, Land Charters, p. 265 ; Seebohm, Tribal Custom in A. S. Law, 
p. 461 n. 



ch.viii] CHURCH RENTS 193 

custumals usually tell very little. Soulesilver, if this be the 
same as the soulscot payment, amounted to a large sum in 
the receipts of Durham, 1 and occurs again at Abingdon. 2 The 
vicar's right to a second best beast after the lord has chosen 
the best for heriot was fairly common. 3 

Occasionally other rents to the church or monastery are 

mentioned, which are rather general in character. Thus the 

'. alteragium or altelagium were fees of one kind or another 

; made at the altar for services and the maintenance of vest- 

i ments. 4 The consuetudo prebende was paid commonly at 

Martinmas by villeins at Tischerton, a Peterborough manor, 

at the rate of id. from a full villein, a penny from a half 

villein. 5 At St. Paul's a rent called dizenae was collected, 

' possibly the denus denarius . . . the seven pence per week or 

penny per day, in some way a tenth penny or tithe which was 

paid to the almoner of the cathedral, and denas may be 

a form of dizenas, quasi diesenas ... all that we know 

certainly of the dizenae is that they were money payments 

made in each of the fifty-two weeks of the year by each 

manor in turn.' 6 

Church scot was a rent of another kind, paid to the lord of 
the manor. The provisions regarding it in Domesday Book 
have been most fully discussed by Professor Vinogradoff, who 
finds in the incidence of the rent on the hides of Worcester- 
shire and Berkshire an evidence of premanorial conditions, 
where it was paid by the normal householder with a hide, and 
was a rent for church purposes, parallel to the king's gafol. 7 
On the questions regarding its earlier history, especially the 
attempt of Anglo-Saxon kings and the church to turn 
a special church rent into a rent of general incidence, 8 later 
conditions throw very little light, except in the one particular 

1 Feod. Dun., p. 211. 2 Abing. Ace, p. 5. 

3 See above. 

4 Glouc. Cart. ii. 224; Worcester Vac. Roll, 1143/1%, pass. 

5 Chron. Petrob., p. 164. 

6 D. S. P., pp. exxvii. 154. 

7 Eng. Soc. Elev. Cent., pp. 419, 44*> 454, and see also Mr. Round s 
note in Eng. Hist. Rev. v. 101. 

8 Kemble, Saxons, ii. 490 ; Schmid, Gesetze, p. 545 ; Domes. Book and 
Beyond, p. 321. 

C. R. O 






I94 CUSTOMARY RENTS [ch. vm 



that the churchscot of the later manorial documents seems to 
have been limited to the counties that were generally within j 
the limits of the West Saxon kingdom. There are no clear j 
cases of it in East Anglia, or in the north or northern mid- 
lands. It occurred commonly, on the other hand, in the 
twelfth and thirteenth centuries, on the lands of St. Augustine, 
Worcester, Gloucester, Glastonbury, Abingdon, Winchester, 
Battle, and elsewhere in the counties of Oxfordshire, Glouces- 
tershire, Berkshire, Somersetshire, Hampshire, and Wiltshire, 
and perhaps in Surrey. In many manors belonging to various 
lords in these counties it was a heavy burden on the custom- 
ary tenants, paid in the form of grain, poultry, or money. 
Very occasionally there is a regulation regarding churchscot 
that may point back to the cyresceativeorc, once mentioned 
in Anglo-Saxon times, 1 and perhaps forming a fourth variety 
of early labour service, in addition to gavolerth, grascrth, and 
benerth. As would be expected from its prominence in 
Domesday Book, churchscot survived at Worcester and formed 
one of the articles of inquiry for the Register of the Priory in 
the middle of the thirteenth century. 2 The rent was paid in 
hens and in grain, and was not one of the ' new customs ' by 
which some tenants had been enfeoffed, but was always part 
of the old enfeoffment. Thus, at Stoke one-sixth of a cron of 
corn paid according to the older customs is not mentioned 
among the new customs. 3 In the vacancy rolls of Worcester 
Martinmas hens are frequently mentioned. 4 The churchscot rent 
in Buckinghamshire, Domesday states, was not paid after the 
Conquest. 5 On Gloucester manors churshacc was paid com- 
monly in the form of grain or poultry, 6 and in Glastonbury 
churchscot formed a usual part of the customary obligation, 
being rendered, however, usually only when services were 
rendered in labour, and not when they were put ad censum 
in any year. 7 It was paid often at the rate of four hens or 

1 Kemble C. D., 1086. 

1 Reg. Wore. Pr., p. 25* : cf. pp. lvii, 43 b , 52* 79, 83. 
3 Ibid., p. 102. * Vac. Roll, 1 143/18. 

8 D. B. i. 143 15 ; Eng. Soc. Elev. Cent., p. 441. 
• Glouc. Cart. iii. 37, 40, 43 ; i. 158. 
Inqu. 1189, pp. 28, 110, 117, 124. 



ch. vin] CHURCH RENTS 195 

a bushel of grain from a virgate, a distinction being made 
sometimes in the amount owed by the married or unmarried 
tenant, and it was paid by all classes of customary tenants, 
by cottars and widersetles, as well as virgaters. 1 Once it is 
called ' churchscot of the priest \ 2 At Abingdon it appears as 
grain or poultry. 3 The Winchester churchscot, a very heavy 
rent, is described clearly in the Pipe Rolls of that church. It 
Iwas paid in grain, in hens, which are distinguished from the 
jhens de consuetudine, or in money, and is regularly accounted 
for by the bailiff. 4 At Sutton account is rendered of l$d. 
cheriset in addition to 20 quarters and a bushels of corn, and 
100 hens. These are sent to the deacon ; 5 elsewhere the food 
rent is received by the constable and his family, 6 or is given 
to the huntsmen. 7 ' The men who give cheriset ' are specially 
distinguished as a class by themselves among the tenants. 8 
Crondal records give further evidence of this heavy payment 
in Hampshire. 9 Churchscot is common also on the manors of 
Battle, where in Brightwaltham, Berkshire, it appears in the 
account rolls as arentatus in certo, and was paid in grain, 
poultry, or money. 10 Elsewhere, possibly, Battle records 
connect it with labour; the villeins gather stipirta on the 
demesne, and on account of this give churchscot? 1 or plough, 
or give churchscot as the lord chooses. 12 The Bleadon cus- 
tumal shows that sometimes it was called hensyeve when paid 
in hens, and at Christchurch, Hampshire, it was called 
MartinrentP The Hundred Rolls record it commonly in the 
counties enumerated, especially in Oxfordshire, where, as at 
Battle, it is once stated that it was paid in return for permis- 

I Mich. Ambr. Rent., pp. 8, 9, 12, 59. 2 Ibid., p. 115. 

3 Abing. Ace. ii. 53, 301, 305, 306, 309. 

4 Winch. Pipe Roll, pp. 3, 8, 9, 10, II, 12, 15, 23, pass. 

5 Ibid., pp. 41-43 ; cf. pp. 10, 25, 30. 

6 Ibid., pp. 71, 73. 

7 Ibid., p. 57. 8 Ibid., p. 20. 
9 Crondal Records, pp. 57, 60, 78, 84, 86, 92, 95, 105. 

10 Min. Ace. 742/17, 18, 19. Also Batt. Abb. Cust., pp.60, 77, 78, 80,85. 

II Batt. Abb. Cust., p. 89; Misc. Bks. Augm. Off., vol. 57, ff 43. 

P' 57> , , AC 

12 Ibid., p. 74. The tenants plough, sow, and harrow grasacre, and lor 
this are lree from churchscot ; cf. p. 58. 

13 Blead. Cust., pp. 182-210, especially 196, 201. 

O % 



i 9 6 CUSTOMARY RENTS [ch. vill 

sion to gather stubble on the demesne after Martinmas. 1 It is 
usual in Oxfordshire to find it paid to the lord of a lay manor 
as a villein rent, and similar cases occur occasionally else- 
where. It is sometimes found in account rolls regularly in- 
cluded among minute consuetudines, or under the exitus 
manerii? 

Churchscot probably appears sometimes in the form of a rent 
of seed given to the church called church seed. On account of 
the many possible variations in the spelling of churchscot the two 
forms are sometimes difficult to distinguish from one another, 
and probably in any case both refer to the same payment, 
churchseed, that is to say, forming a part of the churcJiscot? 
Thus in Cnut's letter from Rome provision is made as 
follows : ' Et in festivitate S. Martini primitiae seminum ad 
ecclesiam sub cujus parrochia quisque deget quae Anglice 
cyricsceat nominatur.' 4 In the Red Book of the Exchequer, 
in the Expositiones, the following definitions occur: — Chirchesed 
Chircheomer vel Chircheambre. ' Une certaine mesure de ble 
batu qe chescun homme donoit au temps des Bretons et des 
Englois al eglise le jor Seint Martyn.' 6 The form appears in 
later times very rarely. In the Domesday of St. Paul's, 
however, it is written in the margin of the account of Bernes 
in Surrey as a gloss on mantecorn, and an interesting note is 
added by the editor in which the rent is connected with a 
very ancient Celtic custom taken over by the church. 6 

Another class of payments went beyond the parish church 
and the monastery or lay lord of the franchise, to the church 
at large, and had little connexion, as a rule, with customary 
rents. The most important representatives of this class 
were the Synodaticum and Peter s Pence. Occasional re- 

' Rot. Hund. ii. 712, 757, 758, 763, 775, 776, 779, 78o, 782, 785, 786, 
818, 874. 

* Min. Ace. 850/10 ; Kennet, Par. Antiq., p. 262 ; D. S. P., p. exxiv. 
^ Rot. Hund. ii. 712, 757, 776, 779, 782. 

* Thorpe's Gloss, to Vol. I., with references. 

