CHAPTER II. FOOTNOTES.

Slaves.

Lastly, below the villeins and cottiers were, in some districts, remains, hardly to be noticed in the later cartularies, of a class ofservi, or slaves, fast becoming[p078]merged in the cottier class above them, or losing themselves among the household servants or labourers upon the lord's demesne.

Open field the shell of serfdom.

Thus the community in villenage fitted into the open field as into its shell—a shell which was long to survive the breaking up of the system of serfdom which lived within it. Thedébrisof this shell, as we have seen, still remains upon the open fields of some English villages and townships to-day; but for the full meaning of some of its features, especially of the scattering of the strips in the yard-lands, we have to look still farther back into the past even than the twelfth century.

Analysis of the services.

Passing from the shell to the serfdom which lived within it, we have found it practically alike in the north and south and east and west of England, and from the time of the Black Death back to the threshold of the Domesday Survey. Complicated as are the numerous little details of the services and payments, they fall with great regularity under three distinctheads:—

Week-work.

Boon-work.

Gafol.

The first two of these may be said to be practically quite distinct from the third class, and intimately connectedinter se. The boon-work would seem to be a necessary corollary of thelimitationof the week-work. If the lord had had unlimited right to the whole work[p079]of his villein tenant all days a week, and had an unrestricted choice as to what kind of work it should be, week-work at the lord's bidding might have covered it all. But custom not only limited the number of days' work per week, but also limited the number of days on which the work should consist of ploughing, reaping, and other work of more than usual value, involving oxen or piece-work, beyond the usual work of ordinary days.

Theweek-work, limited or otherwise, was evidently the mostservileincident of villenage.

The payments in money or kind, or in work of the third class, to which the wordgafol, or tribute, was applied, were more like modern rent, rates, and taxes than incidents of serfdom.

Comparing the services of the villani with those of the cottiers or bordarii, the difference evidently turns upon the size of the holdings, and the possession or non-possession of oxen.

Cottiers' services.

Naturally ploughing was a prominent item in the services of the villanus holding a virgate, with his 'stuht,' or outfit of two oxen. As naturally the services of the bordarius or cottager did not include ploughing, but were limited to smaller services.

But apparently the services of each class were equally servile. Both were in villenage, andweek-workwas the chief mark of the serfdom of both.

Besides the servile week-work and 'gafol,' &c., there were also other incidents of villenage felt to be restrictions upon freedom, and so of a servile nature. Of these the most generalwere—

Other servile incidents.

It was the week-work of the villanus, and these restrictions on his personal liberty, which were felt to be serfdom.106

All limited by custom.

But these servile incidents were limited by custom, and this limitation by custom of the lord's demands, as well as the more and more prevalent commutation of services into money payments in later times, were, as has been said, notes and marks of a relaxation of the serfdom. The absence of these limitations would be the note and mark of a more complete serfdom.

Thus, in pursuing this economic inquiry further back into Saxon times, the main question will be whether the older serfdom of the holder of yard-lands was more or less unlimited, and therefore complete, than in the times following upon the Norman conquest.

The evidence has led up to the Domesday Survey.

In the meantime the Domesday Survey is the next evidence which lies before us, and judging from the tenacity of custom, and the extreme slowness of economic changes in the later period, it may be approached with the almost certain expectation that no great alteration can well have taken place in the English open-field and manorial system in the forty[p081]years between its date and that of theLiber Nigerof Peterborough Abbey.

If this expectation should be realised, the Domesday Survey, approached as it has been by the ladder of the later evidence leading step by step up to it, ought easily to yield up its secrets.

and must give the key to it.

If such should prove to be the case, though losing some of its mystery and novelty, the Domesday Survey will gain immensely in general interest and importance by becoming intelligible. The picture it gives of the condition of rural England will become vivid and clear in its outlines, and trustworthy to a unique degree in its details. For extending as it does, roughly speaking, to the whole of England south of the Tees and east of the Severn, and spanning as it does by its double record the interval between its date and the time of Edward the Confessor, it will prove more than ever an invaluable vantage-ground from which to work back economic inquiries into the periods before the Norman conquest of England. It may be trusted to do for the earlier Saxon records what a previous understanding of later records will have done for it.

