ENGLISH
ECONOMIC HISTORY

SELECT DOCUMENTS

COMPILED AND EDITED BY

A.E. BLAND, B.A., P.A. BROWN, M.A.,
and R.H. TAWNEY, D.Litt.

LONDON
G. BELL AND SONS, LTD.
YORK HOUSE, PORTUGAL STREET, W.C. 2

Seventeenth Impression
First published October, 1914
Printed in Great Britain by Jarrold & Sons, Limited, Norwich

INTRODUCTION

The object of this book is to supply teachers and students of English Economic History with a selection of documents which may serve as illustrations of their subject. It should be read in conjunction with some work containing a broad survey of English economic development, such as, to mention the latest and best example, Professor W.J. Ashley's "The Economic Organization of England."[1] The number of historical "source books" has been multiplied so rapidly in recent years that we ought, perhaps, to apologise for adding one to their number. We ventured to do so because in the course of our work as teachers of Economic History in the University Tutorial Classes organised by the Workers' Educational Association, we found it difficult to refer our students to any single book containing the principal documents with which they ought to be acquainted. That Economic History cannot be studied apart from Constitutional and Political History is a commonplace to which we subscribe; and we are not so incautious as to be tempted into a discussion of what exactly Economic History means. It is sufficient for our purpose that a subject which is called by that name is being increasingly studied by University students, and that while the principal documents of English Constitutional History are available in the works of Stubbs, Prothero, Gardiner and Grant Robertson, there is no book, as far as we know—except Professor Pollard's "The Reign of Henry VII. from Contemporary Sources"—which illustrates English economic development in a similar way. We are far from comparing our own minnow with these Tritons. But it may perhaps do some service till more competent authors take the field. It is hardly necessary for us to apologise for translating our documents into English, and for modernizing the spelling throughout. We are likely not to be alone in thinking that it would be a pity if a passing acquaintance with the materials of mediæval economic history were confined to those who can read Latin and Norman-French.

A word of explanation as to the selection and arrangement of our extracts may perhaps be excused. Our object was not to produce a work of original research, but to help students of economic history to see it more intelligently by seeing it through the eyes of contemporaries. Hence, though a considerable number of our documents are published here for the first time, we have not consciously followed the lure of the unprinted, and have chosen our extracts not because they were new, but because they seemed to illustrate some important aspect of our subject. For the same reason we have not confined ourselves entirely to "documents" in the strict acceptation of that term, but have included selections from such works as Roger of Hoveden, The Libel of English Policy, The Commonweal of this Realm of England, Hakluyt's Voyages, and the Tours of Defoe and Arthur Young, when they seemed to throw light upon points which could not easily be illustrated otherwise. The arrangement of our selections caused us some trouble. It is, perhaps, hardly necessary to urge that a document must be studied with reference to its chronological setting; and the simplest plan, no doubt, would have been to print them in strict chronological order. We felt, however, that the work of all but the more expert readers would be lightened if we grouped them under definite, even if somewhat arbitrary, headings of period and subject, and added short bibliographies of the principal authorities. This seemed to involve the writing of short introductory notes to explain the contents of each section, which we have accordingly done. But no one need read them. No one but students beginning the subject will. If an excuse is needed for stopping with the year 1846, we must plead that to end earlier would have been to omit documents of the first importance for the study of modern economic history, and that to continue further would have caused our book to be even more overburdened than it is at present.

That the attempt to produce in one volume a satisfactory selection of documents to illustrate English Economic History from the Norman Conquest to the Repeal of the Corn Laws can hardly be successful, that we have neglected some subjects—taxation, colonization, and foreign trade—and paid excessive attention to others—social conditions, economic policy, and administration—that every reader will look for a particular document and fail to find it, of all this we are sadly conscious. We are conscious also of a more serious, because less obvious, defect. Partly through a pardonable reaction against the influence of economic theorists, partly because of the very nature of the agencies by which historical documents are compiled and preserved, the natural bias of economic historians is to lay a perhaps excessive stress on those aspects of economic development which come under the eyes of the State and are involved in its activity, and to neglect the humbler but often more significant movements which spring from below, to over-emphasize organisation and to under-estimate the initiative of individuals. If a reader of these selections exclaims on putting them down, "How much that is important is omitted!" we can only confess ourselves in mercy and express the hope that they may soon be superseded.

It remains for us to thank those who have helped us with suggestions and criticisms, or by permitting us to reprint extracts from documents already published. We have to acknowledge the kind permission to reprint documents given to us by the Clarendon Press, the Cambridge University Press, the London School of Economics, the Department of Economics of Harvard University, The Royal Historical Society, The Early English Text Society, the Co-operative Union, Ltd., the Controller of H.M. Stationery Office, the Corporation of Norwich, the Corporation of Nottingham, Messrs. Kegan Paul, Trench and Trübner, Messrs. Duncker & Humblot, Dr. G. von Schanz, Professor G. Unwin, Professor F.J.C. Hearnshaw, The Rev. Canon Morris, Miss M.D. Harris, Mr. and Mrs. J.L. Hammond and Mr. F.W. Galton. Among those who have assisted us with suggestions or in other ways we must mention Mr. Hubert Hall, Mr. M.S. Giuseppi, Mr. S.C. Ratcliff, all of the Public Record Office, The Ven. Archdeacon Cunningham, Mr. W.H. Stevenson, of St. John's College, Oxford, Mr. A. Ballard, Miss Putnam, Mr. R.V. Lennard, of Wadham College, Oxford, Mr. K. Bell, of All Souls' College, Oxford, Mr. H. Clay, Mr. F.W. Kolthammer, Miss O.J. Dunlop, Miss H.M. Stocks, and Mr. and Mrs. J.L. Hammond. For reading our proofs, or part of them, we are indebted to Mr. E. Barker, of New College, Oxford, Mr. C.G. Crump and Mr. C.H. Jenkinson, of the Public Record Office, Dr. Knowles, of the London School of Economics, and Professor G. Unwin, of the University of Manchester.

We desire especially to express our gratitude to Mr. A.L. Smith, of Balliol College, Oxford, to whose encouragement it was largely due that this book was undertaken, and to Professor Unwin, who has not only read through the whole of it in proof, but by his advice and inspiration has laid us under an obligation that we cannot easily acknowledge.

[1] Messrs. Longman Green & Co.

A.E.B.
P.A.B.
R.H.T.

CONTENTS

[PART I: 1000-1485]
SECTION I
[THE EARLY ENGLISH MANOR AND BOROUGH]

SECTION II
[THE FEUDAL STRUCTURE]

SECTION III
[THE JEWS]

SECTION IV
[THE MANOR]

SECTION V
[TOWNS AND GILDS]

SECTION VI
[THE REGULATION OF TRADE, INDUSTRY, AND COMMERCE]

SECTION VII
[TAXATION, CUSTOMS AND CURRENCY]

[PART II: 1485-1660]
SECTION I
[RURAL CONDITIONS]

SECTION II
[TOWNS AND GILDS]

SECTION III
[THE REGULATION OF INDUSTRY BY THE STATE]

SECTION IV
[THE RELIEF OF THE POOR AND THE REGULATION OF PRICES]

SECTION V
[THE ENCOURAGEMENT OF INDUSTRY AND COMMERCE]

[PART III: 1660-1846]
SECTION I
[INDUSTRIAL ORGANISATION AND SOCIAL CONDITIONS]

SECTION II
[AGRICULTURE AND ENCLOSURE]

SECTION III
[GOVERNMENT REGULATION OF WAGES, CONDITIONS OF EMPLOYMENT, AND PUBLIC HEALTH]

SECTION IV
[COMBINATIONS OF WORKMEN]

SECTION V
[THE RELIEF OF THE POOR]

SECTION VI
[FINANCE AND FOREIGN TRADE]

PART I: 1000-1485

SECTION I

THE EARLY ENGLISH MANOR AND BOROUGH

1. Rights and Duties of All Persons [Rectitudines singularum personarum], c. 1000—2. The form of the Domesday Inquest, 1086—3. The borough of Dover, 1086—4. The borough of Norwich, 1086—5. The borough of Wallingford, 1086—6. The customs of Berkshire, 1086—7. Land of the Church of Worcester, 1086—8. The manor of Rockland, 1086—9. The manor of Halesowen, 1086—10. The manor of Havering, 1086.

The task of reconstructing the economic life of Saxon England is not easy, and while the document translated below (No. 1) vividly analyses the obligations and rights of the various classes of tenants and officers on Saxon estates of the eleventh century, it raises many difficulties and is probably only true for the more settled parts of the country. It affords, however, clear proof of a high agricultural and social development; and though the exact significance of specific terms, and the status of different classes, may remain obscure, a comparison of the Rectitudines and the Gerefa[2] with later extents and custumals, and with Domesday Book itself, establishes the essential continuity of English economic life and customs, notwithstanding the shock of the Norman Conquest.

The further study of Domesday Book will undoubtedly yield valuable results supplementing the information derived from Saxon documents. While it is primarily a supreme example of the defining spirit and centralising energy of the conquering race, it is also a permanent record of England before and at the time of the Norman invasion. Especially, perhaps, is this apparent in the detailed descriptions of the boroughs, which at once set forth Saxon customs and illustrate the effects of the Conquest. The extracts given below are intended to show in brief, first, the methods both of the commissioners who conducted the survey, and of the officials who reduced the information to a common form;[3] second, the fiscal preoccupation of the government; third, the origin and character of the early borough, especially manifest in the case of Wallingford (No. 5), and fourth, the different classes of tenants, free and unfree. Of particular interest are the following features: the manner of levying the feudal army (No. 6), the evidence of the looser organisation of the Eastern Counties, and the greater degree of freedom prevailing among tenants in the Danelaw (Nos. 4 and 8), the ample franchises that might be enjoyed by a great Saxon prelate (No. 7), the saltpans of Worcestershire (No. 9), and the gildhall of the burgesses of Dover (No. 3).