Red. Bk. Excheq. iii. 1039 : the passage continues ' Mais puis la 

venue des Normans, si le pristent a lor oeps plusors seignurs et le donerent 

olonc la veu ley Moisi nomine primitiarum sicome vous trouverez en les 

:ttres le roi Cnut qil envoia a Rome, et est dit Cherchesed ; quasi semen 

ecclesiae.' 

D. S. P., p. 105. Cf. pp. 154* and exxiv. 



:h. viii] CHURCH RENTS 197 

Terences occur also to payments to archdeacons for various 
purposes. 

Payments to Synods. ' By canon law ... a bishop holding 
a synod was entitled to receive 2s. from every person 
cited to it, the payment being termed synodaticnm, the 
object being to tempt the bishop to hold synods. . . . 
Probably synods of bishops were held twice a year even 
after William I.' 1 The payment is thus defined by the 
editor of the Domesday of St. Paul's in explanation of the 
common occurrence of the synodaticum on St. Paul's manors. 
On each manor a yearly rent is mentioned, paid at Michael- 
mas, for this purpose, amounting to something over a shilling, 
collected like the Peter's Pence, and once retained by the 
firmarius for his own purposes. 2 As in the case of other 
rents, the lord, paying an annual sum himself, may have 
recouped himself with a larger sum exacted from his cus- 
tomary tenants and paid under the name of the original rent 
or some other. The Hexham documents include a quit claim 
of 4s. of synodal rent from an archdeacon of the West Riding. 3 
The payment occurs in the Gloucester Cartulary ; 4 Durham, 
in a probably spurious charter, is exempted from it. 5 ' Aids ' 
of archdeacons and bishops are sometimes mentioned also, 6 
and at Ramsey there were various payments made to the 
archdeacons appointed to collect the papal dues. 7 A curious 
collection of a different character was the Confraria, Fraria, 
Collectae, voluntary contributions collected by the Knights 
Hospitallers from 'diverse churches' of the neighbourhood, 
originally in virtue of some papal bull. 8 

Peters Pence. The controversy regarding the origin and 
early history of the Romescot or Peters Penny has little 
bearing on the incidence of the payment on the manorial 
population. The disappointing meagreness of the information 
regarding it in the later documents probably results from the 

1 D. S. P., p. cxv. 

2 Ibid., pp. 140 et seq. 

3 Hex. Pr. ii. 86. 

4 Glouc. Cart. ii. 125. 5 Feod. Dun., p. lxxvn 
6 Feod. Dun., p. lxxxvii. 7 Ram. Cart. ii. 152. 

8 Knights Hospitallers, xxx. 4, 7. 



I9 8 CUSTOMARY RENTS [ch. viii 

extra-manorial character of the due. The researches of Favre 
and Jensen have proved that the actual amount of money 
sent to Rome annually from this source was approximately 
300 marcs, whether that fixed sum may have been the sur- 
vival of an old customary assessment, or the result of a 
twelfth-century convention between the pope and bishops, 
and that papal attempts to secure more than this amount 
were unsuccessful. 1 From the information given in the 
custumals it seems probable that a much larger sum than this 
was collected each year, or at least in years in which the 
payment was made to Rome. Custumals often state that 
every one with goods to the value of 30^., the later Saxon or 
early Norman alteration of the original assessment on each 
householder, contributed a penny to St. Peter. 2 Sometimes 
if a villein were married he paid a penny, if unmarried, only 
a halfpenny. The custom at Ramsey is clearly stated : 
Whoever, being married, has on Christmas Eve averia, plough 
beasts, to the value of 30^. at least, shall give at Ad Vinculo, 
a penny, which penny is called the denarius Sancti Petri, and 
a man without a wife and a widow shall give a halfpenny. 
For chattels, moreover, the said penny shall not be given. 3 
The restriction of liability to those with averia is rare. At 
Battle the more common assessment on chattels, movables, 
to the value of %cd., occurs on one manor ; 4 on another it is 
stated that armies tenentes pay the due. 5 The provisions 
regarding marriage are found also at Glastonbury and 
elsewhere. 6 Sometimes the form of statement in the records 
suggests that the tax was levied on the villata as a fixed sum, 
the distribution of which would be a matter of local custom 
and arrangement, and the total amount not necessarily, there- 
fore, an indication of the capacity of the vill. Thus in the 



1 Favre, Melanges Rossi. Jensen in Trans. Roy. Hist. Soc, vol. xv 
and xix, especially documents printed in Appendix. 

2 For example, Edw. Co.nf. Leg. 10; Leg. Will. Pr. i. 17. 

3 Ram. Cart. i. 331. Cf. i. 282, 321, pass. 

4 Batt. Abb. Cust., p. 90. 

5 Ibid., p. 89. Cf. Rot. Hund. ii. 723, 764. 
5 Mich. Ambr. Rent., pp. 72, 81, 149 ; Batt. Abb. Cust., p. 12 ; D. S. P., 

p. cxvii, quoting the Inquest of 1279. 






ch. vni] CHURCH RENTS 199 

Register of Worcester long lists are given of the amounts from 
various manors, amounts ranging from $d. to 3J. ^d., 1 and in 
the Gloucester Cartulary the total amount due from Littleton 
is given as 2od. a year as if the sum were not subject to 
change. 2 Custumals give occasionally the total sum due 
from a vill. 3 Whatever may have been the variations in local 
custom, it would seem probable that the amount collected 
within the manors would have brought a sum far in excess 
of the 300 marcs paid to the pope, and on the appropriation 
of the surplus we get sometimes a little light. Thus Innocent 
in a letter inquires concerning the unjust appropriation of the 
due by prelates, and commands an inquiry to be made in the 
matter. 4 More specific information may be had from the 
Domesday of St. Paul's regarding the method of collection in 
the manor and the possibilities of misappropriation. In 
Cadendon and Kenesworth it was collected by the rural 
dean. 5 In several manors the collection was made by the 
sacerdos? At Tidwolditon it was collected and paid by the 
clerk, 7 and in still other cases it was collected by the firmarius 
and paid by him to the dean, 8 but in Sutton and Norton the 
firmarius collected it and retained it. 9 The money collected 
was paid usually by the dean to the archdeacon. Still clearer 
evidence of the retaining of Peter's Penny is furnished by the 
account rolls of Winchester. The bishop was responsible for 
the payment of a given amount to the pope's representative, 
but collected evidently the total sum himself of which his 
manors were capable, and, handing over only the correct 
proportion of the total English assessment which was due 
from his diocese, regularly included the residuum in the exitus 
of his manors. 10 Thus in the account of Wittene the bailiff 
'reddit compotum de $s. 6d. de residuis denariorum Sancti 
Petri ', and at Wicumbe the words ' hoc anno ' are added. In 

1 Reg. Wore. Pr., pp. 25% 98*. 2 Glouc. Cart. iii. 37. 

3 Abing. Ace, pp. 6, 39 ; Cust. Roff., pp. 7, 8. 

4 Jensen, Trans. Roy. Hist. Soc. xv. ; and Rymer's Foedera, i. 176, 182. 

5 D. S. P., p. 147. Cf. pp. cxvii, 148 {bis). 

6 Ibid., pp. 149, 150, 151. 7 Ibid., p. 148. 

8 Ibid., p. 151. 9 Ibid., pp. 150, 151. 

10 Winch. Pipe Rolls, pp. 16, 20, 32, 64. For excellent examples of such 
disparity, see Vac. Rolls, 1131/3 and 1 128/4. 



2 oo CUSTOMARY RENTS [ch. vm 

the Black Book of St. Augustine's the Romescot is included 
regularly in the list of customary dues without a statement of 
its destination. 1 The Bishop of Worcester granted Peter's 
Penny by a charter to the monks of Worcester. 2 Jensen has 
shown the various methods used in the collection of rent. 
Before Becket's time the Archbishop of Canterbury was re- 
sponsible for the collection ; from the time of Becket to 1284, 
a bishop was commissioned by the pope, while at the end of 
the thirteenth century a special collector took charge of 
Peter's Penny and other payments, and had under him, and 
responsible to him, a number of sub-collectors for different 
districts. England was divided for this purpose into districts, 
in accordance with the two archbishoprics, the bishoprics, and 
archidiaconates, and the sum due from each district was fixed. 3 
The exact method by which manorial collections reached the 
collectors, and the power of the collectors to interfere in 
manorial arrangements, does not appear. In the earlier period 
the king might be called upon to require his justices to enforce 
the payment, 4 and the sheriffs may have been given some 
authority in the matter. 5 

Other names for Peter's Penny were Romescot, hearthpenny ', 
smokepenny, swarfmoney, and fire harth. The identification 
of Romescot with Peter's Penny is probably unvarying, but 
the exact meaning of hearthpenny is not always so clear. In 
the laws the two names, hearthpenny and Peter s Penny, refer 
to the same payment ; thus Edgar states that every hearth- 
penny shall be paid at St. Peter's and the usual Peter s Penny 
penalty is attached to failure to pay it. 6 In the Rectitadines, 
on the other hand, and in the Battle custumals, a difficulty 
arises from the appearance of hearthpenny side by side with 
Romescot? Possibly the payment was made twice a year at 

1 Faust. A. i, ff. 10, 17, 60 pass. 2 Reg. Wore. Pr., p. 98 b . 

1 Trans. Roy. Hist. Soc, toe. cit. Cf. Ram. Cart. i. 109, ii. 152. 

4 Trans. Roy. Hist. Soc, n. s. xix, p. 224. Letter of Foliot to the king 
quoted : ' write to your justices about it and order that it shall be done.' 
See Hist. Eng. Law, i, p. 539, n. 2. 

6 Trans. Roy. Hist. Soc, n. s. xix. 228. 

6 Edgar, ii. 4. 

7 Schmid, Anh. iii. 3, and note. Batt. Abb. Cust., pp. 4, 5, 7, 8, 10 : 
' Pro Romescot et hertyeld ' 2d., id., or 4d. ; p. 43, hertheld at the feast 



ch. vni] CHURCH RENTS 201 

Battle and the payment at the feast of St. Thomas was called 
hearthyield, while that at ad Vinculo- was called Romescot, or 
else the name hearthpenny at Battle is applied to a payment 
resembling churchscot or some other church due. At Glaston- 
bury, on the other hand, the two names, Peter s Penny and 
hurtpeni, seem to have been used interchangeably. 1 Probably 
hearthpenny was a more general name applicable to any tax 
levied primarily on householders, but usually identified with 
the Peter's Penny. 

