Now it came to pass that one holding as a free tenant of the cellarer, dwelling without the gate, by name Ketel, was charged with theft, and being vanquished in a trial by battle, was hanged. The convent was grieved by the offensive words of the burgesses, who said that if that man had only dwelt within the borough, it would not have come to the ordeal, but that he would have acquitted himself by the oaths of his neighbours, as is the privilege of those who dwell within the borough. Therefore the abbot and the more reasonable part of the convent seeing this, and bearing in mind that the men without the borough as well as those within are ours, and ought all of them in like manner to enjoy the same liberty within the jurisdiction, except the villeins of Hardwick and their like, deliberately took thought with themselves how this could be done.

Thereupon the abbot, being desirous of limiting the offices of the sacristy and the cellary by certain articles, and of quieting all contentions, commanded, as if taking the part of the sacrist, that the servants of the town bailiff and the servants of the cellarer should together enter upon the fee of the cellarer for the purpose of seizing thieves and malefactors, and that the bailiff should have half the profit for their imprisonment and safe keeping and for his pains therein; and that the court of the cellarer should go to the portman-moot, and judge the prisoners in common. It was also ordered that the men of the cellarer should come to the toll-house with the others, and there renew their pledges, and should be inscribed upon the bailiff's roll, and should there give the bailiff that penny which is called borth-selver, whereof the cellarer was to have one half part; but at this time the cellarer receives nothing at all from this. The intent of all this was, that every one should enjoy equal privilege. Nevertheless, the burgesses at this time say, that the dwellers in the outskirts ought not to be quit of toll in market, unless they belong to the merchant's guild. Moreover, the bailiff (the abbot conniving at the matter) now claims for himself the fines and forfeitures accruing from the fee of the cellarer.

The ancient customs of the cellarer, which we have seen, were these: The cellarer had his messuage and barns near Scurun's well, at which place he was accustomed to exercise his jurisdiction upon robbers, and hold his court for all pleas and plaints. Also at that place he was accustomed to put his men in pledge, and to enroll them and to renew their pledges every year, and to take such profit therefor as the bailiff of the town was to take at the portman-moot. This messuage, with the adjacent garden, now in the occupation of the infirmarer, was the mansion of Beodric, who was of old time the lord of this town, and after whom also the town came to be called Beodricsworth. His demesne lands are now in the demesne of the cellarer, and that which is now called averland was the land of his rustics. And the total amount of the holding of himself and his churls was thirty times thirty acres of land, which are still the fields of this town.

The service thereof, when the town was made free, was divided into two parts, so that the sacrist or town bailiff was to receive a free annual payment, namely, for each acre twopence. The cellarer was to have the ploughings and other services, namely, the ploughing of one rood for each acre, without meals (which custom is still observed), and was to have the folds wherein all the men of the town, except the steward, who has his own fold, are bound to put their sheep (which custom also is still observed); and was to have aver-peni, namely, for each thirty acres twopence (which custom was done away with before the decease of abbot Hugh, when Gilbert of Elveden was cellarer).

Furthermore, the men of the town were wont upon the order of the cellarer to go to Lakenheath, and bring back a day's catch of eels from Southrey. They often, indeed, used to return empty-handed, so they had their trouble without any profit to the cellarer. It was therefore settled between them that each thirty acres, from thenceforth, should pay one penny by the year, and the men were to remain at home. But, in fact, at this time, those lands are subdivided into so many parts, that it can hardly be ascertained by whom that annual payment is to be made; so that I have seen the cellarer, in one year, receive twenty-seven pence, but now he can hardly get tenpence halfpenny.

The cellarer was also wont to exercise authority over the ways without the town, so that it was not lawful for any one to dig for chalk or clay without his licence. He also was accustomed to summon the fullers of the town, that they should furnish cloth for his salt. Otherwise he would prohibit them the use of the waters, and would seize the webs he found there; which customs are still observed. Also, whosoever bought corn, or indeed anything from the cellarer, was accustomed to be quit from toll at the gate of the town when he went homewards, wherefore the cellarer sold his produce dearer; which usage is still observed. Also, the cellarer is accustomed to take toll of flax at the time of its carrying, namely, one truss from each load. Also, the cellarer alone ought, or at least used to have, a free bull in the fields of the town; now many persons have bulls.

Also, when any one surrendered his burgage land in alms to the convent, and this was assigned to the cellarer, or other official, that land used, thenceforth, to be quit of haggovele, and most especially so to the cellarer, on account of the dignity of his office, for he is the second father in the monastery, or even as a matter of reverence to the convent, for the estate of those who procure our provisions ought to be favourable. But the abbot says that usage is unjust, because the sacrist loses his service. Further, the cellarer was accustomed to warrant to the servants of the court lodge, that they should be quit of scot and tallage; but now it is not so, for the burgesses say that the servants of the court lodge ought to be quit only so far as they are servants, but not when they hold burgage in the town, and when they or their wives publicly buy and sell in the market.

Also, the cellarer was used freely to take all the dunghills in the street, for his own use, unless it were before the doors of those who were holding averland; for to them only was it allowable to collect dung, and to keep it. This custom gradually lapsed in the time of abbot Hugh until Dennis and Roger of Hingham became cellarers. Being desirous of reviving the ancient custom, they took the cars of the burgesses laden with dung, and made them unload; but a multitude of the burgesses resisting, and being too strong for them, every one in his own tenement now collects his dung in a heap, and the poor sell theirs when and to whom they choose.

The cellarer was also wont to have this privilege in the market of this town, that he and his purveyors should have pre-emption of all the provisions for the use of the convent, if the abbot were not at home. Also, that the purveyors of the abbot, or cellarer, whichever of them first came into the market, should buy first, either the latter without the former, or the former without the latter. But if both were present, then preference was to be given to the abbot. Also, in the season when herrings were sold, the purveyors of the abbot should always buy a hundred herrings at a halfpenny less than other people, and likewise the cellarer and his purveyors. Also, if a load of fish or other provisions should come first into the court lodge, or into the market, and that load should not have been discharged from the horse or from the cart, the cellarer or his purveyors might buy the whole and take it home with them without paying toll. But the abbot Samson commanded his purveyors that they should give preference to the cellarer and his men, because, as he himself said, he had much rather himself go without than his convent. Therefore the purveyors, "in honour preferring one another," if they find there is any one thing to be bought which is not enough for both parties, buy it between them, and divide it, share and share alike, and so between the head and the members, and the father and the sons, there remains an agreement in disagreement.

The poet has said, "Envy aims at the highest," and it is for this reason that I repeat these words, that when some one was perusing this narrative, and while he was reading of so many good acts, he called me a flatterer of the abbot, and a seeker of favour and grace, saying that I had silently suppressed some things which ought not to have been passed by.