AUTHORITIES

The more accessible writers dealing with the subject of this section are:—Kemble, The Saxons in England; Maine, Village Communities in the East and West; Seebohm, The English Village Community; Vinogradoff, Villeinage in England, The Growth of the Manor, and, English Society in the Eleventh Century; Andrews, The Old English Manor; Maitland, Domesday Book and Beyond; Pollock and Maitland, History of English Law; Ballard, The Domesday Boroughs, and, The Domesday Inquest; Round, Domesday Studies, and, The Domesday Manor (Eng. Hist. Rev. xv.); Stubbs, Constitutional History, and, Lectures on Mediæval History; Ellis, Introduction to Domesday Book; Gomme, The Village Community; de Coulanges, Origin of Property in Land; Freeman, The History of the Norman Conquest of England; Petit Dutaillis, Studies Supplementary to Stubbs' Constitutional History.

Almost the whole of Domesday Book has now been translated and is printed county by county in the Victoria County History series.

For a general survey of the Saxon period the student should refer to Cunningham, Growth of English Industry and Commerce, Mediæval Times, pp. 28-133.

1. Rights and Duties of all Persons [Rectitudines Singularum Personarum. Cambridge, Corpus Christi, 383], c. 1000.

The Thegn's Law.—The thegn's law is that he be worthy of his book-right,[4] and that he do three things for his land, fyrdfare,[5] burhbote[6] and bridge-work. Also from many lands a greater land-service arises at the king's command, such as the deer-hedge at the king's abode and provision of warships (scorp to fyrdscipe)[7] and sea-ward and head-ward[8] and fyrd-ward, almsfee and churchscot, and many other diverse things.

The Geneat's Service.—Geneat-service is diverse according to the custom of the estate. On some he must pay land-gafol[9] and grass-swine[10] yearly, and ride and carry and lead loads, work, and feast the lord, and reap and mow and cut the deer-hedge and maintain it, build and hedge the burh,[11] bring strange wayfarers to the tun, pay churchscot and almsfee, keep head-ward and horse-ward, go errands far and near whithersoever he be told.

The Cotter's Service.—The cotter's service is according to the custom of the estate. On some he must work for his lord each Monday throughout the year and for three days each week in harvest. On some he works through the whole harvest every day and reaps an acre of oats for a day's work, and he shall have his sheaf which the reeve or lord's servant will give him.[12] He ought not to pay land-gafol. It bents him to have 5 acres; more, if it be the custom of the estate; and if it be less, it is too little, because his work shall be oft required; he shall pay his hearth-penny on Holy Thursday, as all free men should; and he shall defend his lord's inland,[13] if he be required, from sea-ward and the king's deer-hedge and from such things as befit his degree; and he shall pay his churchscot at Martinmas.

The Gebur's Services.—The gebur's services are diverse, in come places heavy, in others moderate; on some estates he must work two days at week-work at such work as is bidden him every week throughout the year, and in harvest three days at week-work, and from Candlemas[14] to Easter three. If he do carrying, he need not work while his horse is out. He must pay on Michaelmas[15] Day 10 gafol-pence, and on Martinmas[16] Day 23 sesters of barley and two henfowls, at Easter a young sheep or two pence; and from Martinmas to Easter he must lie at the lord's fold as often as his turn comes; and from the time of the first ploughing to Martinmas he must plough an acre every week and himself fetch the seed in the lord's barn; also 3 acres at boonwork and 2 for grass-earth[17]; if he need more grass, he shall earn it as he shall be allowed; for his gafol-earth he shall plough 3 acres[18] and sow it from his own barn; and he shall pay his hearth-penny; two and two they shall feed a hunting-hound; and every gebur shall pay 6 loaves to the lord's swineherd when he drives his herd to mast. On the same lands where the above customs hold good, it belongs to the gebur that he be given for his land-stock[19] 2 oxen and 1 cow and 6 sheep and 7 acres sown on his yardland; wherefore after that year he shall do all the customs that befit him; and he shall be given tools for his work and vessels for his house. When death befals him, his lord shall take back the things which he leaves.

This land-law holds good on some lands, but, as I have said before, in some places it is heavier, in others lighter, for all land-customs are not alike. On some lands the gebur must pay honey-gafol, on some meat-gafol, on some ale-gafol. Let him who keeps the shire take heed that he knows what are the ancient uses of the land and what the custom of the people.

Of those who keep the Bees.—It belongs to the bee-churl, if he keep the gafol-hives, that he give as is customary on the estate. Among us it is customary that he give 5 sesters of honey for gafol; on some estates more gafol is wont to be rendered. Also he must be oft ready for many works at the lord's will, besides boon-ploughing and bedrips[20] and meadow-mowing; and if he be well landed[21], he must have a horse that he may lend it to the lord for carrying or drive it himself whithersoever he be told; and many things a man so placed must do; I cannot now tell all. When death befals him, the lord shall have back the things which he leaves, save what is free.

Of the Swineherd.—It belongs to the gafol-paying swineherd that he give of his slaughter according to the custom of the estate. On many estates the custom is that he give every year 15 swine for sticking, 10 old and 5 young, and have himself what he breeds beyond that. To many estates a heavier swine-service belongs. Let the swineherd take heed also that after sticking he prepare and singe well his slaughtered swine; then is he right worthy of the entrails, and, as I said before of the bee-keeper, he must be oft ready for any work, and have a horse for his lord's need. The unfree swineherd and the unfree bee-keeper, after death, shall be worthy of one same law.

Of the Serf-Swineherd.—To the serf swineherd who keeps the inherd[22] belong a sucking-pig from the sty and the entrails when he has prepared bacon, and further the customs which befit the unfree.

Of Men's Board.—To a bondservant (esne) belong for board 12 pounds of good corn and 2 sheep-carcases and a good meat-cow, and wood, according to the custom of the estate.

Of Women's Board.—To unfree women belong 8 pounds of corn for food, one sheep or 3d. for winter fare, one sester of beans for Lent fare, in summer whey or 1d.

To all serfs belong a mid-Winter feast and an Easter feast, a ploughacre[23] and a harvest handful,[24] besides their needful dues.

Of Followers.[25]—It belongs to the follower that in 12 months he earn two acres, the one sown and the other unsown; he shall sow them himself, and his board and provision of shoes and gloves belong to him; if he may earn more, it shall be to his own behoof.

Of the Sower.—It belongs to the sower that he have a basketful of every kind of seed when he have well sown each sowing throughout the year.

Of the Ox-herd.—The ox-herd may pasture 2 oxen or more with the lord's herd in the common pastures by witness of his ealdorman[26]; and thereby may earn shoes and gloves for himself; and his meat-cow may go with the lord's oxen.

Of the Cow-herd.—It belongs to the cow-herd that he have an old cow's milk for seven days after she has newly calved, and the beestings[27] for fourteen nights; and his meat-cow shall go with the lord's cow.

Of Sheep-herds.—The sheep-herd's right is that he have 12 nights' manure at mid-Winter and 1 lamb of the year's increase, and the fleece of 1 bellwether and the milk of his flock for seven nights after the equinox and a bowlful of whey or buttermilk all the summer.

Of the Goat-herd.—To the goat-herd belongs his herd's milk after Martinmas Day and before that his share of whey and one kid of the year's increase, if he have well cared for his herd.

Of the Cheese-maker.—To the cheese-maker belong 100 cheeses, and that she make butter of the wring-whey[28] for the lord's table; and she shall have for herself all the buttermilk save the herd's share.

Of the Barn-keeper.—To the barn-keeper belong the corn-droppings in harvest at the barn-door, if his ealdorman give it him and he faithfully earn it.

Of the Beadle.—It belongs to the beadle that for his office he be freeer from work than another man, for that he must be oft ready; also to him belongs a strip of land for his toil.

Of the Woodward.—To the woodward belongs every windfall-tree.

Of the Hayward.—To the hayward it belongs that his toil be rewarded with land at the ends of the fields that lie by the pasture meadow; for he may expect that if he first neglects this, to his charge will be laid damage to the crops; and if a strip of land be allowed to him, this shall be by folk-right next the pasture meadow, for that if out of sloth he neglect his lord, his own land shall not be well defended, if it be found so; but if he defend well all that he shall hold, then shall he be right worthy of a good reward.

Land-laws are diverse, as I said before, nor do we fix for all places these customs that we have before spoken of, but we shew forth what is accustomed there where it is known to us; if we learn aught better, that will we gladly cherish and keep, according to the customs of the place where we shall then dwell; for gladly should he learn the law among the people, who wishes not himself to lose honour in the country. Folk-customs are many; in some places there belong to the people winter-feast, Easter-feast, boon-feast for harvest, a drinking feast for ploughing, rick-meat,[29] mowing reward, a wainstick at wood-loading, a stack-cup[30] at corn-loading, and many things that I cannot number. But this is a reminder for men, yea, all that I have set forth above.[31]

[2] See Cunningham, Growth of English Industry and Commerce, i., 570-576.

[3] cf. Dialogus de Scaccario: "Finally, that nothing might be thought lacking, he brought the whole of his far-seeing measures to completion by despatching from his side his wisest men in circuit throughout the realm. The latter made a careful survey of the whole land, in woods and pastures and meadows and arable lands also, which was reduced to a common phraseology and compiled into a book, that every man might be content with his own right and not encroach with impunity on that of another."