Smokepenny or Smoke silver is curiously defined in a late 
document : ' To the summer for Peterpence or smoke farthings 
sometyme due to the Antecriste of roome xd.' 2 Swarf- 
money 3 and fire harth 4 appear to be other late names for the 
same payment. 

The study of church rents shows that they, like the royal rents, 
although in less measure, yielded to the co-ordinating forces 
of the manor and were assimilated in part to customary rents 
proper. When the lord of the manor had become the im- 
mediate, if not the ultimate, recipient of such extra-manorial 
dues, the further step, the placing of them ad cerium for a 
fixed annual sum, was not difficult to take. 

of St. Thomas Apostle, Romescot at the feast of St. Peter ad Vincula ; pp. 
5, 8, 9, 113, Romescot without herthyeld. Misc. Bks. Augm. Off., vol. 57, 

ff- I5j 33- 

1 Inqu. 1 189, pp. 22, 36, 82, 84, 86; Mich.Ambr. Rent., pp. 12, 72, 81, 

120, 121, 197. 

2 Hazlitt's Blount's Tenures, p. 441, quoting Archaeol. xxxv, p. 430, in 
a document of 1575. 

3 Ibid., p. 202. ' 4 Ibid., p. 380. 



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DOCUMENTS FROM WHICH THE LIST OF 
RENTS HAS BEEN CHIEFLY COMPILED 

Abingdon Abbey : Obedientiars' accounts (Camden Society). 
St. Augustine's, Canterbury: Cott. MSS., Faust. A. i. 

Bath and Wells, See of: Vacancy Roll, P.R.O., Min. Ace. 1131/3, 

(30 Edw. I). 
Battle Abbey : Custumals of (Camden Society). 
Misc. Bks., Augm. Off. vol. 57 (custumal). 
Brightwalton, Berks., Min. Ace. 742/16-19 (22-34 Edw. III). 
Wyr, Kent, Min. Ace. 899/1 (8-9 Edw. Ill) ; 899/11 (30-31 
Edw. III). 
Burton Abbey : Abstract of the Burton Chartulary (Wm. Salt Archaeol. 

Soc.). 
Bury St. Edmunds: Abbey of St. Edmund, Harl. MSS. 3977 (custumal); 
Harl. MSS. 1005 (custumal) ; Harl. MSS. 743 (custumal). 

Cambridgeshire Manor : F. W. Maitland, E. H. R. ix. 417. 
Canterbury, Christ Church : Add. MSS. 6159 (custumal). 

Harl. MSS. 1006 (custumal). 

Vacancy Roll, 1128/1 (54-55 Hen. Ill) ; 1 128/4 (6-7 Edw. II). 
Chichester, See of: Vacancy Roll, 1131/11 (33 Edw. I). 
Cockersand Abbey, Chartulary of (Chetham Society). 
Coventry and Lichfield, See of: Vacancy Roll, 1 132/5 (15 Edw. II). 

Durham, See of: Boldon Book (D. B. iv. Add. and Surtees Society). 
Bishop Hatfield's Survey (Surtees Society). 
Feodarium Prioratus Dunelmensis (Surtees Society). 
Halmota Prioratus Dunelmensis (Surtees Society). 
Vacancy Roll, 1144/17 (4 Edw. II) ; 1144/18 (7 Edw. III). 

Ely, See of: Inquisitio Eliensis (D. B. iv. Add.). 

Cott. MSS. Tiber. B ii (custumal) ; Claud. C. xi (custumal). 

Extenta Maneriorum, Ely Muniment Room. 

Poss. Elicn. in Norfolk, temp. Edw. Ill, Add. Ch. 37763. 

Vacancy Roll, 1 132/10 (26-28 Edw. I) ; 1 132/13 (9-10 Edw. II). 
Essex, Manorial Customs of, Charnock, 

Customs of 1298, Essex Archaeol. Trans. N. S. 109. 

Misc. B. Land Revenue, 214, f. 206. 

Customs at Great Tey, Essex, Astle, Archaeol. vol. xii. 
Exeter, See of: Vacancy Roll, 1 138/2 (43-44 Edw. III). 

Glastonbury, Abbey of: Inquest of 11 89 (Liber Henrici de Soliaco (Rox- 
burghe Club). 
Rentalia et Custumaria Michaelis de Ambresbury (Somerset Record 
Society). 
Gloucester, Abbey of: Historia et Cartularium Monasterii S. Petri 
Gloucestriae (Rolls Series). 
Barton Regis, Min. Ace. 850/8-80 {temp. Hen. V.). 



APPENDIX 205 

Guisborough, Priory of: Cartularium Prioratus de Gyseburne (Surtees 
Society). 

Hampshire : Crondal Records, ed. Baigent (Hampshire Record Society). 
Hertfordshire : Compotus Roll of Anstie, in Cunningham, Growth of 

English Industry and Commerce. 
Hexham, Priory of: Chroniclers, &c. (Surtees Society). 
Huntingdonshire: Glatton, Min. Ace. 876/14 (7-8 Edw. II). 

Lancashire : Ashton under Lyne (Chetham Society). 

Customs of Manor in North of England, Hibbert. 
Lichfield : see Coventry. 

Lichfield Manor, Brewood. 
Lincolnshire : Terrier of Fleet, Add. MSS. 35169. 

Ingoldmells Court Rolls (Associated Archit. Societies). 
London : Munimenta Gildhallae (Rolls Series). 

See of: Vacancy Roll, 1140/20 (16-17 H. VI). 

Newminster, Abbey of: Chartularium Abbathiae de Novo Monasterio 

(Surtees Society). 
Norfolk : Walsingham, Min. Ace. 945/2 {temp. Hen. V, or later). 

Norfolk Manor, Davenport, Compotus rolls of Forncett. 
Northamptonshire : Compotus of Ketteringe, Wise. 
Norwich, See of: Vacancy Roll, 1141/1 (18-20 Edw. II). 
Nottingham Records, Stevenson. 

Cuxham, Bailiff's Account, Rogers' Agriculture and Prices. 

Oxfordshire : Parochial Antiquities, Kennet. 

St. Paul's Cathedral, Domesday of St. Paul's (Camden Society). 
Peterborough, Abbey of : Chronicon Petroburgense (Camden Society). 

Ramsey, Abbey of: Cartularium Monasterii de Rameseia (Rolls Series). 

Economic Conditions on Ramsey Manors, Neilson, Compotus rolls of 
Wistowe, Hunts. 

Court Rolls, 179/10. ' . 

Rievaulx, Abbey of : Cartularium Abbathiae de Rievalle (Surtees Society). 
Rochester, See of: Custumale Roffense ed. Thorpe. 

Registrum Roffense ed. Thorpe. 
Suffolk : Suffolk Instit. Archaeol. iii, p. 229 ; Extent of Hadleigh. 

MSS. Gough, Suff., 3 (Bodl.) 

Misc. B. Treas. of Rec. 163, f. ill. 

Warwickshire : Antiquities of Warwickshire, Dugdale, ii. 9«- ^ 

Wiltshire : Sheriff's Tourn in Wilts., i 4 39, Archaeol. and Nat. Hist. Mag. 

13, p. in. . 

Winchester, See of : Liber Winton (D. B. iv. Add.). 

Winchester Pipe Rolls. 

Vacancy Rolls, 1142/25 (44~45 Hen - ni )- 

Troyle ; Add. Ch. 17457- , , T . x ,, „ T -u 

Bleadon Custumal, ed. Smirke, Roy. Archaeol. Instit., Mem. Wilts. 

and Salis., pp. 182-210. . . 

Worcester, See of: Registrum Prioratus B. Manae Wigormensis (Camden 
Society). 
Vacancy Roll, 1143/18 (30-3 1 Edw. I). 

York, See of: Vacancy Roll, 1141/1 (32~34 Edw. I); II44/S (*»#■ 
Edw. II ?). 



2 o6 APPENDIX 

Wales : Record of Carnarvon (Record Commission). 

Black Book of St. David's (Cymmrodorion Record Society). 
Denbigh, Survey of, 1334. 

Denbigh Lordship, Min. Ace. 1 182/4 (34 Edw. III). 
Tribal System in Wales, Seebohm, Documents in Appendix. 



Rotuli Hundredorum. 

Placita de Quo Waranto. 

Dugdale, Monasticon Anglicanum. 

Hazlitt's Blount's Tenures of Land and Customs of Manors. 

Select Pleas in Manorial Courts (Selden Society). 

Select Pleas of the Forest (Selden Society). 









INDEX 



Rents paid in food or money are italicized, 
a rule, given. 



References to the notes are not, as 



Abbot's Ripton, 192. 

Abingdon, 23, 34, 39, 51, 72, 76, 78, 

80, 101, 191, 193, 194, 195. 
Achate, 105, 108. 
Addington, 59, 65. 
Adulvesnasa, 23. 
Aid, see Auxilium. 
Aid of archdeacons and bishops, 197. 
Aid on installation, 93. 
Aid of St. Michael, 91, 93. 
Akergeve, 105. 
Alderhithe, 139. 
Aldremanlond, 10. 
Alemol, 37. 
Ale of St. Mary, 36. 
Alepenny, 35, 97. 
Ale rents, 22, 35 sqq. 
Aletol, 97. 
Allec, Ad, 34. 
Almesfeoh, 191. 
Almessecom, 29. 
Altelagium, 193. 
Alteragium, 193. 
Amercement, 154, 164, 165, 169, 172, 

177 sqq., 180, 181, 182, 186. 
Ancient demesne, 96, 138. 
Anilepiman, 10, 76, 173, 174. 
Anilepiwymen, 173. 
Ankerage, 143. 
Antiqua tenura, 21, 23, 24, 44. See 

Assize. 
Apuldreham, 77* 
Aquage, 143. 
Aree, 40. 
A r let em Ad, 82. 
Ashton under Lyne, 30. 
Assart, 10, 12, 23, 24, 47. 
Assize or enfeoffment, old and new, 22, 

33, 9 2 > 93, 97, I73i *94- See An- 
tiqua tenura. 

