I. In Deed and Word (1100-1300)
Notes on Measurement and Currency
1 2 3 4 5 6-7 8-9 10 11 12 13-14 15 16 17-18
The administrative foundations of English government were laid under Henry I (1100-1135) and fortified during the reign of his grandson Henry II (1154-1189). Yet few charters survive from this era. Not surprisingly, one of the earliest documents in this collection can be dated to the last years of Henry II's reign, and several more to the reigns of his sons Richard and John. The age of Henry III, however, saw the composition of the first systematic treatise on English law--that of Henry de Bracton (d. 1268)--and an increase in the practice of making charters. With the advent of Edward I and his quo warranto proceedings, which culminated in the 1278 Statute of Gloucester (6 Edward I), legislation provided a greater impetus for documentation: claims based on landholding had to be supported by proof in the form of sealed instruments, or deeds. A written record of the transfer of land was not required in England until the seventeenth century, but the value of possessing such a record became increasingly apparent throughout the later Middle Ages.
The documents in this case, therefore, were produced during a period of gradual change and are evidence of the primarily memorial function of early deeds. By the time the parchment was inscribed and sealed, the actual deed, the transferal itself, had already occurred. What had happened at the ceremonial "livery of seisin" was not recorded, nor was the date, nor the precise location of the land in question. As far as medieval people were concerned, details like these did not need to be written down. After all, everyone in the village knew whose land it was, what it was worth, and where it was located. The purpose of a charter was to remind the men of time to come that an important event had taken place--it was a keepsake and a letter to posterity.1
Note on Measurements and Currency2
8 bovates = 4 virgates = 2 carucates = 1 hide = 120 acres
From Domesday Book (1086) it appears that one hide of land would support one peasant family and was thus the basic agricultural unit of early medieval England, just as the peasant family was the basic unit of labor throughout the Middle Ages. But many scholars are inclined to think that the hide was a much smaller unit. Certainly few peasant families ever had access to as much as 140 acres; most subsisted on forty or so.
2 sulongs = 5 hides = 1 knight's fee (c. 1200)
At the time of the making of Domesday Book, most fighting men supplied themselves with war gear from the proceeds of one to two hides of land. By the beginning of the thirteenth century, however, at least five hides were necessary to provide a full-fledged knight with livelihood and equipment, which by then included the newer, much heavier armor required for man and horse.
12 pence = 1 shilling; 20 shillings = 1 pound
a guinea is usually worth 21 shillings
a mark = 13s. 4d.
For much of the medieval period forty shillings was considered a very large amount of money, equivalent to the yearly income of a rather well-to-do landowner. Most peasants dealt only with the smaller denominations: rents are usually given in shillings and pence. By the end of the fourteenth century, however, inflation and population decrease (caused by famine and plague) forced wages up, resulting in the wider circulation of larger sums.
1.
c. 1180
Grant
Edenbridge, Kent
Grant by William del Turp to Simon son of Robert of two bovates of land in Eden, stating that because Robert had held this land of William, Simon and his heirs hold it in fee of William and his heirs in exchange for The free external service of two bovates in Eden. The bovate was an ancient measure (see Note on Measurements) based on plowing-units of oxen. It is difficult to say what the services required of Simon actually were: they might have ranged from the plowing of lord William's land to the discharging of services owed by lord William to his own lord (see Introduction).3 The witness list is headed by Ralph the priest, possibly the scribe, and includes (second from the end) the name of Walter brother of Simon.
Equestrian seal of the grantor, bearing the legend SIGILLVM WILLELMI DEL TVRP
2.
12th century
Grant
Alresford, Essex
Grant by Geoffrey de Ferculis to Robert son of William, his free man (liber homo) of Alesford, of all the land which Walter son of Edwin held in the grantor's will of Alesford, including exit for his beasts about that land into the common pasture. While No. 1 is a grant in exchange for service this grant represents a lease of the land with Robert making a downpayment of 2½ marks in addition to a yearly rent of 2s. 6d. The designation Free man is important: Robert may be paying rent for the land but he is not in any way "bound" to it. It is usually difficult to tell the difference between free and "unfree" (servile) men in medieval documents and specific references like this one are rare.4 The witness list includes the names of William the reeve (pr"positus), John the clerk of Nevenham and Everard his son (see No. 18), and three members of the de Ferculis family.