[4] The right conferred by his book or charter.

[5] Military service.

[6] Repair of the king's castles or boroughs.

[7] Reading with Leo fyrdscipe for frithscipe. For the difficult word "scorp" cf. Pat. 9 John m. 3. Rex omnibus scurmannis et marinellis et mercatoribus Anglie per mare itinerantibus. Sciatis nos misisse Alanum ... et alios fideles nostros scurimannos ... ad omnes naves quas invenerint per mare arrestandas.

[8] Guard of the king's person.

[9] Rent or tribute. Gafol is sometimes a tax payable to the king, and sometimes a rent or dues payable to the lord.

[10] Payment for pasturing swine.

[11] The lord's house.

[12] This clause appears only in the Latin version.

[13] i.e., Acquit his lord's inland or demesne.

[14] February 2.

[15] September 29.

[16] November 11.

[17] Pasture-land.

[18] i.e., He must plough 3 acres as his rent (gafol).

[19] Outfit.

[20] Reaping at the lord's command.

[21] If he have good land, good, that is, either in quality or quantity or both.

[22] The lord's herd.

[23] An acre for ploughing.

[24] A sheaf from each acre in harvest.

[25] A free but landless retainer.

[26] The reeve (gerefa).

[27] The first milk of a milch-cow after calving.

[28] The residue after the last pressing of the cheese.

2. The Form of the Domesday Inquest [Inquisitio Eliensis, Domesday Book, Additamenta, p. 497], 1086.

Here below is written the inquest of the lands, in what manner the King's barons enquire, to wit, by the oath of the sheriff of the shire, and of all the barons and their Frenchmen and of the whole hundred, of the priest, the reeve, six villeins of each town. Then how the manor is named; who held it in the time of King Edward; who holds it now; how many hides; how many ploughs on the demesne, and how many of the men; how many villeins; how many cotters; how many serfs; how many freemen; how many socmen; how much wood; how much meadow; how many pastures; how many mills; how many fishponds; how much has been added or taken away; how much it was worth altogether; and how much now; how much each freeman or socman there had or has. All this for three periods; to wit, in the time of King Edward; and when King William granted it; and as it is now; and if more can be had therefrom than is had.

[29] A feast on the completion of the hayrick.

[30] Probably a feast at the completion of corn-stacking.

[31] The best printed text is in Liebermann, Die Gesetze der Angelsachsen, I. 444.

3. The Borough of Dover [Domesday Book, I, 1], 1086.

Dover in the time of King Edward rendered 18l., of which money King Edward had two parts and Earl Godwin the third. On the contrary the canons of St. Martin had another moiety.[32] The burgesses gave twenty ships to the King once a year for fifteen days and in each ship were twenty-one men. This they did for that he had fully granted to them sac and soc.[33] When the King's messengers came there, they gave for the passage of a horse 3d. in winter and 2d. in summer. The burgesses, however, found a pilot and one other assistant, and if need were for more, it was hired from the messenger's own money.

From the feast of St. Michael[34] to the feast of St. Andrew[35] the King's truce (that is, peace) was in the town. If any man broke it, the King's reeve received therefor common amends.

Whosoever, dwelling in the town continually, rendered custom to the King, was quit of toll throughout all England.

All these customs were there when King William came to England.

Upon his very first coming to England the town was burned, and therefore the value thereof could not be computed, how much it was worth when the Bishop of Bayeux received it. Now it is valued at 40l., and yet the reeve renders therefrom 54l., that is, to the King 24l. of pence which are twenty in the ounce (ora)[36] and to the Earl 30l. by tale.

In Dover there are 29 messuages, from which the King has lost the custom. Of these Robert of Romney has two, Ralph de Curbespine three, William son of Tedald one, William son of Oger one, William son of Tedold and Robert Niger six, William son of Goisfrid three, in which was the gildhall of the burgesses, Hugh de Montfort one house, Durand one, Ranulf de Columbels one, Wadard six, the son of Modbert one. And all these of these houses avow the Bishop of Bayeux as their protector, donor and grantor.

Of the messuage which Ranulf de Columbels holds, which belonged to an exile (that is, an outlaw), they agree that half the land is the King's, and Ranulf himself has both. Humphrey the Bandylegged (Loripes) holds one messuage wherefrom half the forfeiture was the King's. Roger de Ostreham made a house over the King's water and has held hitherto the King's custom. And the house was not there in the time of King Edward.

At the entry of the port of Dover there is a mill which by great disturbance of the sea shatters almost all ships, and does the greatest damage to the King and the men; and it was not there in the time of King Edward. Touching this the nephew of Herbert says that the Bishop of Bayeux granted to his uncle Herbert son of Ivo that it should be made.

[32] There was clearly a difference of opinion.

[33] Rights and profits of jurisdiction.

[34] September 29.

[35] November 30.

[36] cf. Fleta ii. 12: "Viginti denarii faciunt unciam."

4. The Borough of Norwich [Domesday Book, II, 116], 1086.

In Norwich there were in the time of King Edward 1320 burgesses. Of whom one was so much the King's own (dominicus) that he could not withdraw nor do homage without his licence; whose name was Edstan. He had 18 acres of land and 12 of meadow and 2 churches in the borough and a sixth part of a third; and to one church pertained a messuage in the borough and 6 acres of meadow. This borough Roger Bigot holds of the King's gift. And of 1238 burgesses the King and the Earl had soc and sac[37] and custom; and over 50 Stigand had soc and sac and commendation[38]; and over 32 Harold had soc and sac and commendation; of whom one was so much his own (dominicus) that he could not withdraw nor do homage without his licence. In all they all had 80 acres of land and 20 acres and a half of meadow; and of these one was a woman, Stigand's sister, with 32 acres of land; and between them all they had half a mill and the fourth part of a mill, and still have; and in addition they had 12 acres and a half of meadow which Wihenoc took from them; now Rainald son of Ivo has the same; and in addition 2 acres of meadow which belonged to the church of All Saints; these also Wihenoc took, and now Rainald has them. There is also in the borough a church of St. Martin which Stigand held in the time of King Edward, and 12 acres of land; William de Noiers has it now as part of the fee of Stigand. Stigand also held a church of St. Michael, to which belong 112 acres of land and 6 of meadow and 1 plough. This Bishop William holds, but not of the bishopric. And the burgesses held 15 churches to which belonged in almoin 181 acres of land and meadow. And in the time of King Edward 12 burgesses held the church of Holy Trinity; now the bishop holds it of the gift of King William. The King and the Earl had 180 acres of land. The Abbot has a moiety of the church of St. Lawrence and one house of St. Edmund. This was all in the time of King Edward. Now there are in the borough 665 English burgesses and they render the customs; and 480 bordiers who owing to poverty render no custom. And on that land which Stigand held in the time of King Edward there dwell now 39 burgesses of those above; and on the same land there are 9 messuages empty. And on that land of which Harold had the soke there are 15 burgesses and 17 empty messuages which are in the occupation of the castle. And in the borough are 190 empty messuages in that part which was in the soke of the King and Earl, and 81 in the occupation of the castle. In the borough are further 50 houses from which the King has not his custom.... And in the borough the burgesses hold 43 chapels. And the whole of this town rendered in the time of King Edward 20l. to the King and to the Earl 10l. and besides this 21s. 4d. for allowances and 6 quarts of honey and 1 bear and 6 dogs for bear-[baiting]. And now 70l. king's weight and 100s. by tale as gersum to the Queen and 1 goshawk and 20l. blanch to the Earl and 20s. by tale as gersum to Godric.... Of the burgesses who dwelt in Norwich 22 have gone away and dwell in Beccles, a town of the abbot of St. Edmund, and 6 in Humbleyard hundred, and have left the borough, and in King's Thorpe 1, and on the land of Roger Bigot 1, and under W. de Noies 1, and Richard de Sent Cler 1. Those fleeing and the others remaining are altogether ruined, partly owing to the forfeitures of Earl Ralph, partly owing to a fire, partly owing to the King's geld, partly through Waleram.

In this borough if the bishop wishes he can have one moneyer....

Land of the Burgesses.—In the hundred of Humbleyard always 80 acres and 14 bordiers and 1 plough and 3 acres of meadow; and they are worth 13s. 4d.

The French of Norwich.—In the new borough are 36 burgesses and 6 Englishmen and of yearly custom each one rendered 1d. besides forfeitures; of all this the King had two parts and the Earl the third. Now there are 41 French burgesses on the demesne of the King and the Earl, and Roger Bigot has 50, and Ralph de Bella Fago 14, and Hermer 8, and Robert the crossbowman 5, and Fulcher, the abbot's man, 1, and Isac 1, and Ralph Visus Lupi 1, and in the Earl's bakehouse Robert Blund has 3, and Wimer has 1 ruined messuage.

All this land of the burgesses was on the demesne of Earl Ralph and he granted it to the King in common to make the borough between himself and the King, as the sheriff testifies. And all those lands as well of the knights as of the burgesses render to the King his custom. There is also in the new borough a church which Earl Ralph made, and he gave it to his chaplains. Now a priest of the sheriff, by name Wala, holds it of the King's gift, and it is worth 60s. And so long as Robert Blund held the county, he had therefrom each year 1 ounce of gold.

[37] i.e., Rights of jurisdiction.

[38] i.e., Feudal lordship.