Assize of bread and ale, 160, 177, 183. 

Auxilium Abbatis, 92. 



Auxilium custumariorum, 90 sqq. See 
Tallagium. 

Auxilium nativorum, 95. See Talla- 
gium. 

Auxilutm Prioris, 93. 

Auxilium Purifcationis, no. 

Auxilium Regis, 95. 

Auxilium statutum, 109. 

Auxilium ad turnum, 160. SeeTurnus 
vicecomitis. 

Auxilium vicecomitis, 92, 124, 127, 
129. See Sheriff's aid. 

A vera, 67. 

Averacres, 64. 

Averagium, 61, 63, 66. See Carting. 

Averakersilver, 66. 

Avererth, 64. 

Averes, 64. 

Avereth, 64. 

Averlonds, 8, 12, 64, 65. 

Avermalt, 29, 64, 

Avermalth, 29. 

Averfennies, 63, 64. 

Aversilver, 61, 62. 

Badberghe hundred, 158. 

Banbury hundred, 132, 180. 

Barking, 23, 42, 45. 

Barling, 116, 128. 

Barnwell, 140. 

Barton, 178. 

Barton Regis, see King's Barton. 

Bath and Wells, 78. 

Battle, 34, 37, 38, 39, 64, 66, 73, 77, 

78, 106, 176, 194, 195, 198, 200, 201. 
Beauchamp, 45, 130. 
Bedeleria, 156. 
Bedewedinge, 60. 
Bedfordshire, 69, 72, 116, 118, 122, 

124, 132, 147, 165, 170, 172, 175, 

177, 179, 180, 181, 183. 
Bedgeld, 105. 



208 



INDEX 



Bedlands, 18. 

Bcdripsilver, 59. 

Bees, 42. 

Belawe, 106. 

Belplayder, 181. See Beuplet. 

Ben, 43. See Boons. 

Bene, 60. See Boons. 

Benerth, 194. 

Benesed, 25, 60. 

Bensington, 180. 

Berebrit, 103. 

Berkshire, 47, 124, 155, 156, 170, 181, 

193, IO -4- 

Bernes, 196. 

Bestnaweger, 143. 

Beuplet, 180, 181, 182. See Bel- 
playder and Pulchre placitari. 

Beverley, 132. 

Bickton, 105. 

Bicktonsilver, 105. 

Bindinglond, 8. 

Biresilver, 105. 

Bleadon, 33, 55, 70, 103, 104, 195. 

Boistagium, 113, 142. 

Bollestrode, 175. 

Bolton, 136. 

Boons, 23, 43, 48, 49, 55, 59, 60, 70, 
105, 172. See Ben and Bene. 

Booting corn, 105. 

Borchsilver, 166. 

Boreupeny, 172. 

Borgh, borgha, 171. 

Borghalpeny, 172. 

Borghesealdor, 171. 

Borghesealdorpeni, 166, 171 • 

Bornewing, 172. 

Bornpene, 171. 

Bornsilver, 166, 170. 

B or silver, 171. 

Bortreming, 107, 171. 

Bortremium, 172. 

Zfos-m^-, 76, 77. 

Bosingsilver, 76, 77. 

Bos silver, 76, 77. 

Botes, 84. 

Bol/isilver, 146. 

Braciandum, Ad, 36. See Maltsilver. 

Br ad e was, 100. 

Brakemol, 40. 

Brancester, 192. 

Brandon, 158. 

Brawby, 99. 

Braybotpeni, 105. 

Bread ales, 150. 

Bread rents, 22, 24, 191. 

Brechegavel, 47, 84. 

Breches, 84. 

Jhcdsillver, 40. 
Bredwite, 40. 

Brcmcgavol, 44. 



Breteuil, 182, 183. 

Breweresteresgeld, 35 . 

Brewingsilver, 35. 

Bridales, 150. 

Bridges, 134, 137, *3 8 - 

Briggebot, 140. 

Briggeward, 137. 

Brigham, 76. 

Brightwaltham, see Brithwolton. 

Brithwolton, 78, 101, 176, 195. 

Broughton, 192. 

Browernesilver, 106. 

Buckinghamshire, 87, 105, 116, 122, 

124, 132, 147. !4 8 > *49> 155. I 7- 1 i 

181, 182, 183, 194. 
Budellond, 103. 
Bulleatores, 40. 
Bullockpenny, 76. 
Bullocksilver, 76. 
Burgabulum, 85 «. 
Burton, 31, 34, 73, 97. 9 8 > i7°> i7*« 
Burwell, 45, 179. 
Bury St. Edmunds, 10, 27, 45, 55, 59, 

62,66, 70, 74, 76, 82,91, 102, 103, 

158, 171, 174. See St. Edmund's. 
Busagium, 76, 77, 81. 
Bnstsilver, 142. 
Butlerage, 143. 
Bydales, 150. 
By scot, 106. 



Cablish, 143. 
Cadendon, 45, 199. 
Cain fowls, 15, 30. 
Cambridge, 62, 105, 132, 140. 
Cambridgeshire, 50, 57, 66, 74, 77, 82, 

93, 105, 107, 116, 117, 118, 124, 

128, 132, 137, 140, 163, 164, 171, 

177, 181, 184. 
Can, 15. 
Canage, 30. 
Candelam, Ad, 42, 109, 192. See Ad 

luminare. 
Candelcom, 27. 
Ca?idelwekesilver, 192. 
Caniso, William de, 160. 
Canterbury, 53, 58, 66, 81, 200. 
Capitagium, see Chevage. 
Carriage, see Carting. 
Cartbote, 84. 
Carting rents and services, 27, 34, 39, 

49, 6osqq., 65, 66, 77, 103, ill, 

143, x 49- 
Castellani, 150. See Constables. 

Castle, 131, 149, 150. 

Castle guard, 120, 131. 

Censar', 106. 

Census, 42, 46, 49, 95, 106, 186. 

Certedon, 179. 



INDEX 



209 



Cert money, 168. 

Cerius redditus, 54, 168, 170. Rents 
de certo, 169; in certo, 195; ad cer- 
ium, 7, 63, 143, 168, 172, 186, 201. 

Chadlington Wahull, 179. 

Chatteris, 139. 

Cheeselonds, 8. 

Cheminagium, 143 sqq. See Chimi- 
nage. 

Chepsester, 39. 

Cheriset, 195. See Churchscot. 

Chesgavel, 44. 

Cheshire, 79, 182. 

Chevage, 157, 162, 166 sqq. See Capi- 
tagium and Headpenny. 

Childwite, 86, 90. 

Chiminage, 149. See Cheminagium. 

Chingford, 135. 

Chircheambre, 196. 

Chircheomer, 196. 

Chirchesed, 196. 

Christ Church, 27, 28, 32, 42 ; Hants, 

195- 
Christmas present, 30. See Lok. 

Church ales, 150. 
Church rents, 6, 188 sqq. 
Churchscot, 22, 23, 32, 44, 188, 
193 sqq., 195. See ciricsceott, and 
Cheriset. 
Churchseed, 196. 

Churshaec, 194. See Churchscot. 
Ciric sceott, 73. See Churchscot and 

cyricsceat. 
Cistercians, 189. 
Clera, 46. 
Clerk ales, 150. 
Clifton hundred, 126. 
Cloth rent, 191. 
Clyffsilver, 106. 
Coidars, 148. 
Colchester, 62, III. 
Collectae, 197. 
Collingham, 95. 

Collyngsilver, 53. 

Coimnorth, Commortha, 123, 150 n. 
Commutation, 7, 15, 32, 33,42, 46,47, 
48 sqq., 59, 157, pass. 

Confraria, 197. 

Consuetudines Jirmae, 19, jo. 

Consuetudines minute, 6, 196. 

Consuetudines non taxatae-, 87. 

Consuetudo, 104, 125, 

Consuetudo prebende, 193. 

Consuetudo S. Petri, 107. 

Consuetudo Wodiarorum, 53. 

Constable, 39, 148, 149, 150, 195. See 
CastellanL 

Conveth, 15. 

Conveyes, conyeyes, 33. 

Cornagium, 41, 120 sqq. 
c. R. 



Combote, 25, 26, 28. 

Cornegavell, 44. 

Com/ode, 65. 

Cornwall, 106, 147. 

Coisetlescorn, 23. 

Coupenny, 76. 

Courtegere, 65. 

Court haver, 29. 

Court oies, 29. 

Covenholt, 176. 

Coventry, 53. 

Cranfield, 45, 177, 184. 

Craueselver, 106. 

Craven, 132. 

Craweselver, 106. 

Crondal, 58, 109, 195. 

Crowland, 126, 129. 

Culsilver, 77, 192. 

Cumberland, 120. 

Cumeling, 174. 

Cunninghale, 151. 

Cupeny, 76. See Cusilver. 

Cusilver, 76, 77. See Cupeny. 

Customary aid, see Tallage. 

Custos discorum, 107. 

Custos ville, 90, 100. 

Custuma, 187. 

Custumpand, 91, 107, 109, 185, 186. 

Cyricsceat, 196. See Churchscot. 

Cyricsceat weorc, 194. 

Danegeld, 119. 

Danger, 74, 75. 

Dartmoor, 76. 

Daverpennies, 64. See Averpennies. 

Daynae manuales, 103. 

Decenna, see Tithing. 

