Fragmenta antiquitatis, antient tenures of land, and jocular customs of some mannors made publick for the diversion of some, and instruction of others / by T.B. of the Inner-Temple, Esquire.

Customes of Mannors.

Sutton-Colfeild.* 1.1

Inquisitio xij. Juratorum capta ad hunc Visum coram Galfrido de Okenham Senesthal∣lo per Sacramentum Anselmi de Cliftona, &c. Juratorum oneratorum de antiquis Consuetu∣dinibus istius dominii, tam de libertate quam de Bondagio, quales Consuetudines solebant facere & habere, ante Coronationem Domi∣ni Henrici Regis, Avi Domini Regis nunc a tempore Athelstani quondam Regis Angliae, &c.

Qui dicunt, quod unusquisque liber homo de Sutton solebat terras & tenementa sua vi et effectu Cartae suae originalis tenere, &c.

Item illi qui tenuerunt dimidiam virgatam terrae vel nocatam terrae vel Cotagium de Bondagii tenura, solebant esse Bedellum Ma∣nerii & decennarium. Et etiam omnes illi qui tenuerunt in Bondagii tenura, solebant vocari Custumarii. Et quotiescunque Domi∣nus ad venandum venerit illi Custumarii sole∣bant * 1.2 fugare Wanlassum ad Stabulum, in

sugatione ferarum bestiarum secundum quanti∣tatem tenurae suae, ut illi qui tenuerunt in∣tegram virgatam terrae, per duos dies, & sic de aliis. Et solebant habere inter eos dimi∣diam partem feodi Woodwardi de venatione capta. Et solebant esse Custodes * 1.3 Bruerae de Colfeild quotlescunque fuerint electi per vi∣cinos ad Curiam, &c.

Et etiam si aliqui de hujusmodi Custu∣mariis exierint de Domino, solebant venire in Curiam & sursum reddere in manum Do∣mini tenuram suam Bondagii, cum omnibus equis suis Masculis & pullis masculis, & Care∣ctam ferro ligatam, cum porcis masculis, Panna sua integra, Lana non formata & meliorem ollam suam aeneam, & exire & trahere mo∣ram ubicunque voluerit, sine calumpnia Domini, & ipse cum omni sequela sua esse Liber imperpetuum.

Et etiam dicunt quod audierunt Antecesso∣res dicere, qoud tempore quo Manerium de Sutton praedicta fuit in manibus Regum An∣gliae, tota Chasea fuit afforestata, & omnes Canes infra Forestam solebant esse impediati & amputati * 1.4 finistro ortello: Et postquam devenit in manum Comitis Warwici licentiam habere & tenere * 1.5 Canes opertias ex omni gene∣re Canum & non impediatas

Et etiam omnes liberi tenentes solebant summoneri per tres dies ante Curiam & cu∣stumarii similiter; Et si aliquod Placitum fu∣erit inter vicinos, & defendentes negaverint & vadierint Legem versus Querentem, sole∣bant * 1.6 facere Legem cum tertia manu, &

solebant se essoiniare de communi secta Curiae bina vice, & tercia comparere & warantizare Essoinium. Et similiter de Placito tam Que∣rentis quam defendentis, bis de Placito & bis de Lege essoiniari & tertia vice venire, feu ha∣bere Considerationem Curiae.

Et praedicti Custumarii folebant reparare * 1.7 vadum circa Stagnum Molendini Domini de Sutton in opere terreno.

Thurgarton and Horsepoll.

The tenants of these Mannors in Com. Nottingham held their Lands by these Cu∣stomes and services.* 1.8 Every Native or Villain (which were such as we now call husband∣men) paid each a Cock and a Hen, besides a small Rent in Money, for a Tost and one Bovat of Land, held of the Priory of Thur∣garton. These Cocks and Hens were paid the second day in Christmas, and that day every one both Cottagers and Natives, dined in the Hall, and those who did not had a white loaf, and a Flagon of Ale, with one Messe from the Kitchin. Every Villain gave a halfpeny towards cleansing the Mill-damm. The Freeholders were bound to (tribus arru∣ris) three plow days for the Lord with one Plow, which were then valued at 12 d. and likewise 3 days work in Harvest, the first day with one man, the second day with two, and

and the third with five workmen and one of themselves in person, and every day to have their refection. The Natives were likewise bound to give three Plowdays each, and every plow was to be allowed four boon-loaves, and to harrow three dayes, and every harrower was allowed a brown loaf and two herrings a day. Likewise all the Natives and Cotagers were to reap every other day in harvest, the first day every two were to have one brown loaf and two Toillects, the second day, two brown loaves and one Toillect, and afterwards every two men to have every day three brown loaves. And on the day of the great Bidrepe, which was called the Priors Boon, every Native was to find three Workmen and Cottager one. Every of the said Natives were to make carriage from the forain Granges thrice a year, each with one Horse, and every time to have a Miche or white loaf; And all the Reapers in Harvest which were called Hallewimen were to eat in the Hall one day in Christmas, or afterwards at the discretion of the Celerer. Likewise every Naif or she Villain that took a husband or com∣mitted fornication paid Marchet, for redemp∣tion of her blood, 5 s. 4 d. and the Daugh∣ter of a Cottager paid but half a Marchet. And every Native paid for Paunage of every▪ Swine in the Park 3 d. &c.

East and West Enborne.

The Mannors of East and West Enborne in Com. Berks have this Custom:* 1.9 That if a Copyhold tenant dye, the Widow shall have her Free-Bench in all his Copyhold Lands dum sola & casta fuerit; but if she commit Incontinency, she forfeits her Widows estate, yet after this if she come into the next Court held for the Mannor, riding backward on a black Ram, with his tail in her hand, and say the words following, the Steward is bound by the Custome to readmit her to her Free-Bench.

Here I am, riding upon a black Ram, Like a Whore as I am; And for my Crincum Crancum, Have lost my Bincum bancum; And for my Tailes game, Am brought to this worldly shame. Therefore, good Mr. Steward let me have my Lands againe.

The like Custom is in the Mannor of Tor in Devonshire, and elsewhere in the West.