5. The Borough of Wallingford [Domesday Book, I, 56], 1086.

In the borough of Wallingford King Edward had 8 virgates of land, and in these there were 276 haws[39] rendering 11l. of rent (gablo), and those who dwelt there did service for the King with horses or by water as far as Blewbury, Reading, Sutton, Bensington, and to those doing this service the reeve gave hire or corrody not from the king's revenue (censu) but from his own.

Now there are in the borough all customs as there were before. But of the haws there are thirteen less; for the castle eight have been destroyed, and the moneyer has one quit so long as he makes money. Saulf of Oxford has one, the son of Alsi of Farringdon one, which the King gave him, as he says. Humphrey Visdelew has one, for which he claims the King to warranty. Nigel holds one of Henry by inheritance from Soarding, but the burgesses testify that the latter never had it. From these thirteen the King has no custom; and further William de Warenne has one haw from which the King has no custom. Moreover there are 22 messuages of Frenchmen rendering 6s. 5d.

King Edward had 15 acres in which housecarles dwelt. Miles Crispin holds them, they know not how. One of these belongs to[40] (jacet in) Wittenham, a manor of Walter Giffard.

Bishop Walchelin has 27 haws rendering 25s. and they are valued in Brightwell, his manor.

The abbot of Abingdon has 2 acres on which are 7 messuages rendering 4s., and they pertain to Oxford.

Miles has 20 messuages rendering 12s. 10d., and they belong to (jacent in) Newnham, and also one acre on which there are 6 haws rendering 18d. In Hazeley he has 6 messuages rendering 44d. In Stoke one messuage rendering 12d. In Chalgrove one messuage rendering 4d. In Sutton one acre on which there are 6 messuages rendering 12d., and in Bray one acre and 11 messuages rendering 3s. there. All this land pertains to Oxfordshire; nevertheless it is in Wallingford....

Alwold and Godric have the rent (gablum) of their houses and bloodwite if blood is shed there, if the man should be received within them before he be claimed by the King's reeve, except on Saturday owing to the market, because then the King has the forfeiture; and they have the fine for adultery and theft in their houses; but other forfeitures are the King's.

In the time of King Edward the borough was worth 30l. and afterwards 40l.; now 60l. And yet it renders of farm 80l. by tale. What pertains to Adbrei is worth 7s. and the land of Miles Moli 24s. What the abbot of Abingdon has is worth 8s. What Roger de Laci has, 7s. What Rainald has, 4s.

The underwritten thegns of Oxfordshire had land in Wallingford.

Archbishop Lanfranc, 4 houses pertaining to Newington rendering 6s. Bishop Remigius, one house pertaining to Dorchester rendering 12d. The abbot of St. Alban one house rendering 4s. Abbot R. one house in Ewelme rendering 3s.

Earl Hugh, one house in Pyrton rendering 3s.

Walter Giffard, 3 houses in Caversham rendering 2s.

Roger de Olgi, 2 houses in Watlington rendering 2s. and one house in Perie rendering 2s.

Ilbert de Lacy and Roger son of Seifrid and Orgar, 3 houses rendering 4s.

Hugh de Bolebec 3 houses in Crem rendering 3s.

Hugh Grando de Scoca, one house rendering 12d.

Drogo, in Shirburne and in Weston, 3 houses rendering 4s.

Robert Armenteres, in Ewelme, one house rendering 12d.

Wazo, one house in Ewelme rendering 3s.

[39] i.e., Houses.

[40] Or, "is valued in."

6. Customs of Berkshire [Domesday Book, I, 56], 1086.

When geld was given in the time of King Edward in common throughout the whole of Berkshire, a hide gave 3½d. before Christmas and as much at Whitsuntide. If the King sent an army anywhere, from 5 hides went one knight only, and for his food or wages 4s. were given to him from each hide for two months. This money, however, was not sent to the King, but was given to the knights. If anyone summoned for military service went not, he forfeited to the King the whole of his land. And if anyone stayed behind and promised to send another in his place, and yet he who was to be sent stayed behind, his lord was quit for 50s. A thegn or knight of the King's own (dominicus) left to the King at death for relief all his arms and one horse with a saddle and one without a saddle. And if he had hounds or hawks, they were presented to the King, that he might receive them if he would. If anyone killed a man having the King's peace, he forfeited to the King both his body and all his substance. He who broke into a city by night made amends in 100s. to the King, not to the sheriff. He who was warned to beat the woods for hunting and went not, made amends to the King in 50s.

7. Land of the Church of Worcester [Domesday Book, I, 172b], 1086.

The church of St. Mary of Worcester has a hundred which is called Oswaldslaw, in which lie 300 hides, wherefrom the bishop of that church, by a constitution of ancient times, has all the profits of the sokes and all the customs belonging thereto for his own board and for the king's service and his own, so that no sheriff can have any plaint there, neither in any plea nor in any cause whatsoever. This the whole county testifies. These aforesaid 300 hides were of the demesne itself of the church, and if anything thereof had been in any wise demised or granted to any man soever, to serve the bishop therewith, he who held the land granted to him could not retain for himself any custom at all therefrom, save through the bishop, nor could he retain the land save until the completed term which they had determined between themselves, nor could he go anywhither with that land.

8. The Manor of Rockland, Co. Norfolk [Domesday Book, II, 164, 164 b], 1086.

In Rockland Simon holds 3 carucates of land which one freeman, Brode, held in the time of King Edward. Then as now 2 villeins and 12 bordiers.[41] Then 4 serfs, now 1, and 8 acres of meadow; then as now 2 ploughs on the demesne and 1 plough among the men. Wood for 6 swine. Then 4 rounceys,[42] now none. Then 8 beasts, now 5. Then 30 swine, now 15. Then 100 sheep, and now likewise. And in the same [town] the same Simon holds 6 freemen and a half, whom the same Brode had in commendation only; 70 acres of land and 4 acres of meadow; then as now 1 plough and a half. Of these 6 freemen and a half the soke was in the King's [manor of] Buckenham in the time of King Edward, and afterwards, until William de Warenne had it. Then and always they were worth 3l. 10s.

After this there were added to this land 9 freemen and a half, 1 carucate of land, 54 acres, this is in demesne; then as now 9 bordiers and 8 acres of meadow; then as now 6 ploughs, and 2 half mills. The whole of this is [reckoned] for one manor of Lewes and is worth 3l. 11s. Of four and a half of the 9 freemen the soke and commendation was in the King's [manor of] Buckenham in the time of King Edward, and afterwards, until William de Warenne had it, and the whole was delivered in the time of Earl Ralph. The whole is 1 league in length and a half in breadth, and [pays] 15d. of geld.

[41] Cotters.

[42] Horses.

9. The Manor of Halesowen, Co. Worcester [Domesday Book, I, 176], 1086.

Earl Roger holds of the King one manor, Halesowen. There are 10 hides there. On the demesne there are 4 ploughs and 36 villeins and 18 bordiers, 4 "radmans" and a church with 2 priests. Among them all they have 41½ ploughs. There are there 8 serfs and 2 bondwomen. Of this land Roger Venator holds of the Earl one hide and a half, and there he has one plough and 6 villeins, and 5 bordiers with 5 ploughs. It is worth 25s. In the time of King Edward this manor was worth 24l. Now 15l. Olwin held and had in Droitwich a saltpan worth 4s. and in Worcester a house worth 12d.

The same Earl holds Salwarpe, and Urso of him. Elwin Cilt held it. There are 5 hides there. On the demesne there is one plough and 6 villeins, and 5 bordiers with 7 ploughs. There are there 3 serfs and 3 bondwomen and a mill worth 10s. and 5 saltpans worth 60s. Half a league of wood and a park there. In the time of King Edward it was worth 100s. Now 6l. There can be two ploughs more there.

10. The Manor of Havering, Co. Essex [Domesday Book, II, 2 b], 1086.

Hundred of Bintree.—Harold held Havering in the time of King Edward for one manor and for 10 hides. Then 41 villeins, now 40. Then as now 41 bordiers and 6 serfs and 2 ploughs on the demesne. Then 41 ploughs among the men, now 40. Wood for 500 swine, 100 acres of meadow; now one mill, two rounceys and 10 beasts and 160 swine and 269 sheep. To this manor belonged 4 freemen with 4 hides in the time of King Edward, rendering custom. Now Robert son of Corbutio holds 3 hides, and Hugh de Monte Forti the fourth hide, and they have not rendered custom since they have had them. And further the same Robert holds 4 hides and a half which one freeman held at this manor in the time of King Edward; the freeman held also a soke of 30 acres, rendering custom; and now John son of Galeram holds it. And this manor in the time of King Edward was worth 36l., now 40l. And Peter the sheriff received therefrom 80l. of rent and 10l. of gersom.[43] To this manor pertain 20 acres lying in Lochetun, which Harold's reeve held in the time of King Edward; now the King's reeve holds the same, and they are worth 40d.

[43] i.e., Fine.

Section II

THE FEUDAL STRUCTURE

1. Frankalmoin, temp. Hen. II.—2. Knight Service, 1308—3. Grand Serjeanty, 1319—4. Petty Serjeanty, 1329—5. An action on the feudal incidents due from land held by petty serjeanty, 1239-40—6. Free socage, 1342—7. Commutation of a serjeanty for knight service, 1254—8. Commutation of service for rent, 1269—9. Subinfeudation, 1278—10. Licence for the widow of a tenant in chief to marry, 1316—11. Marriage of a widow without licence, 1338—12. Alienation of land by a tenant in chief without licence, 1273—13. Wardship and marriage, 1179-80—14. Grant of an heir's marriage, 1320—15. Wardship, 1337—16. Collection of a carucage, 1198—17. An acquittance of the collectors of scutage of a sum of 10l. levied by them and repaid, 1319—18. Payment of fines in lieu of knight service, 1303—19. The assessment of a tallage, 1314—20. A writ Precipe, c. 1200—21. Articles of enquiry touching rights and liberties and the state of the realm, 1274—- 22. Wreck of sea, 1337.