Go to:Contents.Next Chapter.CHAPTER II. FOOTNOTES.11.Prologus, lines 17 to 21.12.Prologus, 216 to end.13.Passus, v. 400 to 428.14.Passus, vi. 4 to 6.15.Passus, vi. 107–9.16.I am indebted to Mr. Bradshaw for having called my attention to this MS., which is now in the Cambridge University Library.17.MS. Dd. 7. 22. I am much indebted to Mr. Bradshaw for the loan of this MS. from the Library.18.The MS. is headed 'Extracta Rotulorum de Halimotis tentis apud Manerium de Wynselowe tempore Edwardi tercii a Con uestu' and it embracedWynselowe,Horelwode,Greneburgh,Shipton,Nova Villa de Wynselowe,Onyng, andMuston.19.See entry under 44 Ed. III.20.Sub anno 35 Ed. III.21.The number of tenants with smaller holdings was considerably larger than the number of holders of virgates and half-virgates, but their holdings were so small that in the aggregate they held a much smaller acreage than the other class.22.Out of 43 jurymen who had served in 1346, 1347, and 1348, 27 died of the Black Death in 1348–9. Out of these 27 who died, and whose holdings therefore can be traced, 16 held virgates, 8 held half-virgates, and of the other 3 one held 1 messuage and 2 cottages, another a messuage and 15 acres in villenage (equivalent to a half-virgate), and the third 8 acres arable and212of meadow.23.Cases of this are numerous after the Black Death. See in 27 Ed. III. one case, in 28 Edward III. 11 cases, in 30 Ed. III. five cases.24.All the 153 holdings which changed hands on the death of the tenants of the Black Death were re-granted to the single heir of the deceased holder or to a reversioner, or in default of such were retained by the lord. In no case was there a subdivision by inheritance. Theheriotof a virgate was generally an ox, or money payment of its value. But the amount was often reduced 'propter paupertatem;' and sometimes when a succeeding tenant could not pay, a half-acre was deducted from the virgate and held by the lord instead of the heriot.25.See under 23 Ed. III. a record of the unanimous finding of the jury to this effect.26.The instances of fugitive villeins are very numerous for years after the Black Death; and inquiry into cases of this class formed a prominent part of the business transacted at the halimotes.27.There were 22 cases of 'Lerewyt' recorded on the manor rolls in the first 10 years of Edward III.28.See a case in 25 Ed. III.29.See a case of this in 6 Ed. III.30.See under 6 Ed. III.31.Rot. Hund. II. p.No. of virgates in each hideAcres in a virgateAcres in a hide629VI.40240"VI.28168"IV.48192631VI.30180635VI.25150636IV.30120"V.25125637VIII.15120640IV.30120640V.25125645IV.30120646V.26130648IV.30120653IV.30120654IV.30120656IV.24144658V.25125660V.25125661VI.2012032.Hundred Rolls, Oxon.II. 708.Every virgate gives scutage2s.6d.whenthescutageis40s.2 virgates give scutage5s.1 virgate gives scutage2s.6d.4 virgates give scutage10s.2 virgates give scutage5s.II. 709.4 virgates give scutage8s.5 virgates give scutage11s.5d.II. 830.1 hide gives scutage for a fourth part of a scutum.From these instances it is evident that normally 4 virgates = 1 hide, and 4 hides make a knight's fee.33.Hundred Rolls, Beds.II. 321. Carucate of 120 acres.II.324.Car"cate of80 acres.II.325.Car"cate of100 acres.II.326.Car"cate of120 acres.II. 328. Carucate of 200 acres.II.329.Car"cate of80 acres.II.332.Car"cate of100 acres.34.Hundred Rolls, Bedfordshire.—'Et sunt illi villani ita servi quod non possunt maritare filias nisi ad voluntatem domini' (II. 329).'Nec pullos sibi pullatos mas- (II. 328).Buckinghamshire.