3.
c. 1180
Grant
Wivenhoe, Essex
Grant by Robert de Spereburne to Sir Richard Bataille of all his sedge (yllira, or marsh) which he held of Geoffrey de Cokama, saving to Robert a route (iter) eight feet wide and coming from his house for riding, carting, and driving his beasts to the great road leading from "Cokama" (in Elmstead) to Wiveh'; to hold of the grantor at a yearly rent of 8d. pence saving the king's service, to wit for a scutage of 20 shillings, halfpenny. The feudal arrangement between king and vassal had a military basis: the king provided his men with land and they in turn pledged their service as soldiers in wartime--or at least agreed to send their own knights to fight in the king's army. But as this charter demonstrates, a landholder whose allotment of land required him to send, say, three knights for military service, might find it easier and more profitable to send only the monetary equivalent. The king would often raise money by levying a scutage based on the value of a military tenture. In this case, for a scutage of 20s. to the king, Sir Richard would be obliged to pay haypennny. Witnesses to the charter include Sir Thomas the chaplain (domine being a title of respect for priests as well as for knights in this period) at the head of the list and Nicholas the clerk at the foot.
Seal of Robert de Spereburne bearing the device: a bird with outstretched wings and neck extended, and the legend: S'.ROBERTI. DE.SP...BURNE
4.
c. 1200
Grant
Brinklow, Warwickshire
Grant by Richard son of Ernisius to William Bacun and his heirs of that land which Herbert son of Jordan held and which Roger son of Herbert held, at a yearly rent of 12d. For this grant William has given one mark. A long witness list is headed by William de Brinkel' and includes the names of Gerard Vintner, John Mercer, William Blundo the smith, Haldane Careter, Gilbert and Hugh the butchers, and Richard de Aula (see No. 6).
Compare the seal with that of Robert de Spereburne in No. 3: the device here is nearly identical. Legend: + SIGIL' RICARDI FILII ERNISII
5.
c. 1200
Grant
Bulby, Lincolnshire
Grant by William Benedict of Boleb' to Henry son of Thomas de Huvartop of four selions of land in Bolebi which abut upon "Areweitsiche," at a yearly rent of a halfpenny at Christmas. Christmas was often the time fixed for the payment of rents, perhaps because it was easier to wring money out of tenants at that convivial time of year. The sections of land referred to here were probably four strips for plowing in the common Welds around the village: these were very long and narrow, designed to make plowing easier, as the plowman would not have to negotiate a turn too often.5 This document may have been made by one of the witnesses, John the chaplain of Irnham, whose script has been described by one expert as "uncouth."6
6 & 7.
c. 1200
Grants of Walter Deyville
Coventry
A pair of grants by Walter de Daevill, lord of Stoke. The First is to Richard de Aula (witness to a grant in nearby Brinklow, No. 4) of a piece of arable land outside the town which William Marescall held and which he gave to Lettice daughter of Richard de Sutton, his granddaughter, at a rent of 12d. per year and for a downpayment of 11 marks. Here (as in No. 4), the history of the land's tenure is cited not to prove a hereditary claim but simply to locate and identify it. Witnesses include Swain the parker (who also appears among the witnesses of No. 7) and Richard the goldsmith, perhaps an indicator that Coventry was already a town of some size and prosperity (see Case VIII). The second grant is to Walter son of Jerricus de Covintre of a croft in the nearby vill of Stoke, to hold of the grantor at a yearly rent of certain white gloves in Easter week. While the rent is symbolic rather than monetary it is by no means inconsiderable, as gloves were an important indicator of aristocratic status and as such could be expensive (see below, No. 8). The witness list includes the name of William Bacun, the beneficiary of No. 4.7
Armorial seals of Walter de Daevill, bearing the legend: SIGILL' WALTERI DE DAEVILL'
8 & 9.