The general characteristics of feudalism as a system by which the administrative, legislative and judicial functions of the state had their basis in the tenure of land, are well known. In the following documents an attempt has been made to illustrate the development of English feudalism under the direction of a strong central government, which succeeded in controlling the centrifugal force of feudal institutions and in establishing a national administration dependent on the crown and antagonistic to local franchise. By the end of the thirteenth century the crown was firmly entrenched behind well developed courts of permanent officials, having at the same time retained its control of local affairs by preventing the office of sheriff from becoming hereditary; in the sphere of justice, the central courts of King's Bench and Common Pleas, supplemented by the itinerant Justices of Assize and by the energy of the Chancellor in devising new remedies and new legal actions, were slowly but surely undermining the manorial justice of the greater tenants, a process well understood by the framers of Magna Carta; while the creation of Parliament brought into being an institution destined to rival and ultimately to supersede the exclusive claims of the lords, the feudal council, to advise and control the crown. While therefore the worst tendencies of feudalism were neutralised, the sovereign's hold on the land was tightened, and feudal obligations were reduced to a rigid system which persisted until the Civil War of the seventeenth century. The administration of this branch of royal rights, facilitated by the existence of Domesday Book and the rapid development of the Exchequer, was locally in the hands of the sheriffs for a century and a half after the Conquest; but the growth of business, due to the increase of population and the subdivision of the original knights' fees, necessitated the creation of a separate official. Already in the time of Richard I., there appears "the keeper of the king's escheats," and early in the reign of Henry III. the sheriffs are relieved by the two escheators, one on each side of the Trent, who answer directly at the Exchequer, although it is not until the year 17 Edward II. (1323-4) that their accounts are transferred from the Pipe Roll to a separate enrolment.

The office of escheator passed through a period of experimental fluctuation during the first half of the fourteenth century; Edward I. in 1275 temporarily abolished the original two escheatries, dividing the realm into three stewardships with the sheriffs as escheators in each county; Edward II. in 1323 divided the country into ten escheatries,[44] a plan readopted by Edward III. in 1340; between 1332 and 1340 there were five escheators, between 1341 and 1357 the office was held by the sheriffs, though separate patents were issued, while from 1357 onwards the office suffered no change of importance until the Tudor period, when the Court of Wards was established (32 Henry VIII.) and the feodary appears. The functions of the escheator were to take into the king's hand and administer the lands of all tenants in chief and of others whose lands by death, escheat or forfeiture, fell to the crown, to deliver seisin to the heirs, after taking security for the payment of relief, to make partitions of lands among heiresses, to assign dowers to the widows of tenants, and in general to watch over the interests of the crown in all matters of feudal obligation.

The documents given below show the machinery in operation. Instances are given of the different tenures[45] (Nos. 1 to 6), while the uncertainty prevailing in the twelfth century as to the incidents due from land held by serjeanty is illustrated in No. 5. The gradual substitution of a money economy for a feudal economy, which finds expression in scutage (No. 17) and otherwise (No. 18), encouraged an elasticity of tenure which made a change from serjeanty to knight service (No. 7) and from personal service to a rent (No. 8) convenient equally to lord and tenant. The degree to which subinfeudation had commonly proceeded in the thirteenth century is shown in No. 9, and the burden of the feudal incidents is exemplified in Nos. 10 to 15. The ordinary revenues of the Crown from feudal incidents and aids, rents, the profits of justice, and escheats, were never sufficient to meet emergencies, just as the feudal army was inadequate for a protracted campaign, and hence the Crown was forced to resort on the one hand to a universal land-tax (No. 16) or a limited exaction from the crown demesnes (No. 19), and on the other to a tax on the feudal unit, the knight's fee (No. 17); the provisions for the collection of a carucage illustrate the royal determination to exact the uttermost farthing, while the assessment of a scutage was conducted on the modern principle of extracting the money first and settling the liability afterwards. No. 20 is a rare surviving instance of an original writ Precipe issued before Magna Carta, and shows precisely the method of the royal procedure in attracting legal causes to the King's jurisdiction out of the hands of the lord. The section concludes with the important articles of enquiry initiated by Edward I., which led to the compilation of the Hundred Rolls and the proceedings quo warranto, and also set out in detail the King's conception of his sovereignty and of the royal origin of all feudal franchises and liberties (No. 21); while the last document (No. 22) furnishes a curious instance of one of the minor royal rights.

AUTHORITIES

The principal modern writers dealing with the subject of this section are:—Pollock & Maitland, History of English Law; Maitland, Lectures on Constitutional History; Stubbs, Constitutional History; Hazlitt, Tenures of land and customs of manors; Round, Feudal England; Round, The King's Serjeants and Officers of State; Baldwin, Scutage and Knight Service in England; McKechnie, Magna Carta; Freeman, Norman Conquest; Hatschek, Englische Verfassungsgeschichte; Digby, History of the Law of Real Property.

Documentary authorities:—The principal original sources are, The Red Book of the Exchequer (Hall, Rolls Series); The Hundred Rolls (Record Commission), Placita de quo Warranto (Record Commission); Placitorum Abbreviatio (Record Commission); Testa de Nevill (Record Commission),[46] Inquisitions Post Mortem (Record Office Calendars), Feudal Aids (Record Office Calendars).

[44] Besides these ten, the palatinate county of Chester had its own escheator, and the Mayor of London exercised the office in London. Minor escheatries were carved out from time to time.

[45] Unfree tenure is illustrated below in section III., The Manor.

[46] A new edition is in course of preparation.

1. Frankalmoin [Ancient Deeds, B. 4249]. temp. Henry II.

To all sons of Holy Mother Church, present and to come, Roger son of Elyas of Helpstone, greeting. Know ye that I have given and granted and by my present charter confirmed to God and the church of St. Michael of Stamford and the nuns serving God there, for the souls of my father and my mother and for the salvation of my soul and the souls of my ancestors and successors, in free and pure and perpetual alms, 2 acres of land, less 1 rood, in the fields of Helpstone, to wit, 3 roods of land on Peselond between the land of Payn the knight and between the land of Robert Blund, and ½ acre between the land of William Peri and between the land of William son of Ede, and 2 roods between the land of Sir Roger de Torpel, lying on both sides. I have given, moreover, to God and the church of St. Michael and the nuns serving God there, in free and pure and perpetual alms ½d. of rent which John son of Richard of Barnack used to render to me on the day of St. Peter's Chains[47] for a house and for a rood of land in Helpstone. And the aforesaid land and ½d. of rent I, Roger, and my heirs will warrant to the aforesaid nuns against all men and against all women. Witnesses:—Payn of Helpstone, Roger his son, Geoffrey of Lohoum, Geoffrey of Norbury, Walter of Helpstone, Robert son of Simon, Geoffrey son of John, Geoffrey son of Herlewin, Walter of Tickencote, Richard Pec.

[47] August 1.

2. Knight Service [Inquisitions post mortem, Edward II, 2, 19], 1308.

Somerset.—Inquisition made before the escheator of the lord the King at Somerton on 29 January in the first year of the reign of King Edward [II], of the lands and tenements that were of Hugh Poyntz in the county of Somerset on the day on which he died, how much, to wit, he held of the lord the King in chief and how much of others and by what service, and how much those lands and tenements are worth yearly in all issues, and who is his next heir and of what age, by the oath of Matthew de Esse[48] ... Who say by their oath that the aforesaid Hugh Poyntz held in his demesne as of fee in the county aforesaid on the day on which he died the manor of Curry Mallet, with the appurtenances, of the lord the King in chief for a moiety of the barony of Curry Mallet by the service of one knight's fee; in which manor is a capital messuage which is worth 4s. a year with the fruit and herbage of the garden; and there are there 280 acres of arable land which are worth 4l. 13s. 4d. a year at 4d. an acre; and there are there 60 acres of meadow which are worth 4l. 10s. a year at 18d. an acre; and there is there a park the pasture whereof is worth 6s. 8d. a year and not more owing to the sustenance of deer; and the pleas and perquisites of the court there are worth 4s. a year; And there are there 12 free tenants in fee, who render yearly at the feasts of Michaelmas and Easter by equal portions 74s. 8d. for all service; and there are there 16 customary tenants, each of whom holds ½ virgate of land in villeinage, rendering yearly at the said terms by equal portions 4s., and the works of each are worth from the feast of the Nativity of St. John the Baptist[49] to the feast of Michaelmas 2s. a year; and there are there 28 customary tenants, each of whom holds 1 fardel[50] of land in villeinage, rendering yearly at the said terms by equal portions 2s., and the works of each for the same time are worth 12d. Sum of the extent:—22l. 12s. 8d.

Further, the aforesaid jurors say that Nicholas Poyntz, son of the aforesaid Hugh Poyntz, is next heir of the same Hugh and of the age of 30 years and more. In witness whereof the same jurors have set their seals to this inquisition.

The aforesaid Hugh de Poyntz held no other lands or tenements in my bailiwick on the day on which he died, except the lands and tenements in these inquisitions.[51]

[48] And eleven others named.

[49] June 24.

[50] A quarter of a virgate.

[51] A second inquisition is appended.