—'Sunt ad voluntatem domini, et ad alia facienda quæ ad servilem conditionem pertinent' (II. 335–6). And so on.35.II. 744b.36.II. 758a.37.In another manor in Huntingdonshire certain cottiers ought to make summonses. II. 616.38.The Latin text is badly printed here, but the original has been inspected.39.II. 642a.40.II. 613b.41.II. 554b.42.II. 535b.43.Fleta, lib. 2, c. 71. Compare also 'Extenta Manerii:'Statutes of the Realm, i. p. 242.44.Fleta, lib. 2, c. 72.45.Fleta, lib. 2. c. 73.46.Augmentation Office,Miscellaneous Books, Nos. 56 and 57.47.The Domesday of St. Paul's, edited by Archdeacon Hale, Camden Society, 1858.48.Pp. 38et seq.49.P. 42.50.P. 64.51.'In manerio isto sexcies xx. acre faciunt hidam, et xxx. acre faciunt virgatam' (p. 64).52.'Cum vi. hidis trium solandarum' (p. 58).53.Sutton, where mention is made of a 'solanda quæ per se habet duas hidas' (p. 93).54.Draitone, 'cum una hida de solande' (p. 99).55.For thesullungof Kent, see Mr. Elton'sTenures of Kent.56.Published in the Rolls Series.57.iii. p. cix.58.iii. p. 55. 'Quatuor virgatæ terræ continentes unam hidam.'59.Edited by Archdeacon Hale, in the Camden Society's Series, 1865.60.P. 10b.61.P. 14b.62.Worcester Cartulary, p. 15a.Of the common customs of the villeins on the manor of Newenham—to give 'Thac' on Martinmas Day; for pigs above a year old (sows excepted), 1d., and for pigs not above a year,12d.; to sell neither ox nor horse without licence; to give 1d.toll on selling an ox or horse; also 'aid' and 'leyrwite' (fine for a daughter's incontinence); to redeem his sons, if they leave the land; to pay 'gersuma' for his daughters; no one to leave the land, nor to make his son a clerk, without licence; natives coming of age, unless they directly serve their father or mother, to perform 3 'benripæ'; and 'forinseci' (i.e.villeins not born in the manor) shall do likewise; to carry at the summons of the 'serviens' (bailiff or serjeant) besides the work: and if he carry 'ex necessitate,' to be quit of [a day's] work; to give at death his best chattel (catallum); the successor to make a fine, as he can; the widow to stay on the land as long as she continues the service; all to attend their own mill; 'Cotmanni' to guard and take prisoners [to jail].63.'Et idem facietaveragiumapud Bristoll' et apud Wellias per totum annum, et apud Pridie, et post hokeday apud Bruggewauter, cum affro suo ducente bladum domini, caseum, et lanam, et cetera omnia quæ sibi serviens præcipere voluerit, et habebit unam quadrantem et dayuam suam quietam. Et debet facereaveragiumapud Axebrugge et ad navem quotiens dominus voluerit, et nichil habebit propter idem averagium.'—Proceedings of Archæological Institute, Salisbury, p. 203. App. toNotice of the Custumal of Bleadon, pp. 182–210.64.Gloucester Cartulary, vol. iii. p. 78.65.'Radacre' in other places, pp. 80, 116.66.Gloucester Cartulary, vol. iii. p. 118.67.Worcester Cartulary, p. 14b.68.Worcester Cartulary, p. 15a.69.Surtees Society, p. 57.70.P. 57.71.P. 59.72.Published by the Bannatyne Club, 1846.73.Vol. ii. p. 462.74.P. 461.75.P. 455.76.P. 361.77.P. 18.78.Acts of Parliament of Scotland, App. V. p. 387.79.Analysis, p. 232.80.Id. p. 232.81.Domesday of St. Paul's, p. 1.82.Id.p. 7.83.Id.pp. 28, 33, 48, 53, 86.84.Id.pp. 99, 104.85.Gloucester Cart.pp. 55, 61, 64.86.Winton, vol. i. p. 400 (A.D.1249–92).87.Rot. Red. Kelso, p. 461.88.Ib.p. 456.89.P. 566.90.P. 579.91.P. 568. 'Villani de Southby-dyk tenent villam suam ad firmam et reddunt v. libras, et invenient viiixx.homines ad metendum in autumpno et xxxvi. quadrigas (i.e.waggons) ad quadriganda blada apud Octonam' (i.e.a neighbouring village where was probably the bishop's chief granary) (568a).92.'Faber (de Wermouth tenet) xii. acras pro ferramentis carucæ et carbones invenit' (567a).'Faber (de Queryndonshire) tenet xii. acras pro ferramento carucæ fabricando' (596b).'Faber 1 bovat' pro suo servicio' (569a).CompareHundred Rolls, p. 551a, andDomesday of St. Paul's, p. 67.93.'Carpentarius (de Wermouth) qui senex habet in vita sua xii. acras pro carucis et herceis (i.e.harrows) faciendis' (567a).94.'Punder (de Neubotill) tenet xii. acras et habet de unaquaque caruca de Neubotill, de Bydyk et de Heryngton (i.e.three villatæ) unam travam bladi et reddit xl. (vel lx.) gallinas et ccc. ova' (p. 568a).95.