c. 1230 and c. 1250
William le Megre to Hugh de Vere
A grant and later quitclaim of William le Megre to Hugh de Ver, fourth earl of Oxford (d. 1263). The First document records that for his service and for 16 shillings which he has given in gersum (a fine for entry into possession a holding) William grants to Hugh the 28 pence yearly in the parish of Benetlegh Magna (Great Bentley, Essex) which Margaret de Glebregg was wont to pay to the grantor, along with all the tenement which Margaret held of him; for which the grantee is to pay yearly one pair of white gloves worth one halfpenny or one halfpenny at Easter. Principal witness is Sir Henry de Bellocampo "then seneschal of the lord earl" and several other knightly personages, possibly members of one or the other household. No. 9, probably dated some twenty years later, is in fact William's promise to Earl Hugh that he has renounced all claim to a similar rent which Walter le Alemand ("the German") was wont to pay to him for five acres in Great Bentley--land that Walter actually holds from Earl Hugh. William and Hugh seem to be engaged in exchanging the lordships of these lands, and have agreed that Margaret and Walter will remain and pay their rent to Hugh. The witness-list includes the names of more household knights and of retainers like Thomas Tailor, Philip Falconer, Master William Cook (either a very good cook or a university graduate), and William de Lammers, clerk.
Two seals of William le Megre bearing a floral device in high relief and the legend: S'WILELMIMEGRE
10.
c. 1250
Grant
Baddesley, Warwickshire
Grant by Ralph de Bisege to Alan son of Alexander of one carucate (see Note on Measurements) of land in Badesleye for his homage and service and for 40 shillings in hand, namely that land which was given to Alexander de Rokinton with Ysabele the grantor's aunt in free marriage; at a yearly rent of 2 shillings, to wit 12d. at St. Andrew and 12d. at St. Peter ad vincula. This is a good example of maritagium or a gift of land in marriage, usually (as in this charter) by the father of the bride as a provision for her future and that of her heirs. One can imagine that the grandfather of Ralph and Alan, who are cousins, gave a piece of land to his daughter Ysabele when she married Alexander. The bulk of the family property then passed to Ysabele's brother, probably the father of Ralph who here is recognizing the claim of Alan to a certain portion of the family holding. The original grant to Ysabele and Alexander and the heirs of their body was "free"--that is, her father paid the annual rent. Now that Alan has come into his inheritance he must take over the business of homage and service.
Equestrian seal of Ralph de Biseche with the legend: +SIGILL'.RADULFI DE BISECHE
11.
c. 1250
Grant
Trevilla, Cornwall
Grant by Robert de Bodenewel and John de Bodeston to Alexander lord of Pengerkyuc of their right in the water which runs between their lands of Bodeston and his land of Trewelli, to wit their moiety of that water and the mill-stream and mill-pond for the use of the mill of the said Alexander, with right of way through their land of Bodeston except over corn and unmown meadow, at a rent of 12d. a year, namely 6d. to each of them on St. Andrew's Day. In Welsh, as perhaps in Cornish, tre is "hamlet" and felin "mill,"8 so the importance of the mill and its stream as laid out in this document is underscored by the place-name. As in Nos. 2 and 3, a grant of land or water would be useless without a right-of-way, here particularly if Alexander is planning on running his mill as a large commercial enterprise--a fact which seems conWrmed by the grantors' wise stipulation concerning possible damage to their property. The witness list is typically Cornish and features the name of Ralph "the palm-bearer" (palmiger'), a local celebrity who has been on pilgrimage to the Holy Land.
12.
c. 1250
Grant
Elmstead, Essex
Grant by Philip de Hobruge to Richard Batayle of all the land which Robert son of Reginald held of the grantor in Elmested of the hide of Ribald, at a rent of 6 shillings a year and 12 pence for a scutage (see No. 3) of 20 shillings; for which the said Richard has given 12 marks. "Hide" here is used in a way familiar from Domesday Book (compiled at the behest of William the Conqueror in 1086)--which is interesting, as the thirteenth century saw, for the first time, the beginnings of the use of Domesday as a general reference work.9
Armorial seal of Philip de Hobregge bearing the legend: +SIGILL: PhILIPPI.D:hoBREGGE
13. & 14.
c. 1280
Quitclaim and "Bond"
Elmstead, Essex
Two contemporary documents recording transactions between Richard Coleman and Lucy his wife and John son of William de Frating. The first is a quitclaim by Richard and Lucy to John of IIs. of yearly rent in Elmested which they were wont to collect from various tenants. The second is their scriptum obligatorium or bond for the sum of £10, to be paid to John or his heirs before Richard and Lucy or their heirs can make any claim to a rent of 11s. a year in Elmested which they have quitclaimed to the said John. The Colemans are in debt to John and are designating the proceeds from their tenements in Elmstead as interest payments. This type of arrangement was designed to avoid the prohibition against usury. The land in question might be Lucy's dower-land, from her first marriage to John.