3. Grand Serjeanty [Inquisitions ad quod damnum, 135, 10], 1319.

Norfolk.—Inquisition made at Bishop's Lynn before the escheator of the lord the King on 30 March in the 12th year of the reign of King Edward, son of King Edward, by Robert de Causton.[52] ... Which jurors say upon their oath that it is not to the damage or prejudice of the lord the King or of others if the lord the King grant to Thomas de Hauvill that he may grant to the venerable father John, bishop of Norwich, a custom called lastage[53] which he has and receives in the port of Bishop's Lynn in the county of Norfolk, to receive and hold to him and his successors, bishops of that place, for ever. Asked of whom that custom is holden in chief, they say, Of the lord the King in chief. Asked also by what service, they say that Thomas de Hauvill holds the manors of Dunton and Rainham and the custom called lastage in the ports of Bishop's Lynn and Great Yarmouth, in the county aforesaid, and Boston, in the county of Lincoln, by grand serjeanty, to wit, by the service of keeping a falcon of the lord the King yearly.[54] Asked how much that custom is worth yearly in the port of Lynn, they say that the aforesaid custom in the aforesaid port of Lynn is worth 16s. according to the true value in all issues yearly. In witness whereof the aforesaid jurors have set their seals to this inquisition at Lynn the day and year abovesaid.

[52] And eleven others named.

[53] Here a toll of ships' ladings.

[54] The service of grand serjeanty was usually more onerous.

4. Petty Serjeanty [Fine Roll, 3 Edward III, m. 5], 1329.

The King to his beloved and faithful, Simon de Bereford, his escheator on this side Trent, greeting. Because we have learned by an inquisition which we caused to be made by you that Nicholaa, who was the wife of Nicholas de Mortesthorp, deceased (defuncta), held on the day on which she died the manor of Kingston Russell with the appurtenances for the term of her life of the gift of William Russel, and that that manor is held of us in chief by the service of counting our chessmen (narrandi familiam scaccarii nostri) in our chamber, and of putting them in a box when we have finished our game; and that the aforesaid Nicholaa held on the day aforesaid the manor of Allington with the appurtenances for the term of her life of Theobald Russel by knight service; and that the aforesaid Theobald, son of the aforesaid William, is William's next heir of the manors aforesaid and of full age: We have taken Theobald's homage for the manor which is thus held of us and have given it back to him. And therefore we command you, that after you have taken security from the aforesaid Theobald for rendering to us a reasonable relief at our Exchequer, you cause the same Theobald to have full seisin of the manor aforesaid with the appurtenances and of the other lands and tenements which the same Nicholaa so held for the term of her life of the inheritance aforesaid in your bailiwick on the day on which she died, and which on account of her death have been taken into our hand, saving the right of every man. Witness the King at Gloucester,

26 September. By writ of privy seal.

5. An Action on the Feudal Incidents due from Lands held by Petty Serjeanty [Bracton's Note-Book, III, 290. No. 1280], 1239-40.

Jollan de Nevill was summoned to shew wherefore without licence of the lord the King he gave in marriage William, son and heir of Randolf son of Robert, who ought to be in the wardship of the lord the King because Randolf held his land of the King by the service of serjeanty, etc. And Jollan comes and says that the aforesaid William held no such land of the lord the King in chief save by the following service, to wit, that he ought to be verger (portare unam uirgam) before the justices in eyre at Lincoln, wherefore it seems to him that no wardship pertains thereof to the lord the King, and he says that at another time he was impleaded by Earl Richard[55] touching that wardship on account of certain land which the same Randolf held of the same Earl, and in such wise that an inquisition was made whereby it was proved that the same Earl had no right in that wardship, and also he says that another inquisition was made between the lord the King and him, Jollan, whereby it was proved that the wardship pertained to Jollan, and the inquisition was delivered to the Chancellor, and he puts himself on that inquisition, and thereof he says that after the wardship remained to him by that inquisition he sold the wardship and marriage forthwith to the Chancellor at Lincoln for 20 marks. And therefore let the inquisition be viewed etc.[56]

[55] Earl of Cornwall, the king's brother.

[56] For the uncertainty prevailing as to the burdens of this tenure in the thirteenth century, cf. Bracton, f. 35b. "Since such services are not done for the king's army or the defence of the country, no marriage or wardship is due therefrom to the chief lord, any more than from socage." But the gloss of this dictum quotes an instance of a justice upholding the claim of a chief lord to the wardship and marriage of the heir of a tenant by petty serjeanty.

6. Free Socage [Fine Roll, 16 Edward III, m. 15], 1342.

The King to his beloved and trusty, Richard de Monte Caniso, his escheator in the counties of Essex, Hertford and Middlesex, greeting. Because we have learned by an inquisition which we caused to be made by you that a tenement with the appurtenances in the parish of St. Clement Danes without the bar of the New Temple, London, which was of Thomas de Crauford, barber, deceased, and which is worth by the year in all issues 6s. 8d. according to the true value of the same, is holden of us in chief in free socage by the service of 18d. a year to be rendered therefrom to us at our Exchequer for all services, and that the wardship of the land and heir of the same Thomas does not pertain to us, because the wardship of such tenements holden of us in form aforesaid ought to pertain to the next friends of the same heirs to whom the aforesaid tenements cannot come by hereditary right, and that John, son of the said Thomas, is next heir of the same Thomas and of the age of fourteen years: We have taken the fealty of the same John due to us from the tenement aforesaid. And therefore we command you that after you have received from the aforesaid John security for rendering to us his reasonable relief at our Exchequer, you deliver to the same John the tenement aforesaid with the appurtenances, which was taken into our hand by reason of the death of the aforesaid Thomas; saving the right of any man. Witness the King at Woodstock, 18 June.

7. Commutation of a Serjeanty for Knight Service [Inquisitions ad quod damnum, 1, 30], 1254.

This is the inquisition made by the oath of James de Northon[57] ... in the presence of the keepers of the pleas of the crown,[58] what damage it would be to the lord the King to grant to his beloved and trusty Adam de Gurdun that for the service which his father used to do to the same lord the King, to wit, of finding a serjeant for the lord the King for 40 days in his army and expedition, for the land which the same Adam and his mother hold of the lord the King by serjeanty in Tisted and Selborne in the county of Southampton, hereafter he do to the lord the King the service of half a knight's fee: Who say that it is not to the damage of the lord the King to grant to Adam de Gurdun that for the service which his father used to do to the lord the King ... he do hereafter the service of half a knight's fee. In witness whereof they have set their seals to this inquisition.

[57] And eleven others named.

[58] The coroners.

8. Commutation of Service for Rent [Inquisitions ad quod damnum, 2, 40], 1269.

Inquisition made before the sheriff on All Souls Day[59] in the 53rd year of the reign of King Henry son of King John, what and what sort of customs and services are due to the lord the King from two virgates of land with the appurtenances which Adam de Ardern holds of the aforesaid lord the King in Colverdon and Walesworth, within the manor of the aforesaid lord the King of Barton without Gloucester, and how much those customs and services are worth yearly in money, if they were converted into money, and whether it would be to the damage of the aforesaid lord the King or to the injury of the manor aforesaid, if the lord the King should grant to the aforesaid Adam that for the customs and services aforesaid he should render to the aforesaid lord the King the value of the same yearly in money; and if it should be to the damage of the lord the King aforesaid or to the injury of the same manor, to what damage and what injury; by the oath of the below written persons, to wit, Philip de Hatherle[60] ... Who say upon their oath that the aforesaid Adam holds of the aforesaid lord the King within the manor aforesaid in Colverdon a virgate of land with the appurtenances and renders 10s. a year to the lord the King, and another virgate of land with the appurtenances in Walesworth and renders 20s. to the same lord the King, and for the aforesaid two virgates of land he owes suit to the court of the lord the King at the Barton aforesaid, and it is worth 2s. a year, and he shall carry writs within the county and shall have no answering of the aforesaid writs, and it is worth 2s. a year, and he ought to be tallaged for the two virgates of land aforesaid, when tallage is imposed, at the will of the lord the King. And if the aforesaid lord the King should grant to the aforesaid Adam to hold the aforesaid land for the aforesaid service,[61] it would not be to the damage of the lord the King nor to the injury of the manor aforesaid.

[59] November 2.

[60] And twelve others named.

[61] i.e., for the money-payments specified above.

9. Subinfeudation [Rotuli Hundredorum, II, 350], 1278

Township of Thornborough.—The abbot of Biddlesdon holds 6 hides of land and a virgate in Thornborough, to wit, of John de Hastings one hide of land, and John himself holds of Sir John son of Alan, and Sir John himself holds of the lord the King in chief.

Again, the said abbot holds a half hide of land and a virgate of Alice daughter of Robert de Hastings, and she holds of Sir John son of Alan, and he holds of the King in chief, and the said abbot renders to the said Alice 30s. a year.

Again, the same abbot holds of Hugh de Dunster 2½ hides of land and a virgate, and renders for the said land to the nuns of St. Margaret of Ivinghoe 40s. a year, and maintains the chapel of Butlecote for the aforesaid land. And Hugh held of John de Bello Campo a hide and a virgate of land, rendering to John de Bello Campo 4d. a year, and John himself holds of Sir John son of Alan, and he holds of the lord the King in chief.

Again the same abbot holds of the gift of Roger Foliot a half hide and a virgate, and Roger himself held of Reynold de Fraxino, and Reynold held of John son of Alan, and he of the lord the King in chief.

Again, the same abbot holds of the gift of William de Fraxino and his ancestors a hide of land, and they held of John son of Alan, and he of the lord the King in chief.