(In Seggefeeld). 'Johannes præpositus habet ii. bovatas pro servicio suo et si servicium præposituræ dimiserit, reddit et operatur sicut alii Firmarii' (570a).96.P. 572.97.P. 575.98.Bede, bk. i. c.xxx99.Published by the Camden Society, 1849, as an appendix to theChronicon Petroburgense.100.P. 157.101.The love-feast (caritas) of St. Peter may possibly, like the fairs of St. Cuthbert, be a survival of ancient pagan sacrifices allowed to continue by the permission of Pope Gregory the Great. See Hazlitt under 'Wakes' and 'Fairs.' And Du Cange under 'Caritas.'102.In the next place mentioned 20 men hold 20 virgates, and 13 hold612virgates among them, or half a virgate each; and so on. In one place 8 villani hold 1 hide and 1 virgate among them (i.e.2 probably hold virgates, and 6 of them half-virgates), and 2 others hold 1 virgate each. In another, 20pleni villani[of 1 virgate each] and 29semi-villani[of half-virgate each] hold in all 34 virgates and a half. In another, 8 villani hold 8 bovates, and 3 bovates are waste. In the rest of the record it is generally assumed that the 'pleni villani' have a virgate each, and the 'dimidii villani' half a virgate each.103.The following are instances of the villein ploughteams:—The holders of 40 virgates hold 22 plough teams.The holders of 20 virgates hold 12 plough teams.The holders of 20 virgates hold 9 plough teams.The holders of 8 virgates hold 2 plough teams.There seems to have been as nearly as possible one plough team to each two virgates, which at two oxen the virgate would give four oxen to the plough instead of eight. Speaking generally, it may therefore be said that there were on the Peterborough manors the greater ploughs of the lord's demense with their separate teams of eight oxen belonging to the lord, and the lesser ploughs of the villani, to work which two clubbed together, for which four oxen made a sufficient team; and it would seem, further, that not only had the villani to work at the great manorial ploughs, but also to do service for their lord with their own lesser ploughs in addition. This seems to explain the expressions used in the Gloucester cartulary that the demesne land of this or that manor can be ploughed with so many ploughs of eight head of oxen in the team 'cum consuetudinibus villatæ;' and also the mention in Fleta of the 'carucæ adjutrices' of the villani.104.'Galfridus Snow tenet quoddam tenementum nativum vocatumSnowes. . . . Willelmus Biesten tenet tenementum nativum vocatumBiestes,' and so on.Extent of 'Byrchsingeseie,' near Colchester.Leger Book of St. John the Baptist, Colchester.Wrest Park MSS., No. 57.I am indebted to Earl Cowper for the opportunity of referring to this interesting MS., containing valuable examples of extents of manors from the reign of Edward I., and of the services of the tenants. See particularly the extent of 'Wycham,' 17 Ed. I., as a good example of the three field system and serfdom.105.Pp. 162–4, &c.106.The question of thepersonal statusof the villein tenant is a different one from that of villeintenure. Sir H. S. Maine (Early Law and Custom, p. 333) and Mr. F. Pollock (in hisNotes on Early English Land Law, 'Law Mag. and Review' for May 1882) have pointed out that, according to Bracton, free men might be subject to villein tenure and its incidents (except themerchetumon marriage of a daughter) and yet personally be free, as contrasted with the nativi' or villeins by blood. Compare Bracton f. 4 b with f. 26 a and 208 b. The question of the origin of the confusion of status in serfdom will be referred to hereafter.

