They had the right to erect gallows, pillory and tumbrel for the punishment of malefactors. They even had
all issues and amercements, redemptions and forfeitures as well before our [the king’s] heirs and successors, as before the chancellor, treasurer and barons of our exchequer, the justices and commissioners of us, our heirs or successors whomsoever, made, forfeited or adjudged ... of all the people ... in the lordships, lands, tenements, fees and possessions aforesaid[284].
In the eyes of the middle ages justice had one outstanding characteristic: it filled the pocket of whoever administered it. “Justitia magnum emolumentum est,” as the phrase went. All the manifold perquisites of justice, whether administered in her own or in the royal courts, went to the abbess of Syon if any of her own tenants were concerned. It is no wonder that out of a total income of £1944. 11s. 5¼d. the substantial sum of £133. 0s. 6d. was derived from perquisites of courts[285].
Few houses possessed such wholesale exemption from royal justice, but all possessed their manorial courts, at which tenants paid their heriots in money or in kind as a death-duty to the lord, or their fines on entering upon land, and at which justice was done and offenders amerced (or fined as we should now call it). Most houses possessed the right to hold the assize of bread and ale and to fine alewives who overcharged or gave short measure. Some possessed the right to seize the chattels of fugitives, and the abbess of Wherwell was once involved in a law suit over this liberty, which she held in the hundred of Mestowe and which was disputed by the crown officials. One Henry Harold of Wherwell had killed his wife Isabel and fled to the church of Wherwell and the Abbess had seized his chattels to the value of £35. 4s. 8d. by the hands of her reeve[286]. A less usual privilege was that of the Abbess of Marham, who possessed the right of proving the wills of those who died within the precincts or jurisdiction of the house[287]. The courts at which these liberties were exercised were held by the steward of the nunnery, who went from manor to manor to preside at their sittings; but sometimes the head of the house herself would accompany him. Christian Bassett, the energetic Prioress of Delapré (St Albans), not content with journeying up to London for a lawsuit, went twice to preside at her court at Wing[288].
In rather a different class from grants of jurisdictional liberties were special grants of free warren, felling of wood and fairs. Monasteries which possessed lands within the bounds of a royal forest were not allowed to take game or to cut down wood there without a special licence from the crown; but such grants to exercise “free warren” (i.e. take game) and to fell wood were often granted in perpetuity, as an act of piety by the king, or for special purposes. The Abbess of Syon had free warren in all her possessions, and in 1489 it was recorded that the Abbess of Barking had free chase within the bailiwick of Hainault to hunt all beasts of the forest in season, except deer, and free chase within the forest and without to hunt hares and rabbits and fox, badger, cat and other vermin[289]. Grants of wood were more often made on special occasions; thus in 1277 the keeper of the forest of Essex was ordered to permit the Abbess of Barking and her men to fell oak-trees and oak-trunks in her demesne woods within the forest to the value of £40[290], while in 1299 the Abbess of Wilton was given leave to fell sixty oaks in her own wood within the bounds of the forest of Savernake, in order to rebuild some of her houses, which had been burnt down[291]. The grant of fairs and markets was even more common and more lucrative, for the convent profited not only from the rents of booths and from the entrance-tolls, but not infrequently from setting up a stall of its own, for the sale of spices and other produce[292]. Henry III granted the nuns of Catesby a weekly market every Monday within their manor of Catesby and a yearly fair for three days in the same place; and almost any monastic chartulary will provide other instances of such rights[293].
The majority of the special perquisites which have been described would originate in special grants from the Crown; but it must be remembered that every manorial lord could count on certain perquisites ex officio, for which no specific grant was required. For his manor provided him with more than agricultural produce on the one hand and rents and farms on the other. Through the manor court he also received certain payments due to him from all free and unfree tenants, in particular those connected with the transfer of land, the heriot and the fines already mentioned. From unfree tenants he could also claim various other dues, the mark of their status; merchet, when their daughters married off the estate, leyrwite, when they enjoyed themselves without the intermediary of that important ceremony, a fine when they wished to send their sons to school and a number of other customary payments, exacted at the manor court and varying slightly from manor to manor. Moreover the tolls from the water- or wind-mill at which villeins had to grind their corn all went to swell the purse of the lord[294]. This is not the place for a detailed description of manorial rights, which can be studied in any text-book of economic history[295]; a word must, however, be said about the mortuary system, which did not a little to enrich the medieval church.
When a peasant died the lord of the manor had often the right to claim his best animal or garment as a mortuary or heriot, and by degrees there grew up a similar claim to his second best possession on the part of the parish priest.
“It was presumed,” says Mr Coulton, “that the dead man must have failed to some extent in due payment of tithes during his lifetime and that a gift of his second best possession to the Church would therefore be most salutary to his soul”[296].
From these claims, partly manorial and partly ecclesiastical, religious houses benefited very greatly, and their accounts sometimes mention mortuary payments. The Prioress of Catesby in the year 1414-15 records how her live stock was enriched by one horse, one mare and two cows coming as heriots, while she received a payment of 20s. for two oxen coming as heriot of Richard Sheperd[297]. In the chartulary of Marham is recorded a mortuary list of sixteen people, who died within the jurisdiction of the house, and the mortuaries vary from a sorrel horse and a book to numerous gowns and mantles[298]. The system was obviously capable of great abuse, and Mr Coulton considers that it did much to precipitate the Reformation, for the unhappy peasant resented more and more bitterly the greed of the church, which chose his hour of sorrow to wrest from him the best of his poor possessions; it must have seemed hard to him that his horse or his ox should be driven away, if he could not buy it back, to the well-stocked farm of a community which was vowed to poverty, far harder than if his lord were a layman, as free as he was himself to accumulate possessions without soiling the soul. When the parish priest followed the convent with a claim upon what was best, his despair must have grown deeper and his resentment more bitter. It was often difficult to collect these payments, just as it was often difficult to collect tithes, even when a priest was less loth to curse for them than Chaucer’s poor parson. Vicars were obliged to sue their wretched parishioners in the ecclesiastical courts, and monasteries were sometimes fain to commute such payments for an annual rent, collected by the tenants[299]. But the best ecclesiastics recognised that the system was somewhat out of keeping with Christian charity. Caesarius of Heisterbach has a story of Ulrich, the good head of the monastery of Steinfeld, who one day
came to one of his granges, wherein, seeing a comely foal, he enquired of the [lay] brother whose it was or whence it came. To whom the brother answered, “such and such a man, our good and faithful friend, left it to us at his death.” “By pure devotion,” asked the provost, “or by legal compulsion?” “It came through his death,” answered the other, “for his wife, since he was one of our serfs, offered it as a heriot.” Then the provost shook his head and piously answered: “Because he was a good man and our faithful friend, therefore hast thou despoiled his wife. Render therefore her horse to this forlorn woman; for it is robbery to seize or detain other men’s goods, since the horse was not thine before [the man’s death]”[300].