be written of their Laws Customs and Usages than what hath been [1] f. 67.68 c. Of the Saxons and what the condition of the ordinary Saxons was before the Conquest said in the First part of that History yet seeing all men of the long Robe that do industriously write of or incidently meet with them when they write of other Things and in their Coments upon Magna Charta and some other Old Statutes do magnifie and cry up the Liberties and Freedom of the Ordinary People under the Saxon Kings to such a Degree as makes them all Petty Princes or at least Sharers in the Government and that the Common Historians do report the same things of them I shall from Authentic and undeniable proof out of Domesday Book shew them what Really their condition was before and after the Conquest Essex [2] Little Domesday Book which conteins only Essex Norfolk and Suffolk f. 1. b. Tâ—e same Sorts of men and of the same denomination before the Conquest as afterward Terra Regis Hundret de Berdestapla BEnflet Tenuit Haroldus Tempore Regis Edwardi pro uno Manerio pro octo Hidis modo Custodit hoc Manerium Ranulphus frater Ilgeri in Manu Regis Tunc xii Villani modo xxi semper vi Bordarii Tunc tres servi modo tres iij Carucatae in Dominio modo ij Tunc xi Carucae hominum modo v triginta acrae silvae Pastura 130 ovibus Dimidium Molendini c. Harold held Benflet in the time of King Edward for one Maner and Eight Hides now Ranulph Fitz-Ilger keeps it in the Kings hand Then that is in the time of King Edward there was twelve Villains now when the Survey or Domesday Book was made one and twenty There was always that is then and now 6 Bordars then three Servants and now three Three Carucates in Demeasn now two Then the men or Tenants had Eleven Ploughs or Eleven Plough-lands now Five Thirty Acres of Wood Pasture for 130 Sheep half a Mill c. Witham [3] Ibidem Tenuit Haroldus Tempore Regis Edwardi pro uno Manerio pro v. hidis modo custodit hoc Manerium in Manu Regis Petrus Vicecomes Tunc duae Carucatae in Dominio modo tres Tunc xxi Villani modo xv Tunc ix Bordarii modo x. Tunc sex servi modo ix Tunc xxxiii Sochemani modo similiter Tunc xviii Carucae Hominum modo vii haec perditio fuit Tempore Sueni Baignardi Vicecomitum per Mortem Bestiarum Harold held Witham in the time of King Edward for one Maner and for five Hides now Peter the Sheriff Keeps it in the Kings Hand Then there were two Carucates in Demeasn now three Then there were twenty one Villains now fifteen Then 9 Bordars now 10. Then six Servants now 9. Then there were three and twenty Socmen now the same number Then the men or Tenants had 18 Ploughs now 7. and this loss was in the time of Swain and Baynard the Sherifs and by the Death of Cattle Writelam tenuit [4] Ibid f. 5. a. â—hâ—lmesfort Hâ—nd Haroldus pro Manerio xvi Hidis Tempore Regis Edwardi Modo Rex Willielmus pro xiiii hidis Tunc C Villani tres minus post modo Lxxiii Tunc xxvi Bordarii post modo Lx. Tunc xxxiiii servi modo xviii c. Harold held Writel for a Maner and 16 Hides in the Time of King Edward Now King William possesseth it for 14 Hides Then there was an Hundred Villans wanting three afterward and now seventy three Then 26 Bordars afterward and now sixty Then 24 Servants now 18. Then 12 Carucates in Demeasn now 9. Then the Men or Tenents had sixty four Ploughs or Plough-lands Then this Maner yielded 10 Knights farm and 10 Pounds now it yields an hundred pounds by weight And thus are the Entries of the ordinary Inhabitants of all the Country Towns and Maners in this County they were Villans Bordars and Servants as well in Edward the Confessors and the Saxons Time as after the coming of the Normans They were people of the same Condition There are seldom to be found any Socmen and very rarely any Freemen in the Entries of this County In Norfolke there are many Freemen to be found and but few Socmen Norfulc [5] Ibid. f. 135. b. Terra Regis Hund. de Walesham IN Mothetuna tres liberi homines xxxvii acras Terrae quatuor acras dimid Prati dimid Carucat valet Duos Solidos viii d. In Motheton three Free-men hold thirty seven Acres of Land and four Acres and half of Meadow and 't is half a Carucate and the value of it is two Shillings eight pence or it pays so much In Bastwic 1 liber homo xxx acras Terrae duas Acras Prati dimid Carucat valet xvi d. In [6] Ibidem Bastwic one Freeman hath 30 Acres of Land and two Acres of Meadow and 't is half a Carucate and is worth or pays 16 d. In Martham [7] Ibidem Flec West Hund. The ordinary free men were under protection of great men Duo liberi homines unus Gert alter Haraldi Comendatus de Quadraginta Acris Terrae 6. Acris Prati Tunc 1 Caruc post modo dimid Tunc post quatuor sol modo 6 sol In Martham two Freemen one the Client or under the Protection of Gert he was Harolds Brother and the other of Harold held Forty Acres of Land and six Acres of Meadow Then one Carucate since and now but half a Carucate then and afterwards it was worth four shillings now six shillings In Clepesbes unus [8] Ibidem liber homo Gerti Comendatus Tempore Regis Edwardi de xx acr Terrae et quatuor acris prati et tres liberi homines sub Eo xvii acr Terrae tres Acr. prati semper 1 Carucat semper valuit ii Sol. vi d. in Censu Ormesbei In Clepesby one Freeman under the Protection of Gert. in the time of King Edward had twenty Acres of Land and four Acres of Meadow and three men under him had 17 Acres of Land and three Acres of Meadow it was always one Carucate and always paid 2 s. 6 d. Rent to the Maner of Ormesby In Clepesbes 1. liber [9] Ibidem homo Regis de xx Acr. Terrae semper dimid Car. tres Acr. Prati semper valet 2 s. in Wintertuna 1 liber homo de vii acr terrae In Clepesby one Freeman of the King hath twenty Acres of Land always half a Carucate it always paid 2 s. to the Maner of Winterton one Freeman there had 7 Acres In Borstuna [1] Ibid. f. 130. a. quatuor liberi homines Algari Tempore Regis Edwardi Commendati tantum de xl Acr. Terr 1 Bordár semper 1 Car. iii Acr. Prati In Borston four Freemen who were only under the Protection of Algar in the time of
T.R.E. praeter de quatuor Ulnod Estmunt Aluricus Wistricus Guert frater Haroldi habuit Commendationem de Duobus Man et Alviet Omnes alii erant commendati aliis Baronibus T.R.E. de uno habuit Antecessor Malet commendationem et Robert fil Wimari iiii et tamen semper Haroldus habebat Socam c. Harold held Bercolt in the time of King Edward and thirteen Carucates of Land for a Maner Then there were forty two Villanes now forty three Then five Bordars now twenty two then six Servants now four Then and afterwards three Carucates in Demeasn now two Then the Men or Tenents had twenty Carucates afterwards and now ten and 12 Acres of Meadow Wood for 1000 Hogs always one Mill always one Working Horse and ten young Cattle and twenty eight Hogs and eighty five Sheep and twenty six Goats To this Maner belongs one * A Hamlet or member of a Maner Berwite now I think called the Barrow or Berry Sceveley it was two Carucates of land in the time of King Edward Then there was ten Villans afterward and now six alway seven Bordars Then 4 Servants now two Then two Carucates in Demeasn afterwards and now one Then the Men or Tenents held eight Carucates afterwards and now four and sixteen Acres of Meadow and one Mill always one Working Horse and four young Beasts or Oxen and seven Hogs and twenty three Sheep Earl Guert held Bentley for two Carucates of Land in the time of King Edward afterward Earl Ralph Master of the Horse joyned it to this Maner as a Berwite or Berry in the time of King William Then there were nineteen Villanes upon it now thirteen always three Bordars Then four Servants Then two Carucates in Demeasn afterwards and now one Then the Tenents or men held viii Carucates or had eight ploughs afterwards and now one and eight ploughs between the Lord and * Note who Villains Villains may be set up again or eight Carucates renewed they had eight Acres of Meadow Wood to keep twelve Hogs and forty two sheep and paid vi d. Earl Guert held Scotley or Shotley There was two Carucates and half of Land and 1 Acre and it paid two * Probably it lay Wast pence for one Maner in the Time of King Edward Then there were xii Villans now six There was always two Bordars and Then four