Go to:Contents.Next Chapter.

11.Prologus, lines 17 to 21.

12.Prologus, 216 to end.

13.Passus, v. 400 to 428.

14.Passus, vi. 4 to 6.

15.Passus, vi. 107–9.

16.I am indebted to Mr. Bradshaw for having called my attention to this MS., which is now in the Cambridge University Library.

17.MS. Dd. 7. 22. I am much indebted to Mr. Bradshaw for the loan of this MS. from the Library.

18.The MS. is headed 'Extracta Rotulorum de Halimotis tentis apud Manerium de Wynselowe tempore Edwardi tercii a Con uestu' and it embracedWynselowe,Horelwode,Greneburgh,Shipton,Nova Villa de Wynselowe,Onyng, andMuston.

19.See entry under 44 Ed. III.

20.Sub anno 35 Ed. III.

21.The number of tenants with smaller holdings was considerably larger than the number of holders of virgates and half-virgates, but their holdings were so small that in the aggregate they held a much smaller acreage than the other class.

22.Out of 43 jurymen who had served in 1346, 1347, and 1348, 27 died of the Black Death in 1348–9. Out of these 27 who died, and whose holdings therefore can be traced, 16 held virgates, 8 held half-virgates, and of the other 3 one held 1 messuage and 2 cottages, another a messuage and 15 acres in villenage (equivalent to a half-virgate), and the third 8 acres arable and212of meadow.

23.Cases of this are numerous after the Black Death. See in 27 Ed. III. one case, in 28 Edward III. 11 cases, in 30 Ed. III. five cases.

24.All the 153 holdings which changed hands on the death of the tenants of the Black Death were re-granted to the single heir of the deceased holder or to a reversioner, or in default of such were retained by the lord. In no case was there a subdivision by inheritance. Theheriotof a virgate was generally an ox, or money payment of its value. But the amount was often reduced 'propter paupertatem;' and sometimes when a succeeding tenant could not pay, a half-acre was deducted from the virgate and held by the lord instead of the heriot.

25.See under 23 Ed. III. a record of the unanimous finding of the jury to this effect.

26.The instances of fugitive villeins are very numerous for years after the Black Death; and inquiry into cases of this class formed a prominent part of the business transacted at the halimotes.

27.There were 22 cases of 'Lerewyt' recorded on the manor rolls in the first 10 years of Edward III.

28.See a case in 25 Ed. III.

29.See a case of this in 6 Ed. III.

30.See under 6 Ed. III.

31.Rot. Hund. II. p.No. of virgates in each hideAcres in a virgateAcres in a hide629VI.40240"VI.28168"IV.48192631VI.30180635VI.25150636IV.30120"V.25125637VIII.15120640IV.30120640V.25125645IV.30120646V.26130648IV.30120653IV.30120654IV.30120656IV.24144658V.25125660V.25125661VI.20120

31.

Rot. Hund. II. p.No. of virgates in each hideAcres in a virgateAcres in a hide629VI.40240"VI.28168"IV.48192631VI.30180635VI.25150636IV.30120"V.25125637VIII.15120640IV.30120640V.25125645IV.30120646V.26130648IV.30120653IV.30120654IV.30120656IV.24144658V.25125660V.25125661VI.20120

32.Hundred Rolls, Oxon.II. 708.Every virgate gives scutage2s.6d.whenthescutageis40s.2 virgates give scutage5s.1 virgate gives scutage2s.6d.4 virgates give scutage10s.2 virgates give scutage5s.II. 709.4 virgates give scutage8s.5 virgates give scutage11s.5d.II. 830.1 hide gives scutage for a fourth part of a scutum.From these instances it is evident that normally 4 virgates = 1 hide, and 4 hides make a knight's fee.