Brug, vel Burg.* 1.10

Sciendum est, quod quando aliquis Customarius Manerii de Burg in Comitatu Salop. moritur, Episcopus habebit melius Averium, omnes porcos, Apes, Baconem integrum, Pullum masculum, Pannum integrum, Ollam aeneam, * 1.11 Tenellam Cervisiae, si sit plenam. Et quan∣do maritabit filiam extra feodum, dabit tres solidos, dabit etiam pro qualibet Lierwyte ij s.

Durham Bishopric.

De decimis quae de vaccis proveniunt s••a∣tuendum duximus,* 1.12 quod ubicunque fuerit re∣ceptaculum earum, licet in vicinis Parochiis * 1.13 Horn with Horn, secundum Anglicam lin∣guam, pascua quaerant, illa remaneat tota de∣cima ubi fuerit domicillium & remanentia.

Hecham.

* 1.14In Soca de Hecham in Comitatu Norfolk sunt 24 * 1.15 Lancetae; Consuetudo eorum est; ut unus∣quisque eorum debet operaria Sancto Micha∣ele usque ad Autumpnum unaquaque hebdoma∣da per unam diem, sive cum furca, sive cum Besca vel Flagello ad libitum Domini cum Cor∣redio ad nonam, & uno pane ad vesperam, vel si eis remittitur hoc opus, quisque eorum dabit pro hoc opere sex denarios.

Hartlepool.

Robertus de Brus habet apud Hartlepool in Com. Dunelm.* 1.16 Portum maris, & capit ibi * 1.17 Killagium, scil. de qualibet Navi cum Batel∣lo, applicante ibi, octo denarios, & de qua∣libet Navi sine Batello, quatuor denarios.

Llantrissim

Raaf ap Howel ap Philip Praepositus de Llan∣trissin in Com. Glamorgan amerciatus fuit pro eo quod habuit in manu sua coram Justiciariis hic Virgam nigram & inhonestam,* 1.18 ubi habere debu∣isset Virgam albam & honestam de certa longi∣tudine, prout decet.

Rochford.

On Kingshill at Rochford in the County of Essex,* 1.19 on every Wednesday morning next af∣ter Michaelmas day at Cocks crowing, there is by antient Custom a Court held by the Lord of the Honour of Raleigh, which is vulgarly called the Lawless Court. The Steward and Suiters whisper to each other, and have no Candles, nor any Pen and Ink, but supply that office with a Coal; And he that ows suit or service thereto and appears not, forfeits to the Lord double his Rent every hour he is absent. The Court is called Lawless, because held at an unlawful or lawless hour, on quia dicta sine lege; The title of it in the Court Rolls runs thus, to this day.

• Kingshill in Rochford.
  • ...ff. Curia de Domino Rege Dicta sine Lege, Tenta est ibidem Per ejusdem consuetudinem;

• ...
  • ...Ante ortum solis, Luceat nisi Polus, Nil scribit nisi Colis. Toties voluerit, Gallus ut cantaverit; Per cujus solum sonitum Curia est summonita, Clamat clam pro Rege, In Curia sine Lege, Et nisi cito venerint Citius paenituerint; Et nisi clam accedant Curia non attendat; Qui venerit cum lumine Errat inregimine, Et dum sunt sine lumine, Capti sunt in Crimine; Curia sine cura, Jurati de injuria, Tenta ibidem die Mercurii (an∣te diem) proximi post Festum Sancti Michaelis Archangeli, Anno Regni Regis, &c.

This Lawless Court is imperfectly mentioned by Camden in his description of Essex;* 1.20 who says this servile attendance was imposed on the Tenants of that Mannor, for conspiring, at the like unseasonable time, to raise a Commotion.

Kidlington.

At Kidlington in Oxford-shire the Custom is, That on monday after Whitson week,* 1.21 there is a fat live Lamb provided, and the Maids of the Town, having their thumbs ty'd behind them run after it, and she that with her mouth takes and holds the Lamb, is declared Lady of the Lamb, which being dress'd with the skin hanging on, is carried on a long Pole before the Lady and her Companions to the Green, atten∣ded with Musick and a Morisco Dance of Men, and another of Women, where the rest of the day is spent in dancing, mirth and merry glee. The next day the Lamb is part bak'd, boyld and rost, for the Ladies feast, where she sits majestically at the upper end of the Table and her Companions with her, with musick and other attendants, which ends the solemnity▪

Kilmersdon.

At Kilmersdon in Somerset-shire by the Cu∣stom of the Mannor,* 1.22 the Wife has Widows Estate, which she loseth if she marrys, or is found incontinent: but to redeem this last▪ if she come into the next Court, riding astride upon a Ram, and in open Court do say, to the Lord, if he be present, or to his Steward, these words.

For mine Arses fault take I this pain, Therefore, my Lord, give me my Land again,

She is by the Custom to be restored to it without further Fine, doing this Penance.

Burgus de Wallingford.

Juratores dicunt super Sacramentum suum, quod nullus de Natione istius Burgi,* 1.23 pro quo∣cunque facto quod fecerit, debet suspendi: Nam secundum consuetudinem istius Burgi, debet Oyels & Testiculis privari, & tali libertate usi sunt a tempore, quo non extat memoria.

South-Malling.

Tenentes de South-Malling in Com. Cantiae debent,* 1.24 de Consuetudine inter eos, * 1.25 Facere Scotalium de sexdecim denariis & ob. Ita quod de singulis sex denariis detur unum denarium & ob. ad potandum cum Bedello Domini Archie∣piscopi super praedictum Feodum.

Mountgomery.

Quia per Objurgatrices & Meretrices multa mala in villa oriuntur,* 1.26 viz. Lites, pugnae, diffa∣mationes, &c. ac aliae multae inquietationes per earum hutesias & clamores. Igitur utimur de eisdem, quod cum captae fuerint, habeant Ju∣dicium de la * 1.27 Gogingstoole, & ibi stabunt nu∣dis

pedibus & suis crinibus pendentibus & dis∣persis, tanto tempore ut aspici possint ab omni∣bus per viam transeuntibus; secundum volunta∣tem Balivorum nostrorum Capitalium.

East-Rudham.