Servants now one Then two Carucates in Demeasn afterward and now one and there may be four Carucates again and four Acres of Meadow and one Working Horse and forty Sheep To this Maner there were appendant or regardant that is fixed to it in the time of King Edward two Hundred and ten Socmen now there are but one hundred and nineteen and they have two and twenty Carucates of Land and half wanting thirty Acres or and thirty Acres more or less And forty two Bordars Then there was Twenty nine Carucates now twenty seven and twenty four Acres and half of Meadow and two Churches with sixty two Acres Of these Men or Suitors or Tenents which were regardant or belonged to this Maner Qui huic Manerio * Remanentes pertinentes are always taken in the same sense remansi sunt Harold in the time of King Edward had the protection of only four Ulnod Estmunt Aluric and Wistric and Guert the Brother of Harold had the Protection of two Man and Alviet All the others were protected by or under the Patronage of other Barons in the time of King Edward The Predecessor of Malet had the protection of one and Robert the Son of Wimar had the protection of four and yet Harold always had the Soke or money paid for their protection c. Sudfulc [2] Ibid. f. 322. a. Gislingham c. IN Gislingheham tres liberi Homines de duobus habuit Ulvena Comendationem vii Acr. et dimid Car. et Val. xvi d. In eadem Duo liberi homines xxvi acr unus Comendatus Ulvenae nomine Colemanus cum vi acr Tunc dimid Car. modo * It was waste nichil et valuit iiii Sol. In eadem tenet Alviet liber homo Comendatus Alsio Nepoti comitis * Ralph de Guarder sometime Earl of Norfolk and Suffolk or the East Angles under the Conqueror and a Rebel against him Radulfi xxx acr pro Manerio T. R. E. Tunc 1 Car. modo nichil et 1 acr prati In eadem vi liberi homines Comendati Alviet xiii acr semper dimid Car. Tunc xx sol modo xii In eadem Ringulfus liber homo xxx acr pro 1 Maner Comendat Alsio Nepoti Comitis Radulfi Tunc 1 Car. modo nihil Ex hac Terra tenuit Lewinus filius Ringulfi iii Caruc quartam partem Silvae In eadem Quatuor liberi homines Comendati Ringulfo x acr et dimid Car. et iiii acr prati x porc Tunc valuit xx sol modo x. In eadem Beso liber homo xvi acr Comendatus Alsio Tunc et post 1 Car. modo nichil et valuit vi sol et viii d. Ex hac Terra tenuit Antecessor Aberici de Ver. v acr Rex et Comes de toto Socam In eadem 1 liber homo Soribes vi acr Comendatus Ulvenae et valuit xii d. In eadem Chipinc [3] Ibid. b. liber homo Comendatus Ulwino Antecessori Alberici de Ver. et in soca ejus xii Car. et adhuc tenebat 1 acr Terrae de Dominio Ulwini et quartam partem alterius et modo Tenet totum Mater * Robert Malet Roberti et val ii sol Rex et Comes de toto alio Socam In Cotetuna [4] Ibid. tenuit Ansgerus liber homo Comendatus Lewino de Bachetuna xxx acr pro Maner T. R. E. Tunc 1 Car. modo dimid et 1 acr prati Silva vi Porc. et Tres liberi homines Comendat lx acr et dimid Car. et val x sol Rex et Comes Socam In eadem tenuit Teit Comendatus dimidius Edrico prepositi Regis et dimidius Comendatus Antecessori Malet viii acr semper dimid Car. et val iiii sol Soca Regis et Comitis In parvo Thornham viii liberi homines xxviii acr Comend Ulvenae Tunc ii Car. modo 1 et dimid et val v sol In eadem Duo liberi homines unus eorum * fuit Comendatus Ulvenae et alter dimidius Subcomendatus Antecessori Malet In Gislingham three Freemen of which Ulvene * In the time of King Edward had the Protection of two and they seven Acres and half a Carucate and paid xvi d. in the same Town two Free-men had twenty six Acres one was Protected by Ulvene by name Coleman with six Acres Then half a Carucate * Before the Conquest it was half a Carucate after it lay wast now nothing and it did pay 4 s. In the same Alviet a freeman under the Protection of Alsi the Nephew or Grandchild of Earl Ralph held thirty Acres for a
Maner that is a Seat or place of abode in the time King Edward Then it was one Carucate now nothing and 1 Acre of Meadow In the same six Freemen under the Protection of * These were Subcomendats being under the protection of one that was protected himself Alviet held xiii Acres which were always half a Carucate Then they paid twenty Shillings now twelve In the same Town Ringulf a Freeman had Thirty Acres for a Maner he was the Client or under the Protection of Alsi Nephew or Grandchild to Earl Ralph Then it was one Carucate now nothing Of this Land suppose of the Town Lewin the Son of Ringulf had iii Carucates and the 4th part of the Wood In the same four Freemen under the Protection of * These were also Subcommendats who were protected at the second hand Ringulf who had x Acres and half a Carucate and iv Acres of Meadow and x Hogs Then it paid 20 s. now ten In the same Beso a Freeman Protected by Alsi had xvi Acres Then and afterward one Carucate now nothing it did pay six shillings and eight pence Of this Land the Predecessor of Alberic de * He was Ancestor of the Earls of Oxford Ver had five Acres The King and the Earl had the Soke of the whole In the same Town one Freeman called Soribes who had vi Acres he was under the Protection of Ulvene and paid xii d. In the same Chipinc a Freeman under the Protection of Ulwin the Predecessor of Alberic de Ver and in the Soke of his twelve Carucates and he held more 1 Acre and the fourth part of another of the Lordship of Ulwin now the Mother of Robert Malet holds the whole and it pays 2 s. The King and Earl of all the Soke of the other that is of Soribes In Cotton Ansger a Freeman under the Protection of Lewin of Backton held thirty Acres for a Maner in the time of King Edward Then 1 Carucate now half a Carucate and 1 Acre of Meadow Wood for vi Hogs And there were three Freemen under Protection that held Sixty Acres and half a Carucate and paid ten shillings The King and Earl have the Soc. In the same Teit half under the protection of Edric the * Praepâ—situs Regis Kings Reeve and half under the Protection of the Predecessor of Malet held viii Acres always half a Carucate and paid 4 s. The Soc was the Kings and Earls In little Thornham eight Freemen had twenty eight Acres and were under the protection of Ulvene then they had two Carucates now one and half and paid 5 s. In the same two Freemen one of them was under the protection of Ulvene and the other was protected by one who was protected by the Predecessor of Malet and was half under his protection they had xv Acres always 1 Carucate or always they implyed one Plough Then it was worth 3 s. 4 d. now 5 s. Here we see the Condition of the ordinary Freemen within these three Counties and there were more here than in all the Counties in England And besides Owners of Towns and Lords of Manors there were no other Land-holders or Inhabitants but these and Socmen if these were not the same and Villans Bordars or Cottars and Servants in the Country But for greater Demonstration of Matter of Fact I shall briefly pass through them all Chenth [5] Great Domesday Book f. 2. b. col 1. Terra Regis In dimid Lest de Sudtone in Achestane Hund. REx Willielmus tenet Tarentefort pro uno solino dimid se defendit * That is Arable which is always called Terra in this Survey Terra est xl Caruc In Dominio sunt ii Caruc cxlii Villani cum x Bordar Habent Liii Caruc ibi sunt iii Servi 1 Molend c. King William holds Tarentfort it is Taxed at one * Probably from the Saxon word Sulk a Plough but what quantity of Land a Solin Swolling or Sulling conteined I cannot find Solin and a half there is forty Carucates of Land in Demeasn ii Carucates and one hundred and forty two Villans with ten Bordars they have fifty three Carucates or perhaps rather fifty three Ploughs with which they Ploughed their own and the Lords Lands There are three Servants and one Mill. Terra [6] Ibid. f. 3 a. Col. â— Archiepiscopi Cantuariensis In Achestan Hund. ARchiepiscopus Cantuariensis tenet in Dominio Tarent pro ii solinis se Defendit In Dominio est una Car. xxii Villani cum vii Cotar habent vii Car. Ibi vi Servi ii Molend de L sol The Arch-Bishop of Canterbury holds Tarent in Demeasn There is in Demeasn one Carucate and xxii Villans with seven Cotars they have seven Carucates or * I am apt to think that this abbreviation Car. or Caruc when it follows Villeni