Decenna, De, 166, 170. See Tithing- 

penny. 
Decennarius, 102, 159, 167. 
Deiwercas, 8. 
Demesne, 10, 11, 12, 18, 19, 60, 71, 95, 

128, 152, 190, 196. 
Denarius S. Petri, 198. See Peter V 

Pence. 
Dengmarsh, 54. 
Denus denarius, 193. 
Derbyshire, 124, 155, 172, 181, 183. 
Dereham, 102, 103. 
Devizes, 132. 
Devonshire, 106, 108, 117, 124, 126, 

T 45> H 8 , i55» *5 6 / I 7 6 » l82 - 
Dichreve, 101, 102. 
Disci, 107. See Dishes. 
Dishes, Pent of, 191. See Dissilver. 
Dissilver, 107. 

Dissolution of Monasteries, 189. 
Dizenae, 193. 
Dodcorn, 29. 
Dominium of lord, 87. 



aio 



INDEX 



Donum, 32, 95, 102. 
Donum ad lardarium, 104. 
Donum vicecomitis, 124. 
Dorsetshire, 124, 126. 
Dortol, see Huctol. 
Dortr'nng, 107. 
Douereth, 20. 
Dover, 132. 
Dovraeth, 15, 20. 
Drayton, 23. 
Drifft' pullanorum, 79. 
Drofmannus, 79. 
Drove, 79. 
Droveland, 79. 
Dunham, 57. 
Durha 

60, 

104, 

193. 197- 



iham, 57. 

ham, 19, 28, 29, 37, 38, 41, 53, 54, 
D, 63, 64, 65, 78, 89, 96, 100, 101, 
34, 120, 144, 146, 173, 174, 192, 



East Anglia, 43, 44, 47, 56, 84, 106, 
in, 112, 194. 

Easter ales, 1 50. 

Edernewech, 50. See Hedernewech. 

Eels, 35. 

Elemosina carucarum, 190. 

El silver. 107. 

Elton, 36, 41, 179. 

Ely, 8, 10, 12, 25, 26, 34, 36, 41, 43, 
45, 4 8 , 50. 5 1 . 52, 53, 55, 57>5 8 > 6o , 
62 , 63, 73, 76, 77, 8if 82, 89, 96, 97, 
102, 103, 106, 107, 112, 128, 132, 

J 33, 139, 140, 145, 157. J 59, l68 , 

173, 174, 184, 185. 
Enfeoffment, see Assize. 
Enneston, 180. 
Erdintone, 159. 
Escapium , 79. 
Esctone, 95. 
Essex, 8, 46, 55, 62, 109, 124, 126, 

*35, 147, 166, 171, 172, 181, 184, 

185. 
Estovers, 30, 83. 
Ewelme hundred, 180. 
Eyre of forest, 143, 186. 
Ey silver, 23. 
Exennium, 30, 32, 53. 
Exennium Archiepiscopi, 32. 
Exennium S. Andree, 28, 32. 
Exeter, 95. 
Exitus manerii, 196. 
Extranei, 175. 



Fairs, 131, 136. 
Ealconers' rent, 19. 
Faldage, 71, 8osqq., 87, 98. 
faldgabul, 80. 
Faldicium, 81. 



Faldrovc, 76, 79. 

Farm system, 7, 16, 18, 22, 41, 42, 64, 
100, 102, 119, 121, 124, 131, 147, 

148, 156, 179, 191. 

Farm of the county, 16, 119, 126, 148. 

Farm of hundred, 119, 147, 148. 

Farm of St. Edmund, 17. 

Farm of St. Etheldreda, 17. 

Farm of vill, 119. 

Farms, monastic, 16. 

Fastung, 148. 

Feeding horses and dogs, 2, 19, 20, 129. 

See Hunting. 
Felisonunshale, 152. See Filsunales. 
Felsten, 103, 107. 
Feltwell, 76. 
Feoderfe, 107. 
Feorm, see farm. 
Fermfultum, 17. 
Fermiping, 18. 
Fermpenes, 18. 
Ferry, 139, 140. 
Ferthing, 107. 
Ferthingsilver, 107. 
Festingmenn, 148. 
Ffelstne, 107. 
Fieldale, 150, 152. 
Field hay ward, 103. 
Filsinerthes, 59. 
Filsingerthes, 43. 
Filsing services, 70. 
Filstingpound, see Fulstingpound. 
Filstinpund, see Fulstingpound. 
Filstyngpound, see Fulstingpouna. 
Filsunales. 150. See Felisonunshale. 
Fine for ingress, 89. 
Fines or amercements, 157, 162, 177. 

See Amercements. 
Fines ad certum, 157. 
Firebote, 84. 
Fireharth, 200, 201. 
Firma comitatus, see Farm of county. 
Firmarius, 23, 62, 130, 197, 199. 
Firme Glastonie, 17. 
Fisfe, 92. 
Fishfee, 33. 
Fishpene, 34. 
Fishsilver, 34. 
Flaxsilver, 41. 
Fleet, 31, 39, 40,96. 
Fleggavel, 44. 
Flexlonde, 42. 

Foddercorn, 23, 25, 26, 27, 107. 
Foodrents, i5sqq., 148 pass. 
Folding, see Faldage. 
Foregrist, 100. 
Forestagium, 144. 
Foresters, 20, 53, 102, 143, 144, 148, 

149, 150, 153. 
Forgabulurn, 44. 









INDEX 



211 



Forgium, 100. 

Forinsec burdens, II, 37, 116, 120, 179. 

Forisfactura de Belawe, 106. 

Forncett, 133. 

Forthdrove. 56, 79. 

Forthdrovesilver, 79. 

Forwach, 133, 158. 

Forzvard, 133. 

Foi~aardsilver, 133. 

Foselver, 108. 

Fosterlands, 18. 

Fotaver, 66. 

Foxalpeni, 108. 

Franciplegii, 165. 

Frankpledge, see View of. 

Fraria, 197. 

Frissilver, 166, 171. See Frithpenny. 

Fripeny, 171. See Frithpenny. 

Frisilver, 108. 

Frith, 171. 

Frithpenny, Frithsilver, 108, 166, 170, 

171. 
Fulstingpound, 52, 91, 107, no, 119, 

179, 186. 
Fultume, 18. 
Fumagizim, 35. 



Gabulo, De, 95. 

Gabulum, 32, 47, 49, 95, 103. 

Gabulum, Ad, 46. 

Gabulum assisum, 46. 

Gadercom, 28. 

Gaerswin, Gaerswyn, 68, 75, 82, 123. 

Gafol, 42, 46, 193. See Gabulum. 

Gafolerth, 55. See Gavolerth. 

Galunsilver, 38. 

Garsanese, 74. 

Gavelacres, 44. 

Gavelbere, 44. 

Gavelcoin, 44. 

Gaveles, 44. 

Gavelgeld, 44. 

Gavelkind, 28. See Gavolkind. 

Gavellate, 47. 

Gavelmanni, 64. See Gavolmanni. 

Gavelote, 44. 

Gavelsest, 44. 

Gavelsester, 39. 

Gaveltimber, 44. 

Gavelweikes, 59. 

Gavolbord, 44. 

Gavolerth, 43, 194. 

Gavolkind, 42. See Gavelkind. 

Gavolland, 42, 43, 47. 

Gavolmanni, Gavolmen, 8, 42, 44. See 

Gavelmanni. 
Gavolmerke, 44. 

Gavol ploughing, 103. See Gavolerth. 
Gavolrafter, 44. 



Gavolrep, 43. 

Gavolsed, gavolseed, 23,44, 60. 

Gavol services, 7°- 

Gavolswine , 69. 

Geldable land, 114 sqq., 1 16. See Terra 

Geldabilis. 
Geldagium, 130. 
Gellicorn, 29. 
Geresgive, 31. 
Gershenese, 68. 
Gersuma, 86. 
Gevesilver, 31. 
Ghestum, 33. 
Girton, So, 152. 
Glastonbury, 32, 33, 37, 39, 45, 46, 47, 

4 8 > 52, 53, 54, 5§, 7°. 75. 81, 82, 97, 

101, 102, 103, 117, 136, 151, 173, 

194, 198. 
Glatton, 74, 107. 
Glintone, 192. 
Gloucester, 21, 34, 46, 47, 48, 54, 72, 

8 7, 9 1 , 97, io 9> II2 , IX 3> 128, 130, 

*94, 197, *99- 
Gloucester, Earl of, n8, 126, 128, 144, 

163, 164, 179. 
Gloucestershire, 51, 59, 74, 79, 147, 

170, 171, 194. 
Goddingstiche, 103. 
Goveles, 44, 70. 
Govelwerkes, 43. 

Grain rents, 21 sqq., 143, 149, 194. 
Grantesdon, 63. 

Graserth, 9, 55, 59, 68, 69, 70, 194. 
Grasherthe, 71. 
Grashurde, 70. 
Gravesend, 64. 
Great Tey, 112. 
Greenbury, 108, 109. 
Greensilver, 108, 109, 
Gresenese, 69. 
Greserthes, 43. 
Gressemen, 174. 
Greslakes, 74. 
Grippure, 108. 
Gryvespound, 108. 
Guildford, 44. 
Gwele, 123. 
Gwesta, 15, 33. 
Gystales, 150, 151. 



Hadleigh, 186. 

Haleday toll, 1 46. 

Halew, 84. 

Halliwimen, 173. 

Hameldene, Alexander, 147, 182. 

Hammes, 104. 

Hampshire, 58, 194, 195. 

Hams, 80. 

Hanbury, 17. 



P 3 



213 



INDEX 



Hangerlond, 84. 

Hanger londsilver, 84. 

Harengsilver, Haringsilver, 34. 

Hartest, 34. 

Hatfield, 18. 

Havedscot, 166. See Chevage. 

Hdwgafol, 45, 84. 

Hawkston, 63. 

Haworthsylver, 108. 

Headpenny, 166, 170. See Chevage. 

Hea?-thpenny, 200, 201. 

Hearthyield, 201. 