De Inpeny & Outpeny,* 1.28 Consuetudo talis est in Villa de East-Rudham in Com. Norf. de omnibus terris quae infra Burgagium tenentur, viz. Quod ipse qui Vendiderit vel dederit di∣ctam tenuram alicui, dabit pro exitu suo de ea∣dem tenura, unum denarium, & simile pro in∣gressu alterius. Et quod Balivus Domini erit ad deliberationem cujuslibet feisinae deliberandae. Et si praedicti Denarii aretro fuerint, Balivus Domini distringet pro eisdem Denariis in eadem tenura.

Kinderton.

Thomas Venables clamat,* 1.29 quod si aliquis te∣nentium sive residentium infra Dominium sive Manerium de Kinderton in Com. Cestriae felo∣niam fecerit, & corpus ejus per ipsum Thomam

super factum illud captum, & convictus fuerit, habere * 1.30 Pelfram, viz, omnia bona & catalla hujusmodi seisire; Et ea quae domino Comiti pertinent, ad Castrum Cestriae praesentare, & habere omnia inventa domestica, & de omni genere boum, vaccarum, boviculorum, juven∣carum, porcorum, bidentium, unum, viz. melius. Et si de aliquo genere non habuerit nisi unum, clamat habere illud unum, cum aliis minutis animalibus, ut gallis, gallinis, ancis & hujusmodi, & omnes pannos talliatos & attania∣tos, & omnes carnes attainiatas, * 1.31 & totum bra∣sium infra unum quarterium, & * 1.32 de quolibet Tasso bladi clamat habere Groundstal inte∣grum cujuscunque tassi, & totum plumbum extra fornacem, & omnia vasa lignea, omnes mappas, manutergia, & omnia ad lectum perti∣nentia, linea & lanea, & omnes Carrectas ferro non ligatas & omnes * 1.33 Carrucas cum tota apparu∣ra, &c.

Coleshill.

They have an antient Custom at Coleshill in the County of Warwick, that if the young∣men of the Town can catch a Hare, and bring it to the Parson of the Parish before ten of the clock on Easter-monday, the Parson is bound to give them a Calves head and a hundred of Eggs for their Breakfast, and a groat in money.

Fiskerton and Moreton.

The Custom was here,* 1.34 for the Natives and Cottagers to Plow and Harrow for the Lord, and to work one Boon-day for him every week in Harvest, when every two workmen had three Boon-loaves with Companage allowed them. Each Customary Tenant in Fiskerton and Moreton (in Com. Not.) one day in the year found a man to cleanse the Dam of Fisker∣ton Mill. Si quis Braciatrix braciaverit Cere∣visiam, if any Alewife brewed Ale to sell, she was bound to satisfy the Lord for Tolsester. If any Native or Cottager sold a Male Youngling after it was weaned, he paid 4 d. to the Lord as a Fine; Or killed a Swine above a year old he paid the Lord one Peny, which was called Thistletac. Every she Native that married or committed Fornication, paid pro redemptione sanguinis, 5 s. 4 d. to the Lord which was in lieu of marcheta mulierum, which whether from Mark a Horse in the old Gallique (implying the obscene signification of equitare) as Mr. Sel∣den

thinks, or from Marca, the sum of money, by which it was afterwards commonly redeem∣ed, I cannot determine.

Stanlake.

At Stanlake in the County of Oxford the Mi∣nister of the Parish in his Procession in Rogation week,* 1.35 reads a Gospel at a Barrels head in the Cellar of the Chequer Inne in that Town, where some say there was formerly an Hermitage: Others, that there was antiently a Cross, at which they read a Gospel in former times, o∣ver which now the House and particularly the Cellar being built, they are forced to continue the Custom in manner as above.

Burford.

About the year 750,* 1.36 a Battel was fought near Burford in Oxford-shire, perhaps on the place still called Battle-Edge, west of the Town to∣wards Ʋpton, between Cuthred or Cuthbert a Tributary King of the West Saxons, and Ethel∣bald King of Mercia, whose insupportable Ex∣actions the former King not being able to en∣dure, he came into the Field against Ethelbald, met and overthrew him there, winning his Banner whereon was depicted a Golden Dragon, in memory of which Victory, the Custom (yet within memory) of making a Dragon yearly and carrying it up and down the Town in great jollity on Midsomer Eve, to which they added the Picture of a Giant, was in all likelyhood first instituted.

Ensham.

It has been the Custom at Ensham in Oxford¦shire, for the Towns people on Whit-Monday,* 1.37 to cut down and bring away (where-ever the Church-Wardens pleased to mark it out, by gi∣ving the first Chop) as much timber as could be drawn by mens hands into the Abby-yard, whence if they could draw it out again, not∣withstanding all the impediments could be given by the servants of the Abby, and since that by the Family of the Lord, it was then their own, and went in part at least to the reparation of their Church: And by this Custom, as some will have it, they hold both their Lammas and Michaelmas Common.

Bosbury.* 1.38

W.M. Tenet novem acras terrae Custuma∣riae in Bosbury in Com. Heref. & quoddam Molendinum aquaticum ad voluntatem Domini, & debet quasdam Consuetudines, viz. Tak & Toll & * 1.39 Faldfey, & sanguinem suum emere.

Lodebrook.

* 1.40In the Mannor of Lodebrook in the County of Warwic, whereof the Catesbyes were hereto∣fore Lords, each Tenant paid * 1.41 Swarf-money year∣ly, which was one peny half-peny; It must be paid (says the Rental) before the rising of the Sun, the party must go thrice about the Cross, and say, The Swarf-Money, and then take wit∣ness, and lay it in the hole; And when he hath so done, he must look well that his witness do not deceive him, for if it be not paid, he giveth a great forfeiture, thirty shillings and a white Bull.

Chester.

In the time of King John,* 1.42 Randle the third sirnamed Blundevil Earl of Chester, having ma∣ny Conflicts with the Welch was at last di∣stressed by them and forced to retreat to the Ca∣stle of Rothelent in Flint shire, where they be∣sieged him, who presently sent to his Constable of Chester, Roger Lacy, sirnamed Hell for his fiery spirit, that he would come with all speed and bring what forces he could for his relief. Ro∣ger having gathered a tumultuous rout of Fidlers Players, Coblers and other debauched persons both men and Women out of the City of Chester

(for 'twas then the Fair there) marched im∣mediately with them towards the besieged Earl. The Welch, perceiving a great multitude com∣ing, raised the siege and fled. The Earl, com∣ing back with his Constable to Chester, gave him power over all the Fidlers and Shoemakers of Chester in reward and memory of this service. The Constable reteined to himself and his heirs the authority and donation of the Shoemakers, but John his Son conferred the Authority over the Lechers and Whores on his Steward, which then was Dutton of Dutton, by this his deed.