And it is to be known that all the aforesaid land used to render foreign service,[62] except the land which the said abbot has of the gift of John de Hastings and Alice daughter of Robert de Hastings, but John son of Alan and his heirs will acquit the said abbot towards the lord the King and all other men, to wit, of the ward of Northampton, of scutage, of a reasonable aid to make the king's son a knight and to marry his daughter, for ever, and of all services pertaining to them.[63]

[62] i.e., service due to the King, a permanent burden upon the land. See Bracton, f. 36. "Item sunt quedam servitia que dicuntur forinseca ... quia pertinent ad dominum regem ... et ideo forinsecum did potest quia fit et capitur foris sive extra servitium quod fit domino capitali."

[63] The process of subinfeudation was brought to an end by the Statute of Quia Emptores, 1290. "Our lord the king ... has ... enacted that henceforth it be lawful for any freeman to sell his land or tenement or any part thereof at his pleasure, so always that he who is enfeoffed thereof hold that land or tenement of the same chief lord, and by the same services and customs, whereby the enfeoffor formerly held them."

10. Licence for the Widow of a Tenant in Chief To Marry [Fine Roll, 10 Edward II, m. 19], 1316.

The King to all to whom etc. greeting. Know ye that by a fine of 100s. which our beloved John de la Haye has made with us for Joan, who was the wife of Simon Darches, deceased, who held of us in chief as of the honour of Wallingford, we have given licence to the same Joan that she may marry whomsoever she will, provided that he be in our allegiance. In witness whereof etc. Witness the King at Westminster, 11 July.

11. Marriage of a Widow without Licence [Fine Roll, 12 Edward III, m. 26], 1338.

The King to his beloved and trusty, William Trussel, his escheator on this side Trent, greeting. Whereas Millicent, who was the wife of Hugh de Plescy, deceased, who held of us in chief, who (que) lately in our Chancery took a corporal oath that she would not marry without our licence, has now married Richard de Stonley without having obtained our licence hereon: We, refusing to pass over such a contempt unpunished, and wishing to take measures for our indemnity in this behalf, command you that without delay you take into our hand all the lands and tenements which the aforesaid Richard and Millicent hold in Millicent's dower of the inheritance of the aforesaid Hugh in your bailiwick; so that you answer to us at our Exchequer for the issues forthcoming thence, until we deem fit to order otherwise thereon. Witness the King at the Tower of London, 6 May. By the King.

12. Alienation of Land by a Tenant in Chief without Licence [Fine Roll, 1 Edward I, m. 7], 1273.

Order is made to the sheriff of Hereford that without delay he take into the King's hand the manor of Dilwyn, which Edmund, our[64] brother, holds of the King in chief, and which he has now alienated to John Giffard without the King's licence; and that he keep it safely until the King make other order thereon, so that he answer to the King at the King's Exchequer for the issues arising therefrom. Given as above [at St. Martin le Grand, London, 5 October]. By the King's council.

[64] i.e., the King's brother. The enrolling clerk confuses the first person of the original writ with the third person of the enrolment formula.

13. Wardship and Marriage [Pipe Roll, 26 Henry II, Rot. 5, m. 2d.], 1179-80.

Otto de Tilli renders account of 400l. to have the wardship of the land of his grandson; and let his daughter be given [in marriage] at the King's will. In the treasury are 100l. And he owes 300l.

Adam son of Norman and William son of Hugh de Leelai render account of 200 marks for marrying the daughter of Adam with the son of William, with the King's good will. In the treasury are 50 marks. And they owe 100l.

14. Grant of an Heir's Marriage [Fine Roll, 13 Edward II, m. 3], 1320.

The King to all to whom etc., greeting. Know ye that by a fine of 6l. which our beloved clerk, Adam de Lymbergh, has made with us, we have granted to him the marriage of John, son and heir of Joan de Chodewell, deceased, late one of the sisters and heirs of Philip le Brode, deceased, who held of us in chief, which John is under age and in our wardship; to hold without disparagement.[65] In witness whereof etc. Witness the King at Odiham, 26 March. By the council.

And command is given to Richard de Rodeney, the King's escheator on this side Trent, that he deliver to the same Adam the body of the heir aforesaid, to be married in the form aforesaid. Witness as above.

[65] i.e., The heir is not to be married below his rank. cf. Magna Carta, 6. "Heirs shall be married without disparagement, so that before a marriage be contracted, the near kindred of the heir shall be informed thereof."

15. Wardship [Fine Roll, 11 Edward III, m. 18], 1337.

The King to his beloved and trusty, William Trussel, his escheator on this side Trent, greeting. We command you, straitly enjoining, that forthwith, on view of these presents, you cause the body of the heir of Roger de Huntyngfeld, deceased, who held of us in chief, wheresoever and in whosesoever hands it be found in your bailiwick, to be seized into our hand and to be sent to us without delay, wheresoever we shall be in England, to be delivered to us or to him whom we shall depute as guardian of the said heir: and that you in no wise neglect this, as you will save yourself harmless against us. Witness the King at the Tower of London, 2 September.

By letter of the secret seal.

16. The Collection of a Carucage [Roger of Hoveden, Rolls Series, iv. 46], 1198.

In the same year Richard, King of England, took an aid of 5s. from every carucate of land or hide, of the whole of England, for the collection whereof the same King sent throughout every county of England a clerk and a knight, who, together with the sheriff of the county to which they were sent, and with lawful knights elected hereto, after taking oath faithfully to execute the King's business, summoned before them the stewards of the barons of that county and from every town the lord or bailiff of that town and the reeve with four lawful men of the town, whether freemen or unfree (rusticis), and two of the more lawful knights of the hundred, who swore that they would faithfully and without deceit say how many ploughlands (carucarum wannagia) there were in every town, to wit, how many in demesne, how many in villeinage, how many in alms granted to men of religion, which the grantors or their heirs are bound to warrant or acquit, or wherefrom men of religion ought to do service; and by command of the King they put on each ploughland first 2s. and afterwards 3s.; and all these things were reduced to writing; and the clerk had thereof one roll, and the knight a second roll, the sheriff a third roll, the steward of the barons a fourth roll of his lord's land. This money was received by the hands of two lawful knights of each hundred and by the hand of the bailiff of the hundred; and they answered therefor to the sheriff, and the sheriff answered therefor by the aforesaid rolls at the Exchequer before the bishops, abbots and barons appointed hereto. And for the punishment of any jurors who should conceal aught in this business contrary to their oath, it was decreed that any unfree man convicted of perjury should give to his lord his best plough-ox, and moreover should answer from his own property, to the use of the lord the King, for as much money as he should be declared to have concealed by his perjury; and if a freeman should be convicted, he should be at the King's mercy, and moreover should refund from his own property, to the use of the lord the King, as much as should be concealed by him, like the unfree man. It was also decreed that every baron together with the sheriff should make distraints upon his men; and if through default of the barons distraints were not made, that which should remain to be rendered by their men should be taken from the demesne of the barons, and the barons themselves should have recourse to their men for the same. And the free fees of parish churches were excepted from this tallage. And all escheats of barons, which were in the hand of the lord the King, paid their share. Serjeanties, however, of the lord the King, which were not of knights' fees, were excepted; nevertheless a list was made of them and of the number of carucates of land and the value of the lands and the names of the serjeants, and all those serjeants were summoned to be at London on the octave of the Close of Pentecost, to hear and execute the command of the lord the King. And those who were elected and appointed to execute this business of the King decreed, by the valuation of lawful men, 100 acres of land to each ploughland.

17. An Acquittance of the Collectors of Scutage of a sum of 10l. levied by them and repaid [Chancery Miscellanea, 1, 18, 9], 1319.

To all Christ's faithful to whom the present letters shall come, John de Twynem, receiver of the money of the lord John of Brittany, earl of Richmond, in the barony of Hastings, greeting in the Lord. Know ye that, whereas John Fillol and William de Northo were appointed[66] to collect and levy in the counties of Surrey and Sussex the scutage of the lord the King of the armies of Scotland of the twenty-eighth, thirty-first and thirty-fourth years of the reign of King Edward, father of King Edward that now is, and afterwards by command of the lord the King were appointed[67] to pay to the said lord John of Brittany, earl of Richmond, the scutage of the tenants of the barony aforesaid of the aforesaid thirty-first and thirty-fourth years, I have received of the aforesaid John Fillol and William de Northo by the hands of the said John to the use of the said lord John of Brittany, earl of Richmond, 10l. for the scutage of five knights' fees in Wartling, Cowden and Socknersh, of the aforesaid thirty-fourth year; of which 10l. I will acquit the aforesaid John and William, their heirs and executors, and save them harmless, against the said earl and others whomsoever. In witness whereof I have set my seal to these presents. Given at Lympne, 12 September, at the beginning of the thirteenth year of the reign of the King abovesaid.[68]

[66] Fine Roll, 8 Edward II., m. 19.

[67] Scutage Roll, 8-11 Edward II., mm. 2. l.

[68] Scutage was imposed on all tenants of knights' fees, but might be reclaimed by the lord if he did the service due.

