GLOSSARY
[References are to volume and page number: thus Volume 3, page 247 is referred to as iii. 247. The letter n refers to a footnote.]
A - B - C - D - E - F - G - H - I - J - K - L - M - N - O - P - Q - R - S - T - U - V - W - X - Y - Z
A
Ac (Saxon):- An oak-tree (iv. 121, 121n). It appears as ach, ak, ake, ock, or hoc, in composite words (i. 369n).
Acontrewal, or Contrewal:- Downwards, from the Norman French contreval (vi. 52).
Acre:- A measure of land area, from the Saxon AEcer (a field), and that from the Latin Ager.
The Domesday acre cannot be taken to indicate an invariable quantity; but the acres, 120 of which are commonly reputed to have constituted a hide, may in all cases be taken to have contained an area at least twice as great as that of modern statute acres (see iii. 226).
The acre, as settled by statutes of 31 Edward I., and 24 Hen. VIII, should contain 160 square perches or 43,560 square feet. In the thirteenth century we have an instance (v. 203) where the acre contained 100,000 square feet. This was because the rod or perch, by which it was measured, was prescribed to be 25 feet long, instead of 16½ feet (the modern perch). Also, we have two instances (v. 204, xi. 135) where the acre contained 92,160 square feet, the perch by which it was measured being 24 feet long. Again we have an instance (iii. 208) where, in the year 1292, the Royal acre is described as containing more than 10 ordinary acres. Lastly we have (vii. 295n) a mode prescribed for measuring the acra bosci regalia, where, a rod of 22½ feet being used, the result is an acre containing 81,000 square feet; which is hardly so much as double an ordinary acre.
Adquietare:- To save without harm (viii. 152).
Adventiones:- Incidental income (iv. 227).
Advocaria:- Advowry-fees (x. 331), v. Advocatio.
Advocatio:- Advowry (v. 8, 123, 283, 300, 301; viii. 39; ix. 121, 170, 345n, 349, 350, 352n, 360).
Advocatas:- A patron (ix. 366).
Agistator:- An officer appointed to collect the pannage due from persons who fed their swine in the Royal Forests (iii. 216, 297; vi. 341; ix. 14n).
Agistiamenta:- The fees or revenue derived from pannage or pasturage (iii. 216).
Agistiamenta aquae:- Water-banks (ii. 299), or whatever impounded water lay, or rested, upon (from the French gister, to lie). Vide ix. 263; x. 373.
Aid:- A tax paid by persons or communities to someone in authority. Aids could be demanded by the King from his subjects, by a feudal lord from his vassals, or by the lord of a manor from the inhabitants of his domain. A feudal lord could ask his vassals for an aid because they owed him help and counsel. In the course of time, however, the occasions on which a lord could ask for a subsidy came to be limited (1) to the knighting of his eldest son, (2) to the first marriage of his eldest daughter, (3) to the payment of his ransom, and sometimes (4) to his going on a crusade.
Aisiamenta:- Easements, e.g. pasturage in, or firewood to be taken by tenants from, the Lord's woods.
AKA:- The name of a place, and two instances where it has been converted into Rock (v. 25n).
Almoner:- A Conventual Officer (iii. 261n).
Alnetum:- Moorland partially overgrown with alder shrubs (vii. 293; x. 284n).
Alr, AElr, or Aler (Saxon):- An alder tree (vii. 7).
Altaragium, altarages:- The Profits of the Altar, i.e. not merely voluntary oblations offered by the people upon the Altar, but all income accruing by reason of the Altar. This sometimes included Charity-pence and Mortuaries, and even tithes are found classified under the general term of Altarage (see vii. 314, 370; xi. 250, 340).
Alveolus aqua:- A water-course (x. 203).
Amercement, or amerciament:- A pecuniary penalty, assessed according to the discretion (merci) of a Court, or other competent authority. It is technically distinct from Misericordia and Fine (i. 82n).
The following subjects of amercement are of more common occurrence:
Pro balliva male custodita (vi. 208).
Pro concelacione (ii. 38; iv. 31; vi. 317; xi. 179).
Pro contemptu (ii. 181; lii. 16; ix.100; x. 164).
Pro defalta (v.61; vii. 322).
Pro defectu (v. 140).
Pro difforciamento (iv. 245).
Pro disseieina (iv. 335; vi. 124).
Pro duello quod reliquit (iv. 375).
Pro falsa jurata (viii. 2).
Pro falsa presentacione (iii. 15; iv. 50).
Pro falso clameo or clamore (iii. 53, 60; vii. 321, 322).
Pro falso dicto (vii. 172n, 327, 390; xii 18).
Pro falso sacramento (v. 79).
Pro fine ante judicium (v. 163-4, 164n).
Pro habenda mencione (viii. 117).
Pro injust detencione (iii. 34; iv. 44; v. 70; vi. 75; x. 7).
Pro pluribus transgressionibus (iii. 57).
Pro purprestura (vii. 324).
Pro receptacione excommunicati (ix. 131).
Pro stulto dicto (vi. 104).
Pro transgressione (iii. 57n; v. 63; x. 89).
Pro transgressione venacionis (vii. 79, 104).
Pro vasto or Pro wasta (vi. 180; vii. 327).
Pro viridi (vii. 348).
Quia canes sui cucurrerunt sine licentia (iii. 14; vii. 316; xi. 319).
Quia carbonaverunt in foresta (vi. 91).
Quia cepit catalla sine waranto (vi. 198).
Quia contra placitavit (xi. 98).
Quia habuit leporarios in foresta sine waranto (vi. 79).
Quia interfuit falso judicio (vi. 103; vii. 47; viii. 115).
Quia negavit quod prius dixit (vi. 86; ix. 144), or, quod postea recognovit (vii. 326).
Quia non fecit preceptum Regis (iv. 204).
Quia non fecit inquisicionem thesauri (iv. 328).
Quia non fecit sectam de morte occisi (x. 202).
Quia non habuit (vi. 317).
Quia non habuit quem plegiavit (ii. 45, 151, 319; iii. 144; iv. 328; v. 166; vi. 316; vii. 211; viii. 60; x. 73n).
Quia non venit (v. 61, 187, 221).
Quia non venerunt plenarie (vi. 342; vii. 4).
Quia retraxit se (iv. 137, 227; vi. 52; x. 104).
Quia sepeliverunt hominem sine visu Coronatoris (viii. 58).
Ancillae (Domesday):- Female serfs (i. 164n; iv. 142), sometimes worked at the plough (iv. 367n).
Anelace:- A long dagger (i.333).
Anguillus:- An eel (x. 101, 308).
Anniversarium, an anniversary:- The yearly return of the day of a Founder's or Benefactor's death, registered by Religious Houses in an Obitual or Martyrology, and observed in some special way (iv. 65, 246; vii. 237; x. 58, 139; xi. 61).
Annona:- Corn (iv. 302), or an annual corn-rent (vii. 130).
Annus et dias:- A year and a day (iv. 238, 336; vi. 125; vii 64, 77; viii. 24).
Antecessor:- Predecessor in an office or estate (iv. 80; vi. 58; vii. 220n; ix. 79n).
Antravers (perhaps Autravers):- Seems to mean "across" (vi. 52).
Appellare:- To challenge (viii. 135).
Appendicia:- Appurtenances, or things that belong to and go with something else, the appurtenance being less significant than what it belongs to. The word ultimately derives from Latin appertinere, "to appertain". In a legal context, an appurtenance could for instance refer to a garden that goes with the adjoining house.
Apponere clameum suum:- To put in a claim, when a third party questions the right of other two parties to settle anything by Fine. Also known as apponere clameum suum diversa. The phrase is explained and illustrated (ii. 158n; vi. 91, 99; vii. 323-4; ix. 94; x. 168, 204); but wrongly explained (iii. 180n; iv. 281-2; v. 118; vi. 275, 275n); the protest sometimes partial, not general (iii. 317).
Appropriato:- The granting a Parochial Church, or the great tithes and better profits thereof to the proper uses of some Religious body.
The scandalous nature and lamentable results of the transaction (i. 209; iii. 117-118; v. 42, 174; vii. 313; ix. 51; x. 87, 117, 193, 231; xi. 259, 340).
The process described (iv. 11; vi. 29; viii. 148-9; ix. 306-308; x. 336-7).
The plausible excuses usually offered for (iv. 156; xi. 237).
One authorized by the Pope, independently of the Diocesan Bishop (x. 117).
The mischief sometimes obviated by re-endowment (x. 117).
Approviare:- In the sense of appropriare, viz. to enclose and cultivate part of a common (iv. 286n); but the verb is usually found with a peculiar construction, e.g. approviare se de tota bruera (vol. p. 374), means "to appropriate any part of the heath to their private uses". Hence-
Appruamenta:- Lands redeemed from the waste (iii. 208; x. 58).
Armiger:- An Esquire (vi. 103); one attached to Haughmond Abbey (vii. 302).
Arrativa:- A day's ploughing (iii. 256n).
Arrentatio:- A fixing or assessment of rents; on Forest-lands (ii. 26, 73; iii. 84, 215, 217, 242-3; vi. 25, 91, 146, 208-9, 340, 345n; ix. 47); on alienations of Serjeantries (ii. 144; v. 91; vi. 124, 141, 208).
Assartum:- A piece of land cleared of wood and fit for tillage (i. 297). Also known as essartum, or exartum.
Assensus, consensus, consilium:- Words frequently used in ancient Deeds to indicate the formal or necessary consent of a third party, e.g. of a Grantor's heirs (vii. 19), of a Grantor's wife (vii. 289), where the object was to bar any future and contingent claim of dower.
Assisa:- Originally a Court or place where Judges or Assessors met, to hear and to determine; secondarily, the act of so meeting, the cause, subject, or result, of such meeting; from assidere. Hence the following tertiary uses of the term, viz. an ordinance or statute, a trial (viii. 139), a tax or assessment, a power of assessing.
Assisa forestae:- The statutory mode of measuring forest-land (iii. 293); or any general statute of the forest (xi. 218).
Assisa magna:- The "King's grand Assize"; a Trial by Jury of 12 or more knights, elected by four other knights, to give a verdict in a cause, prosecuted per breve de recto, i.e. where the question was not of mere seizin, but of right and property, and where the issue to be tried was, Uter habeat majus jus? (i. 186, 345).
Assisa nummi:- Any statute regulating the weight and value of money (v. 281).
Assisa panis et cervisiae:- The power of prescribing the weights and measures of bread and beer (i. 94n, 95, 310; v. 270); or the actual tax locally levied on brewers and bakers (x. 242), which in the Borough of Oswestry was one penny for every brewing (x. 343); or the power of locally enforcing the general statutes on those subjects (i. 94; x. 133); or the general statute itself (ix. 131); or the right of appropriating the penalties (emendas) inflicted on transgressors of the assize (ix. 246; xi. 98); which right was deemed to be involved in any grant of Fair or Market (iv. 93, 152; ix. 332; xi. 100), but was ordinarily a perquisite of the Greater Hundred Court (iv. 286; x. 188).
Assisa pannorum:- The statute regulating the cloth trade (i. 298; v. 70, 290; 53).
Assisa per dominica Regis:- A Royal Tallage (vi. 11n).
Assisa vini:- The statute regulating the wine-trade (i. 298, 300n, 312).
Assisi redditus:- Fixed rents; sometimes also called liberi redditus; that is, rents paid by free tenants, as distinct from Copyholders and Tenant-at-Will.
Assisus:- Set, fixed, put in office (vii. 152).
Assizes:- The general Assizes of the County were held at intervals, sometimes as great as 20 years, and consequently took cognizance of matters which may have occurred at any intermediate period (vii. 34n).
Astrucus, or Asturcus:- A Goshawk (vi. 140; ix. 195).
Astrum:- A hearth (ii. 222).
Atavus:- Great, great, grandfather (see ix. 214, 215).
Attachiamenta forestae:- Such timber-toppings, vert, or other produce of the forest, as having been taken without proper view and license, were liable to be attached or seized as forfeit (v. 202; ix. 146).
Attachiamenta stagni:- The abutments of a mill-pond (vi. 364), or of a weir (viii. 242).
Attachiamentum:- A distress taken upon goods (xii. 15); an arrest of the person (vi. 7 4).
Attachiare:- To attach or seize upon (vii. 30, 84); to arrest (viii. 136).
Attaint:- A writ issued to inquire whether a jury had given a false verdict in a trial (x. 132).
Attestations of deeds:- The verification of a deed by the signatures and/or seals of witnesses. It constitutes the chief evidence as to the date of such as are undated. Yet Deeds were sometimes attested by persons whose fathers were living (ii. 314; v. 30); and by mere boys (vii. 163, 245-6).
Attingere:- To attaint.
Attornare:- To assign to a specific use, to name a proxy or Attorney, to substitute; whence Attornatus (vii. 163 n), substituted as a debtor; and attornment (iii. 155), the recognition of a new Lord by the tenantry of an estate under conveyance.
Attornment:- Acknowledgment of the Tenant to a new Lord.
Auca:- A goose.
Auceps:- A hawk (vi. 141).
Aula:- A Manorial residence (xi. 196).
Aurum Reginae:- Queen-gold (xi. 127, 133). The Queen Consort was entitled to 10 per cent increase on every Fine made with the King, whether the Fine itself expressed this condition or not. But the Aurum Reginae, or Queen's Revenue, was augmented from other incidental sources (ii. 323).
Auxilium:- Aid. The word is applied to any aid, military or pecuniary, granted or given to the Crown, by Communities, Religious and Secular, or by individuals (see i. 305; vi. 11n; viii. 221).-
It is also applied to any local aid or levy, granted by the Crown for the benefit of an individual (x. 269).
Auxilium Curiae:- The Court's assistance, which a Litigant asked when he wished to subpoena a Warrantor or other third party, not previously summoned (iii. 291n).
Avenae:- Oats.
Averia:- Working cattle (iv. 204); or cattle, generally (vii. 328).
Avunculus:- Maternal Uncle (vii. 223; ix. 64-5); sometimes put for patruus (vi. 81n; vii. 390).
Aysiementa:- Easements, accommodation allowed to Tenants, chiefly in respect of roads, watercourses, timber, fuel, stone-quarries, or marl-pits. Easements for maintaining a bridge are spoken of (ii. 238); for maintaining a watercourse (ii. 322). Housebote and Haybote are instanced as easements (viii. 29).
B
Bachilarius:- A Knight Bachelor. It seems uncertain what quality of knighthood was implied by this term in the 13th century. The term was applied to Prince Edward, son of Henry III., some years after he was first knighted (xi. 163n). In the 14th and 15th century the Knight Bachelor was specially distinct from, and inferior to the Banneret, and the Knight of the Bath.
Baciae:- A term of doubtful meaning, connected with the formation of a Mill-stank, viz. "facere stagnum et molendinum ad pectus et bacias" (vii. 240).
Balistae and Balistarii:- Siege engines and the men who manned them (i. 266, 277; x. 208-9, 329; xi. 140, 205).
Balliva and Ballivus:- A Bailiwick and a Bailiff, from the French Bailler, to deliver or commit. These words are used in various relations, but all referable to the single idea of office or trust; for instance, a County, a Hundred, a Barony, a Manor, a system of Manors owing suit to one Court, the precinct of a Castle, the Liberties of a Town, the jurisdiction of a Forest, a Forest itself, and even a small wood, were all Bailiwicks, with respect to certain persons, or officers, such as Sheriffs, Bailiffs of Hundreds, Seigneural Lords, Seneschals, Stewards, Castellans, Provosts, Foresters, Verderers, or Regarders. A Coroner, an Escheator, or any Deputy of the Crown, whose duties were territorially defined, was properly called a Bailiff (v. 47).
The Knights Templars and Hospitallers divided their estates into systems, each system being called a Bajulia, or Bailiwick, as being subject to one Preceptory (v. 122; x. 380-1). The Balliva or Ballium of a Castle was primarily the whole area over which the Constable had jurisdiction; afterwards the word was applied to different spaces, as the "inner" and "outer Bailey" (i. 267 s; v. 270).
Certain Burgesses of Oswestry were distinguished as resident within the Lord's Ballivum (x. 324, 330), which probably means the Outer Bailey of Oswestry Castle.
Bancus:- The King's Bench, or other superior Court of law (viii. 136).
Baptisterium:- A baptistery, or part of the church used for baptism. The right to administer the sacrament of Baptism was generally inherent in the Mother-Church of a district. It was however accorded to Chapels and Monasteries, sometimes by actual license (vi. 246; vii. 292), but, oftener perhaps, by the right of the Mother-Church becoming obsolete.
Barbekana:- A Barbican, i.e. a breastwork, or outwork, exterior to the chief gate of a Castle, and usually including the drawbridge (i. 255, 256).
Baronia:- A Barony, or the estate of Baron. No specific number of knights'-fees can be assigned as constituting a Barony, for there was a fourfold mode of computing the number of knights'-fees which attached to any one Barony. Thus the sum of actual feoffments in a Barony was usually greater than the number of fees assessable to an Aid; the latter again was usually greater than the number assessable to scutage; and the forinsec personal services, due from a particular Baron, were always in a still lower ratio than any (see iv. 219; v. 15-16; vii. 19-20, 32, 154, 167, 240-1, 262-3; viii. 83-4). Perhaps the best indication of a Tenure per baroniam is the amount of Relief paid on succession. In the reigns of Henry II., Richard I., John, and Henry III., a Relief of £100, or more, surely indicates such a Tenure (ii. 293-4; iii. 82; iv. 307; v. 158; vii. 24, 256; ix. 167; xi. 125); but some Baronies claimed prescriptive exemption from paying any Relief at all (vii. 24); and some, which consisted of a small number of knights'-fees, paid a lower Relief than £100 (xi. 168).
The Relief on a Barony was reduced by Edward I. from £100 to 100 merks (vii. 32, 39).
Barra:- A Water-mark (viii. 249).
Basiae apium:- Honey (ix. 308); perhaps honey stored in vessels (in baciis).
Basse:- A Saxon proper name (x. 130); whence Baschurch.
Bassus:- Low. Hence Bassa haia, a low fence.
Batch, or Bach:- A word entering into the composition of names of places; usually spelt Bec in Domesday (vi. 119, 188); probably signifies a bottom or valley (vi. 189, 189n).
Batus:- A boat (vii. 235).
Batellus:- A little boat (ix. 82n, 240).
Becc (Saxon):- A brook, beck, or streamlet (ii. 62).
Bece (Saxon):- A beech-tree (ii. 62).
Bedellus:- A Beadle or Cryer; an officer charged with messages, proclamations, summonses, or other processes; an Under-Bailiff of the Hundred (vi. 7).