Hecham, 26. 

Hedercom, 27. 

Hedernewech, 50, 137. See Ederne- 

weck. 
Hedgeboie, 57, 83. 
Hefdsulver, 170. See Chevage. 
Heggingsilver, 56, 83. 
Heggingwoodsilver, 26. 
Hemingford Abbots, 84. 
Hensinton, 144. 
Hensyeve, 195. 
Herbage, 68, 71, 75 sqq., 82. 
Herdershift, 82. 
Hereford, 182. 

Herefordshire, 74, 124, 148, 183. 
Heregeat, 86. 
Heringlode, 33. 
Heringsilver, 33. 
Heriot, 86 sqq., 96. 
Hertfordshire, 90, 124, 138, 155, 177. 
Hertlebury, 55. 

Hethernewech, 50. See Hedernewech. 
Hetherste, 158. 
Heuschire, 84. 
Heusire, 84, 85. 
Hexham, 28, 37, 99, ill, 197. 
Heybote, 57, 83. 
Heyningsilver, 56. 
Heyningwode, 83. 
Heynwode, 57. 

Heynwodeselver, 26, 51, 56, 57, 83. 
#i'<%vr, 115 sqq., 121, 122, 133, 179, 

180, 181, 183. 
Hidam, Extra, 115, 120. 
Hidarii, 23. 
Highgabull, 85. 
Hilderselver, 57. 
Hill lands, 9. 
Hinderselver, 108. 
Hirdelpenny, 57. 
Hired carters, 60. 
Hirmannus, 191. 
Hirsill, 78. 
Hirstingston hundred, Free hides of, 

"3. 139. H 2 - 
Hock Tuesday, 105. 
Hocselver, 105, 108. 
Hogae, 40. 



Hognell rent, 108. 

Holy ales, 150. 

Honilonds, 8. 

Honey silver, 41. 

Hoplands, 8. 

Hoppgavei ', 44. 

Hbrderesyft, 108. 

Horloch, 95. 

Hornagium, 120. 

Horngeld, 120. 

Horsavers, 66. 

Horseacre, 66. 

Horsgabulum, 44, 66. 

Hospitallers, 142, 150, 163, 175, 176, 

189, 197. 
Housebote, 53, 65, 83. 
Housektre, 85. 
Huctol et Dortol, 146. 
Hulvir, 108. 
Hundred, 27, 118, 127, 129, 144, I47r 

155, 166, 181, pass. 
Hundred Aid, 126, 129 sqq. 
Hundred ale, 152. 
Hundredarii, 129, 156, 159. 
Hundredfe, 130. 
Hundredfey, 130. 
Hundredgeld, 129. 
Hundredlands, 158. 
Hundredpeny, 130. 
Hundredscot, 129, 130, 161, 162. 
Hundredsilver , 129, 130. 
Hundredwite, 130. 
Hunninggabulum, 44. 
Hunteneselver, 20, 112. 
Hunthield, 112. 
Hunting, 16, 19, 20, 109, 112, 129, 

195- 
Huntingdon, 85, 145. 
Huntingdonshire, 69, 84, 87, 116, 117, 

124, 130, 163, 164, 170, 177, 181, 

183, 184. 
Hurtpeni, 201. 
Hnsebondi, 28, 168, 186. 
Husegabell, 85. 
Hus silver, 85. 
Hydarii, 24. 
Hyndergeld, 20, 108. 

Innedge, 80. 
Innynge, 80. 
Insute, 109. 
Inwards, 67. 
Ipswich, 62. 
Ireland, 182. 



Judicialia, 35, 176, 183. 
Juga servilia vel averagia, 64. 



t 

a; 
t 
1 
1 



INDEX 



213 



Kaiage, 143. 

Keletol, 143. 

Kemersh rent, 109. 

Kenesworth, 23, 199. 

Kent, 8, 34, 38, 42, 44, 45, 47, 52, 55, 

57,64,66,69, 74,79,81,84,89, 112, 
125, 127, 132, 147, I52, 155, I56, 
I58, l6o, l66, l8l. 

Kettering, 82, 161. 

Keyesilver, 104, 109, no. 

KilgK Hebogothion, 19. 

King's Barton, 31, 51, 59, 60, 71, 79, 

113- 
Kyn multure, 99. 

Lacsulfer, 78. 
Lactagium, 78. 
Ladas, 63. 
Lades, 66. 
Lagehundreds, 135. 
Lagerthes, 59. 
Laghedays, 161. 
Lak, 29, 30. See Loc. 
Lambale, 150, 152. 
Lamb pent, 81. 
Lamgabulum, 81. 
Lamgafol, 42 , 44. 
Lammessilvcr, 103. 
Lamselvcr, 42, 81. 
Lanam, Ad, 41. 
Lancashire, 78, 151, 183, 
Lancectagium, 10. 
Landavese, 45, 46. 
Landcheap, 46. 
Landchere , 45. 
Landgabulum, 95. 
Landgafol, 45, 46, 84. 
Landgavel, 41. 
Landlesemen, 174. 
Landmale, 46. 
Landselver, 45. 
Langerode, 62. 
Langhsester, 39. 
Langol, 46. 

Lardarium, Ad, 32, 58. See Larder- 
silver. 
Lardersilver, Lardresilver, 32, 58. 
Law of riding, 73. 
Leafyield, 74. 
Leavesilver, 74. 
Lecti, 123. 
Leet ales, 150, 152. 
Leirwite, 86, 87, 90. 
Leppe and Lasse, 109. 
Lesselver, 78. 
Lestage, 143. 
Lestire, Robert de, 140. 
Letefe, 162. 
Leuknor hundred, 180. 



Leverington, 77. 

Lewes, 32, 69. 

Lichfield, 72, 171. See Coventry. 

Lincoln, 142, 180. 

Lincolnshire, 87, 112, 124, 127, 128, 

I3 2 . x 3 8 > l 4°> I 4 I » *47> J 4 8 > lSl - 
Light scot, 188, 192. 
Lightsilver, 109. 
Lignagium, 53. 
Lignarius, 101. 
Linum, 42. 
Littlebury, 55. 
Littleport, 63. 
Littleton, 54, 199. 
Loc, lok, 30, 31, 32, 41. 
Lodesilver, 63. 
Lodland, 8. 
Loksilver, 31, 32. 
Londgavel, 45. 

London, 60, 62, 63, 64, 66, 152, 155. 
Londonelode, 63. 
Londonepeny , 63. 
Lookmete, 31. 
Loretsilver, 109. 
Lumitiare, Ad, 42, 192. See ^4</ Can* 

delam. 
Lyngmole, 54. 
Lyngpeny, 54. 
Lythsilver, 109. 



Macclesfield, 183. 

Ms/, 42, 43. See Mol. 

Maldon, 97. 

Mailing, 45. 

Maltgavel, 38, 44. 

Maltlands, 8. 

Maltpenny, maltpennies, 37, 38. 

Malt petty s, 29. 

Maltscot, 38. 

Maltsilver, 97. See Ad Braciandutn. 

Maltyngsilver, 35. 

Mancorn, 196. 

Manesef, 56. 

Manorial offices, 10, 87, 98, 101, 103. 

Manure, 54. 

Marcselver, 91, 106, 107, 109, 185, 186. 

Market tolls, 146. 

Marleberg Castle, 149. 

Marling feasts, 151. 

Martinrent , 195. 

Master s rent, 1 1 o. 

Meadow rents, 55. 

Medgavol, 47. 

Medsilver, 84. 

Medsipe, 56. 

Medwesilver, 56, 84. 

Melderfe, no. 

Melgabulttm, 44. 

Mensurage, 143. 



214 



INDEX 



Merchet, 33, 73, 87, 89 sqq., 93, 9 6 > 

101, 105. 
Mescingam , Ad, 23, 41. 
Messing silver, 23. 
Messor, 28, 50, 87, 137, 147. 
Mesyngpcny, 41. 
Metecorn, 27. 
Mctegafol, 24, 41. 
Met ret h, 123. 
Metrez, 123. 

Metride, 41, 42, 122, 124. 
Metsung, 23. 
Miehilmeth, 31. 

Mid ford, hundred and half hundred, 158. 
Midsummer ales, 150. 

Mill, 87, 98. 

Mill pond, 58, 99. 

Mill stones, 65, 99. 

Miscellaneous refits, 105 sqq. 

Misericordiae, 191. 

Mite silver, 38. 

yJ/c/, 47, 50. See •#/«/. 

Moleland, 96. 

Molland, 40. 

Molmen, 9, 10, 26, 28, 51, 96, 102, 103. 

Molt a, 99. 

Moltura, 99. 

Monkgeld, 93. 

Monks' tallage, 93. 

Morgabulum, 47. 

Motfech, 134, 162. 

Mothow, Le, 40. 

Mowet silver, no. 

Moygne, William le, 140. 

Multure, 98. 99. 

Murage, 141 sqq. 

Murdrum, 154, 186. 



Nastok, 45. 

Net silver, no. 

Newton, 63. 

Newyeresgive, 31. 

Nocata, 101. 

Nodway money, 1 1 o. 

Norfolk, 9, 50, 51, 55, 57, 76, 78, 81, 82, 

8 3, 85, 87, 90, no, 124, 125, 126, 

J3Q, 132, 14 2 , i5 8 » J 62, 170, 185. 
Northampton, 132. 
Northamptonshire, 124, 125, 126, 132, 

149, 181, 183. 
Northfleet, 64. 

Northgrenehow hundred, 113, 142. 
Northumberland, 73, 74, 89, 120. 
Northwold, 63. 
Norton, 23, 199. 

Norwich, 18, 27, 50, 82, 96, 132. 
Nottingham, 139. 
Nottinghamshire, 124, 137, 148, 174, 

181, 183. 



Noutegeld, 120. 
Nut silver, 54. 

Offare, 89. 

On/are, 89. 

Ongiell, 112. 

Onyeld, 112. 