32.Hundred Rolls, Oxon.

II. 708.Every virgate gives scutage2s.6d.whenthescutageis40s.2 virgates give scutage5s.1 virgate gives scutage2s.6d.4 virgates give scutage10s.2 virgates give scutage5s.II. 709.4 virgates give scutage8s.5 virgates give scutage11s.5d.II. 830.1 hide gives scutage for a fourth part of a scutum.

From these instances it is evident that normally 4 virgates = 1 hide, and 4 hides make a knight's fee.

33.Hundred Rolls, Beds.II. 321. Carucate of 120 acres.II.324.Car"cate of80 acres.II.325.Car"cate of100 acres.II.326.Car"cate of120 acres.II. 328. Carucate of 200 acres.II.329.Car"cate of80 acres.II.332.Car"cate of100 acres.

33.Hundred Rolls, Beds.

34.Hundred Rolls, Bedfordshire.—'Et sunt illi villani ita servi quod non possunt maritare filias nisi ad voluntatem domini' (II. 329).'Nec pullos sibi pullatos mas- (II. 328).Buckinghamshire.—'Sunt ad voluntatem domini, et ad alia facienda quæ ad servilem conditionem pertinent' (II. 335–6). And so on.

34.Hundred Rolls, Bedfordshire.—'Et sunt illi villani ita servi quod non possunt maritare filias nisi ad voluntatem domini' (II. 329).

'Nec pullos sibi pullatos mas- (II. 328).

Buckinghamshire.—'Sunt ad voluntatem domini, et ad alia facienda quæ ad servilem conditionem pertinent' (II. 335–6). And so on.

35.II. 744b.

36.II. 758a.

37.In another manor in Huntingdonshire certain cottiers ought to make summonses. II. 616.

38.The Latin text is badly printed here, but the original has been inspected.

39.II. 642a.

40.II. 613b.

41.II. 554b.

42.II. 535b.

43.Fleta, lib. 2, c. 71. Compare also 'Extenta Manerii:'Statutes of the Realm, i. p. 242.

44.Fleta, lib. 2, c. 72.

45.Fleta, lib. 2. c. 73.

46.Augmentation Office,Miscellaneous Books, Nos. 56 and 57.

47.The Domesday of St. Paul's, edited by Archdeacon Hale, Camden Society, 1858.

48.Pp. 38et seq.

49.P. 42.

50.P. 64.

51.'In manerio isto sexcies xx. acre faciunt hidam, et xxx. acre faciunt virgatam' (p. 64).

52.'Cum vi. hidis trium solandarum' (p. 58).

53.Sutton, where mention is made of a 'solanda quæ per se habet duas hidas' (p. 93).

54.Draitone, 'cum una hida de solande' (p. 99).

55.For thesullungof Kent, see Mr. Elton'sTenures of Kent.

56.Published in the Rolls Series.

57.iii. p. cix.

58.iii. p. 55. 'Quatuor virgatæ terræ continentes unam hidam.'

59.Edited by Archdeacon Hale, in the Camden Society's Series, 1865.

60.P. 10b.

61.P. 14b.

62.Worcester Cartulary, p. 15a.Of the common customs of the villeins on the manor of Newenham—to give 'Thac' on Martinmas Day; for pigs above a year old (sows excepted), 1d., and for pigs not above a year,12d.; to sell neither ox nor horse without licence; to give 1d.toll on selling an ox or horse; also 'aid' and 'leyrwite' (fine for a daughter's incontinence); to redeem his sons, if they leave the land; to pay 'gersuma' for his daughters; no one to leave the land, nor to make his son a clerk, without licence; natives coming of age, unless they directly serve their father or mother, to perform 3 'benripæ'; and 'forinseci' (i.e.villeins not born in the manor) shall do likewise; to carry at the summons of the 'serviens' (bailiff or serjeant) besides the work: and if he carry 'ex necessitate,' to be quit of [a day's] work; to give at death his best chattel (catallum); the successor to make a fine, as he can; the widow to stay on the land as long as she continues the service; all to attend their own mill; 'Cotmanni' to guard and take prisoners [to jail].