or Bordarii oft signifiâ—s the number of Ploughs they kept and not the Land or quantity of it Ploughs there are vi Servants and two Mills of 50 s. Rent In the whold County of Kent in the Entries of Towns and Maners it is very rare to find any other People than Villans Bordars and Servants who were all in Dominio besides the Lords and Great Possessors Military Men and Religious Sudsex [7] Ibid. f. 1â— a. Col. â— Terra Archiepiscopi Cantuar. in Mellings Hund. ARchiepiscopus Lanfrancus Tenuit Mellinges est in Rape de Pevensel T. R. E. defend se pro quater xx hid sed modo non habet Archiepiscopus nisi lxxv hidas Quia Comes Moretonii habet v hidas extra Hund Terra totius Maner L Car. in Dominio sunt v Car. CC xix Villan cum xxv Bord. habent * Here â— should think Car. signifies Ploughs and not the quantity of Land the quantity of Carucates differed some times a Carucate might be so large as one Plough could not Till and sometimes so small as one Plough might Till two lxxiii Car. xliii Croftos Arch-Bishop Lanfranc held Mellinges c. in the time of King Edward it was taxed for fourscore Hides c. the * That is the Arable Land which is always in this Survey called simply Terra Land of the whole Maner is fifty Carucates There is in Demeasn v Car. and two Hundred nineteen Villans with thirty five Bordars they have seventy three Carucates or Ploughs and forty three Crofts In this whole County few or no others but Villans Bordars and Servants and in Dominio as in Kent So in Sudrie Hantescire and the Isle of With as in Kent and Sussex Villans Bordars and Servants only in Dominio So Berchescire as Sudrie Sudsexe and Hantescire few or no others besides Villans Bordars and Servants in Dominio except owners of Towns Lords of Maners and others that held in Military Service either in Capite or by Mean Tenure and Religious Wiltescire [8] Ibiâ— fol. 6â— a. Col. â— Terra Regis REx
ad Geld. Ibi modo in Dominio ii Car. xxvii Sochmani de ii Car. iii Bovat hujus Terrae viii Villani xx Bordar habentes xiv Caruc In Colingham the Abbat of Peterburgh hath four Carucates of Land which he Rents out There are now in Demeasn two Carucates and twenty seven Socmen that have two Carucates and three Bovates of this Arable and eight Villans and twenty Bordars that have fourteen Carucates In this Shire the Entries of the ordinary Inhabitants throughout are in Dominio Socmen Villans Bordars as in Derby shire The Socmen generally held small parcels of Land as half a Carucate a Bovate c. Roteland scire as Snotingham-scire Eurvic scire In this [6] See Domesday for this Title Shire the Entries are generally as to Persons in Dominio sunt Villans Bordars Sochmen And habet as Rex habet Servants Socmen Villans Bordars seldom any others except as before excepted in Kent Sussex Surrey c. In all Counties of England whose Land soever it was whether it was the Kings Land Church Land or possessed by Earls Barons Knights or other Military and Secular Men in every Town and place these sort of Men were the * Note That whereas 't is said in the Glossary to my Introduction c. That in every Leaf and almost every Entry upon that Leaf in Domesday Socmen and Freemen were to be found it proves a mistake for upon a second and third perusal of the great Book especially the Persons and Inhabitants of Towns and Villages were such as I have here noted in every County Inhabitants and those that occupied used or managed the Land under the Owners of the Towns or Lords of Maners who held of the King immediately or mediately as appears by this Survey or great Record By which it is most evident that most of the Lands in England were holden by Military Service or Serjeanty and in Villanage of those Military Tenants and Tenants in Serjeanty For all these Persons of divers Denominations which afterwards received other and fewer names were but several sorts of Villans as will hereafter appear in the Glossary and held their Lands by Base and Servile Tenures There was at the time of making the Survey no Free Socage if there had it would have been entred as the Land holden in Alodio was for Hidage-sake Nor Frank Free that is Land holden without performance of any Service such as we now call most of our Free-holds unless some small parcels that belonged to some Parish Churches especially in Suffolk which is called Terra libera or Burgage-tenure or the Land holden in Alodio in King Edwards time or afterwards was such of which there is here and there a Town or Maner a Hide or Carucate c. so holden in the Survey I will give one Instance of it Hantescire [7] Domâ—sday f. 50. a. Col. 1. Tainorum Regis ALwi filius Saulf tenet de Rege Tederleg Pater ejus tenuit in Alodio de Rege Edwardo Tunc modo Geld. pro iii Hid. Terra est iv Carucat in Dominio sunt Duae ii Villani et ix Bordar cum ii Caruc ibi ii Molin de xxvii sol et vi d. et xxvi acr prati Silv. de xxx Porc. valuit lx sol modo xl Alwi the Son of Saulf holds Tederley of the King his Father held it as Alodium Frank Fee or Free-land Then and now it was and is taxed for three * Alodium always paid Hidage as other Land See Alodium in in the Glossary to my Introduction f. 1. Hides The Arable Land is four Carucates there are two in Demeasn and two Villans and nine Bordars with other two There are two Mills Rented at 27 s. 6 d. and twenty six Acres of Meadow Wood for thirty Hogs it was worth sixty Shillings now forty This Alwi was one of the Kings ordinary Thanes or Servants and held this Town in Serjeanty which might be consistent enough with the Tenure in Alodio and such Lands are now reputed Free-hold but these were not in the hands of Socmen Villans Bordars Cotars Servants and the like Nor were many of them in their own hands as we may phrase it or in their own Power for such as were in Dominio and in most places it was so were the Lords proper Men wholly under his Power and Disposal both in Body and Goods except Life and Death and were fixed to the Maner so as they could not remove themselves out of the Precincts of it without his leave These sort of Men Ingulph in the Latin Version of King Edreds Charter to the Abbats and Monks of Croyland calls Nativi a word afterwards used with us the worst sort of Villans and Bondmen Et praecipio quod omnes homines Fugitivi quos iidem Monachi Testimonium Quatuor vel quinque hominum fide-dignorum coram vicecomite in Patria in qua tales manent possunt Assidare suos nativos esse reducantur per eundem vicecomitem in Abbathiam eorum cum omnibus catallis sequelis eorum omnium Reclamatione Reluctatione abinde remota annullata And I command that all Fugitives which the Monks and four or five Credible Witnesses can prove were their Natives that is born Bondmen before the Sheriff of the County where such Fugitives are they shall be brought or sent back to the Abby with all their Goods and Children without Let or Hinderance of any Man This Charter bears date in the year 988 and shews the Condition of Bondmen in the Saxon Times and hereafter we shall see what they were after the Conquest when their names were changed as by the Glossary will more at large appear to which I shall refer the Reader for the knowledge of their Condition likewise and how many ways that might be bettered and changed shall be our next Inquiry These Bondmen or People of servile Condition might and did procure the Freedom of their Persons [9] Glanvil lib. 5 c. 5. several ways First by the favour of their Lord or Patron if he released their Bondage for him and his Heirs The first of obteining Freedom or did give or sell him to another to be released But no Bondman could purchase his Liberty with his own Money if he did his Lord might by the Law and Custom of the Land bring him back again into villenage because all his Goods and Chattels were his Lords or so in his Power that with them he could not redeem himself But if a Stranger would Purchase him with his own Money and make him Free then he might for ever defend his Liberty against his Lord and plead his Release by Chart that is his Deed in Writing or by any other way the Law allowed and Tryal by Duel was allowed in this Case after he was a Freeman if any one that saw him made Free would be his Champion and come into Court and assert and prove his Liberty by his Body Yet [1] Ibid.