Onziell, 112. 

Opera vendita, 49. 

Ostensio, 146. 

Ouse river, 145. 

Outlads, 64. 

Outwards, 67. 

Oven, 98, 100. 

Overgongmid'das, 40. 

Oxfoldgable, 80. 

Oxfordshire, 69, 72, 76, 87, 116, 118, 

119, 124, 132, 149, 164, 180, 183, 

194, 196. 
Oxpeni, 76, 77. 

Paagium, 141. 

Pacagium, 146. 

Padehale, 180. 

Pakenham, 107. 

Palefridus vicecomitis, 125, 129. 

Palfrey, ill. 

Pa?inage, 52, 68, 69, 71 sqq., 98, 103, 
152. 

Parkselver, 58. 

Parrock, 152. 

Parva Trewe, 144. 

Passage, 137, 143, 145. 

Passagium. See Passage. 

Pasture, 7, 32, 38, 42, 56, 68 sqq., 106, 
120, 138. 

Pavage, pavagium, 141. 

Paxford, 93. 

Pedagium, 145. 

Penilond, 92. 

Pennies of the sheriff, 128. 

Penny de advocaria, 177. 

Penygavelland, 44. 

Perquisitae curiarum, 161. 

Perquisites of sheriffs, 124. 

Pesage, 143. 

Peterborough, 24, 34, 36, 76, 95, 107, 
128, 167, 168, 191, 192, 193. 

Peter's Pence, 188, 196, 197 sqq. 

Phishesilver, 34. See Fishsilver. 

Pidington, 39, 71. 

Pightel, 168. 

Pihtesle, 95. 

Pikagium, 146. 

Pincrecheycld, no. 

Pisces emendos, Ad, 33, 34. See Fish- 
silver. 

Placitnndo pro pulchre, 161, 170, 180, 
181. See Beuplet. 






INDEX 



215 



7 'lacilari pro pulch re, 180. 

Ploualmes, 190. 

Ploughalms, 188, 190, 192. 

Ploughbote, 84. 

Ploughing rents, 55. 

Ploughshare rents, 112. 

Ploughsilver, 192. 

Pocarii, 10, 174. 

Pokearii, 10. See Pocarii. 

Pokeavers, 66, 102, 174. See Pocarii. 

Pontage, 122, 137 sqq. 

Poperode, 62. 

Potura, 152. 

Poultry rents, 21 sqq., 143, 149, 191, 

194. 195- 
Poundpam, 58. 
Poundsilver, 58, 186. 
Present, Le, 32. 
Presentum, 32. 
Pridgavel, 44. 
Prisage, 143. 
Prises of beadles, 124. 
Prison, 149. See Suete de Prison. 
Privileges of office, 102 sqq. 
Profits of jurisdiction, 157 sqq. 
Progresses, 15. 
Provisions of Oxford, 126. 
Pro visu payments, 162, 166, 170. 

See View. 
Pukerelleschild, 92, no. 
Pulham, 55. 
Punderland, 104. 
Punderus, 101, 104. 
Pundpani, 58. 
Pundscot, no, 185. 
Purveyance rents, 7, 15, 125, 129, 

14S. 
Putura, 152. 

Quarterage, 143. 

Radbodispund, 110. 

Rades, 66. 

Raglots, 129, 148. 

Ramsey, 12, 17, 25, 34, 36, 38, 39, 41, 
4 2 > 5 1 , 5 2 > 5 6 > 5 8 , 6 °. 6l , 62 > 6 9, 7 1 , 
73. 77» 8o » 82 > 8 4» 93, 97, 99, I0 4> 
107, 113, 116, 117, 127, 130, 136, 
139, 142, 152, 163, 164, 177, 179, 
180, 181, 183, 184, 190, 191, 192, 
197, 198. 

Rattlesdene, 45. 

Recognition rent, 33, 170. 

Redditus assise, 6-7, 40, 46. 

Redditus census, 109. 

Redditus mutabiles, 7, 55. 

Reek hens, 30. 

Reeve ad bertona, 102. 

Reeve ad castrum, 102. 



Reeve ad colligendum redditum, 102. 

Reeveland, 104. See Reveland. 

Refhammes, 104. 

Relief, 86. 

Renewing of pledges, 166, 170, 171. 

Rent eggs, 28. 

Rent hens, 28. 

Repegos, 56. 

Repselver, 55. 

Resting geld, 78. 

Restingwode, 56. 

Retropannage, 73, 143, 149. 

Revekeye, 104, 109, no. 

Reveland, 10. See Reeveland. 

Revemede, 104. 

Revesgore, 104. 

Rhuddlan, 182. 

Richmond, 128, 132. 

Riding foresters, 153. 

Riding men, 73. 

Ringilds, 148. 

Ripple, 93. 

Ritnesse, De, 43. 

Rivage, 143. 

Rochester, 28, 32, 56, 64, 95, 101, 132, 

138. 
Rockingham, 132. 
Rodgavel, 44. 
Rollesby, 18, 54. 
Romescot, 197, 200, 201. See Peters 

Penny. 
Rook boy, 106. 
Roserye, 58. 

Royal Buildings, 142, 150. 
Royal rents, 6, 7, 8, 113, 114 sqq. 
Rudford, 54. 
Rudmanni, 159. 
Ruschewsylver, no. 
' Rustic work,' 19. 
Rutland, 149. 

Saddlesilver , no, ill. 

St. Albans, 62, 155. 

St. Andrew's, Rochester, 17, 42. See 

Kent. 
St. Augustine's, 27, 194, 200. See 

Kent. 
St. Botulph, 142. 
St. Edmund's, 31, 34, 63, 69, 77, 106, 

107, 109, 112, 147, 158, 186, 191. 

See Bury. 
Saintgelicon, 29. 
St. Ives, 80, 127, 136, 191. 
St. Neots, 52. 
St. Oswald, 73. 
St. Paul's, 12, 17, 34, 36, 38, 39, 41, 

4 2 > 45, 5 1 , 55, 58, 62, 66, 73, 76, 

94, 95, 100, 116, 130, 134, 150, 167, 

192, 193, 196, 199. 
Sale of grain, 65. 



ai6 



INDEX 



Salt, 65. ■ 
Saltford, 179. 
Salt lands, 8. 
Salt marshes, 40. 
Salt rents, 39, 40. 
Saltsilver, 40. 
Sandgavel, 44. 
Sandun, 36. 
Sarlond, 55. 

Sarpenni, 55. See Sharpenny. 
Sarum, Old, 132. 
Scap, in. 
.SV-a^, 28, 29. 
Scatavena, 29. 
Scatbraseum , 29. 
Scatehaver, 29. 
Scatfarina, 29. 
Scatfrumentum, 29. 
Scatmalt, 29, 38. 
Scatpenys, 28. 
Scavage, 146. 
Sceawyn, 146. 

Scharpani, 55. See Sharpenny. 
Schepersulfer ; in. 
Schepsilver, 82. 
Schirefore, 62. 
Schrebgavol, in. 
Sckydselver, ill. 
Scorfe, 112. 
Scorfee, in. 
.SVoi', 95. 

Scotales, 32, 38, 150 sqq. 
Scot and lot, 116. 
Scrud, 191. 

Scrudland, 18, III, 191. 
Scutage, 87 note, 95, 132, 133. 
Scythale, 152. 

/V0 j^/i'j rents, 157 sqq. See Suits. 
Sedbede, 27. 

Seed rents, 23, 25, 44, 60. 
Seesilver, sesilver, 52, 62, in, 
Sefare, 52, 62, m. 
Seggcsilver, 57. 
Segsilver, 57. 
Selfods, 173. 
Semen villanorum, 23. 
Separacione agnorum, Rent de, 82. 
Seracras, 8, 55. 

Serlonds, 8, 12. See Sharland. 
Sesilver, see Seesilver. 
Severn, river, 134. 
Shack, 83. 

Sharland, 54. See Serlonds. 
Sharnselver, 54. 

Sharpenny, 8, 54. See Sarpenni', Schar- 
pani. 
Sharsilver, 55. 
Sheep, 22, 56. 
Shelford, 58. 
S/iepestak'e, 74, 82. 



Shepsilver, 62. 

Sheriff, 139, 140, 147, 148, 150, 164, 

165, 166, 181, 182, /<w. 
Sheriff's aid, 122, 158. See Auxilium 

Vicecomitis. 
Sheriff's farm, 121. 

Sheriff's tourn, 118, 124, 125, 126, 129, 
130, 149, 155, 160, 161, 163, 165, 
176,181. See Ad turnum. 
Shernsilver, 54, 
Sherntrede, 55. 
Sherreveselver, 125. 
She silver, in. 
Shipdham, 158. 
Shirepenny, 159. 
Shirevesyelde, 125. 
Shirrevescot ', shirreveschot, 125, 126. 
Shirreveswelcome, 124, 126. 
Shitlingdon, 36, 61, 99, 178, 184. 
.S'-W, 152. 

Shropshire, 73, 134, 148, 162. 
Sithpeni, 56. 
Sixtepeni, 159. 
Sixtepeny, 159. 
Sixtihepany, 159. 
Smithland, 104. 
Smokepenny, 200, 201, 
Smokesilver, 201, 
Snotteringsilver, in. 
Soca faldae, 80. See Faldage. 
Solotialmes , 191. 
Somerlode, 51. 
Somersetshire, 74, no, 130, 160, 194. 

Somersham, 53, 63, 185. 
Soulesilver, 193. 

Soulscut, 188, 192, 193. 

Southampton, 80, 171. 

Southfleet, 64. 

Spelsbury, 164. 

Spenningfe, 1 1 r . 

Splotgabulum, 78. 

Stabilitio venationis, 19. 

Staffordshire, 74, 130, 156, 166, 182. 

Stallagium, 146. 

Stangeld, 141. 

Rents on Status, 86 sqq. 

Stedegabol, 85. 

Stoke, 17, 194. 

Storefe, 112. 