63.'Et idem facietaveragiumapud Bristoll' et apud Wellias per totum annum, et apud Pridie, et post hokeday apud Bruggewauter, cum affro suo ducente bladum domini, caseum, et lanam, et cetera omnia quæ sibi serviens præcipere voluerit, et habebit unam quadrantem et dayuam suam quietam. Et debet facereaveragiumapud Axebrugge et ad navem quotiens dominus voluerit, et nichil habebit propter idem averagium.'—Proceedings of Archæological Institute, Salisbury, p. 203. App. toNotice of the Custumal of Bleadon, pp. 182–210.

64.Gloucester Cartulary, vol. iii. p. 78.

65.'Radacre' in other places, pp. 80, 116.

66.Gloucester Cartulary, vol. iii. p. 118.

67.Worcester Cartulary, p. 14b.

68.Worcester Cartulary, p. 15a.

69.Surtees Society, p. 57.

70.P. 57.

71.P. 59.

72.Published by the Bannatyne Club, 1846.

73.Vol. ii. p. 462.

74.P. 461.

75.P. 455.

76.P. 361.

77.P. 18.

78.Acts of Parliament of Scotland, App. V. p. 387.

79.Analysis, p. 232.

80.Id. p. 232.

81.Domesday of St. Paul's, p. 1.

82.Id.p. 7.

83.Id.pp. 28, 33, 48, 53, 86.

84.Id.pp. 99, 104.

85.Gloucester Cart.pp. 55, 61, 64.

86.Winton, vol. i. p. 400 (A.D.1249–92).

87.Rot. Red. Kelso, p. 461.

88.Ib.p. 456.

89.P. 566.

90.P. 579.

91.P. 568. 'Villani de Southby-dyk tenent villam suam ad firmam et reddunt v. libras, et invenient viiixx.homines ad metendum in autumpno et xxxvi. quadrigas (i.e.waggons) ad quadriganda blada apud Octonam' (i.e.a neighbouring village where was probably the bishop's chief granary) (568a).

92.'Faber (de Wermouth tenet) xii. acras pro ferramentis carucæ et carbones invenit' (567a).'Faber (de Queryndonshire) tenet xii. acras pro ferramento carucæ fabricando' (596b).'Faber 1 bovat' pro suo servicio' (569a).CompareHundred Rolls, p. 551a, andDomesday of St. Paul's, p. 67.

92.'Faber (de Wermouth tenet) xii. acras pro ferramentis carucæ et carbones invenit' (567a).

'Faber (de Queryndonshire) tenet xii. acras pro ferramento carucæ fabricando' (596b).

'Faber 1 bovat' pro suo servicio' (569a).

CompareHundred Rolls, p. 551a, andDomesday of St. Paul's, p. 67.

93.'Carpentarius (de Wermouth) qui senex habet in vita sua xii. acras pro carucis et herceis (i.e.harrows) faciendis' (567a).

94.'Punder (de Neubotill) tenet xii. acras et habet de unaquaque caruca de Neubotill, de Bydyk et de Heryngton (i.e.three villatæ) unam travam bladi et reddit xl. (vel lx.) gallinas et ccc. ova' (p. 568a).

95.(In Seggefeeld). 'Johannes præpositus habet ii. bovatas pro servicio suo et si servicium præposituræ dimiserit, reddit et operatur sicut alii Firmarii' (570a).

96.P. 572.

97.P. 575.

98.Bede, bk. i. c.xxx

99.Published by the Camden Society, 1849, as an appendix to theChronicon Petroburgense.

100.P. 157.

101.The love-feast (caritas) of St. Peter may possibly, like the fairs of St. Cuthbert, be a survival of ancient pagan sacrifices allowed to continue by the permission of Pope Gregory the Great. See Hazlitt under 'Wakes' and 'Fairs.' And Du Cange under 'Caritas.'