Conqueror Domesday or the Conquerors Survey how made and it may not be much out of the course of our History to take notice how it was made and in what method written It was made by (y Mr. Selden gives an Account in his Preface to * Fol. 15. Eadmer from an ancient Manuscript he thinks as old as the Survey it self of the names of the great Men that were Sworn in divers Hundreds in Cambridgeshire and the Isle of Ely which were most Normans The Jurors iâ— Cambridgeshirâ— and Isle of Ely at the making of the Survey and presented the Survey according to the form the King had directed And Comitatus dicit or testatur hundreda vel Wapentachium dicit vel testatur Again homines qui juraverunt the men that were Sworn in this or that County Hundred or Wapentach do witness say and aver so and so concerning divers matters in debate and controversie do often occur in the Survey it self The * [6.] Histor Ellen. penes Domini Gale p. 177. b. In Staplebou Hund. Nich de Chenet Willielmus de Chipenham homo Gaufridi Hugo de Herenluge Warinus de Saham Robertus Anglicus de Fordhom Hordmerus de Bethlingham Alanus de Burwell Alfricus de Sneillewelle Isti homines Juraverunt de isto hundredo In Cestertuna Hund. Juraverunt Roggerus de Cilderlaio Gifard de Draitona Gislebert de Histona Surmi de Cotenâ—am Brunningus de Cestertuna Almer de Coâ—enâ—am Ledmarus de Draitona Aermus de Gilderlaio omnes alii-Franci Argli de hoc Hundredo Juraverunt These two Instances are cited out of the ancient Manuscripts mentioned by Selden Jurors in every Hundred of the County are noted names of the Jurors in some Hundreds mentioned by Mr. Selden exceed not the number of eight or nine in others besides those named all that were fit for the purpose were Sworn Verdict or Presentment of Juries or certain Persons Sworn in every Hundred Wapentach or County before [9.] Ge vas Tilb. lib. 1. b 29. Commissioners who were most discreet Persons and commonly Normans sent from Court Those for [1.] Dugd. Bâ—ron fol. 257. Col. 2. Worcestershire and many other Counties were (z) He was a Monk [7.] Malms de Gest Pontif. f. 165. b. n. 20. in the Abby of Fischampe or Fecampe in Normandy and gave great Assistance unto William in his Expedition into England [8.] Eadmer fol 7. n 1â— for which he made a Bargain with him to be made a Bishop if he overcame Remigius Bishop of Lincoln Walter Giffard [2.] Orderic fol. 522. C. And other Counties Earl of Buckingham (a) He was Son [9.] Ord. Vit. fol. 5â—2 d. of Gualchelin de Ferrariis a Stranger and an Adventurer with the Conqueror and was possessed of 176 Lordships or Maners whereof in [1.] Domesd in com Darby Darbyshire 114 as before was noted Hen de Ferriers Earl of Darby and (b) This [2.] Monast Angl. vol. 2. fol 889. n. 50 60.4 ibid. 900. n. 20. Adam third Son of Hubert de Rie Adam who had given him great Possessions in Kent was third Son to Hubert de Rie a trusty Servant to William when Duke of Normandy and employed by him to Edward the Confessor in the business of declaring him his Successor to the Crown of England c. Eudo being his fourth Son Adam Brother unto Eudo Steward of the Houshold or Sewar to the King who enquired into and described as well the Possessions and Customs of the Conqueror as of his great Men Commissioners in Worcestershire [3.] The Books themselves How and of what things the Survey was made They noted what and how much Arable Land Pasture Meadow and Wood every Man had and what was the extent and value of them before the Conquest and at the present time The Survey was made by Counties Hundreds Towns or Maners Hides half Hides Virgates and Acres of Land Meadow Pasture and Wood. Also they noted what Mills and Fishings and in some Counties what and how many Freemen Sockmen Villans Bordars Servants young Cattle Sheep Hogs working Horses Skeps of Bees c. in every Town and Maner and who they belonged to Always in every County setting down [9.] The Books themselves the Kings name first and after him all his great Men in order that held of him in chief with numbers placed before them for the better finding them in the Book as may be * Append. n. 10. seen in the Catalogue of Tenents in chief or the Possessors of Lands at the time of the Survey there following All England except three Counties of Westmorland Cumberland and Northumberland That part of Lancashire between the River Mersey and Ribble was laid so and described in Cheshire the other part was described in Yorkshire was described and part of Wales and the Description or Survey written in two Books called the great and little (c) Domesday-Book why so called There was no receding from or avoiding what was written in this Book and therefore ob hoc as * P. 41. b. Domesday from the Saxon Dome Bordarii what they were Gervase of Tilbury says nos cundem librum judiciarium nominamus non quod in eo de prepositis aliquibus dubiis feratur sententia sed quod ab eo sicut ab ultimo die judicii non licet ulla ratione descedere Domesday-Book remaining in the Custody of the Vicechamberlains of his Majesties Exchequer The little Book contains only the Counties of Norfolk Suffolk and Essex this Survey was begun about the Fourteenth year of the Conqueror and finished [1.] Little Domesday fol. 450. in the Twentieth of his Reign Anno Domini 1086. To make the manner of the Entries in these Books more clear I shall give one or two Examples Easessa Terra Regis dimid hundred de Witham Witham tenuit Heraldus T. R. E. pro Maner pro 5 Hidis tunc 21 (d) What these Villanes were see in the letter f here following Villan modo 15 tunc 9 In the Appendix are two Catalogues of all the Ter-Tenents or as they may be called Proprietors names in this Survey one Alphabetical the other as they are found before the Description of every County (e) Bordarii from the French Bordier a Villan or Cottager and that from Borde a little House or Cottage in the Fields c. [7.] Custum Norm Gloss sup c. 28. Bordage was a Tenure where such a House or Cottage was given to any one to do any base Service for his Lord as to be an Executioner or Hangman or other base Service and he who had any thing given him after that manner could not sell give or engage it for that it was given him to hold after that form Bordar modo 10 Tunc 6 (f) Servi what they were Servi Servants or rather Slaves for Servus in Classick Authors never signifies otherwise were of [8.] Spelm. Gloss fol. 513. col 2. See more what
King Edward had 40 Acres of Land and one Bordar and three Acres of Meâ—dow which were always accounted one Carucate or there was always one Plough imployed In Gersinga [2] Ibidem octo liberi homines Algari Commendati tantum de 60 Acr. Terr semper quatuor Bordar c. In Gersinge eight Freemen who were only under the Protection of Algar had sixty Acres of Land there were always foâ—r Bordars c. And such as these were the Ordinary Freemen of this County wherever they are found in this Survey and their Quality the same though 't is not to be doubted but their Condition was harder after the Conquest than before when they changed their Patrons In Suffolk there were also many Freeman like these few or no Socmen Sudfulc [3] Ibid. f. 339. b. Terra Roger. Comitis Hundrede de Colenese WAletunam Tenuit Normannus Tempore Regis Edwardi modo Tenet sub Rogero Bigot c. In eadem villa xviii liberi homines Commendati Godricus faber Edricus Ulnotus c. de Lxxx Acr. Terrae subtus eos vi Bordar semper inter eos iii Car. 1 Acr. Prati valent xxx Sol. c. Norman held Walton in the Time of King Edward and now holds it of Roger Bigot c. In the same Town there are 18 Freemen under Protection Godric