Stratham, 63, 159, 

Stremtol, 143. 

Stretcward, 131, 134. 

.SVkc/j, 87, 97, 98. 

6VW, 97. 

Studewerk, 9. 

Suete de prison, 109. 

Suffolk, 37, 42, 45, 50, 57, 63, 77, 83, 
87, 90, 124, 125, 147, 160, 172, 184, 
186. 

Suitlands. 12. 



INDEX 



217 



Suits, 122, 126, 129, 152, 154, 156, 

157 sqq., 186. 
Suit silver, 109. 
Sulhaeltnessan, 190. 
Sullmen, 82. 
Sulsilver, 112, 191. 
Sulstiche, 103. 
Sumerewodesilver, 51. 
Summagium, 61. 
Summer housesilver, 52. 
Surrey, 68, 94, 194. 
Sussex, 44, 68, 124, 177, 181. 
Sutton, Middlesex, 95, 199. 
Sutton, Warwickshire, 20, 88, 101, 104, 

195- 
Sutton silver, 112. 

Swaffliam, 25, 58. 

Swainmote, 72. 

Swarf money , 200, 201. 

Swinescead, 73. 

Sylva caedua, 190. 

Synodaticum, 188, 196, 197. 

Synods, 197. 

Syrapeni, 159. 

Tace, 73. 

Tak' porcorum, 74. 

Tallage, 68, 74, 86, 90 sqq., 93, 96, no, 

186. See Auxilium. 
Tangavel, 44. 
Teinton, 179. 

Templars, 32, 139, 163, 175, 177, 189. 
Tenants' ales, 150, 151. 

Tengavel, 44. 

Tenserie, 106. 

Teoloneum nundinarum, 146. 

Terra de corde comitatus, 1 54. 

Terra de corpore comitatus, 154. 

Terra eleemosinata, 116, 128. 

Terra geldabilis, n, 154. See Geldable 

land. 
Terra hydata, II. 
Terra sectabilis, 154. 

Thac, 70, 73, 74. 97- 

Thac et thol, 92. 

Thacsilver, 74. 

Thanet, 44. 

Thankacres, 43. 

Thankeacres. 60. 

Theginpeni, 170. See Tithingpenny. 

Thelford, 63. 

Theoloneum, 97. See Toll. 

Therfield, 36, 179. 

Thetinpeni, 170. See Tithingpenny. 

Thisteltake, this tie take, 79, 82. 

Thol, 73, 87, 92, 97. See Toll. 

Thorney, 25, 34, 51. 

Thorpe, 54. 

Thurctol, 144, 145. 

Thurghtol, 144. 



Tidwolditon, 199. 
Tischerton, 193. 
Tithes, 188 sqq. 

Tithing, 108, 126, 127, 159, 171, 172, 
174, 176, 183. 

Tithingpeni, 170. 

Tithingpenny, Tithingpeny, 161, 166, 
170. See De Decenna. 

Tolcester, 39. 

Tolkorn, 27. 

Toll, 73, 97, 102, 109, 142 sqq. 

Tolleray, 97. 

Tolls on sale, 96 sqq., 143. 

Toll tray, 97. 

Tolnetum buste navium, 142. 

Tolpot, 36, 39. 

Tolteray, 97. 

Tonnage, 143. 

Tonnutum, 68, 87, 97. 

Tor ef eld, 54. 

Tounebrigge, 139. 

Tourn, see Sherriff's tourn. 

Towirst, 112. 

Transition viae, 145. 

Transversum, 143, 145. 

Traverse, 145. 

Tronage, 143. 

Truncage, 142. 

Tunc pound, 15. 

Tunmannemers, 8r. 

Tunnus Census, 91, 106, 109, 185, 186. 

Turf dole, 54. 

Turfeld, 54. 

Turnum vicecomitis, Ad, 126. See Tur- 
nus vicecomitis and Sheriff's Tourn. 

Turnus vicecomitis, 160. See Auxi- 
lium ad turnum. 

Tygenpeni, 170. See Tithingpenny. 

Tyne, 39. 

Tynebrigge, 158. 

Tynemouth, 33, ill, 173. 

Tynewell, no. 

Tynpeni, 170. See Tithingpenny. 



Ulnage, ulnagium, 107, 113, 143. 

Unchield, 112. 

Undele, 191. 

Undersetles, 10, 173, 174, 195. 

Undersetli, 26, 49. 

Ungeld, 112. 

Unthield, 20, 112. 

Unyeld, 112. 



Veal money, 77. 
Vedfee, 86. 
Veremecom, 23. 
Vestimentum, Ad, 191. 
Vestitu monachorum, De, 18. 



218 



INDEX 



Viagium, 145. 
Victu monachorum, De, 18. 
View of frankpledge, 106, 1 15, I35> 
137, 160, 161, 162, 163, 165, 167, 

169, 174. i77> !79, i g 4- 
Vinevard, 59. See Wynyardsilver. 

Vokcpanni, 17. 

Wach, 136. 

Wakefe, 13 r. 

Walda, 78. 

Waldhirst, 191. 

Wales, 83, 182. 

Waleton, 95. 

Wallesilver, 41. 

Wallondes, 8. 

Wall work, 141. 

Walsingham Parva, 51, 54. 

Waltham, 46, 164. 

Wapentake fine, 187. 

Wara, De, 45. 

Ward, 131 sqq. 

Wardacres, 12. 

Wardpenny, 68, 121, 127, 131 sqq. 

Wardsilver, 131 sqq. 

Wardstaf, 135. 

Ware, De, 12. 

Waresilver, 112, 192. 

Warland, 12. 

Warwickshire, 124, 158. 

Washeyngpene, 56. 

Washingley, 31. 

Watcl silver, 57. 

Watertol, 143. 

Waulassum, 20. 

Waurocot, 112. 

Waurshot, 192. 

Waursilver, 112. 

Wax, 112, 192. 

Waxsilver, 42, 112. 

Waynselver, 63. 

' Ways of the hundred,' 134. 

Waytefe, 131. 

Waytinga, 31. 

Wdetale, 52. 

Weald, 69. 

Weddis, 60. 

Wedselver, 55. 

Weeding, 60, 113. 

Week work, 9, 48, 49 sqq., 59, 61. 

Weirs, 59. 

Welcom Abbatis, 33, m. 

Wellerelonedes, 40. 

Wells, 85. See Bath. 

Welsh laws, 104. 

Welsh rents, 15, 19, 30. 

Wenbote, 84. 

Wendi, 65. 

Wcnlonds, 65. 

Werkerthes, 9. 



Werketon, 192. 

Werklond, 96. 

Werkmen, 8. 

Wermintone, 191. 

Werthale, 56. 

Westmoreland, 120. 

West Riding, 197. 

Wetherale, 152. 

Wetherhales, 150. 

Wethersilver, 42, 82. 

Wexeden hundred, 181. 

Weypeny, 144. 

Wharfage, 143. 

Whitehartsilver, 1 12. 

Whitley, 33. 

Whit son farthings, 107, 108, 112. 

Whitsunales, 150. 

Whytepund, 184. 

Wickam, 136. 

Wicumbe, 199. 

Wightfee, 113. 

Willesilver, 41. 

Wiltshire, 44, 73, 77, 124, 125, 126, 

132, 144, 171, 181, 194. 
Wimbledon, no. 
Winchester, 39, 46, 75, 80, 82, 95, 151. 

i5 2 » !94> *95> J 99- 
Windsor, 132, 142. 
Wine Services, 43, 70. 
Winewerkes, 43, 59. 
Winterhage, 70. 
Winyardsilver, 58. 
Wisbech, 77, 82, 107. 
Wistowe, 34, 84, 191, 192. 
Witefe, 184. 
Witepont, 184. 

Witepund, 91, no, 113, 186. 
Wittene, 199. 
Wiveneweddinge, 60, 113. 
Woderast, 56. 
Wodefare, 51, 52. 
Wodegonge, 25. 
Wodehac, 53, 113, 127, 142. 
Wodelade, Woodlade, 63, 64. 
Wodeladepenny , 51. 
Wodelode, 53, 61, 65. 
Wodcricht, 26, 30, 52, 53. 
Wodevoel, 27. 

Wodewelleschot, 53, 113, 142. 
Wodladepenys, 64. 
Woldhyrst, 127. 
Wood rents, 51 sqq. 
Woodhen, 22, 25, 26, 53. 
Wood hew, 51. 
Woodhire, 51, 53. 
Woodhurst, 191. 
Woodlodepenny, 53. 
Woodpenny, 51. 
Woodsilver, 51, 53, 63. 
Woodstock, 125. 






INDEX 



219 



Woodward, 101, 103, 104. 

Woodwege, 52. 

Woodwerksilver, 51, 52. 

Woodwcye, 51. 

Woodwork, 113. See Boistagium. 

Wool, 41. 

Worcester, 17, 22, 23, 31, 33, 37, 39, 

4 2 > 47> 4§» 5 1 . 54> 5 8 , 73. 82, 92, 
97, 99, 100, in, 190, 194, 199, 200. 

Worcestershire, 193. 

Workland, 40. 

Worksilver , 50. 

Wratting, 26. 

Writtle, 108. 



Wroughsheryng, 55. 
Wye, 27, 64, 83, 108. 
Wynsilver, 58. 
Wytepanes, 184. 
Wytefeni, 184. 
Wytepenny, 184. 



Yare silver, 59. 
Yerdsilver, 113. 
Yolwayling, 31. 
y<?;-/£, 29, 38, 44, 54, 74, 85. 
Yorkshire, 66, 147, 172. 
Yulwayting, 31. 



OXFORD : HORACE HART, M.A. 
PRINTER TO THE UNIVERSITY 






,c9 












BINDING SECT. JUN 26 1973 



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UNIVERSITY OF TORONTO LIBRARY 



HC 
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.3 
S73 



Stenton, Frank Merry- 
Types of manorial 
structure in the northern 
Danelaw