Sciant praesentes & futuri, quod ego Johannes Constabularius Cestriae, dedi & concessi & hac praesenti Carta confirmavi Hugoni de Dutton & haeredibus suis Magistratum omnium Leccatorum & Meretricum totius Cestershiriae, sicut liberius illum magistratum teneo de Comite. Salvo jure meo mihi & heredibus meis. Hiis testibus —

Though this original Grant makes no menti∣on of giving Rule over Fidlers and Minstrels, yet ancient Custom has now reduced it onely to the Minstrelsey; for probably the Rout which the Constable brought to the Rescue of the Earl, were debauched persons drinking with their Sweethearts in the Fair, the Fidlers that atten∣ded them and such loose persons as he could get.

Anno 14-Hen 7. a Quo Waranto was brought against Laurence Dutton of Dutton Esquire,* 1.43 to shew why he claimed all the Minstrels of Che∣shire and the City of Chester, to appear before him at Chester yearly on the Feast of Saint John Baptist, and to give him at the said Feast quatuor Lagenas Vini & unam Lanceam. i. Four Fla∣gons

of wine and a Lance, and also every Min∣strel then to pay him four pence halfpeny, and why he claimed from every Whore in Chesshire and the City of Chester (Officium suum exercen∣te) four pence yearly at the said feast, &c. Whereunto he pleaded prescription.

The heirs of this Hugh de Dutton enjoy the same power and Authority over the Minstrelsy of Cheshire even to this day, and keep a Court every year upon the Feast of Saint John Baptist at Chester, being the Fair day, where all the Min∣strels of the County and City do attend and play before the Lord of Dutton upon their several In∣struments: He or his Deputy then riding through the City, thus attended to the Church of St. John, many Gentlemen of the County accompanying him, and one walking before him in a Surcoat of his Arms, depicted upon Taffata; And after Divine Service ended holds his Court in the City, where he or his Steward renews the old Licences granted to the Minstrels, and gives such new ones as he thinks fit, under the Hand and Seal of himself or his Steward, none pre∣suming to exercise that faculty there without it. But now this Dominion or priviledge is by a Daughter and heir of Thomas Dutton devolved to the Lord Gerard of Gerards Bromley in Staf∣fordshhire.

And whereas by the Statute of 39 Eliz▪ Fid∣lers are declared to be Rogues,* 1.44 yet by a special Proviso therein those in Chesshire, Licenced by Dutton of Dutton, are exempted from that in∣famous Title, in respect of this his ancient Cu∣stome and priviledge.

Esseburn.

Juratores dicunt quod in principio quando Mineratores veniunt in Campum Mineria quae∣rentes inventa minera▪* 1.45 venient ad Ballivum qui dicitur Berghmanster, & petent ab eo duas Metas, si sit in novo Campo, & habebunt u∣nam, scil. pro inventione, & aliam de jure Mineratorum, & unaquaeque meta continet quatuor Perticatas, & ad foveam suam septem pedes, & unaquaeque Perticata erit de 24 pedi∣bus, &c. dicunt etiam quod Placita del Berg∣mote debent teneri de tribus septimanis in tres septimanas super minerias in Pecco, &c.

Berk-holt.

Homines de Berkholt in Com. Suffolk dicunt quod tempore Regis Henrici,* 1.46 Avi Domini Re∣gis nunc solebant habere talem Consuetudinem; Quod quando maritare volebant filias suas, sole∣bant dare (Domino) pro filiabus suis maritan∣dis duas * 1.47 Oras, quae valent xxxij. Denarios.

Warham.

By the Custom of Warham in the County of Dorset,* 1.48 both Males and Females have a right e∣qually in the partition of Lands and Tenements; Tenementa in Warham sunt partibilia inter Mas∣culos & Faeminas, says the Record. And is so unusuall a Custom, that perhaps it may be hard to find the like elsewhere in England.

Honington.

* 1.49The Tenants of the Mannor of Honington in the County of Warwic were by antient Custom to perform several services to the Lord every o∣ther day from Midsummer to Michaelmas. To pay six shillings, and eight pence yearly for main∣tenance of the Lords Corn-Cart, and none of them to sell his Horse-Colt without licence from the Lord.

Hampton.

* 1.50Tenentes de Hampton, episcopi in Com. He∣reford debent quaerere annuatim sex Summas virgarum apud Boscum de Haya juxta Hereford, & apportare ad Hereford ad * 1.51 Cletas Nundinarum faciendas, quando fuerint requisiti, & pro qua∣libet summa dictarum virgarum allocabitur eis obolum de Nundinis.

Sufflete.

Duae mulieres in villam de Sufflete in Co∣mitatu quae furatae fuerunt multos pannos in vil∣la de Croindone,* 1.52 & secuti sunt eas homines ejus∣dem Villae de Croindone, quorum pannos furtive asportaverunt usque in villam de Sufflete, & ibi captae fuerunt & incarceratae, & habuerunt ju∣dicium suum in Curia de Sufflete, ad portandum * 1.53 calidum ferrum, quarum una fuit valua & altera Damnata, unde submersa fuit in Bikepole (i. in Stagno quod vocatur Bike.) Et hoc totum contigit tempore Gilberti Domini Episco∣pi Roffensis, & in quolibet Judicio fuerunt Co∣ronarii Domini Regis. Et Paulus de Stanes fuit tunc * 1.54* 1.55 Cacherellus de Hundredo de Acstan. Et per illud tempus Robertus de Hecham Mona∣chus fuit Custos Manerii de Sufflete, & ad mu∣lieres judicandas fuit Dominus Henricus de Cobham & alii plures discreti homines de Patria.

Clun.

* 1.56It is the Custom of some Mannors within the Honour of Clun in Com. Salop, that at the en∣trance of every new Lord of that Honour, the Tenants shall pay him a certain sum of Money called Mise-Money▪ In consideration whereof they claim to be acquit of all Fines and amercia∣ments, which are Recorded at that time in the Court Rolls and not levyed, which they call White Books.

