English Economic History: Select Documents. Various

sort thereof, which could be demanded by actions by reason of the Jewry from any Christians of our realm for any times whatsoever; wishing that nothing be in any wise demanded from the Christians aforesaid by reason of the debts aforesaid, save only the principal sums which they received from the Jews aforesaid; the amount of which debts we will that the Christians aforesaid verify before you by the oath of three good and lawful men by whom the truth of the matter may the better be known, and thereafter pay the same to us at terms convenient to them to be fixed by you. And therefore we command you that you cause our said grace so piously granted to be read in the aforesaid Exchequer, and to be enrolled on the rolls of the same Exchequer, and to be straitly kept, according to the form above noted. Witness myself at King's Clipstone on the 5th day of November in the eighteenth year of our reign.

      [90] Printed in Selden Society Publications, Vol. 15, p. xl.

SECTION IV

       Table of Contents

      THE MANOR

      1. Extent of the manor of Havering, 1306–7—2. Extracts from the Court Rolls of the manor of Bradford, 1349–58—3. Deed illustrating the distribution of strips, 1397—4. Regulation of the common fields of Wimeswould, c. 1425—5. Lease of a manor to the tenants, 1279—6. Grant of a manor to the customary tenants at fee farm, ante 1272—7. Lease of manorial holdings, 1339—8. An agreement between lord and tenants, 1386—9. Complaints against a reeve, 1278—10. An eviction from copyhold land, temp. Hen. IV.-Hen. VI.—11. Statute of Merton, 1235–6—12. An enclosure allowed, 1236–7—13. An enclosure disallowed, 1236–7—14. A villein on ancient demesne dismissed to his lord's court, 1224—15. Claim to be on ancient demesne defeated, 1237–8—16. The little writ of right, 1390—17. Villeinage established, 1225—18. Freedom and freehold established, 1236–7—19. A villein pleads villeinage on one occasion and denies it on another, 1220—20. An assize allowed to a villein, 1225—21. A freeman holding in villeinage, 1228—22. Land held by charter recovered from the lord, 1227—23. The manumission of a villein, 1334—24. Grant of a bondman, 1358—25. Imprisonment of a gentleman claimed as a bondman, 1447—26. Claim to a villein, temp. Hen. IV.-Hen. VI.—27. The effect of the Black Death, 1350—28. Accounts of the iron-works of South Frith before and after the Black Death, 1345–50.—29. The Peasants' Revolt, 1381.

      The attempt to find an inclusive definition of the manor, true alike for every century and for all parts of the country, involves a risk of divorcing the institution from its historical associations, and of depriving it of its social and economic significance. The typical manor exists only in theory, actual manors being continuously modified by the inevitable changes due to the growth of population and commercial expansion. Such modifications of economic structure proceeded with great rapidity between the Conquest and the beginning of the fourteenth century. A comparison of the neat simplicity of the royal manor of Havering in Domesday Book (Section I., No. 10) with its highly complex organisation in the time of Edward I. (below, No. 1), reveals an extraordinary development; the 10 hides, 40 villeins and 40 ploughs of the one are represented by the 40 virgates of the other, but the elaborate hierarchy of tenants in the later survey throws into strange relief the primitive customary nucleus and gives it the appearance already of an archaic survival. It is reasonable to assume that the generation which immediately followed the Conquest witnessed a crystallisation of custom, which preserved untouched for centuries the lord's demesne and the common fields; while on the other hand the colonisation of the waste by progressive enclosures slowly altered the social balance, emphasising the disabilities of the villein class and widening the gulf between lord and customary tenant. The economic position of the customary tenants was becoming worse by the operation of natural laws, for not only was the subdivision of the virgates reaching its limits, but common rights were being continuously diminished by enclosure. Large numbers of the Havering virgaters in 1307 were occupying quite small holdings, while the purprestures, or encroachments on the waste, were becoming formidable. These considerations suggest that early manorial history can best be studied by investigations into the extent of enclosure in the twelfth and thirteenth centuries, and that concentration on the unprogressive nucleus of the manor, on villeinage and customary tenure, may well blind the student to the greater economic significance of the developments outside the common fields. It thus appears probable that the visitation of the Black Death will fall into place as an incident rather than an epoch.