probably a Smith or Carpenter Edric and Ulnot and so all the 18 named in the Survey who held Eighty Acres of Land and had under them 6 Bordars amongst them they had three Carucates and one Acre of Meadow they pay thirty shillings In Maistuna [4] Ibidem Tenuit Idem Normannus T. R. E. vi liberos homines Commendati de C. Acr. Edricus Burthricus Wulbaldus Aluricus Almarus Wulricus 1 villan de quatuor Acr. quatuor Bordar semper inter eos quatuor Acr. ii Acr. Prat. val xx Sol. In Maston the same Norman held in the time of King Edward six Freemen under his Protection who had an hundred Acres Edric and Burthric Wulbald Aluric Almar and Wulric and one Villain who had four Acres and four Bordars who always held amongst them four Acres and two Acres of Meadow and 20 s. In Burch [5] Ibid. f. 340. a. tenuit Idem Normannus T. R. E. xvi liberos homines Commendatos de 1. Car. Terr vi Bordar pertinentes ad Waletunam quatuor Caruc inter eos ii Acr. Prat. val xl Sol. In Burch the same Norman held in the Time of King Edward sixteen Freemen under his Protection all particularly named in the Survey who had one Carucate of Land and six Bordars belonging appending or regardant to the Maner of Waletun they had four Carucates or Ploughs between them and two Acres of Meadow and paid xl Shillings In Alteinestuna [6] Ibid. f. 341. a. duo liberi homines xi Acr. Turbinus Ulvinus valent xxii d. 1 Ecclesia v Acr. * Terr Liber val xvi d. In Altenston two Freemen held eleven Acres Turlin and Ulvin who paid 22 d. there was a Church and five Acres of Free Land which paid xvi d. And so in many other Towns there are the like Entries of one two three four or five Freemen And at last 't is said Omnes isti sunt [7] Ibid. liberi homines R. Bigâ—t Normannus tenet eos de eo All these are the Freemen of Roger Bigot and Norman holds them of him Terra [8] Ibid. f. 406. b. Hugonis de Montesorti Hundret de Carleford IN Bischelea tres liberi homines in Dominio Gudmundi T.R.E. In Bischeley there were three Freemen in the time of King Edward under the Dominion or power of Gudmund or in his Demeasn which is all one In [9] Ibid. Burgo 1 liber homo comendat dimid Sanct. E. i. e. Etheldredae T. R. E. dimid Antecessor Roberti Malet In Burg there was one Freeman half under the Protection of St. Audrey that is the Church of Ely in the time of King Edward and half under the Patronage of the Antecessor of Robert Malet In eadem 1 liber homo commendat dimid Sancti E. dimid Edrici In the same Town there was one Freeman who paid half the money for his Protection to Saint Aurdrey or the Church of Ely and the other half to Edric Sudfulc [1] Ibid. f. 287. a. Sanfort Hund. dimid TEtra Regis quam Aluricus Want Custodit he was the Kings Prepositus or Reeve and managed it for him Bercolt tenuit Heroldus T.R.E. xiii Car. Terr pro Manerio Tunc xlii Vill. modo xliii Tunc v. Bordar modo xxii tunc vi servi modo quatuor Tunc post tres Car. in Dominio modo ii Tunc xx Car. hominum post modo x. duodecim acr Prati Silv. M. porcor semper 1. Molin semper 1. Runcin x. animal xxviii por Lxxxv. ov xxvi Capr. Huic Manerio pertinet 1. Berwita Sceveleia ii Car. terr T. R. E. Tunc x vil post modo vi semper vii Bordar Tunc iiii serv modo ii Tunc ii Car in Dominio post modo 1. Tunc viii Car. homin post modo * Because they lay waste or they had not Tenant could set up so many Ploughs iiii xvi Acr. Prati 1 Molin semper 1. runcin iiii animal vii Por. xxiii ov Beâ—leiam tenuit comes Guert. T. R. E. post eam adjunit * Ralph de Guader whose Story is to be found in the Life of William the 1st comes Rud. stalra huic Manerio pro Berwita T. R. Willielmi pro ii carucat Terr tunc xix Villi modo xiiii semper tres Bord. tunc iiii serv tunc ii car in Dominio post modo 1. tunc viii car hom post modo 1. Et viii car possunt in Dominium * Nota. Quia Villani Villanos restaurari viii Acr. Prati silv xxii por viii animal viii por xlii ov val vi d. Scoteleiam tenuit comes Guert * They were two Carucates and half in Edward the Coâ—fessors xii car dimid 1. acr val * time but at the time of the Survey lay Wast and worth but two pence ii d. pro 1 Manerio T. R. E. Tunc xii Villani modo sex semper ii Bord. Tunc iiii serv modo 1. Tunc 11 Car. in Dominio post modo 1. Tunc iiii Car. hom post modo 1. iiii car possunt restaurari iiii acr Prati et 1. Runcin et xl ov Huic Manerio pertinebant T.R.E. CCx. Sockman modo non sunt nisi Cxix et habent xxii car Terrae et dimid xxx acr Minus et xlii Bord. Tunc xxix car modo xxvii et xxiiii acr et dimid Prati duae Ecclesiae de lxii acr de his hominibus qui huic Manerio remansi sunt non habuit Heroldus etiam Commendationem
judgment of his Pares Peers c. That their Sons and Grand-children should succeed in their Fees observing the antient Custom of giving their Horses and Arms upon every Succession to their Lords or Patrons Also in the same Laws there is extant another Constitution of Lotharius Lotharius his Constitution about Fees Tit. 9. lege 9. dat 6. Novembris 1036. made at the request and desire and by the Council of his Arch-bishops Dukes Marquesses Counts Palatines and the rest of the Nobility for restraining Vassals from aliening and embezling their Fees and Beneficia without licence of your Lords by which means the Service of the Empire had been much impaired and neglected and the profit and advantage of their Lords much diminished 7 Gryph de Weickbild Saxon. c. 42. n. 12 13. These Fees although they received another Form under Charles the Great and in Germany under Conrad the First yet their Original is not to be attributed to them and being much more Antient of right belongs to the Longobards But whither their Origin was from the Longobards or not certain it is these Tenures and Lands were amongst the Franc's a German-people in France some Centuries of years before Charlemagne for Clotharius by his Edict 8 Vales rerum Francicar Tom. 3. fol. 7. Anno Domini 615.15 o Calend. Novemb. 31 o Regni sui Parisiis confirms to all persons their Beneficia or Fees which had been granted to them by his Predecessors or himself It appeareth further for the Antiquity of Feudal Customs 9 Ib. fol 254. Anno 668. The noble Franc's married not their Daughters without the Kings consent That the Noble-men of France who held Fees or Benefices of their Kings dare not Marry their Daughters without their consents and long before that it was usual for the 1 Ib. Tom. 2. fol. 6. Anno Domini 565. Their Children were educated in the Kings Court. Franc's to send their Children when grown up to the Kings Court and to Noble-men to be educated in liberal Arts and War-like Exercises This without question was a feudal Custom and by this way of Education the Prince had two Advantages as our 2 Ib. fol. 438. Author observes first that these young men were Pledges of their Fathers Fidelity towards them and then that the Nobility were accustomed to their Kings in their tender years and learnt how to revere and love them as their Parents in whose Court they had been educated From hence we may with great probability conclude that in these times the greatest parts of the Lands in France and old Germany were beneficia or feudal Lands and holden by Military and other publick Services the Alodia or Lands of Inheritance being but few in respect of them nor were there many Land-holders especially of considerable quantities except the Noblest and Great men and they were only such as were Military men and executed publick Offices and Ecclesiasticks Not but their Mancipia and Servi their Slaves and Drudges might hold a Cottage and some very small parcel of Land at the will of their