Beeld, Bield, Belde (Saxon):- Shelter (vi. 317-8).
Beneficium:- Any ecclesiastical preferment or revenue, whether Rectorial, Portionary, or Pensionary (ii. 249; v. 172; vi. 303; viii. 191).
Beorh (Saxon):- A hill, a rampart, a barrow or tumulus (iii. 300).
Bercarius:- A shepherd (iii. 190n); whence the generic name Barker.
Berewicha (Domesday):- A member of a Manor, whether near or remote (i. 26, 27; iv. 346; viii. 102); from Beria, a wide, open field or campaign, and vicus, a village (see Ducange, sub voce Beria).
Bersator:- A marksman (ii. 186).
Bissa:- A hind, the female red deer (iv. 212); from the French Biche (Latin Cerva major).
Blanch Money (pecunia dealbata):- Money refined or purified, so as to be of greater value than ordinary money, as counted by tale (numero). (See ii. 272n; iii. 64; v. 248).
Blodwite:- An amercement for drawing blood by a blow or wound; from Blod (Saxon), blood, and Wite (Saxon), punishment, or fine. Pleas of blood-shed (placita sanguinis fusi) were Pleas of the Crown, and were ordinarily cognizable at the Greater Hundred-Court or Sheriff's Tourn (x. 188). When any Community or Person claimed to hold Pleas of blood-shed, it is meant that they claimed to be exempt from the ordinary jurisdiction in such matters, and to try all such Pleas in a local Court. Some persons and franchises were further entitled to appropriate the Blodwite, or penalty, arising from such Pleas (see i. 96, 310; iii.76; iv. 66; viii. 231; ix. 185; x. 188, 343).
There was a distinction between the penalties imposed, when the bloodshed resulted from a mere quarrel, and when it was caused in a riot (x. 343-4).
Bold (Saxon):- A house or hold (i. 151; iv. 20).
Bondagium:- The state of Villeinage; whence Bonds (ix. 119), tenants in Villeinage.
Bordarii (Domesday), Boors:- A class of tenantry, superior to the Servi and Villani, but inferior to most others; for instance, to the Radman (vii. 5n), and to the Francus homo (vii. 350). Some suppose that the Borderius was so called as being Tenant of a Bord, or cottage; but, much more probably, his tenure and service was to provide for the Bord, or table, of his superior.
Borough:- From the Saxon Buhr, a town or castle, which two things were often associated in ancient foundations (i. 131). The Boroughs of the Normans were of three classes (see iii. 263; iv. 318; v. 279-80; ix. 129; x. 112n; 133; xi. 134-137, 280).
Boso:- A bolt (ii. 96).
Bovarii (Domesday):- Neatherds or those who look after cattle, but rather attached to the feeding, than the working, cattle (ix. 62n).
Bovata terrae:- An Oxgang, or as much arable land as was deemed to be tillable by one Ox. So the Carucate was the quantity of land proportionate to the power of a whole team. These quantities of course varied in different localities. In Shropshire the Bovate was equivalent to the Noke or Nocate. It was the fourth part of a virgate and the sixteenth part of a Hide (iv. 33n; viii. 182).
The Bovate usually contained 15 acres, but in some parts of Shropshire it varied between 12 and 14 acres (v. 97 n). In other Counties, and other Records, it is estimated to contain as little as 8 and as much as 24 acres.
Boveria or Boverium:- Primarily a cattle-shed; usually a homestead or farm-building (ii. 326; iii. 205).
Brachetus:- A setter dog (ix. 174, 331, 335).
Brascinum:- A brewing (x. 343).
Brasium (Domesday):- Barley (vii. 50), generally, malt.
Bretaschia:- A wooden turret (xi. 134, 140).
Breve:- A Writ; usually a Writ issued by the King, the Chief Justice (ii. 70), the Chancellor, or by the Courts at Westminster, see Writs.
Broc (Saxon):- A brook (ii. 93).
Brokettus cervi:- A two-year-old red deer (vi. 126; vii. 83).
Brueria and Bruerium:- Land overgrown with briars or heath (viii. 7).
Bruillium, or Bruellum (vi. 53):- A coppice.
Burgagium:- A burgage or tenement in a borough (ii. 254; ix. 137); the tenure or rent by which such premises were held.
Burh (Saxon):- A town or castle (iii. 300); see Borough.
Busca, Buscia:- Billet-wood (vi. 93n; vii. 96).
Bwg (British):- An evil spirit (i. 230).
C
Calceta:- Foot-paths (ix. 339).
Calengium:- A challenge of right, a dispute (vii. 345).
Calumnia:- A claim or dispute, litigation (iii. 233, 285; v. 45; ix. 198); whence-
Calumniare and Calumniari:- To challenge (a juror) (iii. 17); to lay claim to (vi. 205; viii. 152; x. 125; xi. 34); to remonstrate (xi. 32n).
Cantaria:- A Chantry, a Chapel, small or great, single, or annexed to some greater Church, or specifically endowed and served (see i. 114, 339, 340, 343, 346; ix. 113, 140, 212; xi. 324).
Cantaria sometimes means divine service, or the exercise of holy offices in a Church or Chapel (v. 28; viii. 148; x. 63; xi. 65, 148); sometimes the officiating body (vii. 42); sometimes it is synonymous with "Chaplaincy" (v. 15; x. 193, 348).
Cantref:- The Welsh name for a Hundred.
Capella dominica Regis:- The King's Free Chapel; a term applied to almost any benefice in the King's gift (v. 211 n), and which indicated exemption from Papal, and often from Episcopal, control (see iv. 323; xii. 31).
Capellanus Clerici:- The Deputy of an Incumbent (vi. 304); meagre emoluments of such officials (v. 89).
Capellum ferreum, or Chapel de fer (vii. 343):- Steel helmet.
Capistrum:- A head-stall (v. 91).
Capreolus:- Usually the Roe-deer (xi. 333); but the word occurs in passages where it is evidently intended as a diminutive of capra, and means a kid.
Carbonarius:- A stoker, or charcoal-burner (x. 323n).
Caretarias:- A carter.
Carta de Forestis:- The term generally used of Henry III.'s relaxation of the Forest-laws in 1225 (iii. 215n; vii. 294).
Caruage:- King's tax, assessed according to the number of ox-teams employed in a district (viii. 206n, 267).
Caruca:- In the Shropshire Domesday, always signifies a plough, or rather the team of oxen which worked such plough (i. 38n). Taking the hide as a standard of calculation, we find instances where a given hide contained arable land sufficient to employ, or requiring the employment of, 12 ox-teams (i. 149); in other cases no more than one ox-team was the requirement for a hide. The average requirement may be stated as somewhat under 2½ ox-teams per hide. Putting the Shropshire hide at 240 statute acres, and allowing for the difference between ox-teams and horse-teams, and for that improved state of agriculture which discards the old process of fallowing, this average is not very different from that of the present day.
As to the team-power actually employed on any given Manor at the time of Domesday, that was of course dependent upon circumstances. The two extreme cases are that of any waste Manor, which of course contained nothing in the shape of a team, and that of any Manor of surpassing richness, Wroxeter for example (vii. 309), where a single hide of land was actually cultivated by 12½ ox-teams.
Carucata:- The measure of arable land determined by the extent cultivated by one plough or team in one year and a day. The measurement by carucate is never once alluded to in the Shropshire Domesday (i. 38n). Even two centuries later we rarely find the word used in Shropshire Surveys. Where it is so used, it seems to be synonymous with the hide (iii. 224). In other Counties, a carucate is found to be estimated as low as 60 acres, and as high as 180 acres (see Kennett's Glossary to Parochial Antiquities). The difference probably lay rather in the nature of the soil, than in any various systems of superficial measurement.
Casamentum:- Territorial provision (ii. 269n).
Castellani:- Castle-guards (i. 267).
Castellaria:- A Chatellany (v. 226, et passim).
Catzurus:- A courser (vii. 244).
Cele (Saxon):- Chilliness
Celibacy of the Clergy:- Is usually supposed to have been established during the papacy of Gregory VII. (A.D. 1073-1085). Evidence shows that the rule had not obtained among the Saxons (v. 209-210; viii. 245); and that it was not recognized by the earlier Norman settlers in England (i. 32; v. 209; ix. 29), producing certain moral results 126; ix. 362; xi. 380). The surname, "Clerk", was usually indicative of illegitimate descent from a Clergyman (iii. 35, 95n, 339; vi. 137).
Cementarius:- A mason (x. 322n).
Cemeterium:- Usually burial-ground, or church-yard (i. 135; ix. 190n); sometimes put for the church itself (i. 207n).
Census:- Rent (iv. iii; x. 112).
Ceorl (Saxon):- A husbandman (i. 151); whence Charlcott, Charlton, Cherlton, and Chorley.
Cercellus:- Probably some kind of hawk (xi. 166n), usually a teal.
Cerclature:- A due or payment of uncertain nature, required from an on-coming tenant of Wenlock Priory (iii. 334).
Cete (Saxon):- A hut, plural ceten; whence Chetton (i. 164), Chetwynd.
Chace:- Area set aside for hunting; distinguished from a Forest (iv. 277).
Champarty:- Maintenance of a person in a lawsuit on condition that the subject matter of the action is to be shared with the maintainer; in agriculture (iii. 304; iv. 25); and in law (iii.304n).
Chapels:- A large proportion of existing Churches were originally Chapels, that is, affiliations of the great, but thinly distributed, Churches of the Saxons.
A considerable number of such Chapels were, from ascertained causes, founded during the reign of Stephen (i. 36-7, 207; ii. 331-2; viii. 146; ix. 326).
The primary status of all Chapels was non-curative (sine cura animarum) (xi. 258), and to be without a Baptistery (x. 159; xi. 65), or a Cemetery (vi. 203-4; viii. 146); but the immunity and the disabilities were seldom maintained.
A want of cure enabled an Incumbent to be non-resident (ii. 60; iv. 187); and to hold benefices in plurality (viii. 6; x. 71; xi. 259n).
Chapels were usually founded by the Lords of the Fee; but, where the Mother-Church was appropriated to any Religious House, this became an excuse for seizing on the endowments of the Chapels (i. 209; x. 312, 362), and, where it was possible, diminishing, or dispensing with, the services thereof (xi. 260, 252).
Many Chapels which failed to attain an independent status have gone to ruin, for various causes of such a result (vi. 97; x. 287n).
Private Chapels were for the use of an individual and his household (iii. 86; ix. 96, 97, 326; xii. 14).
There are also instances where the Lord of the Fee, founding a Church or Chapel within the Pariah of an appropriate Rectory, might and did secure the Foundation from impropriation and suppression (see xi. 239, 254, 258).
Chartae Antiquae:- The Records technically so called (i. 6, 383n).
Charters and Deeds:-
Some are in private hands, and have been made available to the Author (i. 12, 12n; xi. 372n).
Charters and Deeds were not commonly dated till the reign of Edward II. (ix. 92). The mode of dating, adopted in that reign, wanted precision, and is calculated to mislead (i. 228n; ii. 324n, 329 note 250; iv. 176-7; vii. 267n; viii. 179; x. 64n)
A suspicion of forgery is liable to attach to certain charters of very ancient date, though perfectly genuine. This arises from their not having been drawn up at the time of the grant, and from the addition of postscripts (iii. 230-1; vi. 322-324).
There are instances illustrative of the historical use of Charters (i. 244, 249-252); their value, if genuine (vi. 323n).
Monastic Charters, generally and particularly, merit comment (i. 27n, 33n, 102n, 109n, 165n; ii. 333n; iii. 228-231; viii. 132; ix. 63; xi. 268).
Certificatory Charters had a specific form and object (vii. 288n, 312, 313).
Exemplification of Charters; instances of; and reasons for, the precaution (v. 173; vi. 330, 330n).
There are examples of the falsification of Charters; an instance thereof (vi. 66n).
Formulae of Charters; were subject to progressive change, but the evidence derived therefrom is very inconclusive as to the date of specific Charters (ii. 169; iii. 186n).
Some Charters were interprolated by Transcribers; instances of (vii. 285, 312n).
Recitatory Charters; their nature and authority (i. 28n, 109; iv. 128; xi. 225, 356).
Chartulary:- Manuscript volume or roll (rotulus) containing transcriptions of original documents relating to the foundation, privileges, and legal rights of ecclesiastical establishments. The Shropshire Monasteries which kept chartularies were:
Buildwas Abbey (i. 12; vi. 325).
Haughmond Abbey (i. 11; vii. 283n; x. 372n).
Lilleshall Abbey (i. 11; ix. 380).
Oswestry Hospital (x. 346).
Shrewsbury Abbey (i. 11; x. 256).
Wenlock Priory (i. 12, 218, 219).
Wombridge Priory (i. 11, 87n; ii. 137; vii. 358; viii. 156).
Chattels of felons:- Were forfeited to the Crown (iii. 12n, 74, 76; iv. 376); or to the Lord of a Franchise entitled to appropriate them (iv. 161).
Cherchambre, or Chirchomber:- An ecclesiastical due (see vi. 327, 328, 329, 359).
Chevalheia:- Military expedition (vii. 241).
Chirographum, Cirographum, or Cyrographum:- Any written Deed; but usually a Final Concord (i. 174; ii. 333).
Choysellus:- A reservoir (ix. 83).
Christian Names:- These were not consistent in written texts. Instances, where one and the same person appears with two different Christian Names (ii. 116n; viii. 183; viii. 189-90); where two brothers were called by the same Christian name (v. 153n; vii. 82; viii. 62); the names, Roger, and Robert, sometimes treated as convertible (ix. 48; xi. 189n, 190); the names, Reginald and Roger, undistinguishable in some MSS. (viii. 87, note 2). The Christian names of women were sometimes changed on a second marriage (ii. 287); sometimes on taking the veil (v. 23n); sometimes the same woman was indifferently called by two Christian names (ii. 116n; iv. 95; viii. 156).
The Christian name of a particular owner sometimes formed the distinctive name of a place, e.g. Hughley (vi. 303), Waters Upton, Leonards Lee, Acton Reynald, etc.
The spelling of Welsh names by English Clerks is noticable (ii. 97n).
Chronicles and Chroniclers:- These form a useful source but their general authority and character were not uniformly consistent (i. 2, 3n, 248-9, 272n, 283, 286n). Sources quoted are:
Brut y Tywysogion (xi. 173n, 174n, 176n).
Eadmer (ii. 196).
Florence of Worcester (i. 105; iii. 49); and his Continuator (v. 245; vii. 233).
Gervase of Dover (i. 249).
Giraldus Cambrensis (vii. 243).
Matthew Paris (i. 332n).
Ordericus Vitalis (i. 2; vii. 203-4, 206, 209, 233; viii. 245; ix. 29, 157); his inaccuracies (v. 6; ix. 160).
Ralph de Diceto (i. 249).
Simeon of Durham (viii. 212n).
The Fitz Warin Chronicle (ii. 3, 4n; iii. 12, 13, 123-4; v. 234, 243, 252; vi. 351; vii. 69, 72, 73, 78, 212; viii. 87n; x. 321; xi. 37).
The Gesta Regis Stephani (vi. 319-20).
The Norman Chronicle (i. 248, 249).
The Saxon Chronicle (i. 105n).
The Welsh Chronicle (edited by David Powel); its inaccuracies and doubtful statements (i. 268n, 269n; 50n; vi. 161; vii. 246; x. 321-2, 323; xi. 44, 120n, 173-4, 175); its authority as compared with Brut y Tywysogion (xi. 173n, 174n); some instances of its better credibility and value (i. 272; 108n, 193, 195n; x. 257).
Churches:- There was a paucity of Churches and as a consequence Parishes were enormous at the date of Domesday (i. 35, 146, 209, 217, 223n, 321, 341; ii. 33, 331; iii. 232, 238, 264; iv. 152, 371, 377; v. 216; vi. 27-28, 77; vii. 46; viii. 205; x. 14; xi. 64-5, 103, 235, 323; xii. 28-29).
Nevertheless, the mention of a resident Priest in any Domesday Manor probably indicates a pre-existent Church (but for an exception to this Rule, see xi. 74) (i. 35n, 165, 217; x. 65, 159, 246); and the non-mention of both Church and Priest is not conclusive evidence of the absence of either (ii. 265; vii. 138, 264; viii. 244; ix. 126; xi. 42, 103, 186, 301, 362).
The parochial Churches of the Saxons were usually Collegiate (see i. 32; iv. 321; v. 210; vi. 27, 361, 368; vii. 46, 60, 86, 138, 311; viii. 211; ix. 256, 340; x. 138, 246, 335; xi. 201, 355; xii. 30). See Collegiate Churches.
The Collegiate Church of St. Mary Magdalene, founded originally at Quatford, and afterwards transferred to Bridgnorth, was the only Norman establishment of its class in Shropshire (see i. 107-8, 321-2); unless Holgate Church (iv. 71) was made Collegiate after the Conquest.
There is evidence that the Sites of certain Churches were changed in Saxon times (see vii. 46, 53); but the evidences are much more numerous of such a change taking place after the Conquest (i. 321; iv. 39, 42; v. 28, 129; vii. 381; ix. 108; x. 320, 335).
There were instances of non-curative, or free, Churches, Chapels, and Prebends (ii. 60, 61, 79; iv. 326; v. 15; vi. 204, 308; vii. 112, 140; viii. 6, 59, 260-1, 263-4; ix. 4; x. 71, 313). The same Chapel is called curative in one instance and free in another (vii. 58, 59). The point was often doubtful, and in dispute between Bishops and Incumbents.
Certain Churches were reconsecrated (vii. 88; xi. 66); and re-dedicated to particular Saints (i. 340n; vii. 88; xi. 216).
Some Churches were origlnally called "White" (vii. 91; x. 14).
Churches were sometimes used as Sanctuaries (ii. 42; iv. 359; vii. 89); such Sanctuary was sometimes violated (v. 299; vii. 96); and some Churches were used as depositories of valuables (iii. 276; x. 161).
Cifus:- A goblet, or cup (vii. 275).
Cinglum:- A surrounding wall (x. 357).
Ciroteca, Chirotheca, Cyroteca:- A glove.
Cissor:- A Tailor (ix. 135).
Citharedus:- A harper or minstrel (ii. 281).
Civitas:- A city; use of the word in Domesday (vi. 247 n).
Cloefer (Saxon):- Clover (iii. 63).
Closia (Saxon):- Clayey.