      The documents given below attempt to illustrate manorial history in both its praedial and its personal aspects. The essential features of the manor, in its legal aspect, namely, the customary court, customary tenure, and customary services, are shown in the Extent (No. 1) and the extracts from a Court Roll (No. 2), while the common-field system and the distribution of strips appear in Nos. 3 and 4. The commutation of service for rent (Nos. 1, 8, 9) and the transition from customary to leasehold tenure (Nos. 7, 10) show natural forces at work undermining the traditional economy; while the leasing of customary holdings (No. 7) or of a whole manor to all the tenants in common (No. 5) or to a farmer (No. 10), the grant of manors to the tenants at fee farm in perpetuity (No. 6), and the enclosure of waste (Nos. 1, 11, 12, 13), illustrate the wide range of variety possible in the actual management of the agricultural unit. There appears to be little doubt that the villeins suffered a considerable depression as the result of the Norman Conquest; their refusal, however, to acquiesce permanently in the changed conditions is clear from their continued efforts to rise out of their disabilities and to improve their social and economic status, a movement which begins by the attempts of individuals to climb in the scale by flight (No. 2), by claims to be on the king's ancient demesne (Nos. 14, 15), and by the bringing of actions before the justices of assize, a procedure open only to freemen (Nos. 17–22), and gathers force in the fourteenth century until it culminates in the "great fellowship" which organised a self-conscious class revolt throughout the country (No. 29). No. 16 is an instance of the little writ of right, one of the privileges of the favoured tenants on ancient demesne. Manumission was always a possible method of achieving freedom (No. 23), and it may be that the grant of a bondman (No. 24) was a stage in the process of emancipation. Manumission became common at a time when the demand for English wool was encouraging pasture at the sacrifice of tillage, but even in the fifteenth century men might suffer atrocious ignominy through the imputation of villeinage (Nos. 25, 26). The dislocation caused by the Black Death is dramatically illustrated in the Court-Roll (No. 2), the letter from the abbot of Selby (No. 27), and the accounts of the South Frith iron-works in the year before and the year after the first visitation (No. 28); it is to be noted, in the latter document, that for the years 1347–8 and 1348–9 there are no accounts extant at all.

      AUTHORITIES

      The principal modern writers dealing with the subject in this section are:—Pollock and Maitland, History of English Law; Vinogradoff, Villeinage in England; Ashley, The Character of Villein Tenure (English Historical Review, VIII.); Rogers, History of Agriculture and Prices; Rogers, Six Centuries of Work and Wages; Maitland, History of a Cambridgeshire Manor; Bateson, Mediæval England; Vinogradoff, Oxford Studies in Social and Legal History, II.; Hone, The Manor and Manorial Records; Elton, Custom and Tenant Right; Gasquet, The Great Pestilence; Little, The Black Death in Lancashire (English Historical Review, V.); Oman, The Great Revolt; Powell, The Rising in East Anglia in 1381.

      Documentary authorities:—Durham Halmote Rolls (Surtees Society); Custumals of Battle Abbey (Camden Society); Boldon Book Survey of Possessions of the See of Durham (Surtees Society); Select Pleas in Manorial Courts (Maitland, Selden Society); The Court Baron (Maitland & Baildon, Selden Society); Cartulary of Ramsey Abbey (Rolls Series); Inquisition of Manors of Glastonbury Abbey (Roxburgh Club); Manchester Court Leet Records (Harland, Chetham Society). A large number of manorial records are edited among the publications of the Society of Antiquaries and County Record and Archæological Societies.

      Literary authorities:—Robert Grossteste, Epistolœ (Rolls Series); Walter of Henley, Husbandry (Lamond);