Dunmow.

The Custome of the Priory of Dunmow in the County of Essex was such,* 1.57 That if any person from any part of England came thither, and humbly kneeled on two stones at the Church∣door (which are yet to be seen) and solemnly took the ensuing Oath before the Prior and Con∣vent, he might demand of them a Gamon or Flitch of Bacon,

You shall swear by the Custom of our Confession, That you never made any Nuptial transgression, Since you were married to your wife, By household brawles, or contentious strife; Or otherwise in bed or at board Offended each other in deed or in word, Or since the Parish Clerk said Amen Wished your selves unmarried agen; Or in a twelve moneth and a day Repented not in thought any way;

But continued true and in desire, As when you joyned hands in holy Quire. If to these conditions, without all fear, Of your own accord you will freely swear, A Gamon of Bacon you shall receive, And bear it hence with love and good leave; For this is our custom at Dunmow well known, Though the sport be ours, the Bacon's your own.

It appeareth in an old Register of this Priory, That Richard Wright of Badesnorth in Nor∣folk, in the 23 of Henry the sixth, when John Canon was Prior, that Steven Samuel of Little Easton in Essex 7^o Edward 4. when Roger Rulcot was Prior▪ And that Thomas Lee of Coxal in Essex 2 Hen. 8. when John Taylor was Prior, demanded their Bacon, upon the terms abovesaid, and received it accordingly.

Priory of Rochester.

Memorandum quod primo die adventus Do∣mini Regis ad Roffensem debent Spigurnelli ha∣bere quatuor panes de pane Armigerorum,* 1.58 & quatuor pane de panes Garcionum. Item de∣bent habere quatuor Galones Cervisiae Conven∣tualis, & quatuor Galones Cervisiae commu∣nis. Item de Coquina quatuor fercula, quibus Conventus servitur, & quatuor fercula de com∣muni, scil. 24 haleces & 24 ova. Item ad * 1.59 Praebendam septem parvos Bussellos. Item debent habere octo obolos ad emendum fae∣num;

Et hoc provisum & Statutum est per Dominum Regem Henricum filium Regis Jo∣hannis & per Hubertum de Burgo & G. de Craucumbe. Pro ista autem provisione & con∣cessione, debet Prior & Conventus Roffensis, ubicunque Dominus Rex fuerit, quieti esse pro∣cera ad sigillum. Item si Dominus Rex fecerit moram in Roffense per duos dies vel amplius non habebunt * 1.60 Spigurnelli de praedictis, sed si exierit & redierit, habebunt sicut in primo ad∣ventu, ut praedictum est.

Battle-Abby.

Tenentes debent falcare,* 1.61 spergere, vertere, cumulare, cariare in Manerium Domini, & * 1.62 ad Tassum furcare unam acram prati de prato Do∣mini. Et invenient etiam per totam Autump∣num unum hominem ad tassandum blada Domi∣ni in dicto Manerio, Dum blada Domini ibi∣dem tassanda fuerint.

Bishops-Castle.

Omnes Burgenses de Bishops-Castle in Com. Salop.* 1.63 debent invenire unum hominem ter per annum ad * 1.64 stabliamentum pro venatione capi∣enda, quando Episcopus voluerit.

Vrchenfeild.

Cum Exercitus Regis in hostem pergat, ho∣mines de Ʋrchenfeild in Com. Hereford,* 1.65 per Consuetudinem faciunt Avantward, & in re∣versione le Rerewarde. Jurati Hundredorum de Irchenfeild, Webtre, & Greytre dicunt, quod Botholin, qui tenuit villam de Comboglin, sole∣bat facere sectam ad Hundredum praedictum, & esse unus * 1.66 Domesman de eodem Hundredo.

Hereford-City.

Quando Rex venatu instabat,* 1.67 de unaqnaque Domo per Consuetudinem ibat unus homo ad * 1.68 stabilitionem in sylva; alii homines non haben∣tes integras Masuras inveniebunt Inewardos ad Aulam, quando Rex erat in Civitate, Burgen∣sis cum Caballo serviens, cum moriebatur, habebat Rex equum & arma ejus; de eo qui equ∣um non habebat, si moreretur, habebat Rex aut de cem solidos autterram suam cum domibus. Si qui mortepraeventus nondevisisset quae sua erant, Rex ha bebit omnem ejus Pecuniam. &c.

Chakendon.

Omnes Servi de Chakendon in Com. Oxon. pro servitio Falcationis,* 1.69 habebunt de Domino, unum Arietem, precii octo Denariorum, ad minus, & quilibet Falcans habebit unum panem precii oboli. Et hi conjunctim habebunt unam Carectatam bosci & unum Caseum precii quatuor Denariorum, & unum batinum sab. Et quae∣libet Virgata terrae habebit sex Toddas herbae, & dimidia Virgata terrae tres Toddas.

Tutbury.

Henricus sextus dei gratia Rex Angliae & Franciae & Dominus Hiberniae,* 1.70 omnibus ad quos praesentes Literae pervenerint salutem. In∣speximus Literas patentes Johannis nuper Re∣gis Castellae & Legionis ducis Lancastriae proavi nostri factas in haec verba, — Johan par le grace de dieu Roy de Castille & de Leon Duke de Lancastre a touts ceux qui cestes nos Letres verront ou orront saluz. Saches nous avoir orde∣noz constitut & assignez nostre bien ame — le Roy des Ministraulx deins nostre Honor de Tut∣tebury quore est, ou qui pur le temps serra, pur prendre & arrester touts les Ministralx deins mes∣me nostre Honeur & Franchise, quenx refusont de faire lour services & ministralcie as eux appur∣tenants a faire de ancient temps a Tuttebury su∣isdit annualment les jours del Assumption de no∣stre dame. Donants & grantants au dit Roy de Ministralx pur le temps esteant plien poyer & mandement de les faire resonablement justifier & constrener de faire lour services & Ministralcies en manere come appeint, & come illonques ad este use & de ancient temps accustome. Et en festimoig∣nianco de quel chose nous avous fait faire cestes noz Letres patents, don souz nostre privie Seale a nostre Chastel de Tuttebury le xxij. jour de August le an de regne nostre tres dulce le Roy Ri∣chard, quart.