Clericus:- Originally, a person in Holy Orders; but the term, and even the privileges which it implied, were extended to Scholars generally. Kennett intimates that in cases of privilege, claimed by, and allowed to, Clerks, not in Orders, the Judges were often too lax and the Ordinaries corrupt. It is probably owing to something undefined as to the Clerkly status, that we hear of Clerici being lawfully married, and of one, so married, claiming the privilege of Clergy (see v. 16; vi. 188; ix. 89). Gradually the word Clerk, became applicable to Scribes, Notaries, and Law-Officers of all descriptions.
Clericus Regis:- The Presentee to any benefice in the King's gift was so called, and was entitled to peculiar privileges. King Edward I. claimed these Privileges for a Clerk, whom he, as Custos of a Minor, had presented to a Portion in Burford Church (iv. 323).
Cliens:- A Dependant; the term Serviens is used as equivalent (see viii. 164, 169; ix. 37).
Coadjutor:- A person appointed by the Bishop to assist a superannuated or inefficient Incumbent (ii. 161; iv. 257; ix. 53).
Coal-mining:- In the 13th century took place in: the Clee Forest (iii. 28); near Benthall (iii. 276n); at Caynham (iv. 362); and, in the 14th century, at Madeley (iii. 321).
Coed (British):- A forest (i. 104; iii. 212) whence Quat and Quatford.
Coenobium:- A Convent.
Coenobita:- A member of a Convent.
Cognatus:- Cousin (ii. 335); but the Norman-French word, Cosin, is applied to a niece, or brother's sister (vi. 187).
Coliberti (of Domesday):- Semi-Serfs (iv. 142n; v. 5).
Collation:- The term technically used when a Bishop gives a benefice (see ix. 256- 258); sometimes used when the King presented (iii. 120; vii 193) sometimes it merely means "gift" (x. 341).
Collegiate Church:- A church where the daily office of worship is maintained by a college of canons; a non-monastic or "secular" community of clergy, organised as a self-governing corporate body, which may be presided over by a dean or provost. They sometimes became Monasteries (v. 211), and sometimes were converted into Houses of Regular Canons (viii. 212-216).
Comb (Saxon), Cwm (British):- A valley, or hollow (iii. 299n); whence Castle-Cumbe, Combermere, Comley, Cwm Hir, Wycombe.
Commarcio:- A Lord Marcher (iv. 287).
Cominarius:- A Conventual Officer (vi. 366).
Commendam:- When a benefice or church living is void or vacant, it is sometimes commended to the care of a temporary cleric, until it can be supplied with a more permanent priest. He to whom the church is thus commended is said to hold in commendam, and he is entitled to the profits of the living (iii. 62, 117).
Commot or Cwmwd:- A Welsh territorial and administrative unit, two such units being normally equal to a cantref (xi. 46n, 51).
Comunis Summonitio:- The general summons, served on the freeholders of a County, to meet the King's Justices, when in eyre (ii. 170, 212; iii. 156n, 166). There was hardly any rank or any franchise which exempted persons from the liability to attend, or to send an essoign 175; x. 238-9). Women usually sent an essoign (iv. 261). Attendance was sometimes excused by special Writ of the King (iii. 17). Fitz Alan's Franchise of Oswestry was remarkably exempt (x. 316).
Communitates:- Rights of common (vii. 279).
Conbrevia:- Co-Writs (v. vii. 175).
Cond (Celtic):- An embouchure (vi. 8); whence Cound, Condover.
Confirmation:- Charter confirming of the grants of Ancestors, of subordinates, and sometimes of superiors (iii. 84; iv. 308). These documents often have the semblance of original grants (vi. 34n, 54, 57n, 184, 364; vii. 205, 290; x. 113); and, in early times, sufficed, without any original and written grant (viii. 8, 27); but generally they were not sufficient (per se) to create a title (xi. 369).
Confraria:- Brotherhood, association, fraternity (see x. 382n).
Consanguineus:- Cousin (vi. 275). Instance of the term being applied by Edward II. to an illegitimate relation (iv. 255). Instance of its being applied to Great Uncle (x. 148n).
Consulere:- To take order concerning, to provide for (ii. 281, 320; v. 157).
Coopertum:- Thick wood, covert (vi. 52).
Cordubanum:- Goat-skin (x. 72).
Cornmol:- An ecclesiastical due, payable by certain tenants of Wenlock Priory (iii. 266n, 267, 301, 304). -
Coronator:- A Coroner. The office held by persons of knightly rank (i. 141). Functions of a Coroner (xi. 127); in cases of sudden death (iii. 146; vii. 96). Persons holding this office are observed to have been very frequent witnesses of contemporary Deeds (iv. 118).
Corpus Comitatus:- The whole county for legal applicability purposes (i. 261n; 293; iii. 127n, 139, 146n; ix. 327; x. 238; xii. 22).
Corrodium:- A corrody, an allowance of money, or of food and clothing, granted to individuals by Religious Houses (iii. 256; vii. 297, 302; ix. 100, 136; x. 62, 382).
Many of these Corrodies were in the nomination of the Crown (iii. 248, 253; v. 298). Sometimes Religious Houses made them a matter of traffic (vii. 368). The word corrody sometimes means simply "entertainment" (i. 294n; x. 234).
Costa:- A side of venison (vii. 16).
Cote (Saxon):- A cottage; plural, cotes (i. 151; iv. 39n; ix. 276, 358).
Cotarii and Cozets (of Domesday):- Cottars, or farm labourers or tenants occupying a cottage in return for labour (v. 4n, 55).
Cotariae:- Female Cotters (v. 29).
Coterelli:- A class of soldiers kept in garrison at Carrechova (x. 356).
Courtesy of England:- The right of a man in the estates of any deceased wife by whom he may have had issue. Also known as Jus Curialitatis Angliae, and sometimes, simply, Lex Angliae (see ii. 301; iii. 108, 203; iv. 316; v. 105, 162; xi. 352; xii. 11, 15, 16n).
Cozets (Domesday):- See Cotarii.
Crementum:- Increment
Cruce signati:- Signed or marked with a cross. Pilgrims to the holy land, or crusaders; so called because they wore the sign of the cross upon their garments (i. 325n; vi. 128; vii. 187; viii. 141; x. 151; xii. 20).
Cultellus:- A great knife (ix. 285).
Cultura:- A plot of tilled ground (ix. 138).
Cunicularium:- A rabbit warren (ix. 276).
Curia:- A Manor House (iii. 161, 300; viii. 119; xi. 13, 20); the term applied to a moated house (vi. 59); to a Prebendal residence (xi. 61).
Curia:- The word is applied to almost any assembly, judicial or deliberative, but usually to a Court of Law.
Curia Burgi:- A borough, or municipal, Court. References to that of Bridgnorth (i. 297, 300, 344, 382); of Newport (ix. 136); of Oswestry (x. 331, 334, 343, 344); of Montgomery (xi. 137).
Curia Comitatus:- The County Court, which assembled monthly, under the presidency of the Sheriff or his Deputy, and at which all were bound to attend who held any lands subject to the service called Secta Comitatus, or Suit of the County-Court (see i. 246, 304; ii. 207; iv. 233; x. 304).
This Court was anciently composed of the highest men in the County (ii. 207); but subsequently persons of Baronial and knightly rank are found to have sent their Seneschals (vii. 310; viii. 20, 56), or other Proxies (iv. 249; xi. 179); and sometimes the attendance of the Suzerain covered the obligation of his Tenants (v. 69).
Instances of its jurisdiction, in cases of homicide, murder, and outlawry (i. 189; 74n, 156n; vii. 136; viii. 229; x. 21; xi. 179n); in cases of wounding and imprisoning (v. 197); in cases of maiming (iv. 172); in cases of accidental death (iv. 148); in cases of robbery (i. 300).
Like inferior Courts, it kept record of all Pleas of the Crown (viii. 135), till the Justice-in-eyre visited the County; and, if its record of any such Plea was contradictory to that of a Hundred or Borough Court, the inferior Court was liable to amercement (see i. 300; iii. 12).
It had a jurisdiction in civil causes, when authorized to act by a Writ de recto (viii. 101; x. 120). It was an authoritative witness and confirmant of Deeds, Agreements, and other important ackowledgments (ii. 207; vi. 51, 258; vii. 233, 279; viii. 251; xi. 370); in short, Charters of the 12th Century seem very usually to have passed in the County Court.
Important Inquests were occasionally directed to be held in the presence of the County Court (vii. 23, 99); and Royal Proclamations to be read therein (i. 304; xi. 135). Exemption from its suit and jurisdiction was matter of special Charter (viii. 220), or of most undoubted prescription (xi. 7, 102, 200, 327).
Curia Christianitatis:- Any Ecelesiastical or Spiritual Court, but usually that of a particular Deanery. Its jurisdiction allowed in cases where a right to property depended on any marriage contract or will (i. 114; ix. 84); or where two Religious bodies were at variance (ix. 304; x. 306n); but its jurisdiction was constantly intruding itself into other questions, and any Suitor improperly bringing his action in a Spiritual Court, was liable to be served with the King's Writ of prohibition and to a prosecution at common law (see 72, 251; v. 106; vi. 73; vii. 128; ix. 290).
Curia magna Hundredi:- The greater Hundred-Court, held twice yearly in every Hundred which belonged to the Crown, and presided over by the Sheriff or his Deputy; whence its sitting was called the Magnum turnum Vicecomitis, or Sheriff's Tourn. Also known as the Magnum Hundredum.
Suit of the Greater Hundred was obligatory on the Owners of particular estates (i. 205 et passim); but there were many cases of exemption (i. 94n; ix. 44; xii. 24), and many of arbitrary withdrawal (i. 150n, 157; x. 228; xi. 96; xii. 1). In the former cases, the exempt Manor or Franchise is usually found with a correlative jurisdiction of its own (i. 94n; 300, 302; xi. 99-100).
There are instances of this Suit being done by Proxy (iv. 249); of its being undertaken by a Mesne-Lord on behalf of his Tenant (xi. 187); of its being valued at 1s. 6d. (iv. 358), and at 4s. per annum (iv. 359).
Passages are illustrative of its jurisdiction (iii. 316; v. 8; vii. 25; x. 33, 188).
There are instances of a Deed passing at a Hundred-Court (iv. 341).
Curia parva Hundredi:- Held every three weeks and presided over by the Bailiff of the Hundred. Also known as the Lesser Hundred-Court.
Passages allude to these Courts as distinct from the Greater Hundred-Courts (i. 187, 205, 225; iii. 300, 302; ix. 8; xi. 53, 289).
There are instances of a suit thereto being valued at 2s. per annum (iv. 358); and of a like sum being the value of a suit to both Hundreds (iv. 23; v. 61).
Curia Manerii:- The local Court of a Manor or a Franchise. Also known as the vel Libertatis.
Passages allude to some, which acquired, or usurped Hundredal Jurisdiction (i. 38, 96, 157; 73; v. 5, 8, 160; vi. 4; vii. 25, 183; viii. 270; ix. 44, 117, 174, 245; x. 33, 68, 97, 178; xi. 9, 15, 53, 96, 109, 137, 198, 200, 280, 327; xii. 17).
Where a Borough or Manor had Hundredal Franchises, it is presumed that the Court appurtenant to those Franchises, was distinct from the local Court (x. 242-243).
Importance of maintaining the Suit due to an ordinary Manor Court (i. 187-188, 344).
The want of attendance (Sectatores) made the Court valueless to the Lord (iv. 355).
The Courts of certain Royal Manors engrossed the suit of neighbouring estates (iii. 166, 206, 211; vi. 301; x. 196).
Curious Certificate made by the Manorial Court of Wentnor (xi. 187). Other instances of Manorial Courts being Courts of Record (xi. 209).
Curialitas:- A gratuity (xi. 73).
Cursones:- Ridges (iii. 151n; 262n).
Custodia:- A Bailiwick (vi. 342).
Custody:- The Lord of any Franchise with Hundredal Jurisdiction was responsible for the custody of prisoners (iii. 260; v. 162).
Custos:- A Deputy Sheriff was so called (v. 118n); and the Pipe-Rolls often omit to mention the Principal.
One who held a Church in trust or commendam was so called (xi. 104; xii. 31).
Custos Pacis:- A title applied to those Pseudo-Sheriffs, who were appointed by Simon de Montfort's faction during the rebellion of 1264-5 (i. 284-286; x. 218); but ordinarily indicating a mere Subordinate of the lawful Sheriff or his Deputy (iii. 301), or a special Officer appointed by the Crown in great emergency (iii. 18; x. 240).
Custumarii (xi. 251):- Tenants who held according to the customs of the Manor; identical with copyholders.
Cylch or Cwlch:- Circle, see Kylek.
Cyne (Saxon):- Royal; whence Kinlet.
Cyphus:- A cup (vi. 21).
D
Dama:- The female fallow-deer (iv. 278; v. 89).
Damus:- The male fallow-deer (x. 272).
Danegeld:- A tax (xi. 122) assessed at so much per hide (i. 20); originally by the Saxons, and for the purpose of subsidizing the Danes.
The tax discontinued (in name at least) in Henry II.'s reign (i. 304); but the tax afterwards called hidage seems to have been similar.
Certain Manors or parts of Manors were prescriptively exempt (i. 20; iii. 223, 225-6, 324; iv. 291; v. 227; vi. 48; vii. 98, 138; xi. 246); but the exemption accorded in Charters of the 13th century was pro forma, and insignificant (i. 304; xi. 134).
Instance of personal acquittal in particular years (i. 166; v. 136n; xi. 128, 197).
Dapifer:- Originally a Sewer, or Domestic Officer attending the board of any great personage (xi. 34). Also known as a dapes ferendo.
The word afterwards applied to a Viceroy or Chief-Justice (i. 245), or used as synonymous with Seneschal, or Steward, or Dispensator (iv. 206; v. 136, 137n, 138; vii. 224).
Dapifer Reginae:- Steward of the Queen's household; an office hereditary in the family of Hastings (v. 136, 137n).
Dare et vendere poduit:- An expression used in Domesday to denote the circumstances of a particular Saxon Tenure (vi. 92n). See "Potuit ire quo voluit".
Deans, Rural:- They were originally elected by the Clergy; and each Dean is said to have had a jurisdiction over 10 Churches. Also called Archipresbyteri, and Decani Christianitatis. The Dean of Christianity also presided over the Court-Christian of his district, which was essentially a Chapter of Clergy.
They are usually called Deans (simply) in ancient documents.
Occasional references to these Officers and the functions of themselves and their Chapters (iv. 12, 131n; vi. 246n, 304; viii. 147n, 192, 194; ix. 88, 306n).
Indications of such provision as was made for their endowment (x. 140, 282, 282n).
Defalta:- Default or substitute; defalta maneriorum (iii. 67), defalta militum (iv. 23).
Defendere:- To dispute or deny (iv. 95; vi. 353); but also, to maintain or affirm (vi. 323).
Deficere:- To make default; as by non-appearance at a trial (vi. 183).
Den (Saxon):- A Valley (iii. 295n; iv. 142).
Denarii Caritatis:- Money for charity (iii. 295n; iv. 142);
Denarii Sancti Petri:- Peter-pence or Romescot (i. 327; vii. 88; x. 44). Now the annual voluntary laymen's contribution to the support of the pope. Formerly Peter's pence was a yearly tax of a penny levied by the Holy See on every household in England and elsewhere.
Deo dandum:- A Deodand (iv. 365).
Dextrarius:- A destrier (iv. 212; xi. 31, 32).
Difforciare:- To withhold from (x. 28n).
Dirationare:- To try (vi. 353); to prove or gain by trial (viii. 135; xi. 34).
Dimidia firma noctis:- A ferm or rental, estimated to suffice for the entertainment of the King and his Court during six hours of the night (xi. 29). As to the amount of such a ferm, it may be stated at about £25; for the three nights' ferm, which the County of Oxford paid, is expressly said to have been tantamount to £150 (see Domesday, fo. 154, b. 2).
Dimidii Villani (of Domesday):- Semi-Villeins, as distinct from Villani Integri (see v. 5n, 55).
Discus:- A dish (vi. 21).
Dispensatores:- Certain officers of the King's Household (v. 134, 137, 137n). See Dapifer.
Divisa:- Testamentary disposition (vi. 175; vii. 292; viii. 17).
Divisae:- Boundaries (xi. 182).
Deorum:- A benefaction to a Church newly founded (i. 109n).
Domicella Reginae:- A maid of honour (iii. 166).
Dominabus:- Used for the dative and ablative plural of Domina, apparently to distinguish those cases of the feminine noun from the same cases of Dominus (vi. 177).
Dominatio or Dominium:- Seigneury, Lordship (vi. 263; ix. 232; x. 166; xi. 79).
Dominicum (demesne):- Contrasted with dominion (seigneury), (iii. 208).
Dominicum Coronae, or Vetus Dominicum Coronae:- Demesne of the Crown.
There were no such estates in Shropshire, but lands sometimes so described were really Antiqua eschaeta Coronae (i. 70n; iii. 64). The distinction marked (i. 70n, 295n; iv. 178n; vi. 78n; x. 317-320; xi. 126n). The distinction not marked (i. 166n, 287; iii. 127n; x. 234; xi. 67). Manors reputed to be of "ancient demesne" were extra-hundredal (ii. 73, 74). Lands therein could not be litigated by process of Grand Assize, or Novel Dieseizin, or under a Writ De dote (iii. 65, 159; vi. 301; viii. 235-6).
Dominus:- A prefix, often used to designate a Knight, but often omitted (ix. 83); more carefully used after the year 1265 (ix. 86). Instance of a Coroner, though not a knight, being styled Dominus (vi. 234); and of a country gentleman (viii. 34).
The style is very frequently applied to Clerks (ix. 89).
Donative:- Churches and Chapels were so called, which were in the absolute gift and disposal of the King or any other Patron, so as to preclude any necessity for the ordinary processes of presentation, institution, or induction. It is presumed by some that all English Benefices were Donative, till the middle of the 12th century, and that the Episcopal discretion only came into exercise when the eligibility of a layman to be ordained, and so to hold a benefice, was in question. Episcopal institution is consequently argued to have been in the nature of a Papal encroachment. There were however many Donative Benefices which survived any assumed change of the 12th century, and all attempts at Papal or Episcopal interference. Of this class were the King's Free Chapels, generally (see Capella dominica Regis), and very many Chapels of Monastic patronage (see viii. 194, 237; x. 383 et passim).
The existence of these latter led to practices of a highly simoniacal character (see iii. 281, 281n; ix. 10-11; xi. 250-1).
