III. Law & Society

The sheer numbers and kinds of documents which have survived from the later Middle Ages in England provide us with a great deal of information about the development of the practical law, legal innovations, and the changing--or unchanging--social conditions of the time. The charters in this case illustrate various aspects of English society from the 1290s to the 1590s.

36.

probably after c. 1290
Grant
Riston, Yorkshire

A grant by William the miller of Riston to Simon his son, of a house with a courtyard adjacent in the vil of Riston which the grantor had of the gift of William son of Robert Bassat of Riston, lying next the messuage of Stephen the miller on the south side; the grantee rendering to the chief lord of that fee the services due and accustomed: 2s. a year and service at two courts in the year. The final clause of this charter could indicate that it was written after the year 1290 and Edward I's statute Quia emptores, as it stipulates that "the customary services" are due to the chief lord, not to the grantor. But the conveyance still appears to be one of subinfeudation (rather than substitution) and that would suggest an earlier date. A change is in the air, and this charter totters on the brink of the new legislation.

37.

c. 1300
Grant of an inheritance
Timberscombe, Somerset

Grant by Philip de Vinea, heir of Robert de Vinea his brother, to Simon de Ponte, son of William de Ponte and of Christina his sister, of all his inheritance in the fourth part of one fee of the manor of Tymbercombe and of three acres upon "Maghoc," his grove of "la Vynge," and the services of his free tenants, namely of the prior of Dunster, of Geoffrey le Fort, of William de Bytenore, of Gilbert Pyrus, of Simon de Ponte, and others. The actual appointment of an heir was not lawful--"for," says Glanvill, "only God, not man, can make an heir." However, "if [the donor] has not begotten an heir of his body è he can give to anyone he pleases part or all of his acquired land to hold heritably; and if the donee is seised in the donor's life, no remoter heir can upset that gift."¹⁷ As in No. 2 we see that it is important here for Philip to stipulate that the services due on the land are those of his free tenants; indeed, if they had been villeins their names might not have been mentioned at all. Notice that the "heir apparent," Simon, is one of his uncle's tenants and as such owes services to him.

Seal of white wax in a linen bag

38.

1336 November 20
Warranty
Pyleholte(?), Kent

Pledge by Adam de Aula of Pyleholte that he is obliged to defend against the lords of the fee and against all men John de Sandhurst, Katherine his wife, and William de Langele and Cristina his wife, with respect to one half acre of land which he sold to them by a charter of enfeoVment. This standard clause of warranty must have been left out of the original charter by mistake, so the omission had to be rectifed by a supplementary charter.

Seal of faded red wax bearing a device: the Pelican in Her Piety. The Physiologus (a popular textbook of natural history) and medieval allegory taught that the pelican resembles Christ, for when her young chicks are hungry she pierces her own breast with her beak and lets them feed on her blood. This was a fairly common device--see the photographs of Commoners' Seals.

39.

1338 July 5
Grant and Livery of seisin
Wivenhoe, Essex

Grant by John de Suttone of Wyvenhoe, knight, to John de Suttone his eldest son of all his tenement called "Cokayne" in the vill of Elmestede, with its appurtenances and the services of tenants free and bond (tam liberorum quam nativorum); with annual rents from holdings in Great Benteleye, namely 3s. from the earl of Oxford, 11s. 6d. from Hugh de Roklonde, and 3s. 11d. from Richard Drawesword. Sewn to the face of the grant is a note to the effect that on the Monday following the Feast of the Translation of St. Thomas the Martyr, Elias le Herde, acting as the attorney of Sir John de Suttone, took livery of seisin of the tenement according to the form of the charter attached, all tenants free and bond doing fealty (fidelitas). The tenants are named, each according to his status. Also named are the witnesses to the ceremony, including Richard de Berghholte, "clerk of the familia of Sir John de Suttone." Elias also notes that "On that day no court was held on account of the King [Edward III] being at Ipswich preparing to cross over to French territory." 1338 was the second year of the Hundred Years' War and it seems likely that lord John would be with the king on that day.

Seal bearing arms and a crescent moon with the legend: S" JOHAS:DE:SVTTONE:

40.

1350 March 14
Notice and Exhortation
Draynes, Cornwall

Charter of Ralph de Bevyle addressed to all his tenants of the manors of Draynek and Credawel, requesting and exhorting them to be faithful henceforth to John son of Lawrence de Bevyle and the heirs of his body, to whom the said Ralph has granted their rents and services, which they were wont to do to him for the lands in those manors. The year 1350 marked the height of the Black Death in England: perhaps Ralph, left without heirs and himself in expectation of death, had this document drawn up. The charter granting these services to John does not survive in this collection.

Seal bearing a shield with an ox(?) and the legend: *S.RADVLPHI BEVR[?]VILE.

41.