Nos autem Literas praedictas ad requisitionem dilecti nobis in Christo Thomae Gedney, Prioris de Tuttebury duximus exemplificandas per pre∣sentes.

In cujus rei testimonium has Literas nostras fieri fecimus patentes. Datum sub sigil∣lo nostri ducatus Lancastr. apud Palatium no∣strum de Westm. 22 die Febr. Anno regni nostri vicesimo primo.* 1.71

Item est ibidem quaedam consuetudo quod Histriones venientes ad Matutinas in festo As∣sumptionis beatae Mariae habebunt unam taurum de Priore de Tuttebury si ipsum capere possunt citra aquam Dove propinquiorem Tuttebury, vel Prior dabit eis xl d. pro qua quidem Consuetu∣dine dabuntur domino ad dictum Festum annu∣atim xx d.

Out of the Coucher-Booke of the Ho∣nour of Tutburye, Cap. de Li∣bertatibus.

* 1.72The Prior of Tutburye shall have yere∣ly, one oure Ladye dey the Assumption, a Bukke delivered him of seyssone by the WoodMaster and Kepers of Nede∣woode: and the Woodmaster and Kepers of Needwoode: shale every yere mete at a Lodgge in Nedewoode called Birkeley Lodgge by one of the Cloke att afternone one Seynt Laurence dey; at which dey and place a Woodmoote shal be kept, and every Keper makinge deffalte shall loose xij d. to the Kynge and there the Woodmaster and Kepers shall chose 2 of the Kepers yerely as itt cometh to there turne to be Stew∣ards for to prepare the dyner at Tutburye

Castell one oure Ladye dey the Assumption for the Woodmaster & Kepers and Officers within the Chase, and there they shall ap∣point in lykewyse where the Bukke shall be kylled for the Prior ageynst the saide Ladye dey; and also where the Bukke shall be kylde for the Kepers dyner ageynst the same dey; and on the said feaste of As∣sumption the Woodmaster or his Lyvete∣nant and the Kepers and their Deputies shall be at Tutburye and every man one Horsebake and soo ryde in order two and two together from the yate called the Lyde∣at goinge into the commen felde unto the highe Crosse in the Towne; and the Keper in whose office the Seynt Marye Bukke was kylled shall beire the Bukks heede garnished aboute with a rye of pease; & the Bukks heede must be * 1.73 cabaged with the hole face and yeers beinge one the Sengill of the Bukke with two peces of fatte one either side of the Sengill must be fastened uppon the brooankelers of the same heed, and every keper must have a grene boghe in his hand: and every keper that is ab∣sent that dey beinge noder sikke nor in the Kings service shall lose xij d. and soo the kepers shall ridde two and two together tyll they come to the said Crosse in the Towne; and all the Minstrells shall goe afore them one foote two and two together; and the Woodmaster or in his absence his Lyvetenant shall ride hindermast after all the kepers; and at the said Crosse in the

Towne the formast keper shall blow a Seeke, and all the other kepers shall answer him in blowinge the same, and when they come to the cornell ageynst the Yue hall the formast keper shall blowe a Recheate and all the other kepers shall answere hyme in blowinge of the same; and so they shall ride still tyll they come into the Church∣yorde and then light and goo into the Churche in lyke arrey, and all the Min∣strells shall pley one their Instruments duringe the offeringe tyme, and the wood∣master or in his absence his Livetenant shall offer up the Bukks head mayd in sil∣ver, and every keper shall offer a peny, and as soone as the Bukks head is offered uppe all the kepers shall blowe a Morte three tymes: and then all the kepers goo into a Chappell and shall there have one of the Monks redye to sey them Masse: and when Masse is done: all the kepers goo in lyke arreye uppe to the Castell to dynner: and when dynner is done the Stewards goo to the Prior of Tutburye, and he shall give them yerely xxx s. towards the char∣ges of ther dynner: and if the dynner come to more the kepers shall beire it amongst them: and one the morrow after the As∣sumption there is a Court kept of the Min∣strells, at which Court the Woodmaster or his Lyvetenant shall be: and shall over∣see that every Minstrell dwellinge within the Honor and makinge defaute shall be amercyed; whiche amercement the Kynge

of the Minstrels shall have; and after the Courte done the Pryor shall deliver the Minstrells a Bull or xviij s. of money: and shall turne hyme loose amongs them, and if he escape from them over Dove river the Bull is the Priours owne ageyne: and if the Minstrells can take the Bull ore he gett over Dove then the Bull is their owne.

The Modern Vsage.

Upon the morrow after the Assumption of the blessed Virgin, being the 26th. of August,* 1.74 all the Musicians within the Honour are to repair to the Bailiffs House in Tutbury, where the Steward of the Court (who is usually a noble man) and rhe Woodmaster or his Lieutenant are to meet them, from whence they goe to the Church in this order, I two wind Musicians as Trumpets or long Pipes, then four string Mu∣sicians, two and two, all playing: then the Steward of the Court or his deputy and the Bai∣liff of the Mannor, deputed by the Earl of De∣von. the King of Musick going between them: After whom the four Stewards of Musick, each with a white Wand in his hand, and the rest of the company follow in order.

At the Church the Vicar of Tutbury for the time being reads the service of the day, for which every Musician pays him a peny; Then all goe from the Church to the Castle in manner as be∣fore, Where the Steward takes his place upon

the Bench in Court, assisted with the Bailiff and Woodmaster, the King of Musick sitting between them, to see that every minstrel within the Honor, being call'd and making default, be presented and amerced by the Jury, which Amercements are collected by the Stewards of Musick, who accompt the one Moity to his Ma∣jesties Auditor, the other they retein themselves for their pains in collecting them.

When the King, Steward and the rest are so fate, the Steward commands an Oyez to be made three times by one of the Musicians, as Crier of the Court, that all Minstrels within the Honor, residing in the Counties of Stafford, Der∣by, Nottingham Leicester or Warwick, do appear to do their suit and service, on such pain and peril as the Court shall inflict for their default, Essoynes nevertheless are allowed, in excuse of defaulters, upon good reason shewed.

After which all the said Minstrels are called by a Sute-roll, as Suitors are in a Court Leet, And then two Juries are empanelled of the chief Minstrells, by the Stewards of Musick, each Jury consisting of 12, which are returned into the Court, where the Steward swears them; The form of their oath is the same which is gi∣ven in a Court-Leet, only in a Leet the Jury swear to keep the Kings Counsel, their fellows and their own, in this to keep the King of Mu∣sicks Counsel, their fellows and their own.