Donum Comitatus:- In certain years when the Danegeld was not levied, an Aid called a Donum was furnished to Henry II., by the several Counties of the kingdom (i. 166, 291; 274; vi. 238). The contribution of Boroughs and Royal Demesnes to this impost was in the nature of a Tallage (i. 291-2, 195).
The word, Donum, is also used technically of a gratuity given by the Crown to persons on active service (vii. 74).
Dos:- Dower. Dower was usually declared and given at the gate of the Church or Monastery, at which the marriage ceremony was performed (i. 134; v. 187; ix. 2; x. 48).
A second wife could not claim dower in property which had devolved to her late husband by a previous marriage (i. 145).
Dos, sometimes means property brought by a wife to a husband (v. 272n); sometimes (simply) "endowment" (vii. 311n).
Ductus, Deytus, or Duit:- A watercourse (ix. 375, 379, 380; xi. 183).
Dun (Saxon):- A hill or down (i. 185, 191; iv. 142); whence dunig, hilly (ii.173).
Dunjun, Le:- The Keep of a Castle (xi. 140).
E
Ea (Saxon):- A stream, water (viii. 279, 2130).
Eah (Saxon):- An eye (viii. 279, 280).
Ealdorman:- A high-ranking royal official and magistrate of an Anglo-Saxon shire or group of shires (i. 22).
Earn (Saxon):- An eagle; whence Earnwood (iv. 277); and Ernestree (v. 197).
Ebdomadarius:- Weekly (v. ii. 323; vi. 203).
Eleemosynae constitutae:- Alms established (see vi. 238).
Elizors:- Electors of Juries (see vi. 20; viii. 33).
Elongare:- To secrete (a ward, from its lawful guardian, vi. 293); to alienate (ix. 202).
Emendacio:- Change (viii. 242).
Emendae warennae (ix. 170):- A right of inflicting and appropriating any penalties which might be incurred by trespassers in a Warren, see Warrena.
Englecheria (vii. 34):- A district amenable to English law and custom, as contrasted with Walcheria, or a district governed by Border law and custom.
Eow (Saxon):- The wild ash (i. 185).
Eowu (Saxon):- An ewe sheep (i. 185).
Escaeta:- Primarily means reversion or reversionary right (see xi. 126); but usually whatever reverted to a Seigneurs' Lord by right or custody, lapse, wardship, or forfeiture.
Escaetor Regis, and Subescaeter:- Officers appointed for certain districts or Counties, to detect, and take custody of whatever might fall to the Crown as an Escheat. Instances of the conduct of these Officers (i. 205; iii. 242, 243; vii. 188). Instances of their Rolls or Accounts being preserved (i. 151, 153; ix. 131).
Escheat of Earl Robert de Belesme, in 1102 (i. 70n, 242n).
Escheat of Hugh fitz Turgise (v. 114).
Escheat of Robert Pincerna (x. 291-2).
Escheat of Gerard de Tornai (i. 253; ii. 104, 106; viii. 126-7, 196; ix. 64).
Escheat of Peverel of London (vi. 310).
Escheat of Peverel of Nottingham (vi. 310).
Escheat of Lacy of Ludlow (tem. Henry I and Stephen) (v. 65, 85, 241; vi. 73; viii. 62-3, 71; ix. 75n, 359; x. 126). A curious feature in this Escheat is that, while it was in force, many of Lacy's Domesday Manors were burdened with service of Ward at the, then Royal, Castles of Montgomery and Shrawardine (see iii. 44, 45; iv. 285; v. 34-5, 65n, 85, 87-8; viii. 62, 63).
Escheat of Roger de Chandos (xi. 347).
Esnecia or Eynecia:- The esnecy, or elder sister's share, where there were two or more Coheiresses (ii. 18n, 36; iv. 218; xii. 9).
Espervarius sorus:- A sore sparrow-hawk (i. 82n; vi. 144; viii. 154).
Esplees:- The full profits or issues of land, such as grain, hay, rents, and services (iv. 263; vi. 353; ix. 106).
Essoignor:- One who appears to answer for the absence of another (ii. 170), see Essonia.
Essonia:- An excuse of absence offered on behalf of one who was under legal summons to attend any Court or assembly. Esssoigns of the following kinds are of most common occurrence.-
Essonia de ultra mare (ii. 212; vi. 292).
Essonia de Terra Sancta (when the Absentee was alleged to have gone to Palestine on a crusade or pilgrimage).
Essonia de malo veniendi (iv. 95,189; vi. 292).
Essonia de male lecti (i. 186-7; iv. 21, 246; vi. 123; vii. 174; viii. 108).
Essonia de servitio Regis (iii. 130).
Essonia mortis (i. 81n, 206; iii. 100).
Estivalia:- Boots (ii. 251n).
Estoveria:- Estovers, or allowances of timber and fuel out of the Lord's woods (ii. 155; 222). The principal estovers were:
(1) Housebote (ii. 336; vii. 329), which induded timber
for repairs (vi. 61), and wood for burning (ix. 94-5);
and
(2) Haybote (vi. 338), which was wood for repairing
fences.
Evadere:- To trespass, as cattle (ix. 17).
Excangium ad valens:- An equivalent exchange (viii. 152).
Exercitus:- The King's host on active service (vii. 241).
Exhibitio:- Allowance towards education (vi. 219).
Exigatur:- An order of court, preparatory to outlawry (iii. 12n; ix. 144; xi. 179n).
Exilis:- Little (vi. 164; xi. 209).
Expeditatio canium:- Removal of dogs paws to stop them hunting in or near a forest (see v. 198; vi. 239; viii. 221).
Expensacio:- Consumption (ix. 380).
Exsarta:- See Assarta (vii. 320).
Extenta:- Extent, or valuation (ii. 58, 289).
Extraneus:- A stranger in blood (iv. 93).
F
Fabrica:- A smithy (viii. 101).
Fairs:- Permission to hold fairs was almost uniformly purchased from, and granted by, the Crown (i. 226-7, 302, et passim): nor does Fitz Alan's, all but Palatine, Franchise of Oswestry appear to have been exempt from this rule (x. 328).
There is a theory that "Fairs were usually fixed on the Feast-day of such Saint as was deemed to be Patron of the Parish-Church" (i. 340n; vi. 202; x. 33n). But there was an ancient instance of an exception to the rule (viii. 244).
Falcare:- To mow.
Falcator:- a mower (ix. 83).
Falsonarius:- A money-forger (v. 281).
Familia:- Retainers, Party (v. 255; vii. 30).
Fee-farm:- A grant in fee-farm implies a beneficial tenure. It reserves a rent, usually below the actual value, but does not reserve homage, fealty, or any other service, unless the Deed of feoffment makes express mention of such reservation. A grant in fee-farm might be only for life of the Grantee (iii. 71); but was usually to the Grantee and his heirs (vii. 185-6, 355). There is an instance of a grant in fee-farm by King Henry I. (iii. 146n).
Felo:- A felon. How his lands were disposed of (iv. 238).
Felo de se:- A self-murderer; an instance of the crime by a Monk of Wenlock (iii. 260).
Feoffamentum:- Feoffment, or a grant of Honours, Manors, Lands, or other immoveable things of a like nature, to another, in fee, that is, to him and his heirs for ever, by delivery of seizin and possession, whether the gift be made by sign, word, or writing. Old, and new, feoffment are distinguished (i. 232; ix. 70n, 71n). Instances of a very early feoffment by Deed (iii. 185-6), and in trust (iii. 190n; vii 48, 344).
Ferculus:- A dish (x. 207n).
Ferendel, Ferdendel, Feorwendel, Forndell, Ferdellus, Frondella, or Ferling:- A farthing-land, i.e. a virgate or fourth part of a carucate or of a hide (ii. 279; iv. 89n, 127; v. 5; vii. 353, 355, 364; ix. 211, 282).
Ferrandus:- Dappled, grey, or possibly white (ii. 115).
Ffaen (British):- A bean (i. 159).
Fidelitas:- Fealty; a solemn promise (vi. 174).
Filiolus:- A son-in-law (vii. 394).
Filum aquae:- The thread or midstream of a brook or river (x. 208).
Finalis Concordia:- The name given to any composition or agreement, directed or sanctioned, by the Curia Regis (see i. 5).
Fines were sometimes compositions of real suits (i. 114n); sometimes of fictitious suits (i. 82n, 135n) e.g. where the object was to fortify a previous gift (ii. 158n), or to entail an estate, in which case two Fines (viz. a Fine and Counter-Fine) were often employed (iv. 320).
Instances of curious, or early, Fines (ii. 67-8, 99; x. 367-369; xi. 359).
Finis (Domesday):- A word used to designate those districts which the Welsh called Cwmds or Commots (xi. 48, 118, 172).
Finis:- A Fine made with the Crown, when a subject negotiated for any favour, privilege, or license (i. 4). Strictly speaking the preliminary step was in the form of an Oblatum, or pecuniary offer, and the acceptance thereof was the Fine.
The following list and references will be found to contain the principal matters which were made subjects of this kind of negotiation between the King and his Lieges:
Ne cogatur maritari; by the widow of a Tenant-in-capite (v. 133; xi. 123).
Ne ponatur in assizis; by an aged or infirm person (iii. 15).
Ne transfretet; by one liable to serve abroad (iii. 132; viii. 105, 111).
Pro assarto habendo in pace; by one who had assarted lands in the forest without proper license (vi. 124n).
Pro assiza habenda; by one wishing to bring an action (iv. 333, 353n; vii. 307).
Pro attingendis duodecim Juratoribus; by one wishing to attaint a jury (viii. 94), see Placitum ad attingendos, etc.
Pro bona assiza; for a full and fair trial (ii. 316).
Pro festinando judicio; that sentence in a pending suit be expedited (vii. 74).
Pro festinando jure; to hasten the action of the Law-Courts (ix. 208).
Pro filiabus maritandis; by a Tenant-in-capite having no male heirs (iii. 133); by the widow of a Tenant-in-capite, being mother of nine Coheiresses (viii. 154-156).
Pro habenda attincta (iv. 373n); when the object was to convict a Jury of perjury, see Placita.
Pro habenda benevolentia Regis; a composition for treasonable or irregular conduct (iii. 161; v. 258; viii. 154).
Pro habenda custodia; of a vacant Abbacy (viii. 226); of the lands and heirs of a deceased Tenant-in-capite (iv. 61; vii. 247-249, 251; ix. 311). Instance of such a Fine being cancelled on proffer of a larger sum (ii. 286).
Pro habenda jurata; to have a trial by jury (ix. 169).
Pro habenda mencione in brevi; for altering or limiting the terms of the Writ directing trial of some suit or issue (vi. 164n, 185n).
Pro habenda in uxorem; to marry the daughter and coheir presumptive of a Tenant-in-capite (iii. 133); or the heiress of a Barony (iv. 310).
Prc habenda recognicione; to have a trial or inquest (i. 235n).
Pro habendo auxilio (see iii. 291).
Pro habendo bosco extra regardum; to free a wood from forest jurisdiction (x. 30).
Pro habendo brevi; for taking out any writ (iv. 14n).
Pro habendo mercato; to establish a local Market (iv. 64).
Pro habendo pone; for a writ of pone (i. 224; ix. 169; x. 17). See Writs.
Pro habendo praecipe; for a writ of praecipe (vi. 228; ix. 169). See Writs.
Pro habendo recto; (see i. 224; v. 76).
Pro habendo recordo; either to have a certified copy of some public record, or to procure record and enrolment of some transaction (xii. 8).
Pro inquisicione habenda; by persons under a charge of homicide (iii. 19).
Pro licentia concordandi; for leave to levy a Fine (iv. 15; v. 60).
Pro licentia maritandi se; by an heiress, or the widow, of a Tenant-in-capite, to marry, or re-marry, at her own discretion (i. 360; iv. 55; vii. 165; ix. 311, 373).
Pro maritanda se, sine licentia; a composition for neglecting the last-named Fine (ii. 244; viii. 270).
Pro maritagio; to have the bestowal of an infant in marriage (vii. 342). Instance of such a Fine being cancelled (vii. 342).
Pro novo assarto; to cultivate forest-land (vi. 152).
Pro pace habenda ne maritetur; by a Widow and Heiress, not to be obliged to re-marry (vii. 71).
Pro passagio et scutagio; a composition in lieu of personal service abroad, and of liability to scutage (vi. 110; ix. 168).
Pro perdonacione fugae et revocacione utlagariae; to cancel sentence of outlawry (viii. 138).
Pro perdonacione mortis; by a woman accused of being accessory to the murder of her husband (i. 378). The King's pardon in such cases only staid Suit of the King's peace. It did not qualify further prosecution by private individuals.
Pro rehabendo bosco; for repossession of a wood, when confiscated by the Officers of the Forest (vi. 294).
Pro relevio; a Fine on succession (i. 223-4; iv. 58).
Pro respectu militatae, or Ne fiat miles hac vice; by one who wished to postpone the obligation of taking the order of knighthood (ii. 178; iii. 6; vii. 104).
Pro uno brevi ad terminum; for a Writ ad terminum (see xi. 81).
Pro utlagaria revocanda: for revoking a sentence of outlawry (see iii. 290).
Quod videat cartam: to see a document (see iii. 83n).
Ut amittatur per ballivam; when a prisoner wished to be discharged on bail (ix. 202).
Ut carta scribatur in magno Rotulo; for permission to enrol a common Deed on the Pipe-Roll (iii. 134n; v. 223).
Ut deliberetur a prisona (iii. 14; viii. 248). Instance of such a Fine being in composition of an act of the highest criminality (ii. 55).
Ut diverteret aquam Sabrinae; by one wishing to erect a Mill near Montgomery (xi. 142).
Ut loquela procedat; to expedite a suit at law (iv. 343).
Ut molendinum possit stare; to compound for the erection of a Mill within the Bailiwick of Montgomery (xi. 142).
Ut non teneatur placitum; to delay a suit at law (iv. 342).
Ut non veniat; a composition, by a person implicated in a charge of murder and being out on bail, for non-appearance at the Assizes (i. 366).
Ut quietus sit de computacionibus, etc.; a composition in lieu of various crown-debts (ii. 286).
Firma Burgi:- The farm of a Borough, held of the Crown by the Burgesses in common. Instance of Bridgnorth (i. 292-3).
Firma Comitatus:- The custom was for the king to get a fixed sum from the sheriff of each county, this being called the firma comitatus, and for the sheriff to collect this as best he could. The meaning and application of the term is revealed in instances (i. 261n, 292; iii. 64, 105, 127n; ix. 122). Domesday alludes to such a revenue in Saxon times (v. 145). It was a rule of the Exchequer that the nominal Total of such ferm could never be diminished (iii. 71). Indirect modes of raising it (iii. 71, 238n). The Shropshire Pipe-Rolls, in dealing with the Firma Comitatus, do not contemplate grants made earlier than the first year of Henry II. (iii. 146n). A single exception to that Rule (iii. 174n).
Firmare:- To build or strengthen (ix. 344).
Fiscella:- A basket for snaring fish (viii. 237).
Fisheries (Piscaria):- Mention of (i. 44, 360n, 361; viii. 76; x. 112n, 125, 131, 308; xi. 33).
Fitz, or Filius:- The term "filius" or "Fitz", as generally used in the twelfth Century, means "descendant of", not "son of"; but in some exceptional cases a strictly patronymic nomenclature, like that of the Welsh, seems to have obtained among the Normans. Various import of the term as a prefix to names (ii. 305n).
Flota:- A raft-load (vi. 98n).
Folkmote, conventus populi:- The Curia Comitatus and the Greater Hundred Court are occasionally so called (xi. 69).
Forcia:- Violence (x. 21).
Forestall:- A marketing offence in English common law. The term was used to describe an unacceptable method of influencing the market, sometimes by creating a local monopoly for a certain good, usually food. It was an offence recognizable by the Greater Hundred-Courts (x. 188). Buying articles at a wholesale price with intent to retail them at an exorbitant profit was called forstalling, and was a statutable offence as early as 51 Hen. III.
Forest:- By this term is to be understood, not merely an extensive wood, but any territory which was subject to a certain jurisdiction having for its object the preservation of game and the maintenance of woodland.
Forests are not taken account of in the Domesday Survey (i. 79n; ii. 185; iv. 276).
Pleas of the Forest held by Henry II. in 1176-7 (i. 263; ii. 275).
Instance of a Forest abolished by King John (ii. 186).
King Henry III.'s Carta de Forestis (iii. 215n), see Carta de forestis.
Visitation of Shropshire Forests in 1235 (i. 204).
Forest-Assizes, of 1209 (i. 267); of 1250 by Geoffrey de Langley (ii. 73).
Perambulation of the Shropshire Forests in 1300 (i. 215; iii. 218).
Localities selected for Royal Forests (vi. 335).
Jurisdiction, or Regard, of the Forest (ii 6n; iii. 205n; vi. 336-7; ix. 143).
Officers of the Forest (iii. 102n; vi. 342).
Local Forest-Courts, held every six weeks (v. 199).
Forester-of-the-Fee:- One who held his office hereditarily (vi. 21).
Foresters:- Exempted from serving on Juries (xii. 5); their perquisites (ix. 48; xii. 6).
Forester's Lodge:- Probable instance of one, still existing (iv. 6).
Forgery of money:- See iv. 368; v. 281.
Forinseca servicia:- Enumeration of the duties usually implied by that term (iii. 20).
Forinsecus, foreign:- Exterior to a Manor; outlying (vi. 223).
Forrea, or Forrura:- A headland or furrow (viii. 155; ix. 36).
Forum:- A market-place (x. 343).
Fossatum:- A moat (vi. 59).
Foundation-Charter:- This term often misapplied (iii. 236; vii. 245, 285, 290).
Franchalimot:- A collective set of hides (v. 227, 229).
Franchise:- The following Shropshire Franchises seem to have had rights of haute justice and other immunities, more or less approaching to those of a Palatine jurisdiction; viz. The Barony of the Mortimer's (iv. 203); the Barony or Hundred of Oswestry (x. 313, 316); and the Barony or Hundred of Clun (xi. 200, 234-5).
The following Franchises, Estates, and Manors had jurisdiction, more or less analogous to the jurisdiction of a Hundred, viz.-
Shrewsbury Abbey, for all its lands (i. 45; viii. 281).
Talley (i. 92).
The Borough and Liberties of Bridgnorth (i. 297, 303, 306).
Claverley (iii. 73).
Worfield (iii. 108).
Nordley Regis (iii. 155-6).
Malvern Priory for Quat Malvern (iii. 176).
Wenlock Priory, for all its lands (iii. 245; vi. 4).
The Barony of Holgate, including Castle Holgate, and (not without some question) its fees in general (iv. 66, 67).