18. Payment of Fines in Lieu of Knight Service [Patent Roll, 31 Edward I, m. 12d], 1303.

The King to the sheriff of York, greeting. Though we lately commanded you that you should cause to be summoned archbishops, bishops, abbots, priors and other ecclesiastical persons, and also widows and other women of your bailiwick, who hold of us in chief by knight service or by serjeanty, or hold of the guardianships of archbishoprics and bishoprics or other guardianships or wardships in our hand, that they should have at our side on the feast of Whitsunday next coming at Berwick-upon-Tweed their whole service due to us, well furnished with horses and arms, and ready to march with us and with others our faithful against the Scots, our enemies; wishing, however, on this occasion graciously to spare the labours of the same prelates, religious persons, women and others, who are unskilled in or even unfit for arms, we command you, straitly enjoining, that forthwith on sight of these presents, in full county-court and none the less in market towns and elsewhere throughout the whole of your bailiwick where you shall deem most expedient, you cause it to be publicly proclaimed that the same prelates, religious persons, women and others insufficient or unfit for arms, who owe us their service and are willing to make fine with us for the same service, come before our treasurer and barons of the Exchequer on the morrow of the Ascension of the Lord next coming, or sooner, if they can, at York, or then send some one thither on their behalf, to make fine with us for their service aforesaid, and to pay the same fine to us on the same morrow, to wit, 20l. for a knight's fee and otherwise in proportion to their knight service or serjeanty due to us in this behalf; or else that they be at our side on the aforesaid feast of Whitsunday with horses and arms, and the whole of their service, as they are bound; and that you have this writ at our said Exchequer on the morrow abovesaid. Witness the King at Laneham, 16 April.

19. The Assessment of a Tallage [Patent Roll, 8 Edward II, p. 1, m. 14, schedule], 1314.

The King to his beloved and faithful, Hervey de Stanton, Henry le Scrop, John de Merkingfeld and Ralph de Stokes, greeting. Whereas in the sixth year of our reign we caused our cities, boroughs and demesnes throughout England to be tallaged, and certain our lieges to be appointed in the counties of our realm to assess our tallage in our cities, boroughs and demesnes, separately by heads or in common, as they should deem the more expedient for our advantage, and that tallage for certain causes yet remains to be assessed in our city of London: We appoint you to assess that tallage in the city aforesaid and the suburb of the same separately by heads or in common, as you shall deem the more expedient for our advantage. And therefore we command you that without delay you go to the city aforesaid and the suburb of the same to assess the said tallage according to the means of the tenants of the same city and suburb, to wit, from their moveables a fifteenth and from their rents a tenth, so that that tallage be assessed as soon as possible, and the rich be not spared nor the poor burdened overmuch in this behalf; and that after that tallage be assessed in the form aforesaid, you deliver estreats thereof under your seals without delay to our sheriffs of London separately for that tallage to be levied without delay and paid to us at our Exchequer; and that you apply such diligence upon the expedition of the premises that we may deservedly commend you thereupon, in no wise omitting to appear at the Exchequer aforesaid as soon as you conveniently can to certify our treasurer and barons of the Exchequer aforesaid of that which you shall have done in the premises; for we have commanded our sheriffs of the city aforesaid that when they be forewarned by you, three or two of you, they cause to come before you, three or two of you, all those of the city and suburb aforesaid whom they shall deem necessary for the said tallage, and that they be aiding and attending to you hereon, as you shall enjoin upon them on our behalf. In witness whereof, etc. Witness the King at Spalding, 24 October, in the eighth year.

20. A Writ Precipe [Chancery Files], c. 1200.

G. Fitz Peter,[69] earl of Essex, to the sheriff of York, greeting. Command (precipe) Ralph de Nevill justly and without delay to render to Robert, son of Richard de Haverford, Fivelay and Moseton and Sloxton with the appurtenances which the same Robert claims to be his right and inheritance, and whereof he complains that Ralph unjustly deforces him; and if he refuse and Robert give us security to prosecute his claim, summon the same Ralph by good summoners to be before us at Westminster on the quinzaine of Michaelmas to show wherefore he does it not; and have there the summoners and this writ. Witness H. Bard at Shoreham, 21 June.[70]

21. Articles of Enquiry touching Rights and Liberties and the State of the Realm, 2 Edward I.[71] [Patent Roll, 2 Edward I., m. 6], 1274.

How many and what demesne manors the King has in his hand in every county, as well, to wit, of ancient demesnes of the crown, as of escheats and purchases.

Also what manors used to be in the hands of Kings, the King's predecessors, and who hold them now and by what warrant and from what time, and by whom and in what manner they were alienated.

Also touching fees of the lord the King, and his tenants who now hold them of him in chief, and how many fees each of them holds, and what fees used to be holden of the King in chief and are now holden by a mesne lord, and by what mesne, and from what time they have been alienated, and how and by whom.

Also touching the lands of tenants of the ancient demesne of the crown, as well free sokemen as bond, whether [holden] by bailiffs or by the same tenants, and by what bailiffs and by what tenants, and by whom they have been alienated, how and at what time.

In like manner let enquiry be made touching the farms of hundreds, wapentakes and ridings, cities, boroughs and other rents whatsoever, and from what time [they have been alienated].

Also how many hundreds, wapentakes and ridings are now in the hand of the lord the King, and how many and what are in the hands of others, and from what time and by what warrant, and how much each hundred is worth yearly.

Touching ancient suits, customs, services and other things withdrawn from the lord the King and his ancestors, who have withdrawn them and from what time, and who have appropriated to themselves such suits, customs and other things pertaining to the lord the King and accustomed, and from what time and by what warrant.

Also what other persons claim from the King to have the return and estreats of writs, and who hold pleas of replevin,[72] and who claim to have wreck of sea,[73] by what warrant, and other royal liberties, as gallows, assizes of bread and ale, and other things that pertain to the crown, and from what time.

Also touching those who have liberties granted to them by Kings of England and have used them otherwise than they ought to have done, how, from what time, and in what manner.

Again, touching liberties granted which hinder common justice and subvert royal power, and by whom they were granted, and from what time.

Further, who have newly appropriated to themselves free chaces or warrens without warrant, and likewise who have had such chaces and warrens from of old by grant of the King, and have exceeded the bounds and metes thereof, and from what time.

Also what lords or their stewards or bailiffs whosoever or also the ministers of the lord the King have not suffered execution of the commands of the lord the King to be made, or also have contemned to do them or in any wise hindered them from being done, from the time of the constitutions made at Marlborough in the 52nd year of the reign of the lord King Henry, father of the King that now is.

Again, touching all purprestures[74] whatsoever made upon the King or the royal dignity, by whom they have been made, how, and from what time.

Touching knights' fees of every fee soever, and land or tenements given or sold to religious or others to the prejudice of the King, and by whom, and from what time.

Touching sheriffs taking gifts for consenting to conceal felonies done in their bailiwicks, or who have been negligent in attaching such felons by any favour, as well within liberties as without; and in like manner touching clerks and other bailiffs of sheriffs, touching coroners and their clerks and bailiffs whomsoever, who have so done in the time of the lord King Henry after the battle of Evesham, and in the time of the lord the King that now is.

Touching sheriffs and bailiffs whomsoever taking gifts for removing recognitors from assizes and juries, and from what time.

Again, touching sheriffs and bailiffs whomsoever who have amerced for default those who were summoned to inquisitions made by command of the lord the King, when by the same summons sufficient persons came to make such inquisitions, and how much and from whom they have taken for the cause aforesaid, and at what time.

Again, touching sheriffs who have delivered to bailiffs, extortionate and burdensome to the people beyond measure, hundreds, wapentakes or ridings at high farms, that so they might raise their farms; and who were those bailiffs and on whom such damages were inflicted, and at what time.

Again, when sheriffs ought not to make their tourn save twice a year, who have made their tourn more often in a year, and from what time.

Again, when fines for redisseisin or for purprestures made by land or water, for hiding of treasure and for other such things, pertain to the lord the King, and sheriffs ought to attach the same, who have taken such fines, and from whom and how much.

Again, who by the power of their office have troubled any maliciously and hereby extorted lands, rent or other payments, and from what time.

Who have received command of the lord the King to pay his debts and have received from the creditors any portion for paying them the residue, and nevertheless have caused the whole to be allowed them in the Exchequer or elsewhere, and from what time.

Who have received the King's debts or part of his debts and have not acquitted the debtors, as well in the time of the lord King Henry as in the time of the lord the King that now is.

Who have summoned any to be made knights and have received bribes from them to have respite, and how much and at what time. And if any great men or others without the King's command have distrained any to take up arms, and at what time.

Again, if any sheriffs or bailiffs of any liberty soever have not made summons in due manner according to the form of the writ of the lord the King, or have otherwise fraudulently or insufficiently executed the royal commands through prayer, price or favour, and at what time.

Again, touching those who have had approvers[75] imprisoned and have caused them to appeal[76] loyal and innocent persons for the sake of gain, and sometimes have hindered them from appealing guilty persons, and from what time.

Again, who have had felons imprisoned and permitted them for money to depart and escape from prison free and unpunished, and who have extorted money for dismissing prisoners by plevin,[77] when they have been replevied, and from what time.

Again, who have received any gifts or bribes for exercising or not exercising or executing their offices, or have executed the same or exceeded the limits of the King's command otherwise than pertained to their office, and at what time.

And let all these things be enquired of, as well in the case of sheriffs, coroners, their clerks and bailiffs whomsoever, as in the case of lords and bailiffs of liberties whatsoever.

Again, what sheriffs or keepers of castles or manors of the lord the King, for any [works], or also what surveyors of such works wheresoever made by the King's command, have accounted for a greater sum in the same than they have reasonably spent and hereupon have procured false allowances to be made to them. And likewise who have retained or moved away to their own use stone, timber or other things bought or purveyed for such works, and what and how much damage the lord the King has had thence, and at what time.

Touching escheators and subescheators, during the lord the King's seisin, doing waste or destruction in woods, parks, fishponds, warrens within the wardships committed to them by the lord the King, how much, and in the case of whom, and in what manner and at what time.