1366 November 3
Indenture of lease
Diss, Norfolk

Grant by Walter son of Walter, lord of Wodeham in Essex, to William Moundry of Disce of a messuage, eight acres of land, and a piece of pasture near Dukmelle in Disce, which lately belonged to Henry de Albotelee, for a term of 200 years from Michaelmas last past at a rent of 2s. 8d. a year and suit of court at Disce, the grantee to do repairs at his own cost. Given at Henham (in Suffolk). Woodham Walter in Essex was the chief holding of the Walter family, but it is obvious from this document that their lands were both extensive and scattered.

Armorial seal with the legend: Sigillu' Walteri de Wh...

42.

1374
Grant and Appointment of attorneys
Barmford, SuVolk

Grant (dated January 9) by Richard Chamberleyn of Henleye and Robert Waleys of Ipswich to William Waltone of Ipswich and Alice his wife of a grange with a piece of land near Bramforde. Sewn to the face of the document is a note dated August 14 written by Thomas le Mayster of Ipswich and appointing William Ferers of Ipswich and Peter Flemyng of Bramford as attorneys to deliver seisin in all the lands in Bramford according to the form of the charter made by him on behalf of Richard Chaumberleyn and Robert Waleys. A glimpse of the lawyer-client relationship in its early stages.

Seals of the grantors, the one bearing arms and the legend: Sigillu' Ricardi Ch....sleyn; the other, a device with the legend: SIGIL.ROBER.WALEYS

43.

1398 November 11
Indenture of lease
Maidwell, Northants.

Lease by Simon at ye Est Ende and Isabel his wife, of Maydewell, to Henry Pye of the same, of a piece of pasture called "Gunnilisbowre" and a piece of arable containing six selions called Ryecroft, for the term of forty years. Rent: a rose at the Nativity of St. John the Baptist. The seal attached to the document was probably that of Simon's father.

Seal of arms bearing the legend: S' WILLI G' BY AES' BURGIS [?]

44.

1420 July 13
Indenture of agreement
Eastry, Kent

Indenture witnessing that, whereas Stephen atte Halle of Haryndene in the parish of Eastry is seized of a rod of land at "le Drove" by virtue of a charter made by Thomas atte Cherche, the said Stephen grants that, as long as he, his heirs and assigns quietly and peaceably enjoy a rent of 9d. granted by the said Thomas, then the first-named charter shall be of no effect; but if they be distrained or ejected from the enjoyment of the said rent, the charter shall retain its full force. In other words, Thomas may continue to occupy or use the land so long as he pays rent for it. The owner of the seal may be the last witness, William atte Halle.

Seal bearing an anchor and the legend: S'WILGEL PETOR...[?]

45.

1451 June 24
Grat
DronWeld, Derbyshire

Grant by John Clerke of "Somerless," son and heir of Robert Clerk, to John Talbott, son and heir of the earl of Shrewsbury, John Barker of Dore, and John Hordryn, chaplain of the guild of St. Mary of Dronfeld, of all his lands in Wodsmythes and Woodthorpe in the fee of Ouston, with all their appurtenances. The charter is among the first in the collection to bear a numerical date, A. D. 1451, rather than the regnal year, 29 Henry VI. Could there be a political implication? Events of 1451 show Richard duke of York gaining new ground in his campaign for the English throne. Omitting Henry VI's regnal year from charters would be an easy and effective way for Yorkists to undermine the King's sovereignty and publicize their own intentions. Such propaganda could work both ways: when Charles II returned from exile in 1660 all writings were dated from the twelfth year of his reign--which for him began on 30 January 1649, the day of his father Charles I's execution. During the Commonwealth, needless to say, regnal dates had been absent from all charters.

46.

1533 November 30
Letters of attorney
Winfarthing, Norfolk

Letters of attorney of Thomas duke of Norfolk, Treasurer and Marshal of England, appointing Roger Aldred and John Joley his attorneys to deliver seisin of ten acres of land in Wynferthyng to Thomas Arundell, esquire, George Wyndham, clerk, Robert Holdych, esquire, Andrew Dudley, Robert Acton, and James Wylkyns, gentlemen. Signed "T Norfolk" in a bold hand.

Seal bearing the arms of Norfolk as Lord Marshal of England with the motto of the Order of the Garter: HONIT SOI' QUI MAL Y P'NSE

47.

1594 August 25
Grant (tripartit)
East Peckham, Kent

Indenture tripartite of a grant by Roger Twysden of the parish of Wye in the county of Kent to Alice Ongeleye, widow of Robert Ongeleye late of East Peckham, yeoman, of an annuity of £3.13.6 issuing out of certain land in East Peckham; to hold to Alice and her assigns for as long as she lives alone, chaste, and unmarried according to the custom (consuetudo) of gavelkind. Gavelkind was recorded in Domesday Book as a usage unique to Kent and it managed to survive, off and on, into the present century. It involved provision made for a widow which became void if, as often happened, the widow remarried. The mark of Alice appears at the bottom of the document.

Seal bearing a vine and the initials M B

Prev | Next