Stottesden, but not without question (iv. 150, 152).
Cleobury Mortimer and Mortimer's fees generally (iv. 221, 224; vi. 5; xi. 9, 15, 53, 96, 109, 137).
Burford (iv. 316).
Wigmore Abbey, for Cainham and its lands generally (iv. 362; vi. 4, 5).
Stanton Lacy, and its members (v. 8).
Corfham (v. 160, 162, 192).
Diddlebury Church (v. 180).
Bromfield Priory (v. 213, 214).
The Templars, for their estates in general (v. 233n; vi. 4).
Ludlow Town (v. 278, 284).
Buildwas Abbey, for all its lands (vi. 4, 330).
Cressage (vi. 312-3).
Caus Castle and Liberty (vii. 25, 35, 44).
Ford (vii. 183, 190).
Great Bolas (viii. 269, 270).
Wrockwardine (ix. 26).
Wellington (ix. 44).
Edgmond and Newport (ix. 117).
Wem (ix. 170, 172, 174).
Market Drayton (ix. 185-187).
Prees (ix. 245).
Middle (x. 68).
Shrawardine (x. 33, 68, 97).
Little Ness (x. 101).
Besford (x. 178).
Great Ness (x. 272, 288).
Lydbury North and its members (xi. 198).
Lydham (xi. 280).
Church Stretton (xii. 17).
Francigena, or Franco (Domesday):- Frenchman (iv. 20n; v. 81; x. 44; xi. 196, 356).
Frank Almoign:- Pure alms (x. 104). Feudal consequences of lands being thus bestowed (iii. 80, 82; v. 62).
Frank Marriage:- The tenure by which a man and his wife held an estate granted by a blood relative of the wife in consideration of their marriage; called also liberum maritagium (x. 77, 126). Question as to the descent of lands so given (vi. 277n).
Frater:- Brother or comrade, sometimes meaning brother-in-law (vii. 208).
Fraternitas:- The Membership imparted by Religious Houses to secular persons (ii. 203; vii. 388). That bestowed by the Knights Templars (v. 123-4).
Fraternitas:- of the Hospitallers, was used in the sense of Confraria (x. 382), see Confraria.
Fratres Praedicatores:- Friars Preachers (vi. 340n).
Free-Chase:- A jurisdiction extending over a certain district, and which entitled ths owner of such jurisdiction to the same actual and prohibitory rights as were enjoyed by the Crown in a Forest-jurisdiction; and that, both as regarded vert and venison (iv. 277; v. 18, 56, 199-200; xi. 100, 101, 233).
Free Chapel:- The term applied to a non-curative Church (see Churches); and also to Churches and Chapels which were in Royal patronage (x. 150, 153, 157, 159; xii. 31; see Capella dominica Regis).
Free Haye:- A jurisdiction analogous to that of Free- chase, but more local and confined in extent (v. 213).
Free Warren:- A privilege much more limited than Free-chase, and consequently more common. It gave a right to certain animals within a specific district, but did not extend to Deer or to vert (i. 96n). Nevertheless a right of Warren was in many ways augmentative of a right of Chase (v. 199; xi. 101). An offence against warren was recognizable by common and by statutory law, rather than by forest-law.
For further mention of this privilege, see 227; iv. 99; v. 18; xi. 96, 183.
Friscus:- Barren (v. 204; viii. 13).
Frussura:- Cleared land (x. 11).
Ful (Saxon):- Fowl (i. 137).
Full (Saxon):- Full, entire, complete (i. 137).
Fundus:- A farm; the word applied to the glebe of a Church (x. 115).
Funerals:- The right of burial, though specially appurtenant to the Mother-Church of a district (see Sepulture), was gradually given to, or usurped by, affiliated Churches. The right was also one which every monastery made it a point to obtain (vii. 292). The large Benefactions which resulted to Monasteries, having this right, may partly be estimated by those Grants cum corpore which occur so frequently in Monastic Chartularies. From this kind of evidence we infer that the following persons bequeathed their bodies in burial to the following Monasteries, and were, with one or two exceptions, actually buried therein; viz.-
In Buildwas Abbey: Osbert fitz William of Stirchley (viii. 119), William Erdulf of Chelmick (xi. 351).
In Great Malvern Priory: Brian de Brompton (II) (iv. 248).
In Haughmond Abbey: Matilda le Strange (iii. 141), William fitz Alan (II) (vii. 244), John fitz Alan (II) (vii. 255), Petronilla de Rodinton (vii. 376), Daumar de Sugden (vii. 382), Helias de Say (II) of Stoke (viii. 61), Richard Crurder and Alice de Rodington his wife (viii. 263), Robert de Stanton (viii. 286), John de Marchamley (ix. 273), Robert fitz Aer (III) (ix. 273), Vivian de Rossall (I) (ix. 324), Robert fitz Aer (II) and Emma his wife (ix. 326), William Banastre (I) of Hadnall (x. 48), Wido and Petronilla de Hadnall (x. 56), Hugh de Rossall of Adcott (x. 105), Lewellyn and Heynon de Medlirett (xi. 187-8), Madoc de Overs (xi. 211), John fitz Alan (III) and Isabel de Mortimer, his wife (vii. 260).
In Lilleshall Abbey: Henry and Avelina Malvoisin (vii. 390), Amicia, wife of John le Strange (II) (x. 267), Robert de Bollers and Hillaria Trusbut, his wife (xi. 123-4). Alan de Bollers (xi. 157).
In Seez Abbey: Picot de Say and his sons (xi. 226).
In Shrewsbury Abbey: William fitz Alan (I) (vii. 237).
In Wombridge Priory: Madoc and Griffith, sons of Gervase Goch (ii. 112), Walter de Dunstanvill (I) (ii. 279, 283), Alianore Mussun (viii. 169), Richard de la Bury (I) of Uppington (viii. 179).
Furcus:- The forequarter of a Deer (vii. 16).
Furnum:- A bakehouse (x. 343; xi. 217, 230).
Furqura:- The point where one road divides itself into two (xi. 261).
Fusticare gentes:- To exercise penal jurisdiction over folk (iv. 299n).
G
Gades:- Boundaries or limits; limites, metae, termini (Du Cange) (ix. 87).
Gallows:- The jurisdiction of hanging felons. It was appurtenant to several Manors, Boroughs, and districts which had a Hundredal franchise (i. 94, 310; iii. 248; ix. 246; xi. 180).
Garbae:- Corn-tithes (ix. 51).
Garentizare:- To warrant, see warranty (vii. 328).
Garnistura:- A garrison (ix. 184); but usually, garrison-stores, v. Warnistura.
Garrita:- A tower (xi. 140).
Geboda (Saxon):- A messenger (iv. 167n).
Geldabilis (Domesday):- Subject to Danegeld; but later, the term seems to imply subjection to the ordinary dues, which attached to a Hundred (iv. 150; xi. 198).
Gersuma:- A fee on entry (ii. 17); a fee in earnest (iii. 111); a fee paid to the Lord when his Tenant's daughter married (x. 248).
Gestare:- Perhaps "to raise higher", "to finish off" (i. 256n).
Gista aquae:- Short for "agistiamenta aquae" meaning water-banks (ix. 240).
Glas (British):- Green (i. 210).
Glebe-lands:- An area of land within an ecclesiastical parish used to support a parish priest. How treated in cases of appropriation (v. 42); the immunities of (ix. 212, 213).
Goord, Gort, or Gorth:- A weir (iii. 40; vii. 270).
Gowyt or Gaywite:- A franchise of the Borough of Bridgnorth (i. 304); its nature unknown.
Greff'egh:- Some seigneural right annexed to the Manor of Monk Meole (vi. 359).
Grossus:- Thick, large (iv. 122; vi 52).
Gurges:- a weir (iii. 219).
H
Habeat aetatem:- An order of Court, equivalent to an adjournment until some party to a suit should be of full age.
Habergellum:- A hauberk (vii. 343).
Hacka Denoscha:- A Danish axe (v. 284n).
Haga:- A burgage (ii. 267).
Haia:- A fence (iii. 320); an enclosure in the forest (i. 109); hence Hale capreolis capiendis (v. 44; xi. 333); and Haia firma (vi. 48n). Vide Free-Haye.
Halimot:- A Court Baron or Manorial Court (iii. 316; vi. 89n; vii. 135).
Haneth:- A right or due of some kind, recognised in the Manor of Whixall (ix. 233).
Hara (Saxon):- A hare (x. 218n).
Haracia:- Herds of horses (vi. 165).
Haybote:- Wood that a tenant is allowed to take, for life or a period of years, from the land he holds for the repair of his house, the implements of husbandry, hedges and fences, and for firewood (vii. 375; ix. 201). See Estovaria.
Head-money:- Paid by the Crown for the interception of Welsh plunderers (xii. 5).
Heah (Saxon):- High (iii. 10).
Heall (Saxon):- A hall (i. 219).
Hega:- A hedge or fence (ix. 202), see Haia.
Heremus:- Untilled ground (x. 95).
Heriots:- Death-duty in late Anglo-Saxon England, which required that at death, a nobleman provided to his king a given set of military equipment, often including horses, swords, shields, spears and helmets (ii. 75n; iii. 96). It later developed into a kind of tenurial feudal relief due from villeins.
Hida:- a hide; the usual measurement spoken of in the Shropshire Domesday (i. 25-31; 38n).
In some case, the hide seems to have been rather a measure of comparative value, than of recognized areal extent (i. 20n; iii. 122; vi. 347n). It consisted of four virgates, but the areal extent of a virgate was matter of great uncertainty. v. virgate.
Looking at the Domesday Hide of Shropshire with reference to the number of Teams employed thereon, we find many Hides waste, and so, destitute of any team power whatever. On the other hand we have a single hide at Wroxeter (vii. 309) employing 12½ teams, which is far above the average.
Again, as to the two extreme annual values of the hide, the variation is between the waste hide, realizing nothing, and such a Manor as Cressage (vi. 309), where ths income was £6. 13s. 4d. per hide.
Again, there are a few Manors whose present boundaries may be almost presumed to be the same as they were at Domesday. In some such cases we find the Domesday hide variously represented by 140, 300, 340, 700, 800, 900, and even 1266 modern acres (vi. 310). From such premises it is impossible to draw any other conclusion than one already suggested, viz. that the Domesday hide varied in areal extent. If an average and ordinary estimate had to be made of the Domesday hide, as a measure, we may say that as regards Shropshire it probably equalled something more than 240 statute acres (i. 20; iii. 226).
In later times and in another county we find an instance (ii. 290) where five hides were deemed equivalent to a Knight's-fee. No such ratio can be depended on as universal.
The Hundred-Roll of 1255 measures Shropshire Manors, as Domesday had done, viz. by the hide. In very many cases the Manors are found to have retained their reputed hidage. In many, the Domesday measurement had been from obvious causes depreciated (see iv. 218, 233; vi. 51; ix. 170n, 313; xi. 253). Where it had increased, the change was probably more apparent than real (iv. 326; v. 203; vi. 197).
Hidage:- A tax by the hide, such as Danegeld was (see i. 295n); but it is often instanced as distinct from Danegeld (viii. 220). Seee Danegeld.
Hiis testibus:- The form which usually commences the testing-clause in Charters of the 13th and subsequent centuries. It is occasionally found in charters of Stephen's and Henry I.'s time (ii. 169; iii. 186); but "His testibus", and other forms, were more usual to that early period.
Hirson:- A due or service of unknown nature, incumbent on the men of Worfield in respect of Bridgnorth Castle (i. 279).
Hlaew (Saxon):- A tumulus, or hill (iv. 236; v. 237).
Hlaford (Saxon):- Lord (iii. 306).
Hlid-geat (Saxon):- A postern door; whence Ludgate.
Hoch (German):- High (iii. 10).
Hochepot:- The bringing into one, all a deceased person's estates, so as to re-divide them equitably among his heirs or successors (ii. 234).
Homagium, or Homago:- Homage, or that expression of feudal allegiance which every tenant owed to his immediate Lord (i. 235,236; ix. 266). The formula used was "Devenio homo vester ab hac die in posterum, de vita, de membro, et de terreno honore; verus et fidelis vobis ero, et fidem vobis portabo ob terras quas a vobis teneo; salva fide Domino nostro Regi et heredibud suis". Where estates became divided, the eldest Coparcener did homage (xii. 10).
Homsoken:- The penalties accruing to any Court, for the offence of entering a man's house either for the sake of quarrelling, stealing, or annoying (x. 188).
Honestus:- Decent (vii. 281n).
Hope:- A valley (iii. 295n; iv. 1; vi. 159); but interpreted by Camden as meaning a hillside (v. 114n).
Horses:- Welsh horses were held in repute (ii. 67n, 110; viii. 153). Mention of wild horses (ix. 277).
Hospes (Domesday):- A tenant above the condition of a serf and a boor; paying his rent in money (ii. 168).
Hospicium Hospitum:- The Guest chamber (of a Monastery). (Vide iii. 277n; v. 216; vii. 299).
Hospitata terra:- Place of lodging (see vii. 69).
Hospitatum Manerium (Domesday):- Guest house in a Manor (see vi. 359n).
Hostarium:- A Porter's lodge (xi. 140).
Hostium:- a door (viii. 229).
Housebote and Haybote:- Right to collect certain kinds of wood, see Aisiamenta and Estoveria (iii. 281).
Hoxtiweidei:- This was the third Tuesday after Easter Day (more usually Hokeday, or Hock Tuesday), and was commemorated by the English as the anniversary of a great victory over the Danes (x. 351).
Hryog (Saxon):- A ridge (iii. 204).
Hue and Cry:- The legal process by which bystanders are summoned to assist in the apprehension of a criminal who has been witnessed in the act of committing a crime. The penalties for neglecting which were usually assessable by the Hundred-Court, but which were also appropriate to particular franchises. (Vide i. 96n; iv. 66, 136; v. 8, 282; viii. 231; x. 35).
Hul (Saxon):- A hill (i. 219).
Hundred:- An administrative division which was geographically part of a larger region. The original Saxon Hundred probably consisted of 100 hides; but districts which were originally half-hundreds or quarter-hundreds came to be called Hundreds (vi. 6, 347n, 349).
Rendezvous of the Hundred in Saxon times (i. 22); and after the Conquest (xi. 179,179n).
Profits of the Hundred-Courts in Saxon times, how divided (i. 22; x. 131).
The Shropshire Hundreds of Domesday (i. 17, 20-21; iii. 240n); their rearrangement by King Henry I. (i. 23, 24, 219, 239n; iv. 242; vi. 328n); Creation of a new Hundred by King Richard I. (iii. 237).
Bailiffs and Fermors of Hundreds (i. 288; vi. 7; ix. 155).
In and after the 13th century, single Manors, having a Hundredal Franchise, were often called "Hundreds" (x. 240, 241, 381).
The Tables of those Domesday Hundreds and Franchises, which constitute modern Shropshire are:
ALNODESTREU Hundred (Shropshire), i. 18-19.
Extra-hundredal Liberties of Bolebec, Chetton, Donnington, Eardington and Tong (i. 18-19).
BASCHERCH Hundred (Shropshire); its detached portions, ii. 258, 259.
SAISDONE Hundred (Staffordshire); part of, ii. 258-259.
CLENT Hundred (Worcestershire); part of, ii. 258-259.
STANLEY Hundred (Warwickshire); part of, ii. 258-259.
PATINTON Hundred (Shropshire); iii. 220-221.
Extra-hundredal Liberty of Ditton; iii. 220-1.
CONDETRET Hundred (Shropshire); iv. 140-1.
Extra-hundredal Liberty of Stottesden; iv. 140-1.
OVERS Hundred (Shropshire); iv. 300-301.
CULVESTAN Hundred (Shropshire); v. 2-3.
Extra-hundredal Liberties of Bromfield, Corfham, Diddlebury, Culmington, Lower Poston and Siefton; v. 2-3.
CUTESTORNES Hundred (Herefordshire); part of, v. 224.
CONODOVRE Hundred (Shropshire); vi. 2-5.
SCIROPESBIRIE Hundred (Shropshire); vi. 348.
RUESSET Hundred (Shropshire); vii. 2-3.
Extra-hundredal Liberties of Caus, Ford, and Minsterley; vii. 2-3.
RECORDIN Hundred (Shropshire); vii. 198-201.
Extra-hundredal Liberties of Dawley Magna, Edgmond, High Ercall, and Wellington; vii. 200-201.
ODENET Hundred (Shropshire); ix. 152-155.
PIREHOLLE Hundred (Staffordshire); part of, ix. 154-5.
BASCHERCH Hundred (Shropshire); x. 38-41.
Extra-hundredal Liberties of Ellesmere, Great Berwick, Great Ness, and Loppington; x. 40-41.
MERSETE Hundred (Shropshire); x. 314-315.
WITENTREU Hundred (Shropshire); xi. 54-55.
RINLAU Hundred (Shropshire); xi. 180-181.
Extra-hundredal Liberty of Lydham; xi. 180-1.
LENTEURDE Hundred (Shropshire); xi. 294-295.
Extra Hundredal Liberty of Church Stretton; xi. 294-5.
Hundred, the Long, viz. of 120 (ii. 209; ix. 107; x. 62); and the Short Hundred, viz. of 100 (iv. 253).
Husteng:- The chief Borough-Court of London and other great cities was called the Hustings (iii. 237n). The Prior of Wenlook, it seems, was not to be impleaded in any such Court.
Hw:- These Saxon letters were represented by the Wh and Hu of later times (vi. 119).
I
Ideo ad judicium de eis:- Words which frequently end a process in the Law-Courts. They probably imply a decree of the Court, reserving judgment to a higher tribunal, e.g. to the King's Council.
Imbladement:- The sowing of lands within the bounds of a Royal forest (see i. 59n, 62n; ii. 315).
Incausare:- To prosecute (ix. 273).
Inclusa:- A Recluse (vi. 89).
Inde:- Thereof (vii. 279).
Infangenthef:- The priviledge of the Lord of the Manor to pass judgement of theft committed by persons within their jurisdiction (iii. 237; v. 213, 214; viii. 220; xi. 35, 100, 134). See also Outfangethef.
Ing (Saxon):- A meadow (iv. 188).
Ing:- A syllable frequently entering into the composition of Saxon names (see iii. 329; vi. 108, for its import).
Initial letters of names (used in Charters):- These are sometimes mere general expressions, as A and B in common conversation (see viii. 225n, 228n; ix. 6n). When the actual initial letter of a name is used, it has been frequently misinterpreted by Transcribers (i. 204n; 138n, 331 0,332n; v. 42n; viii. 217n; x. 230; xi. 208).