The better to inform the Jurors of their duty the Steward gives them a charge, in commen∣dation of the antient Science of Musick, shewing what admirable effects it has produced, what

Kings and Noble persons have been Professors of it, what manner of persons the Professors ought to be, and to admonish them to choose skilful and good men to be Officers for the year ensu∣ing.

The Officers chosen by the Jurjes are one King and three Stewards of Musick, the fourth is chosen by the Steward of the Court, the King is chosen one year out of the Minstrells of Stafford shire, and the next year out of those of Derby shire.

The Steward of the Court issues out Warrants to the Stewards of Musick in their several di∣stricts, by virtue whereof they are to distrain and levy in any City, Town Corporate or o∣ther place within the Honor, all such fines and Amerciaments as are imposed by the Juries on any Minstrel for offences committed against the dignity and honor of the profession; The one Moity of which Fines the Stewards account for at the next Audit, the other they retain them∣selves.

As soon as the Charge is given an Oyez is made, with a Proclamation, that if any per∣son can inform the Court of any offence com∣mitted by any Minstrel within the said Honor, since the last Court, which is against the honor of his profession, let them come forth and they shall be heard. Then the Juries withdraw to consider of the points of the Charge, and the old Stewards of Musick bring into the Court a Treat of Wine, Ale and Cakes, and at the same time some Minstrels are appointed to en∣tertain the Company in Court with some merry

Airs. After which the Juries present one to be King for the year ensuing, who takes his oath to keep up all the dignities of that Noble Science &c. Then the old King ariseth from his place, resigning it and his white Wand to the new King, to whom he also drinks a glass of wine & bids him joy of his honour; And the old Stew∣ards do the like to the new, which done the Court adjourns to a certain hour after noon, and all return back in the same order they came to the Castle, to a place where the old King, at his own cost, prepares a dinner for the new King, Steward of the Court, Bailiff, Stewards of musick and the Jurymen.

After dinner all the Minstrels repair to the Priory Gate in Tutbury; without any manner of weapons, attending the turning out of the Bull, which the Bailiff of the Mannor is obliged to provide, and is there to have the tips of his horns sawed off, his ears and tail cut off, his body smeared all over with Soap, and his nose blown full of beaten Pepper. Then the Steward causes Proclamation to be made, That all manner of persons, except Minstrels, shall give way to the Bull, and not come within forty foot of him at their own peril, nor hinder the Minstrels in their pursuit of him. After which proclamation the Priors Bailiff turns out the Bull among the Minstrels, and if any of them can cut off a piece of his Skin before he runs into Derby shire, then he is the King of Musicks Bull: But if the Bull get into Derby shire sound and uncut, he is the Lord Priors again.

If the Bull be taken and a piece of him cut off,

then he is brought to the Bailiffs house and there collered and roped, and so brought to the bull∣ring in the highstreet in Tutbury, and there bai∣ted with Dogs, the first course in honour of the King of Musick, tha second in honour of the Prior, the third for the Town, and if more, for divertisement of the spectators; and after he is baited, the King may dispose of him as he plea∣ses.

This usage is of late perverted, the young men of Stafford and Derby shires contend with cudgels about a yard long, the one party to drive the Bull into Derby shire, the other to keep him in Stafford shire, in which contest ma∣ny heads are often broken. [The King of Mu∣sick and the Bailiff have also of late compounded, the Bailiff giving the King five Nobles in lieu of his right to the Bull, and then sends him to the Earl of Devons Mannor of Hardwick to be fed and given to the Poor at Christmas.]

FINIS.

Notes

• * 1.1

  Com. War∣wic. Antiq. of War▪sh▪ by Sir W. Dug∣dale Kt.
• * 1.2

  To drive the Deer to a Stand that the Lord may shoot.
• * 1.3

  A heath-ground.
• * 1.4

  Dogs to be lawed on the left Claw of the foot.
• * 1.5

  Dogs un∣lawed or with whole feet.
• * 1.6

  to make Law, by bringing 3 others to swear besides himself,
• * 1.7

  To repair the Ford of the Milpond.
• * 1.8

  Reg. Prio∣rat. de Thurgarton cited by Dr. Thur∣roton. in his An∣tiq. of Nott. shire.
• * 1.9

  Law Dict. Verbo, Free-Bench.
• * 1.10

  Liber ru∣ber Castri Episcopi.
• * 1.11

  Tenella (or Tonella) Cervisiae is a little Tun Tub or Rundlet of Ale. Lierwyte or Lairwyte (from the Saxon lagan, con∣cubere, and pi••e, mulcta) signifies a Fine or mulct by the custom of some Man∣nors imposed upon offenders in Adultery or Fornication, and due to the Lord of the Mannor.
• * 1.12

  Constitut Rob. Du∣nelm. Epi. An. 1276.
• * 1.13

  This Horn with Horn is when Horned Beasts of several adjoyning Parishes do promiscu∣ously intercommon together, per cause de Vicinage
• * 1.14

  Custumar. Prior. Lewensis.
• * 1.15

  The learned Spelman says, These Lancetae were Agricolae quaedam, sed ignotae spe∣ciei. Besca, a Spade or Spittle from the French Bescher to dig or delve. Flagel∣lum, a Flayle. Cum corredio ad nonam signifies, meat and drink or Dinner at Noon.
• * 1.15.1

  Spelm. Gloss.
• * 1.16

  Rot, Parl. 21 E▪ 1.
• * 1.17

  Keelage, whereby he had by Custom what is here expressed for the Keel of every Ship, that came into his Sea-port with a Boat.
• * 1.18

  Iu Sessio∣ne Itin. de Ker∣diff. 7 H. 6.
• * 1.19

  Ex Rot. Curiae Ib.
• * 1.20

  Camd. Brit. fo. 441.
• * 1.21

  Ex relati∣on•• habi∣tantium.
• * 1.22

  MS. pener Sam. R••∣per Arm.
• * 1.23

  Pla. apud. Rading 45. H. 3. Rot 29.
• * 1.24

  Ex Vet. Consue∣tud. in Ar∣chivis Ar∣chiep. Cant.
• * 1.25

  To make a Scotale, is to make a Collection of a sum of Money to be spent in Ale. And in like sence does Manwood interpret it in his Forest-Laws.
• * 1.26