Lords as they did here in the Saxons time before the Conquest For that such there were here then we find in the Conquerors Survey from one end of it to the other under the Norman Names of Villani Bordarii Servi c. Take one instance for a thousand Easessa Tit. Terra regis Dimid Hund. de Harlava Hadfeldam tenuit Haroldus T. E. R. pro 1. Man viginti Hidis tunc L. Villani modo lx Tunc xix Bordarii modo xxx Tunc xx Servi modo xx11 c. of their Tenures hitherto We pass unto their Courts and Judicatories which if not the same yet were very much alike here and in Germany for as our English Saxons had their Scyregemote or Court The Germans had their County Courts so the antient Germans had their Provincial or County Placita Malls or Conventions for doing of Justice and they were held twice in the year Ll. human Edgar c. 5. or oftner leges polit Canut c. 17. So Capit. Car. l. 7. c. 96. Twice in a year Vt ad (d) Gryph de Weickl Sac. c. 66. n. 4. Mallus why so called ib. c. 65. n. 1.2 Fliccamburch It is called Mallus or Mallum from Ein Mahl signifying in Saxon a sign mark or token as a Stone a Tree a Perch or Pole a Cross a Hill c. at which the Mall or Courts were holden they being always kept at a certain noted place amongst the Saxons and so with us of which one instance for many in the County of Norfolk from a Writ or Commission of William Rufus upon a claim of the Abbat of Ramsey to certain Lands in Holme in these words Willielmus Rex Anglorum H. Camerario Salutem facias convenire consedere 3. Hundr dimid apud Fliccamburch c. this without doubt had been a noted place before the Conquest for the meeting of all or some of these Hundreds the place is upon an Hill about a Mile above the Town of Flitcham in the Hundred of Freebridge citra Lin in Norfolk on the West-side of the way leading from Flitcham to Shernborn now called Flitchamburgh or Burrow being a square plece of ground about an Acre ditched about with an old large Ditch about eight Miles from Holme where the Land in Controversie lay Mallum venire nemo tardat unum circa aestatem alterum circa Autumnum ad Aliud vero si necessitas fuerit vel si denunciatio regis urgeat vocatus venire nemo tardet No man shall forbear to come to the Mall or general Meeting of the Prince or County twice in a year about Summer and Autumn and if there be necessity or the Emperor denounceth by Edict another every one that is summoned shall come in As in England so in Germany the Bishop and Earl both sate in the County Court And as by those Laws of Edgar and Cnute the Bishop of the Diocess and Alderman or Earl were both to be there present to give mutual assistance each to other according to their several Functions and Offices in executing Justice So were they also to be both present in the German Malls or general Placita Addit 2. Car. ad Ll. Boioar. c. 10. Ll. Longobard lib. 2. Tit. 53. or 54. c. 1. These County Courts are much like the Sheriffs turns which were duely observed with us in former times County Courts every month in Germany Besides these there were as now monthly County Courts in every County and the like we find in Germany amongst the old Bavarians Ll. Boioar. Tit. 2. c. 15. § 1. Let there be Placita or Courts in the beginning of every month or every fifteen days to enquire into matters Infra illum Comitatum so as Peace may be in the Province and all Free-men shall meet at the appointed days which shall reside within the County whither they be the Kings Vassals or the Dukes all shall come
Juraverunt Testantur quod Terr Haward in Eurwicscire tenuit Ws. Mallet c. de omni Terrâ Asae testantur quod Roberti Mallet debet esse Clamores in North Tredinge Lincolniae Testatur Wapentach totus comitatus quod Episcopus Dunelm debet habere c. Norff. Terra Sanctae Aldred Hundr dimid de Clatsclosa in Photesthorpâ sed totus Hundredus Testatur eam fuisse T. E. R. ad Sanctam Adeldred Hantescire Andov Hundr in And. hoc Testatur Hundr So in Doomesday evere where the Hundred witnesseth or testifieth this the Wapentach witnesseth or testifieth this or the County witnesseth or testifies this or that which were no more than the Juries or men of the Hundred or County that were summoned sworn and gave in before the Commissioners that took them the Particulars of the Survey And of such indeed Witnesses did our Juries consist sometime after the Conquest for in Glanvills time [7.] Glanv l. 2. c. 17. none were admitted to be of a Jury that knew not the truth of the thing in question and by their own proper view or sight and hearing had had knowledge of it Few Laws in these elder times Few Laws in elder times about Lands and Possessions concerning Lands either here or in Germany as I noted before and the reason was that most part of the Lands being then Beneficia or Fees held in Military-Service they were held and governed by such Customs and unwritten Laws as were not any where published except in one or two fragments And all other Rights concerning them were only handled in their Lords private Courts Above all these Courts the King had his Court Ll. Edgar human c. 2. Ll. polit Canut c. 16. where no man might Appeal unless he could not have Justice done him in the Hundred or County and then it was to him both a Court of Law and Equity An Appeal to the Kings Court when Justice could not be done other where if he could not have right at home or if that right were too heavy for him then let him seek to the King for ease to the King himself that he might have the rigor of the Law mitigated by the Conscience of the Prince the same Law and the same Court and Power of the Prince was amongst the old Germans Capit. Car. lib. 5. c. 14. c. 141. Charts and Donations signed in publick Malls and Conventions See Chirographum Testamentum Chartae pariculae vel pariles Chartae indentatae Indentuâ—ae In use in old Germany and old France before known in England Mabâ—llon dere Diplomatica lib. 1. c. 2. In their publick Malls their Charts of the Sales of their Estates Donations and Traditions so they called some Donations and Sales to Religious Houses and Monasteries were confirmed See Chartae Antiquae in Antiquitat Alaman Tom. secundo parte prima Antiquitates Fuldenses lib. 1. where are many Instances to be found amongst those Charters and Traditions or as we may call them Deeds and Conveyances See Vadianus Tom. 3. fol. 44 71. Antiqu. Alaman by Godalst who says the consent of the Comes was required to all Donations to Monasteries lest such Lands might be given them as paid Rent to the Prince and by that means his Revenue might be injured And conveyances of Land in our English Saxon times [8.] Somners Gaves p. 87. Conveyances of Land entered in the Shire-book They also and Mortgages Recorded in the Hundred were entered in the Shire-book or Recorded in the Hundred perhaps for the better Security of their Estates And their Morgages likewise or how should the Hundred or County present before the Commissioners for making the Conquerors Survey that such and such Lands were morgaged and the Sum for which they were engaged Terra invadiata with the Sum for how much and to whom expressed which I have seen in Doomesday more than once but do not remember the places and that it was so here after the Conquest it not only appears by what Bracton says fol. 38. n. 12. but it is evident also from the Witnesses to our antient Deeds which were commonly the best men in the Country and living in divers Towns and Places somewhat remote as John of such a Town Thomas of another and Richard of a third c. who 't is probable did not meet to be witnesses to a Conveyance of an Acre or two