Injustificialis:- Too high for jurisdiction (ix. 285n).
Inlagatus:- Inlawed (vii. 54).
Inland (Saxon):- (see vi. 48n).
Inquisitione:- A local inquiry, of various types:
Inquisitiones ad probandam aetatem:- An inquiry to establish someones's age (see 66; ii. 20; iv. 165; vii. 394-5).
Inquisitiones ad quod damnum:- An inquiry into a potential loss (see i. 5, 126; iii. 150, 179).
Inquisitiones Nonarum:- The inquiry into the value of land and produce in 1341-2 for the purpose of collecting Edward III.'s tax of the Ninth and finding discrepancies (see i. 9, 220-1, 327; ii. 160n; iv. 84). Inaccuracy of the Record (v. 43).
Inquisitiones post mortem:- A local enquiry into the lands held by people of some status, in order to discover whatever income and rights were due to the crown (i. 5, 177). Such inquisitions were only held when people were thought or known to have held lands of the crown. Some of these Records are missing (see ii. 87n; 257n). The statements which they supply as to the age of an heir are frequently inaccurate (iv. 321; v. 161n; vii. 257). Included are some remarks on the printed Calendar thereof (i. 65n, 206n, 258n; iii. 46n; iv. 294n, 319n).
Inspeximus Charters:- An inspeximus is a charter beginning with the Latin word Inspeximus ("We have inspected") (i. 302n; x. 373; xi. 19). It is declared in the charter that an earlier charter or letters patent, here quoted or summarized, has been examined and its validity confirmed.
Interibus:- Meanwhile; a word of doubtful meaning (iv. 134).
Interrogetur:- Interrogate, test, or question (see 12n; xi. 179n). Vide Exigatur.
Introitus:- Entry on lands. The fee paid thereupon is said to be de introitu (iv. 112).
Invadiare:- To mortgage (viii. 247-8).
Investire:- To endow. Investiture was often given by deputy (iv. 68; ix. 6).
J
Jarullum:- A barrier (xi. 140).
Judicium:- Right to inflict capital punishment (ix. 246), see Gallows.
Jumentum:- A mare (vii. 84).
Juratum:- A jury (see i. 57n, 121, 189); Liable to collective amercement for an untrue return or other offences (iii. 75); Juries sometimes consisted of as many as 42 persons (x. 196).
Jus devolutum:- The Bishop's right of lapse; that is, to present to any benefice after it had been six months vacant (v. 15; viii. 264).
Juvenis:- The word sometimes applied to persons of 30 years of age (vii. 223n, 242, 288n); sometimes used as equivalent to Junior (v. 149, 158; ix. 80).
K
Kedellus:- Dam, or weir, or other contrivance for taking river-fish (iv. 162).
King's Peace, The:- Is that security for life and goods, which the King is assumed to guarantee for his subjects (see iii. 290; ix. 86; xi. 83). In virtue of this theory every breach of the peace was a double offence, viz. against the person wronged and against the King. The Secta pacis Regis was the consequent prosecution so far as the King was concerned.
Kitchens, Conventual:- These were distinctly endowed (iii. 289n, 314).
Knighthood:- An order of nobility. The obligation of certain persons to take the Order (i. 156; ii. 179; viii. 85); or to compound for delay in so doing (i. 225; ii. 178).
Knight's-fee:- So much inheritance as was deemed capable of maintaining a Knight. It varied much. An income of £15 per annum was the requirement in Henry III.'s time, and of £20 in Edward II.'s. Sometimes a Knight's-fee is estimated by extent of land, e.g. five hides composed such a fee in two instances quoted (ii. 290; x. 226).
It was often a subject of dispute between Lord and Vassal, what number of fees, or parts of fees, the latter held (v. 56).
The service due on a Knight's-fee was also matter of great variation; for it depended on the original composition or Deed of feoffment; and it was alterable by mutual consent (ix. 274; a. 66); or it might be altogether redeemed by the Tenant (see v. 60); where £20 per fee was the rate of such redemption
Knight's-service:- The acknowledgments due on military tenures, as distinct from any other freehold, also known as Servitium militare (vi. 320).
These services were chiefly:
(1) liability to personal service in the field,
at home and abroad;
(2) liability to scutages and aids;
(3) liability to the service of Castle-Guard.
The families of Tenants by knight's-service were also liable to all those feudal exactions which are known by the technical names of wardship, relief, and marriage. The Relief on a knight's-fee, held in capite, was usually £5 (xi. 154). The lists called Feodaries, when compared, are often found to be very discordant in respect of a particular tenement. For the probable causes of these anomalies, see Vol. viii. pp. 83, 84.
Kylek, Kylh, Kilh, Kilgh, Le Keys, Oylch, Cwlch, Treth Canidion:- Words used to designate a certain custom or due which was levied in the Lordships of Wem, Oswestry, and Clun. It seems to have been applied to the maintenance of a kind of local police, but its original nature is doubtful. (see ix. 174; x. 331, 384; xi. 14, 16, 16n, 234n).
L
Lactualia:- Lactualia were the tithes of cheese, butter, and dairy produce, receivable by Incumbents from their Parishioners (see x. 342n). It seems to have been a peculiarity of St. Asaph Diocese that the Incumbents handed over a portion of these dues to their Bishop. In fact, the Bishop's Lactualia were as constant a charge on the benefices of that Diocese as the annual and triennial procurations: and the income derivable from Lactualia was greater than that derived from the two kinds of procuration combined.
Lactunium:- Milk, or other dairy produce (iv. 316; v. 52; vii. 314).
Laeth (Saxon):- a lathe, or district.
Landa terrae:- A strip of ground, a barren tract (vi. 245; ix. 187, 252n).
Lastage:- The custom exacted in Markets for selling wares by the Last or wholesale quantity (xi. 134). A Last of pitch was 12 barrels; of hides or skins, twelve dozen; of corn, ten quarters; of leather, 200 skins.
Latencia:- Wilful concealment (xii. 20).
Latimarius Regis:- The word Latimarius was first applied to one who understood Latin. Then it came to signify one who had acquired a knowledge of any other than his native language. The Latimarius Regis was a translator working for the Crown (see ii. 109n; xi. 24).
Latrocinium:- Larceny; treated as a capital crime (iii. 158).
Lead mines:- These existed in the Stiperstones Hills, and at Shelve (vii. 18, 129; xi. 110, 111).
Leag (Saxon), Laese (Saxon), Lle (British), Ley, and Leg:- Words common in the composition of local names. For their relative meaning and frequency, compare i. 64, 148-9, 210; ii. 1.
Legacio:- A bequest (xii. 8).
Legatum:- A mortuary, that is, a gift bequeathed by a man to his Parish-Church in recompense of tithes and offerings not duly paid in his lifetime; or a gift cum corpore to any Religious House, s. g. a palfrey, a charger (vi. 249; vii. 256). For a long dissertation on this subject, see Dugdale's Antiquities of Warwickshire (by W. Thomas, 1730), pp. 929, 930.
The Legata of persons dying in any Chapelry were claimed by the Mother-Church (vi. 303); sometimes a moiety thereof (medietas testamenti) was conceded to the Chapel by special agreement (x. 371; xi. 65).
The Principale Legatum is presumed to have been so called, because, where a Heriot was not due to the Suzerain of the deceased, his best animal was offered to the Church (see x. 372; xi. 65, 148).
Legolis homo:- One who stands rectos in curia, i.e. not outlawed, excommunicated, or defamed (vi. 87).
Leland:- The Antiquary of the 16th century (vi. 326; x. 345).
Lene:- An Anglo-Saxon custom or due; its nature unknown (xi. 134).
Leuga, Leuua, or Leuuede:- A league. Domesday uses the words indifferently as a measure of length or area. The Leuga was equal to 12 Quarentines, or furlongs, long or squared (see i. 165n; iii. 209n; iv. 142n; xi. 29, 50).
Liberata:- A delivery (vi. 338).
Liberatio:- Usually livery or maintenance; applied to the feed of hounds and hawks (iv. 205n).
Liber Homo (of Domesday):- A free man; but the words are sometimes applied to persons of noble condition (iii. 48).
Liber Niger Scaccarii:- The Black Book of the Exchequer (i. 3; 83; v. 254); partly a Record of Henry I.'s time 201n). Its omissions (i. 3; ii. 63; iii. 26); its supplementary matter (v. 149).
Liber Ruber Scaccarii (see i. 6; ix. 317):- The Red Book.
Librate of land:- Land calculated to yield 20s. yearly (ii. 294; iii. 106).
Licences, Episcopal:- Licenses of non-residence were given to Incumbents chiefly for the sake of enabling them to complete their education at some seat of learning (iii. 30, 120; iv. 106; vi. 48; vii. 382). See such a Licentia studendi quoted in full (x. 283n).
Non-residence was also allowed to Incumbents who happened to be attached to the suite of any great personage (ut possit stare in obsequiis, etc.) (see 9; vi. 157; vii. 317; viii. 125; ix. 128, 142, 370).
Non-residence was also allowed to a Clerk wishing to go to Rome (vii. 317), and to one guilty of scandalous immorality (v. 144), and to one suffering from ill health (ii. 251).
Licenses Royal:- The ordinary subjects of Royal Licenses will be found under the word Finis (see supra, 175, 176, 177).
Other licenses of ordinary occurrence were as follows:
To make a park (iii. 201; vi. 128).
To crenellate a mansion (v. 37; vi. 132).
To hunt (ii. 243bis; 328).
To give a lease of lands held in capite (ii. 118; iv. 66n, 68).
To assess an aid on a man's Tenants (iii. 239).
To a Baron, to levy his own scutage (iv. 64).
To build a Mill in the Forest Liberties (viii. 42).
Of exemption from serving on Juries, etc. (viii. 78, 83).
Ligones:- Spades (x. 357).
Livery of Seizin (Deliberatio Seisinae):- The delivery of possession of lands, etc., to one that has a right thereto.
John Fitz Alan (II), on coming of age bought Livery of his Baronies for £1000 (vii. 253). Sometimes Livery was allowed to Minors, by special favour (vii. 238, 260).
Lle (British):- See Leag.
Locatio terrae (Domesday):- Leased land, see xi. 322.
Lode, Load, or Lude:- A word of doubtful origin, but probably meaning "a ford" (ii. 221n; iii. 138n; v. 238; ix. 358).
Logae:- Huts (vi. 340).
Loquela:- A lawsuit, or (more strictly) the pleadings in a lawsuit (vii. 16; viii. 108).
Loquela conrelata:- A parallel suit (x. 48).
Low, Lowe, Lau, Lawes:- These syllables, in composition, indicate a tumulus, or a burial-ground, or both (see v. 292).
Lyth:- A word entering into the composition of local names; perhaps the same with the Saxon Laeth, a lathe or district (vi. 108).
M
Maed (Saxon):- A meadow (iii. 319).
Maes or Maesdir (British):- Open field or champagne country, see x. 317.
Magnates:- Persons of rank (ix. 188). Stipulation in a Deed that the Grantee should not give subfeoffment to such persons (ix. 285n).
Malecreditur de morte:- Suspected of the death (see xi. 179).
Manerium:- A Manor; the term is often used for the parts of a Manor (iv. 98).
The Manors of Domesday can very generally be identified now, even some which in ths 13th century had been obliterated by the Forest (vi. 158, 244, 297-8). Instance of one so obliterated, which cannot be traced now (vii. 351).
Instances where the name and situation of Domesday Manors have been wholly lost (x. 198; xi. 43, 164, 311, 366). Probable destination and present condition of such estates (xi. 313).
Royal Manors, how farmed (iii. 64, 65). Stock thereof how maintained (iii. 67).
Extra-hundredal Manors:- Manors outwith constraints of the Hundred (iii. 73), see Franchises.
Mansura:- A burgage (see vi. 231, 233, 329; vii. 294).
Manucaptor:- A person who undertakes for the due appearance of another; in Parliament or in any Court of Law (viii. 33; x. 61). Ipsum in manu capiet habendi recto, is a very usual formula, signifying that A will undertake to produce B for trial (vii. 16).
Manumola:- Usually a glove; but see i. 283n.
Manupasti:- Dependants (vi. 342).
Mara:- A mere (x. 216).
Marches:- An imprecisely defined area along and around the border between England and Wales.
Privileges and immunities claimed by the Lords of the Marches (i. 235; iii. 240n; vii. 257; x. 329; xi. 247).
Customs of the Marches (vii. 80, 132).
The Bishop of Hereford, necessarily a Lord Marcher (xi. 195).
The Wardenry of the Marches (i. 245).
The System of Castles built for guarding the Marches (iv. 52; vii. 7; x. 95).
Markets and Fairs:- The right to hold them usually rested on express Charter (i. 227) and seldom or never on prescription. Doubt whether any such Charters were granted as early as Henry II.'s reign (ii. 303).
Market prices, in the 12th, 13th, and 14th centuries, quoted (see i. 263; iii. 68; iv. 8; x. 381; xi. 32):
An ox, 6s. 8d. in 1209.
A heifer, 4s. in 1274.
A sheep, 1s. in 1209.
A hog, 1s. 8d. in 1174.
A goose, 3d. in 1321.
A quarter of corn, about 1s. 6d. in 1170, about 2s. in 1174, 2s. 6d. in 1338.
A quarter of siegle, 1s. in 1170, 2s. in 1338.
A quarter of oat-malt, 1s. 3d. in 1338.
Marl (or marlstone):- A calcium carbonate or lime-rich mud or mudstone which contains variable amounts of clays and silt used in husbandry (ii. 20, 21; xi. 261).
Masura terrae (Domesday):- A quantity of ground containing 4 ox-gangs (see vi. 171n).
Matertera:- Maternal aunt (vii. 157); stepmother (viii. 180).
Melin (British):- A Mill (iv. 1).
Mensa:- A table; but (viii. 156; xi. 41), sustenance, private means of livelihood.
Mensis vetitus:- The fence month (vi. 341), which, in respect of Forests, was the fortnight before and the fortnight after Midsummer; and in respect of the Fisheries at Ellesmere was the month of May (see x. 245).
Meremium, Memermiam:- Timber for building, woodwork (x. 103; xi. 140).
Merkate (of land):- as much land as would produce 13s. 4d. per annum (v. 91; vi. 274).
Merk of gold:- Equal to 5 merks of silver, or £3. 6s. 8d. (see ii. 178).
Merscha:- Marsh-land (xi. 182).
Merse (Saxon):- A marsh (iii. 36).
Mesne Tenure:- A mesne lord was a lord in the feudal system who had vassals who held land from him, but who was himself the vassal of a higher lord. A mesne lord did not hold land directly of the king, that is to say he was not a tenant-in-capite. His subinfeudated estate was called a "mesne estate". He was thus an intermediate or "middle" tenant, which status is reflected in the mediaeval French word mesne, in modern French moyen. Mesne tenures were created partly by subinfeudation (ix. 267n); partly by insertion of the middle-man (ii. 63; vi. 34, 35, 192; viii. 82; ix. 73, 311-312; x. 111; xii. 12).
They became extinguished: by changes of law and custom (ix. 75, 346); by quitclaim of the middle-man to the Lord paramount (iii. 307); by buying out the middle-man (ii. 74-75); by the Seigneury becoming obsolete (x. 15).
Instances of a Mesne-tenure being transferred (ix. 78; i. 227); of the Middleman's obligation to discharge capital services (iii. 254-6); of the Feoffee paying a rent to both Mesne and Seigneural Lord (vi. 100).
Milise (Saxon):- Sweet (iv. 1).
Milites (of Domesday):- Norman soldiers, rather than knights, but enjoying freeholds of variable extent and value (viii. 114; xi. 1).
Milites gladio cincti:- Belted knights (xi. 199-200). The distinction of gladio cincti is perhaps merely to distinguish actual knights from persons of knightly degree.
Millyn (British):- a violet (iv. 1).
Ministerium:- Office (vi. 192).
Minuta Feoda:- See Morton Fees (see vii. 160n).
Misericordia:- See Amercement for the usual meaning of the word (see i. 82n). (iv. 58n) Misericordia means "a discretionary power to assess"; (ix. 240), it means "the money produced by an amercement".
Modius (Domesday):- A bushel (iv. 291; v. 226).
Molendinum:- A mill. Usually spelt Molinum in Domesday, as Molinum serviens Aulae (xi. 196).
Molinum hiemale non aetivum is a Mill which could not work in summer (xi. 141).
Molendinum ferrarium (viii. 370), a mill for forging iron.
Mills were a kind of property much prized by Monasteries (vi. 54; viii. 234). The Suit due to Mills constituted their value (i. 303; ii 280; v. 154, 297; vii. 266; x. 102).
Windmills (molendina ventritica) are frequently mentioned (vii. 267; x. 91, 122; xi. 139).
Moleschus:- For moleschi we may perhaps read molossi (see ix. 131n).
Monasteries of Shropshire:-
Alberbury Priory (Grandimontensian), vii. 91.
Brewood Nunnery (Cistercian), ii. 187.
Buildwas Abbey (Cistercian), vi 319.
Chirbury Priory (Augustine), xi. 58.
Haughmond Abbey (Augustine), vii. 283.
Lilleshall Abbey (Augustine), viii. 212.
Morville Cell (Benedictine), i. 36- 43.
Preen Cell (Cluniac), vi. 221-2.
Ratlinghope Priory (Augustine), vi. 159, 162.
Shrewsbury Abbey (Benedictine), i. 26-70 passim; viii. 280; ix. 29; xi 369.
Wenlock Priory (Cluniac), iii. 224.
Wombridge Priory (Augustine), vii. 363-373.
Money:- Blanch money (dealbata pecunia) and common money distinguished; the latter being reckoned by tale (numero) (ii. 272n; iii. 64).
Mor (Saxon):- Waste-land, whether mountain, or fen (ix. 5).
Moreton (or Mortain), Fees of:- Named after a county of France, the comte of of which held lands in England owing less fuedal service than other English lands. Their comparative liability to scutage, etc. (ii. 293; iii 167n; vii. 160n, 164; x. 186).
Mort d'ancestre or Mors Antecessoris:- The name of a particular placitum, or form of action following the death of a land-holder (see i. 124, 181, 1913-7, 307, 355n, 358n; ii. 17, 128; iii. 96, 191n, 255; iv. 19n; vi. 351; viii. 139; ix. 363-4).
In cases where the disputed lands were claimed by Coparceners, all the Co-parceners, or their representatives, must be parties to the Plaintiff's suit (iv. 223). The descent, from the alleged ancestor to the Plaintiff must be accurately set forth (iv. 100). Proof must be given that the Plaintiff's ancestor died seized in demesne as of fee, of the premises (ix. 279); and that he died within a certain period of time (viii. 73).