Seals of Richard and Lucy Coleman, both vesica-shaped and bearing devices and legends: *S'.RICARDI.COLEMAN // +S'LUCIE QUE FVIT.VX IOHANNIS ["Seal of Lucy who was the wife of John"]
15.
c. 1260
Grant
Bradley, Derbyshire
Grant by Humfrey de Bradeleg to GeoVrey son of William de Bradeleg as his right of half a hyde and half a virgate (see Note on Measurements) of land in Bradeleg, which the grantee's father held, at a rent of 16s. per year, along with some pastureland; for which grant GeoVrey has given 2 marks to Humfrey and 6d. to William the latter's son. Here, the heir of a former tenant pays an entry-fee to the landlord as well as to the landlord's heir-apparent. This charter is a good example of the perils involved in locating places like "Bradley," since there are two dozen villages and towns of that name in England. The witness list, however, gives the name of Walter son of Ralph of Edinover (Endsor), a village south of Bradley in Derbyshire.
Sealpendant on double strands of braided cord, green and beige, and bearing the device: a stag's head with the legend: +SIGIL: HUM... [illegible]
16.
1273 May 7
Indenture
Eye, SuVolk
An indenture or chirograph (see Case II) witnessing an agreement between William Lefleyre of Berntham and Ralph de Blanchevill of Eys. William agrees to pay Ralph the sum of IId. yearly rent from one mill and the site thereof (fundum) and a meadow in the parish of Eys, properties which this charter says are described in another charter (not in the collection) whereby said Ralph enfeoVed the said William. Given at Ocle (Oakley) on the nones of May, 2 Edward [I]. This is the earliest dated document in the collection. As in No. 11 the importance of mills in an agricultural society is evident. The witness list is of interest, as it demonstrates that even at this early date, in England at least, almost everyone had some kind of surname--although these names were not necessarily hereditary, especially among the lower classes who had little need to be identifed as members of a particular family or "house."10 The variety of the names is also interesting, as some are place-names, some epithets derived from French (or Latin), some merely professional names or patronymics. They include: John Habday, John de Cakestrete, Benedict de Lampet, John Oliver, Simon Snylard, Nicholas Moyse, Thomas Cobering, Philip Lechild, John Snod, Adam de Scrubelond, Edmund de Camp, Adam le Stabler.
Seal of William LeXeyre (which shows that this half of the chirograph was kept by Ralph de Blanchevill) bearing device with the legend: SIGILL' WILLI THUN...
17. & 18.
c. 1270 and 1297 August 16
Helston, Cornwall
A pair of grants featuring two priests, father and son, as landholders in Cornwall. The first is a grant by Richard son of Baldwin de Trewiados to Roger de Sancto Constantino, clerk, of half a Cornish acre of land with all his messuages, which formerly belonged to Nicholas the priest, a portionary in the church of St. Constantine; the grantee to pay a yearly rent of 2s. for all services save royal tallage. No. 18 shows Roger the clerk, son of Master Roger de Sancto Constantino, granting to Henry de Pengerset a messuage and a garden in the borough of Helleston; the document is dated the Friday after the Assumption of St. Mary, 25 Edward [I]--another early date. It is unclear whether or not the land in No. 17 represents the beneWce of the parish priest of Helleston, but it does seem to be the case that the charters refer to a father and son who are both in Orders. Although the Church had long since forbidden marriage to men in the priesthood, the practice was notoriously diYcult to stamp out, especially in England.11 Evidence of clerical beneWces passed on from father to son can be found elsewhere.12
Seal of Roger son of Roger de Sancto Constantino, bearing the device: a figure ("St. Constantine"?) circumscribed by a cross and the legend: VIDET[?]...VE [broken]13