or some small parcels of Land but they being Suitors to the County or Hundred Courts and bound to attendance there those Deeds or Charts were brought thither and witnessed in open Court As there was an agreeableness in their Laws and Courts The German Judges and Officers like to the English Saxon Officers so was there a likeness in their Judges and chief Officers Comes in the Latin version of the German Laws and Aldermannus in the English Saxon was the general word by which they expressed their Judges or at least those which were Counts and Aldermen were also Judges and under one Name executed two Offices one of a Governour of a County Shire or Province the other of a Judge of the same our old Latin Historians translate the Saxon Ealderman by Regulus Subregulus Patricius Princeps Dux Comes and Consul and it was expressed by every of these Latin words according to the way of those times Seld. Tit. Hon. fol. 502. Aldermannus a general word for many Officers The Shirereve or Earl was called Aldermannus Comitatus The chief Magistrate of a City chief Officer of a Burg or Town and the Constable of a Castle or Castellan was called Aldermannus Civitatis Burgi vel Castelli and the Centenary Hundredary or chief Officer of the Hundred or Wapentach was called Aldermannus Hundredi sive Wapentachii Spelm. Glossar in verb. Aldermannus This word in its signification imports no more than Senior or Elder or as it was corrupted in the Provincial Latin Signior or Seignior which in the [9.] Hottom in verb. Feudal Law signified Lord or Patron who had his Feudataries or Vassals which were obliged to him by the Donation or Tenure of Fees And it s more than probable that seeing most of the degrees of Nobility and men of Power were expressed by this word Ealderman in the Saxon times that it was much used here in the same sence that Seignior was in Italy Germany and the Roman Provinces for a Lord or Patron and sometimes for a great or Royal Vassal which held immediately of the King or Emperor sometimes for such other Vassals though not of the meanest rank that held of them and sometimes for meer ministerial Officers Which later by our Saxons were often called Thegns or Thanes and by those Names Thegn or Thane what and in the Latin Versions of them by the name of Minister They are often found in the Subscriptions of ancient Charters of the Saxon Kings after the Principes Duces and Comites The chief of which were the Kings [1.] Selâ— Tit. Hon. 〈◊〉 507
in his demain and Possession so did the Archbishop hold his The same way of proceeding by virtue of the general Precept before-mentioned is to be found in the History of the Church of Ely The Plea of the Church of Ely for the Recovery of its Lands King William [2.] In Appeal n. 3. directs his Writ to all his Leiges or Tenents and Sheriffs in whose Sherifwicks the Abbey of Ely had Lands that it should have and enjoy all its Customs c. that it had the day that King Edward was living and dead and as they were recovered and proved to belong to that Church by many Shires at Keneteford a Town in Suffolk near Newmarket before his Barons Several Writs are in the [3.] N. 4 5 6 7 8. Appendix touching the Lands and Customs belonging to the Abbey of Ely That such Normans as had seized or invaded any of them were to restore them In [4.] Warwic scire Terra Episcopi de Wâ—recestre f. 238. b. col 1. The Bishop of Worcester's Plea Doomesday Book 't is Recorded that the Bishop of Worcester the Famous Wulstan by Plea and by force of the same general Writ in the presence of four Counties or Shires before Queen Maud recovered seven Hides and half of Land in Alvestone and that thereof he had the Writ or Chart of King William and Testimony of the County of Warwick In Alvestone tenuit Britnodus Alwi septem hid dimid T. R. E. Sed Comitatus nescit de quo tenuerit Wulstanus autem Episcopus dicit se hanc Terram deplacitasse coram Regina Matilde in presentia quatuor vice-comitatuum inde habet Breves Regis W. Testimonium Comitatus Warwick By these Instances it appears That the Pleas for Church-Lands were generally held before all or most of the Counties summoned together in which the Lands lay and that the English were called thither to give Testimoy whether they belonged to those Churches in the time of King Edward for no others could be competent Witnesses being all Strangers to the thing in question There are likewise many Instances to be found in Doomesday of this way of proceeding and Trial of Titles in the County Hundred Wapentack or Trihing under the Title of Clamores in (e) Treding or Rideing not improbably from Trihinga which was a portion of a County that contained three or four Hundreds * Ll. â—d Confessor c. 34. to which portion of a County there was an Appeal from the Hundred and from that to the County Sudtreding Lincoliae In Tadevill Trials for Tiths of Lands in the Hundred or Warpentack in the Conqueror's time Hundred clamant homines Episcopi Bajocensis Carucatam Terrae super Robertum Dispensatorem homines de Wapentack dicunt quod ipse Episcopus jure debet habere and in the same Hundred there under the same Title Clamant homines ejusdem Episcopi super Hugonem Comitem tres Bovatas Terrae Wapentack dicit quod ipse Episcopus debet habere In the same Title there is also an Appeal from the Hundred to the County in a Plea between Gilbert de Gund and Norman de Areci both claiming upon William de Percy twelve (f) An Oxgange or Oxgate auncienly [1.] Spelm. Glossar in verbo A Bovate or Oxgange of Land what as much as one or a pair of Oxen could Plough or keep in Husbandry tilth in a year or as much as they could Plough in a day sometimes but here it is to be taken in the first sense by some accounted eighteen Acres by others but thirteen but as Carucates and other Portions of Land was uncertain according to the Soil which was harder or easier to Plough Bovates of Land which concludes thus Sed Wapentack comitatus dicunt quod Gilbertus debet habere non Norman Willielmus vero Percy tenet ea dono Regis Sicut tenuit Robertus Filius Stigandi And in the Title of Clamores in Kesteven a part of Lincolnshire there is a claim referred to the King's Court Clamores quos Drogo de Bruera facit super Terras Morcari dimittunt viz. the men of that Division in judicio Regis and there is also Recorded in a claim of Earl Alan upon Wido de Credon of fourteen Bovates and given in by the same Persons that Alger homo Alani dedit vadimonium Baronibus Regis that is such Barons as were Commissioners to make the Survey of this County ad confirmandum per judicium aut per Bellum See Bellum and Judicium in the Glossary That is he gave Security to make good his Master 's or Patron 's claim by Ordeal or Battle Doomesday fol. 212. In Norf. in Hund. Dimid de Clakeslosa Photestorp Hanc Terram calumpniat esse (g) Libram That is it was not Church-land or appendant to the Church and so free for the Normans to seizâ— on liberam Vlchetel homo (h) Hermerius de fenariis Hermerii quocunque modo judicetur vel Bello vel Judicio See Glossar ut supra alius est praesto probare eo modo quod jacuit ad Ecclesiam die qua Rex E. obiit Sed totus Hundredus testatur Eam fuisse T. R. E. ad Sanctam Adeld In Norf. the Hundred and half of Clakeslose * Since called Fodeston or Foston a decayed Town Photestorp Ulshetel the Vassal Man or Champion of Hermerius claims this Land to be Free which way soever it be tried or judged by Battle or Ordeal and there is another ready to prove the same way that it was Church Land the day that King Edward died But the whole Hundred witnesseth that in the time of King Edward it was the Land of St. Audry or the Abbey of Ely In Doomesday Clamores de (i) (i) Treding or Riding from Trihinga as before and the same with Lests in Kent or Rapes in Sussex See Ll. Ed. de Trighingis Ledis c. 34. These Trihings had their Thrihingerefas their Governors or Reves and what could not be determined in the Hundred or Wapentach was ended here and what could not be ended here was determined in the Shire North-treding Everwicscrire f. 374. col 1. Sanctus Johannes de Beveâ—laco Omnem Terram quam calumniabatur Drogo super Sanctum Johannem Testificata est ad opus ipsius S. Johannis per homines de Treding per Donum R. W. quod dedit S. Johanni tempore Adeldredi Archiepiscopi de hoc habent Canonici sigillum Regis Ed. R. Will. Canonici de Beveâ—laco Ibidem Clamores in Sub-treding Lincoliae T. R. E. fuit saisitus Almar Antecessor Archiepiscopi Thomae de soca x. Bovat in Ulingeham hac terra fuit Code modo est Rayner de Brunon pro iii. lib. fuit invadiata T. R. E. modo affirmant homines de Treding quod Archiepiscopus jure debet habere hanc socam quousque ei reddantur iii. lib. Almar was not here Antecessor to