102.In the next place mentioned 20 men hold 20 virgates, and 13 hold612virgates among them, or half a virgate each; and so on. In one place 8 villani hold 1 hide and 1 virgate among them (i.e.2 probably hold virgates, and 6 of them half-virgates), and 2 others hold 1 virgate each. In another, 20pleni villani[of 1 virgate each] and 29semi-villani[of half-virgate each] hold in all 34 virgates and a half. In another, 8 villani hold 8 bovates, and 3 bovates are waste. In the rest of the record it is generally assumed that the 'pleni villani' have a virgate each, and the 'dimidii villani' half a virgate each.

103.The following are instances of the villein ploughteams:—The holders of 40 virgates hold 22 plough teams.The holders of 20 virgates hold 12 plough teams.The holders of 20 virgates hold 9 plough teams.The holders of 8 virgates hold 2 plough teams.There seems to have been as nearly as possible one plough team to each two virgates, which at two oxen the virgate would give four oxen to the plough instead of eight. Speaking generally, it may therefore be said that there were on the Peterborough manors the greater ploughs of the lord's demense with their separate teams of eight oxen belonging to the lord, and the lesser ploughs of the villani, to work which two clubbed together, for which four oxen made a sufficient team; and it would seem, further, that not only had the villani to work at the great manorial ploughs, but also to do service for their lord with their own lesser ploughs in addition. This seems to explain the expressions used in the Gloucester cartulary that the demesne land of this or that manor can be ploughed with so many ploughs of eight head of oxen in the team 'cum consuetudinibus villatæ;' and also the mention in Fleta of the 'carucæ adjutrices' of the villani.

103.The following are instances of the villein ploughteams:—

There seems to have been as nearly as possible one plough team to each two virgates, which at two oxen the virgate would give four oxen to the plough instead of eight. Speaking generally, it may therefore be said that there were on the Peterborough manors the greater ploughs of the lord's demense with their separate teams of eight oxen belonging to the lord, and the lesser ploughs of the villani, to work which two clubbed together, for which four oxen made a sufficient team; and it would seem, further, that not only had the villani to work at the great manorial ploughs, but also to do service for their lord with their own lesser ploughs in addition. This seems to explain the expressions used in the Gloucester cartulary that the demesne land of this or that manor can be ploughed with so many ploughs of eight head of oxen in the team 'cum consuetudinibus villatæ;' and also the mention in Fleta of the 'carucæ adjutrices' of the villani.

104.'Galfridus Snow tenet quoddam tenementum nativum vocatumSnowes. . . . Willelmus Biesten tenet tenementum nativum vocatumBiestes,' and so on.Extent of 'Byrchsingeseie,' near Colchester.Leger Book of St. John the Baptist, Colchester.Wrest Park MSS., No. 57.I am indebted to Earl Cowper for the opportunity of referring to this interesting MS., containing valuable examples of extents of manors from the reign of Edward I., and of the services of the tenants. See particularly the extent of 'Wycham,' 17 Ed. I., as a good example of the three field system and serfdom.

104.'Galfridus Snow tenet quoddam tenementum nativum vocatumSnowes. . . . Willelmus Biesten tenet tenementum nativum vocatumBiestes,' and so on.

Extent of 'Byrchsingeseie,' near Colchester.

Leger Book of St. John the Baptist, Colchester.

Wrest Park MSS., No. 57.

I am indebted to Earl Cowper for the opportunity of referring to this interesting MS., containing valuable examples of extents of manors from the reign of Edward I., and of the services of the tenants. See particularly the extent of 'Wycham,' 17 Ed. I., as a good example of the three field system and serfdom.

105.Pp. 162–4, &c.

106.The question of thepersonal statusof the villein tenant is a different one from that of villeintenure. Sir H. S. Maine (Early Law and Custom, p. 333) and Mr. F. Pollock (in hisNotes on Early English Land Law, 'Law Mag. and Review' for May 1882) have pointed out that, according to Bracton, free men might be subject to villein tenure and its incidents (except themerchetumon marriage of a daughter) and yet personally be free, as contrasted with the nativi' or villeins by blood. Compare Bracton f. 4 b with f. 26 a and 208 b. The question of the origin of the confusion of status in serfdom will be referred to hereafter.

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