  MS. LL. li∣beri Burgi de Mount∣gomery.
• * 1.27

  This Gogingstool is the same which in our Law-Books is written Cuckingstool and Cokestool; antiently Tumbrel or Trebu∣chet, by Bracton Tymborella: The Sa∣xons, (for it is of great antiquity) called it a Scealfing-stole, i. Cathedra, in qua rixosae mulieres sedentes, aquis demerge∣bantur.
• * 1.28

  Reg. Prio∣rat. de Cokesford.
• * 1.29

  Pla. in Itin. apud Cestriam. 14. H. 7.
• * 1.30

  Pelf or Pelfre appears here to signify such a quantity of goods and Chattels as are here expressed, which to this day in common speech we call worldly Pelf. What At∣taniatos may signify I am to learn.
• * 1.31

  Et totum brasium infra unum Quarterium and all the Mault except one quarter.
• * 1.32

  De quolibet Tasso bladi clamat habere Groundstal integrum, of every mow of Corn be claimed to have as much as would cover the ground or floor where the Corn lay.
• * 1.33

  Carruca cum tota apparura, is a Plow with all its furniture.
• * 1.34

  Reg. Pr••∣rat. de Thurgar∣ton.
• * 1.35

  Nat. Hist. of Ox. sh. fo. 203.
• * 1.36

  Ibid. fo. 348.
• * 1.37

  Nat. Hist. of Ox. sh.
• * 1.38

  Liber ni∣ger Heref. fo. 158.
• * 1.39

  I suppose this Faldfey might signify a Fee or Rent paid by the Tenant to his Lord, for leave to Fold his Sheep on his own ground. And by sanguinem suum emere, was meant, that the Tenant being a Bondman, should buy out his Villainous blood, and make himself a Freeman.
• * 1.40

  Ex. Antiq. Rentali ejusd. Man.
• * 1.41

  I know not what this Swarf-money may signify, unless it were miswritten for Warth-money, or Ward-money.
• * 1.42

  Sir Pet. L••yc. Hist. Antiqui∣ties of Chesshire.
• * 1.43

  Inter Pla∣cita apud cestriam. 14 H. 7.
• * 1.44

  Stat. 39. Eliz. cap. 4.
• * 1.45

  Esc. de anno 16 E. 1. N. 34. Derby
• * 1.46

  Pla. co∣ram Rege Mich. 37 H. 3. rot. 4.
• * 1.47

  Here those Ores (which was a Saxon Coyn) are declared to be in value of our money 16▪ d. a peece, but after, by the Variation of the Standard, they valued 20 d. a peece. And this Fine for the tenants▪ marrying their Daughters, was without doubt in lieu of the Merchera Mulierum, or first nights lodging with the Bride, which the Lord anciently claimed in some Mannors.
• * 1.48

  Pla. de Jur. & Assi. de Anno. 16. E 1.
• * 1.49

  Inq. per H. Nott.
• * 1.50

  Lib. niger Heref.
• * 1.51

  These Tenants were bound to get yearly six Horseloads of rods or Wattles in the Hay-Wood, and to bring them to Hereford for the making of Hurdles to pen sheep in at the Fair. For Cleta I suppose is made a latin word from the French word Claye, which signifies a hurdle or watled Gate.
• * 1.52

  E monu∣mentis Roffenfis Ecclesiae. sub anno 1200.
• * 1.53

  This Judgment to carry hot Iron, to try the guilt or innocency of the criminal, was ac∣cording to the Ordalian Law, not abolished here in England till King Henry the thirds time.
• * 1.54

  Chacherellus Hundredi, is thought by the learned Spelman, to signify the Stew∣ard of the Hundred, from the French Ca∣chereau i. Chartularium
• * 1.55

  Rot. Pat. 3. H. 3. m. 5.
• * 1.56

  Antiq. Su∣pervis. Honorii de Clun.
• * 1.57

  Reg. Prio∣rat. it. de Dun∣mow.
• * 1.58

  Liber de Consue∣tud. Eccl. Roff. fact. 1314.
• * 1.59

  For Provende••
• * 1.60

  These Spigurnelli were Sealers of the Kings Writs; for King Henry the third appointed Geofry de Spigurnel into that Office, and perhaps the first in it; or for some other e∣minency in him, it was, that these Officers were afterwards for some time called Spi∣gurnels.
• * 1.60.2

  Pat. 11 H. 3. M. 7.
• * 1.61

  Castumar. de Bello in Com. Sussex.
• * 1.62

  Ad tassum furcare. i. to pitch to the Mongh.
• * 1.63

  Liber ni∣ger Heref.
• * 1.64

  For driving Deer to a stand in order to shoot∣ing them, or into Buckstalls or Deer-Hays for taking them.
• * 1.65

  Domesday. Rot. de Quo War. 20 E. 6. 1. Heref.
• * 1.66

  This Domesman is one of those that sit in the Court in Judicature with the Steward, for Dome in Saxon signifies Judgments; And there are nine of these Domesmen con∣tinued to this day in Irchenfeild, and were so from a long and unknown beginning, of which see Taylors History of Gavelkind.
• * 1.67

  Domesday. tit. Heref.
• * 1.68

  Stabilitionem in sylva is the same with Sta∣bliamentum pro Venatione, expounded a∣bove. Masuras, dwelling houses Inewar∣dos, I suppose may signify such as guarded the Kings person. Pecunia is here used for Cattle and goods; for of old Pecunia pro pecude often occurs. see Law Dictionary.
• * 1.69

  Inq. temp. E. 1. de Hundr. de Lang∣tre, in Com. Ox.
• * 1.70

  Ex Re∣gist. de Tutbury.
• * 1.71

  1 H. 6.
• * 1.72

  The Erle of Devon∣shire is now Pri∣or. ab. H. 8.
• * 1.73

  Cabossed. Ears. Single or tayle. Brow∣antler s.
• * 1.74

  The pre∣sent Stew∣ard is the Duke of Ormond, & Mr. Edw. Foden his deputy. The Earl of Devon. is Prior.