so prevailed with the Justices that their Cloaths were not Seized nor the Assise of King Richard to be kept concerning the Breadth of Cloath or the Measure of Grain King Richardâ— Assise for the Measure of Cloath and Grain made void by the Justices so as for the future they might make their Cloaths as Broad and Narrow as they pleased from whence to the Damage of many the Justices procured a great Summe of Money to the Kings use This Year the [4] Ibid. f. 466. a. n. 20. The Pope wrote to the Clergy to Contribute to the Relief of the Holy Land Pope wrote a pressing Epistle to the Archbishops and Bishops to contribute a fortieth part of their Ecclesiastical Revenues to the Relief of the Holy Land and to take care that the Clercs in every Diocess did the same [5] Ibid. f. 470. a. n. 40. He sent to the same purpose to the King of England and France The Master of the Hospital of Ierusalem wrote another lamentable Epistle to the Prior and Brethren of the same Hospital in England moving them very earnestly for Relief and that they would induce the King and great men to assist them The Pope reflecting seriously upon the Contents of these Letters sent a Cardinal to the Kings of England and France requiring them to make a Subsidy or Tax in their Dominions for the Relief of the Land of Ierusalem [6] Ibid. f. 471. a. lin 3. King John granteth a fortieth part of his Revenue for one year upon which Message and Request the two Kings consented to give the fortieth part of all their Revenues for one Year And the King of England would have it Levied of all his Revenue and of the Ward Lands and Escheats in his hands and Commanded that all Lay-men of his Dominions praecepit quod omnes Laici c. should give a fortieth part of all their Rents as an Alms for the Relief of the Land of Ierusalem Whereupon Geofry Fitz-Peter then Chief Jâ—sticiary of England wrote [7] Append. n. 80. to the Sheriffs of England to admonish and induce the Earls and Barons in every of their Sherifwicks and others to give a fortieth part as aforesaid and to Collect it In Lent the Year following the two Kings [8] Mat. Paris f. 207. lin 2. King Philips Demands refused by King John Parleyed near the Castle of Goleton where the King of France armed with mortal hatred against the King of England in Scorn commanded him forthwith to Deliver to Arthur Earl of Britany Normandy Tourain Anjou and Poictou and Exacted of him many other things which King Iohn refused to do The day following the King of France attacqued the Castle of Butavant took and Demolished it from whence he went to Ou and took that Town He besieged took and demolished many of King Johns Towns and Castles with the Castle of Limâ—s and many other Castles Ratepont Castle seated upon the River Andell in Veuxin he Besieged Eight Days and hearing the King of England was coming toward him he left it but within few days after took the Town of Gournay and then returned to Paris [9] Ibid. n. 10 20. and sent Arthur and the Governors he placed over him with two hundred French Knights into Poictou to subdue that Country or by hostile incursions to make it submit to him in their March they were told Queen Alienor Mother to King Iohn was in the Castle of Mirebeau with a small Company they besieged and took it but the Tower in which the Queen was they could not obtein those few that were in the Castle having retreated thither Here came into Arthur all the chief men and more noble Knights or Military men of Poictou especially Hugh le Brun Earl of March who was a public Enemy to King Iohn in Respect of Isabel his Queen Queen Alienor reduced to great streights by Arthur to whom he had been contracted before he married her They made up together a great Army and made sharp assaults upon the Tower The Queen in this streight [1] Ibid. n. 30. She sends to her Son for speedy relief The French and Poictovins put to flight Arthur and all the Nobility of Anjou and Poictou taken Prisoners sent to her Son passionately pressing him to come to her Relief He marched night and day and came sooner then it was believed he could be there The French and Poictovins went to meet and give him Battel the King put them to flight and pressed so hard upon them as he entred the Castle with them where was a sharp Conflict that was soon ended by the Courage of the English In this Fight were taken 200 French Knights and Duke Arthur with all the Nobles of Poictou and Anjou who were fettered and manacled with Iron and part of them sent into Normandy and part into England Arthur was sent to Falais to be kept safe there The King of France had Besieged the [2] Ibid. n. 40. Castle of Arches and Battered it fifteen days but hearing of Arthurs misfortune he raised the Siege and went to Paris and did nothing more that Year After a short time King Iohn went to [3] Ibid. n. 50 Arthur Demands the Kingdom of England of King John his Uncle Falais and caused his Nephew Arthur to be brought before him Many fair words he gave him and promised him many Honors to quit the King of France and stick to him as his Lord and Vncle but he answered him with Disdain and with threats Demanded the Kingdom of England and all the Dominions King Richard died possessed of as his right of Inheritance and Swore he should never injoy Peace unless he Restored them King Iohn very much troubled at his Demands He is sent Prisoner to Roven and never heard of more sent him to Roven to be made close Prisoner in the new Tower where he suddenly vanished [4] Ibid. f. 208. n. 10. And it presently began to be the Opinion of France and the suspicion of all Transmarine Countries That King Iohn Killed him with his own hands whence many were averted from him and persued him with an irreconcileable Hatred This Year the King caused to be proclaimed [5] Ibid. n. 20. A. D. 1202. A legal Assize of Bread to be observed a legal Assise of Bread to be inviolably observed under pain of Pilloty as it was tryed and approved by the Baker of Geofry Fitz-Peter Justiciary of England and it was to be so as the Bakers might gain in every Quarter three pence Besides the Bran and two Loaves at the Oven and four Half-peny's for four Servants and for two Boys one Farthing and an Allowance for Salt an half-peny and for Yest or Beer-good an Half-peny for Candel a Farthing for Fagots three pence and for Bulter and Sieve an Half-peny And according to this gain and allowance The weight of Bread proportioned to the price of Corn. when Wheat was at six Shillings the