The Writ of Mort d'ancestre was not current in certain Franchises (vi. 362).
Mortmain, The Statute of:- The Statutes of Mortmain were two enactments, in 1279 and 1290, by King Edward I aimed at preserving the kingdom's revenues by preventing land from passing into the possession of the Church. Possession of property by a corporation such as the church was known as mortmain. Mortmain literally means "the dead hand." In Medieval England, feudal estates generated taxes (in the form of incidents) upon the inheritance or granting of the estate. If an estate was owned by a religious corporation that never died, attained majority, or became attainted for treason, these taxes were never paid. (ii. 86n; iii. 20; iv. 155; vi. 326; ix. 305; x. 165-6). Its relaxation (ii. 322; x. 165-6). Precautions taken by Conveyancers previous to the enactment of the statute (ii. 327n, 328). The Statute imposed obstacles even to the surrender of a Monastic tenancy to the Suzerain (iii. 176-7). Vide under Statutes, Quia emptores.
Mortuaries:- See Legatum (viii. 228).
Mota:- A fortalice (xi. 91n, 134).
Motfee:- A tax due on land (see i. 92n). The due was also called Hundred-fee (iv. 358, 364); and Auxilium praepositi (ix. 85).
It was nominally a due to the Crown (iv. 23), but in practice was part of the Sheriff's emoluments. Hence in Old Charters, when an exemption from the Auxilium Vicecomitum is vouchsafed (viii. 220), we are to understand an acquitance of Motfee.
Some Manors seem to have been prescriptively exempt from this tax (x. 66, 187).
Movent Clause (of a Deed):- The clause which expresses the Grantor's inducements (ii. 280; vii. 163).
Muia:- A cage (ii. 281, 320).
Multo:- A wether sheep (x. 376).
Multura:- A right of grinding at a Mill (ii. 280).
Municeps:- A Castellan (vii. 233).
Muntator, Muntor, Montar, Muntorius, Muntarius, or Munitor:- A man-at-arms, serving in garrison. (Compare i. 85n, 107, 193; vii. 344, 356; viii. 43, 92; ix. 209; x. 66, 180, 206).
The services of a Muntator or Serviens for 40 days, were amounted equal to the service of a Knight for 20 days. Sometimes the Muntator is called merely Serviens (vii. 343); but the distinction was that the Muntator was a Serviens in garrison.
Murage:- Toll for the building or repair of town walls (see i. 300-307; iii. 243; v. 283; ix. 134; x. 240, 332).
Mut:- A custom in Oswestry Liberty (see x. 331).
Mutare:- To mew (a hawk).
Mylen (Saxon):- A Mill (iv. 1).
N
Nan:- A primeval word for a stream (iv. 230n).
Nativus:- A tenant in Villeinage (see iii. 80; iv. 15; x. 146; xi. 134).
Neowene (Saxon):- New (iii. 56).
Nepos:- Usually a nephew or grandson, but sometimes a more distant relation (see vi. 143, 144n; vii. 41).
Neptis:- Usually a niece; a granddaughter (i. 272); perhaps in some instances an illegitimate daughter (xi. 120).
Nisus:- A young falcon or hawk, trained to the cage (iv. 97; viii. 76).
Noka, Nocata:- A noke or quarter virgate of land (iv. 33, 77; viii. 158).
Non potuit:- Restrictions on land, meaning of such expressions in Domesday (vi. 48n, 298).
Non potuit recedere:- unable to sell without leave. Non potuit ab eo divertere; cannot be diverted;
Novel disseizin:- A Placitum or Suit-at-Law of very common occurrence (see i. 226, 358n; iv. 130, 330).
Disseizin is the act of unlawful dispossession of someone's lands (seizin).
It was a good defence to show that the Plaintiff had never been seized of the premises in dispute (iii. 54). The Defendant must be shown to have been seized on the day when the Writ, ordering the Trial, issued (iii. 159-160, 257). Actions for stopping roads came under this form (ii. 181, 231n).
The Writ ordering trial of a suit of novel disseizin was not current in some Franchises; it seems to have been only partially current in the Franchise of Wenlock (iii. 258-9).
Novalia:- Fallow see vii. 265, 292, 365, 368; viii. 193; x. 371.
Nova Oblata:- Oblata were debts entered into the Fine Rolls and added together for preceding years; Nova Oblata were current debts added to an existing total, see iv. 347n.
Natricius:- Tutor (vii. 299).
O
Obventiones:- Offerings (xi. 148); usually those of the Altar, see Altaragium.
Oorae:- Hose or leggings (x. 72).
Old Feoffment:- To hold lands etc. which were enfeoffed or possessed by the ancestors of the person alluded to in the record before the death of Henry I. Henry II required all his tenants-in-capite to certify to him in a "carta" the number of knight's-fees held from them which had been created by an enfeoffment made (i) before the death of Henry I, i.e. before 1135 and (ii) after that date. For some time thereafter the two categories were referred to in records as fees of the old enfeoffment and the new enfeoffment. The difference had significance in determining how many knights the tenant-in-capite owed to the king, and how much scutage he should pay (see iii. 124; iv. 55n).
Oleum:- The oil used in religious rites (xi. 250).
Olla:- A jar (iii. 334).
Ollere:- Pot-herbs (x. 207).
Opera and Operaciones:- Operaciones were the works performed by inferior tenants in lieu of rent (see i. 122n; iii. 282; iv. 364; vii. 275; ix. 171; xi. 110).
Releases thereof (vi. 323; x. 331, 357).
Ora (Domesday):- The ora, or nummulary ounce, was the twelfth part of a pound (see i. 103n; vii. 180).
Oratory:- A small chapel, especially for private worship. One mentioned (x. 375).
Ordeal:- Of water (iii. 87; vi. 362); of iron (ix. 159).
Ordination:- The term used for allotting the endowment of a Vicarage when a Rectory was appropriated (ii. 139).
Ostorius:- A Goshawk, (ii. 320), see Astrucus.
Over:- Dugdale remarks that all towns compounded of Over "do stand upon hilly ground, Over importing as much as supra". Meaning of the word in composition (ii. 61, 62).
Oyer and Terminer:- A commission authorizing a judge to hear and determine a criminal case at the assizes (vi. 235; x. 90). Literally, a partial translation of the Anglo-French "oyer et terminer" which literally means "to hear and to determine".
P
Palatine:- A county palatine or palatinate was an area ruled by a hereditary nobleman possessing special authority and autonomy from the rest of a kingdom. Hence, Palatine Earldoms (see i. 22n, 70n, 242n, 245; vi. 6) and Palatine Jurisdictions (see i. 235n; x. 316, 324, 339, 343n, 344; xi. 7), see Franchises.
Pannae:- Clothes (ix. 164); outfit on a Lady's marriage (vii. 239n).
Pannagium or Pasnagium:- Pannagium means the right of feeding swine free of charge (vii. 321); or the money derived from such charge (xi. 371) (see 106n; ii. 119; iii. 297; 325; viii 154; ix. 79n).
Autumn and Winter pannage (see vi. 209n, 247).
Quittance of pannage (see viii. 9).
Retro-pannage (see ix. 48).
Scale of charges for pannage (see ix. 47).
Parens:- A kinsman, a friend (ii. 270; vii. 278, 382; ix. 289; x. 47).
Parliamentum:- The word usually signifies the Great Council of the Nation (i. 125, 317, 318, 320); but any conference might be called Parliamentum (viii. 78).
Parks:- At Acton Burnell (vi. 131), Chetwynd (viii. 86), Shawbury (viii. 143), Leigton (ix. 18).
Parvises:- A parvis or parvise is the open space in front of and around a cathedral or church (see 337; vi. 89).
Passagium:- A fee, custom, or toll, levied on persons passing any spot, with or without carriages, etc. (iii. 251; v. 301; viii. 217, 242; ix. 134, 171n, 174; x. 126; xi. 134; xii. 27). Sometimes the word merely means "transit" (see vi. 245).
Pastor:- A Chaplain (iii. 170, 172).
Pastura separalis:- A pasture fenced off, and subject to no rights of common (iv. 69).
Pasturage:- Value of, per head of cattle etc., in 1250 (iii. 111).
Patella:- A plate (iii. 334).
Patronus:- A Godfather (vii. 311n, 325).
Patronymic:- A patronym, or patronymic, is a component of a personal name based on the given name of one's father, grandfather (i.e., an avonymic), or an even-earlier male ancestor (ii. 305n; vi. 67; vii. 227n, 271-2).
The personal nomenclature of the Welsh is almost entirelp patronymic (see ii. 305n).
Patronymics are much used in the Courts of Law (i. 368n).
Patruus:- Paternal Uncle (vii. 12; ix. 64).
Pay of a common soldier:- Was 1d. per day (ii. 110n).
Pechia:- De pecia ecclesias: "a humble phrase", says Mr. Blakeway, "used by the Monks to denote their little property" (see iv. 128n).
Pectoralis:- Some measure of land (vi. 101).
Pectus:- See Baciae.
Peculiar:- Parish or church exempt from the jurisdiction of the diocese in which it lies (i. 118n). See Donatives.
Pede cultus:- Tilled with the spade (ii. 140).
Pelfa:- Stolen goods (viii. 229).
Penitentiary:- An officer appointed to hear confessions of the graver class (ix. 29).
Pensio:- Payment, rent (xi. 208).
Pensionarius:- not a Pensioner, but one liable to pay a pension (iv. 135n; vii. 325).
Pentiscia:- Penthouses (xi. 140).
Per:- About (x. 116; xi. 26n).
Perambulatio:- The usual mode of settling doubtful or disputed questions of boundary by walking the boundary. Instance of one made by 48 knights (iii. 77); of another made by the Sheriff and 12 belted knights (xi. 199-200).
Peregrinacio:- A pilgrimage (vii. 369; viii. 248; ix. 73). See Pilgrimages.
Perna:- A gammon of bacon (x. 218).
Perquisitio:- Purchase (xii. 13).
Personatus:- The Rectorial status; that which was due to an Impropriater (vi. 29).
Pertica:- A perch (see Acra). The Royal Perch was generally used in measuring forest ground (see iii. 27, 293). See Acre.
Perturbatio:- Civil war.
Pessona:- Mast, i.e. acorns, nuts, etc. (iv. 115n; viii. 74, 230).
Petilio:- A bolt (iii. 182).
Petra:- a weight of 12 lbs. (viii. 251n).
Pic (Saxon):- Pitch (vi. 267).
Pilettus:- A shaft (x. 210).
Pillory:- A wooden machine for the temporary confinement and punishment of offenders; the local use thereof being in the nature of a franchise (ix. 246; xi. 98).
Pipe Rolls:- The annual financial records of the Crown consisting of the written record, maintained by the Exchequer, of the audit process of the monarchy’s accounts for one financial year, (i. 2-3, 252, 261n, 281, 286, 292-294, 309, 384n; xi. 160n).
Technical and superficial form of some entries therein (iii. 78, 139, 140).
Retrospective accounts embodied therein (viii. 136n).
The Pipe Rolls occasionally contain entries later than Michaelmas of the current year, the period at which they are supposed to have been made up (ix. 42; xi. 160n).
Inaccurate accounts sometimes found therein (iv. 309).
Plan for their improvement in 1270 (iv. 222).
The lost Roll of 1155 (iii. 67).
Pistor or Pestur:- A baker.
Placita:- Trials, suits, causes and processes of Law.
The following headings indicate the technical name by which all the ordinary Pleas and Processes were known and the references show the nature and peculiarities of each Plea).
Assisa magna Regis, the form under which a Placitum de recto was usually tried; the Jury consisting of from 12 to 16 knights. (See Assisa magna).
Placitum ad convincendos duodecim Juratores (iii. 53; iv. 189-190, 270, 296) or de attingendis duodecim Juratoribus (vii. 81, 124, 307; x. 11).
Placitum audiendi electionem, or de audienda electione (v. 60; vii. 131), where the Plantiff's object was to compel the Defendant to attend and witness the choosing of the Jury which was to try a certain issue by Grand Assize.
Placitum audiendi judicium, or de audiendo judicio (vii. 57; viii. 108, 140); where the Plaintiff sought to compel the Defendant to attend and hear judgment in a previous suit.
Placitum averiorum (viii. 108), probably relating to the impounding of stray cattle.
Placitum bosci (viii. 11), governing the use of wood.
Placitum certificationis (see vii. 82; viii. 28, 106-7).
Placitum Chemini, or Cheminii (vii. 47; ix. 121), governing the building and repair of roads.
Placitum conventionis (ii. 311); the fictitious suit which usually formed the basis of the Final Concord.
Placitum coram Rege (i. 153-4). The title derives from the fiction that proceedings in the King's court were held before the king in person (coram rege), although that was rarely true. In a matter of appeal (i. 335-6); in matters affecting the King's Peace or Prerogatives.
Placitum Coronae, Crown cases or criminal actions (iii. 74; ix. 156, 190; xi. 137, 179).
Placitum de aetate facienda (vi. 352).
Placitum de catallis (iii. 132; v. 105).
Placitum de dote (i. 225, 311, 367; ii. 291; iii. 159; iv. 106, 354; viii. 31, 32).
Placitum de estoveriis (v. 113).
Placitum de ingressu (ii. 231n; iii. 191, 275; iv. 19n, 86n; vi. 153-4).
Placitum de maritagio injuste alienato (ix. 322).
Placitum de morte antecessoris, see Mort d'ancestre.
Pleas of bastardy naturally fell under this head (iii. 199).
Placitum de morte occisi (i. 51, 201, 212-213, 235-237, 377-379). See Curia Comitatus, and Murders.
Placitum namio vetito (iv. 67n, 223; xi. 198, 200).
Placitum de nativitate (iv. 151; ix. 170, 330).
Placitum de nova disseizina, see Novel disseizin.
Placitum de Quare impedit (viii. 13; ix. 341).
Placitum de Quare incumbravit (v. 295).
Placitam de Quo Waranto (i. 96; 207; iv. 224; ix. 132; xii. 26).
Placitum de raptu (ii. 23-24, iii. 76-77).
Placitum de recto (i. 307n; iii. 143, 150; v. 80; ix. 363n).
Placitum de saepe levato (ii. 217; x. 160).
Placitum de saepe prostrato (iii. 312; iv. 267).
Placitum de sanguine fuso (vii. 128).
Placitum de stagno levato (i. 240; ii. 91; iii. 201; iv. 16, 164).
Placitum de stagno prostrate (iii. 312; iv. 267).
Placitum de transgressione (i. 334-5; vii. 25, 391; viii. 143).
Placitum de untima presentacione (i. 146, 176; ii. 22, 59, 249).
Placitum de warantia or de warantia cartae (i. 373, 376; ii. 311; iii. 200; v. 86, 277-8).
Placitum de Wasto (iv. 97, 122; ix. 174).
Placitum debiti (v. 18).
Placitum ejectionis (i. 335; iii. 172).
Placitum finis facti, or Cyrographi, or quod teneat finem (iii. 119; iv. 14, 15, 20, 189; v. 179, 188; vi. 150: viii. 115).
Placitum injuriae illatae (iv. 62, 76).
Placitum intrusionis (iv. 263).
Placitum pasturae (v. 213; vi. 85).
Placitum per finem duelli (i. 236-7; ii. 68; iii. 87, 88; iv. 375n; vi. 353; viii. 135-6, 140; ix. 161-2; x. 152).
Placitum per juratam patriae (i. 345).
Placitum pro averiis injuste detentis (vii. 187).
Placitum pro habendo recto (in case of a debt) (vii. 15).
Placitum pro receptacione utlagati (i. 51, 379-80; ix. 151).
Placitum quod A (the Mesne-Lord) acquietet B (the Tenant) versus capitalem Dominum (vii. 14).
Placitum quod A permittat B presentare ideoneam personam (ix. 303).
Placitum quod reddat compotum (against an agent) (xi. 361).
Placitum quod teneat convencionem (v. 96, 197; ix. 261, 279-280).
Placitum servitii (iii. 82-3, 255-6, 316, 341; iv. 108; v. 60; vi. 228, 241; vii. 122; viii. 115; ix. 352, 363n).
Placitum terrae (iii. 133; vi. 353; vii. 131; x. 147), was tried in certain Franchises under a King's Writ, but sometimes without such authority (iv. 222).
Placitum utrum terra de A pertinet ecclesiae de B aut sit laicum feodem (iv. 154).
Plevina:- Security for the reappearance of a person, or the reproduction of a thing; the bailing a person (iii. 301; iv. 326; v. 165; vi. 86). The meaning given (iv. 124n) is secondary. See Replevin.
Plumba:- A measure used in salt-works (ix. 374).
Plumbus:- The leaden seal used by the Popes (vii. 283).
Poer or Puer:- Child (iv. 291) or power (iii. 197n).
Polwerks:- Some due paid by an incoming Tenant (iii. 334).
Pons tornalis:- A drawbridge (i. 255).
Pontage:- toll levied for the building or repair of bridges (iii. 251; v. 301; viii. 242; ix. 339; xi. 134). Similar in nature to murage (a toll for the building of town walls) and pavage (a toll for paving streets and market places, or, more rarely, roads between towns).
Porcaria:- A swine-stall (ii. 221).
Portmamnot:- See Portmote.
Portmote:- A local court having jurisdiction in matters of trade (iii. 237n; xi. 232). Usually such courts were established in Seaport towns.
Posse Comitatus:- The body of men above the age of fifteen in a county (excluding peers, the clergy, or the infirm), whom the sheriff could summon to repress a riot or for other purposes (ix. 190).
Potuit ire quo voluit (Domesday):- Literally, "he could go where he wanted", i.e. a tenant without restrictions and free to leave or stay (see vi. 48n, 92; viii. 83).
Potura Satellitum:- A due, levied in certain Chatellanies, the object of which was to provide beer for the local police (ix. 171n; x. 245).
Pourparty:- The allotted share of each Parcener in a previously joint inheritance (see vi. 168).
Power:- the surname, see Poer.
Praedicationes:- Sermons (vii 369).
Praefectus:- (x. 290) see Praepositus.
Pro manibus:- Literally "his hands" (see iii: 338n).
Praepositus (Domesday):- Governor or Provost (see v. 280; vi. 318; xi. 252, 321, 326).
Where the Provost of a Manor is mentioned in later Records, we must understand the Bailiff of the Manorial Court (vi. 356).
Praesidatus:- Shrievalty (vii. 204).
Praestita:- Loans (ii. 15n; iv. 209; vi. 112; vii. 17; ix. 167). Where a Manor is said to be given de praestito, a trust only is implied (see x. 258).
Prisae:- Seizures of goods by Sheriffs and others (i. 308; iv. 122); rates of duty on articles of consumption, due to local Officers (v. 270).
Probator:- An approver (see i. 289).
Procurations:- Entertainment supplied by Monasteries and Incumbents to Bishops and others, in course of their local visitations. See Synodals (iii. 268n; ix. 109; xi. 363).
Non-payment thereof subjected the recusant to excommunication and arrest (v. 144).
Instance of exemption therefrom (v. 211, 216).
Proficuum combii:- The profit realized by a local Mint or Exchange (x. 358).
Proficuum Comitatus:- A financial contingency fund kept by a Sheriff (see iii. 64n, 71; vii. 185; x. 239).
Protection, Letters of:- These letters were provided to persons engaged in foreign service (iii. 164, 240; v. 268; viii. 109n); or in the wars of Wales (iv. 316; vii. 27; or going to Ireland (vi. 333); or granted to a champion engaged to a wager of battle (vi. 354).
Purprestura:- An encroachment (vii. 279). Pourpresture is most usually the term applied to an encroachment on the King's rights, whether in forests, lands, burgages, rivers, or roads (see i. 62n, 233, 301, 311, 312, 352, 359; ii. 315; iii. 215; iv. 177; vi. 91n, 289).
An encroachment in the Severn is termed a pourpresture (vii. 306).
Lewellyn's conquests on the Border are called pourprestures (xi. 97).
Purprisum:- an enclosure (see iii. 294n).
Q
Quarentina (Domesday):- A furlong, or 40 perches (iii. 209n; iv. 142n).
Quarterium frumenti:- A quarter of corn, viz. 8 stricken bushels (xii. 10).
Quis habeat majus jus:- Literally "who has the greater right", the usual issue contemplated by a Writ de recto, and a trial of Grand Assize (x. 8). Sometimes such an issue was tried by a common Jury (Jurata patriae) (see x. 35n).
Quissa:- A haunch (vii. 16).
Quitclaim:- A legal instrument used to transfer interest in real property. The entity transferring its interest is called the grantor, and when the quitclaim deed is properly completed and executed, it transfers any interest the grantor has in the property to a recipient, called the grantee, (see iii. 171; ix. 25, 82-3).
R
Radmans and Rachenistres (Domesday):- Literally, "riding man", a servant who attended his lord, and often rode escort (i. 222n).
Instance where one held over the Bordarii (vii. 5).
Rea:- A common name for rivers. Its etymological affinities (vii. 116, 271).
Receiver:- Or Receptor, of the Sheriff (i. 287n; ix. 247).
Recognicio:- Usually an Inquest, sometimes an acknowledgment, e.g. "De recognicione" (ix. 198), by way of acknowledgment.
Recognizor:- A Juror on any Inquest (see vi. 361, 369; ix. 117n).
Reddere compotum:- To render account (viii. 76).
Redisseizin:- A disseisin by one previously adjudged to have disseized the same person of the same estate (see ii. 155, 323). Statutes of Rediseizin (iii. 207).
Redundare:- To back-pound (viii. 249, 285).
Refullacio and Refluxus:- Back-poundage (ix. 59; x. 379).
Regard and Regarders:- An ancient officer of the forest, whose duty it was to take a view of the forest hunts, and to inquire concerning trespasses, offenses, etc. (see i. 62n, 383; ii 6, 315; iii. 102n, 296; ix. 144).
A Regarder might also be a Verderer (iii. 292).
Exemption from serving the office of Regarder (vi. 330).
Relevare terrum:- To take up again, or repossess, a suspended or dormant right to lands of inheritance (xi. 372); whence-
Relevium:- The Fine paid to the Seigneural Lord when a Tenant was thus re-invested with his ancestor's estates. (see iii. 131, 135; iv. 199; viii. 110, 134; ix. 168; xi. 154).
Rents:- The following references are instances constituting the rent or service due on particular feoffments, viz.
Arrows (viii. 44; x. 251).
A Bundle of Box (v. 206).
A Chaplet of Roses (i. 237, 256; v. 163; ix. 74).
Cloves (ii. 30n, 104).
Cumin (ii 248; iii. 203).
Dishes and Cups (vi. 21).
Dogs of particular kind (ix. 131, 174).
Fowls (ii. 115; iii. 325).
Frankincense (v. 218).
Geese (iv. 8).
Gold Bullion (viii. 115).
Hay in trusses (ix. 122).
Horse-shoes (ix. 138; xi. 232).
Pepper (ii. 18; iii. 343).
Roses, red and white (ii. 99).
Salmon (vi. 178).
A Sore-Falcon (vi.167).
Sparrow-hawks (vii. 356; ix. 116-117).
Spurs (ii. 281).
Wax (v. 274).
White Gloves (ii 17, 70).
Woodcocks (iv. 275).
Replevin:- See vi. 92, 352; vii. 379; ix. 35. See Plevina.
Rescue:- of distrained goods (see vi. 19).
Respectus:- Respite, adjournment.
Rettari:- To be accused (ix. 310).
Rhe:- Primeval name for a stream (iv. 230n).
Riffletum:- An osier-bed (see i. 203n), see Willow and Pollarding.
Riparia:- A river, distinct from ripa, a river-bank (vi. 344).
Rolls:- Records kept in mediaeval England, written on sheets of parchment stitched together into long rolls to form a roll for each year
Assise-Rolls:- Records of legal cases brought to the assize court (i. 4-5, 175n, 189, 297).
Charter-Rolls:- Administrative record created by the medieval office of the chancery that recorded all the charters issued by that office (i. 4, 290).
Close-Rolls:- Administrative record created in medieval England by the royal chancery, in order to preserve a central record of all letters close issued by the chancery in the name of the Crown (i. 4, 329).
Escheat-Rolls:- Medieval record of the death, estate and heir of one of the king's tenants-in-capite, made for royal fiscal purposes (i. 5). See Inquisitiones post mortem.
Fine-Rolls:- Financial records maintained by the Chancery, originating in the reign of Henry III (1216–72), a fine represented a willingness to pay the crown a sum of money in exchange for a particular concession (i. 4).
Forest-Rolls (i. 6).
Hundred-Rolls:- A census of England and parts of what is now Wales taken in the late thirteenth century and often considered an attempt to produce a second Domesday Book, they are named for the hundreds by which most returns were recorded. The Rolls include a survey of royal privileges taken in 1255, and the better known surveys of liberties and land ownership, taken in 1274–5 and 1279–80, respectively. The two main enquiries were commissioned by Edward I of England to record the adult population for judicial and taxation purposes. They also specify the services due from tenants to lords under the feudal system of the time (i. 6, 205n). Errors of (iv. 77n).
Liberate-Rolls:- Enrolments of writs of liberate sent out by Chancery, which ordered the treasurer and barons of the Exchequer to pay money out of the royal treasure for pensions, salaries, stipends, expenditure of the royal household and other expenses of the state (i. 8, 276n).
Marshal's-Rolls (iii. 153).
Misae-Rolls:- Accounts of the royal household (i. 8).
Nomina Villarum:- A survey carried out in 1316 and contains a list of all cities, boroughs and townships in England and the Lords of them. The document was compiled for Edward II. The survey was a feudal aid, a payment which by tradition the king could demand from his tenants to finance the knighting of his eldest son or the marriage of his eldest daughter and was in effect, a taxation on land (i. 7, 77n).
Oblata-Rolls:- Payments made to the Crown in exchange for favours; they are usually at the end of each county account, and are the most recent entries on the roll, often being added after the financial year had ended. The details were taken from the originalia rolls, created in Chancery using information first recorded in the fine rolls and passed to the Exchequer (i. 4).
Originalia-Rolls:- A form of 'estreat' or extract of fines from another account, are linked to the fine rolls, the pipe rolls, and the memoranda rolls, and concern the Exchequer procedure for the collection of fines which had fallen due in the Chancery (i. 7).
Patent-Rolls:- A register of the letters patent issued by the Crown, and sealed 'open' with the Great Seal pendent, expressing the sovereign's will on a wide range of matters of public interest, including, but not restricted to, grants of official positions, lands, commissions, privileges and pardons, issued both to individuals and to corporations (i. 3, 4).
Pedes Finium:- Archival copy of the agreement between two parties in an English lawsuit over land, most commonly the fictitious suit known as a fine of lands or final concord, v. Finalis Concordia.
Pipe Rolls, See Pipe-Rolls.
Placita-Rolls:- Register of pleas to court (i. 4-5, 47n; ii. 223n, 234-5; viii. 107, 142n).
Praestita-Rolls:- Record of payments to royal officers and servants (i. 8; iv. 63).
Quo-Waranto Rolls:- Register of pleas of quo warranto. These were lawsuits brought against local lords who were suspected of holding land, property and rights previously belonging to the crown with a view to claiming them back for the King (i. 6).
Rotuli de Dominabus:- Abstracts of the Inquisitions taken in the year 1185 (31 Henry II.) for the purpose of ascertaining the wardships, reliefs, and other profits due to the King from widows and orphans of his tenants in capite (i. 8).
Tenure-Roll of Bradford and Pimhill Hundreds:- List of land held according to the custom of the manor, and the mode of landholding taking its name from the fact that the "title deed" received by the tenant was a copy of the relevant entry in the manorial court roll (i. 7n; x. 50n).
Roman words:- These occasionally enter into the composition of local names, e.g. pulvis (vi. 189); pons (vi. 189); pix (vi. 267); strata (vii. 100).
Rota:- A Chandelier (i. 53n).
Rubi:- Brambles, thorns (vii. 333).
Ruilion:- A word unknown to the Glossaries (x. 357); perhaps signifles the windlass or other machinery for raising water from a well.
S
Sablicium:- Sand (ix. 48).
Sac (Domesday):- A prlvilege or franchise, viz. the power of determining in a local Court, the disputes of a person's own tenants (iii. 160; viii. 220; xi. 35, 134).
Sacrimarius:- Perhaps another word for Sacerdos (vii. 10).
Sacristan:- A person in charge of a sacristy and its contents, or, more recently, a Sexton (vii. 60, 63; viii. 149; ix. 49n, 107).
Saesneg (Welsh):- Saxon, (xi. 49).
Sale:- An Anglo-Norman proper name; Latinized De Aula (vii. 137).
Saltorium:- A decoy (ii. 186).
Sanctuarium:- Glebe-land (owned by the church) (ix. 212).
Saponarius:- A soap-boiler (v. 300).
Scalaria:- Steps (ix. 190n).
Schrysicorn or Scrtfetoy:- Tithe of corn offered by Parishioners of the vills of Weston, Muchale, and Hopton, in their confessions (see iii. 266n, 267).
Score:- A word of doubtful meaning, but used in delineating the boundary of a Forest (vi. 187, 344).
Scott and Lott:- Scott is from the Saxon Sceat, a part or portion, and Lot (Saxon) signifies tribute. Hence persons were said to be in scotto et lotto who bore their part in local contributions and charges (v. 301; vi. 323).
Scutage:- Money paid by a vassal to his lord in lieu of military service (i. 160, 295n, 305n, 384n).
Compositions in lieu of (ii. 114n), and Exemption from scutage (viii. 141).
Extracts from the Scutage-lists as embodied in the Pipe-Rolls (ii. 151-153); vii. 152-3, 161, 167, 262-3; viii. 105, 110, 111, 134-137, 197; ix. 166; x. 258-9; xi. 229).
The Scutages of Henry III.'s time do not always give the name of the assessed person correctly (ii. 152n, 154n; iv. 66n; v. 92; vii. 155).
Secta:- Evidence (vi. 353).
Segle:- Rye (v. 32; viii. 62; x. 381).
Seilion:- A ridge, butt, or other quantity of land, marked and determined in any paticular fleld by the course of the plough.
Senage:- Another term for Synodals (ii. 251, 334n).
Sepultura:- Right of burial; which was specially appurtenant to the Mother-Church of a district (see 233; vi. 246n; vii. 337; x. 85, 371; xi. 65).
Sequela:- The family and property of a Tenant-in- Villeinage (ii. 290; iii. 80; vii. 276).
Serjeantry:- Tenure by serjeanty was a form of land-holding in return for some specified service, ranking between tenure by knight-service (enfeoffment) and tenure in socage.
Tenures by Serjeantry are not noticed in Domesday (ii. 81), but probably existed at the time (ix. 317).
Serjeantries were incidentally liable to scutage (iv. 51n, 164; vi. 140n).
The alienations of Serjeantries as exposed by the Commission of 1246-7 (ii. 194; v. 91.)
The following estates were held by Serjeantry and the references given show the nature of the service due thereon:
The Moore, near Bridgnorth (i. 126-128).
Faintree (i. 160).
Chetton (i 180).
Little Brug (i. 354).
Sutton Maddock (ii. 109).
Ewdness (ii. 146).
Broughton, near Claverley (iii. 79).
Whittington and Overton (iii. 105-6).
Astley, near Bridgnorth (iii. 152-3).
Quat Jarvis, etc. 177-8).
Long Stanton (iv. 32).
Cotes (iv. 38).
Wrickton and Walkerslow (iv. 164-5).
Bardley (iv. 178).
Harcott (iv. 181).
Little Sutton (v. 90-91).
Lawton (v. 104-107).
Ashele (Norfolk) (v. 137n).
The Hay, near Eardington (vi. 85).
Langley (vi. 140).
Pulley (vi. 208).
Longden (vii. 169).
Rowton (vii. 177).
Leegomery (vii. 343).
Withington (viii. 77).
Perton (Staffordshire) (viii. 122).
Uppington (viii. 156).
Ightfield (viii. 208-9).
Great Bolas, etc. (viii. 267).
Wellington, Part of (ix. 46).
Great Aston, Edgmond (ix. 122).
Little Hales (ix. 126).
Newport, Part of (ix. 137-8).
Great Withiford (ix. 184).
Longslow (ix. 214).
Sandford and Ruthall (ix. 230).
Ellardine, and Rowton (ix. 240-1).
Hodnet (ix. 331).
Whitchurch (x. 22, 24).
Leaton (x. 210).
Great Berwick (x. 217, 222).
Oteley, near Ellesmere (x. 243, 254).
Weston Madoc (xi. 150).
Purslow Hundred (xi. 180).
More and Wittintre (xi. 283-289).
Minton (xii. 4).
Vide etiam Shrawardine.
Servarium or Serverium:- Servers (see i. 62n, 183; xii. 3).
Serviens:- In a military sense, the word is sometimes equivalent to Esquire (iv. 118), sometimes, and usually, indicates a mere man-at-arms or common soldier (vi. 354; vii. 11). Thus a Serviens may be a lancer or archer (vii. 169), or may be mounted (xi. 122, 299). The service of two Servientes was accounted equal to that of one knight, in war and Castle-guard (see vii. 33, 78; xi. 40, 261).
We have also mention of Servientes as Stewards (vii. 312, 367; xi. 234); as Under-Officers of a manorial court (vi. 110); as Officers of the County Court (ix. 144), and of the Hundred (v. 283; vi. 87); as Keepers of the Peace (ix. 134).
The King had also certain agents called servientes (viii. 153). The Military Orders had their servientes (vi. 248n).
Servitus:- Serfdom (viii. 83).
Seuda:- A Market-stall (ix. 187).
Sextarius:- A measure of liquids; probably a Quart, in respect of wine, but much larger in respect of other commodities (i. 301n; ii. 115n).
Sichetum, Sichet, or Sich:- A watercourse, or gutter (iii. 262n, 299; v. 204; vi. 187; xi. 183), a dingle (x. 155n).
Siligo, siegle or segle:- Rye (v. 32; viii. 62; ix. 329; x. 381); not fine wheat (as translated ii. 80; vi. 149).
Silva pastilis (Domesday):- Wood pasture was known as silva pastilis. See also:
Silva minuta:- coppice woodland (see iii. 160).
Soc or Soke:- Uncertain meanings; in some cases it was the right to hold a court, and in others only the right to receive the fines and forfeitures of the men over whom it was granted when they had been condemned in a court of competent jurisdiction.
Hundredal Jurisdiction:- See iii. 160, 240n; iv. 298; viii. 220.
Socage:- A free tenure, where the Tenant's rent or service acquitted him of further obligations, such as Wardship, Relief, or marriage of his heirs (ii. 39n, 41, 74; 302; iv. 178; vi. 17; viii. 274; x. 158, 161-2, 189; xi. 35, 134).
Societas:- A party or faction (vii. 29).
Solarium:- An upper chamber (x. 351).
Solda:- A shop (v. 274, 300).
Sore:- See Espervarius (i. 82n).
Spervarius mutatus:- A mewed sparrow-hawk (ix. 117).
Spinetum:- Hawthorn.
Sputte, Sputti, Le Sputty, Spyttel-House:- Common substitutes for the word Hospital (x. 285n, 348, 352, 353n).
Stabilitio (Domesday):- Stalling deer. To drive the deer and other game from all quarters to the centre of a gradually contracted circle where they were compelled to stand was stabilitio (see vii. 46).
Stagnum:- A stank, a weir.
Stakinge:- A weir or fishery (iii. 117).
Stallage:- The dues assessable on persons who erected stalls in any Fair or Market (xi. 134).
Stan (Saxon):- A stone (i. 353n; iv. 32).
Standelf:- Stone quarry (see i. 262n).
Stare recto:- To take, or abide by, a trial (iii. 290).
Stemmata Monastica:- Their usual falsity (see Genealogies).
Stiches anguillarum:- Unit of eels (xi. 321). A stika or esticke of eels consisted of twenty. Ten stikae made a lunda.
Stoc (Saxon):- A town or village (iv. 6).
Stoc (Saxon):- Wood or fuel.
Stod (Saxon):- A stud of brood-horses (iv. 143).
Stow (Saxon):- A dwelling place (xi. 315).
Stretward:- A tax on land (see i. 92n; xi. 14). This tax usually went to the Crown (iv. 23); but not in all Franchises (viii. 47). Instance of a feoffment exempting the Feoffee from liability thereto (iii. 341).
Subboscus:- Underwood.
Sumagium:- Service of land-carriage (iv. 247).
Summa:- A horse load, which, in grain, waa a quarter, or 8 bushels (v. 81; xi. 95).
(Equi) Summarii:- Sumpter horses (see iv. 249).
Surnames:- Anglo-Norman surnames were derived chiefly from four sources, viz. Residence, parentage, employment, or personal attribute.
Instances of the same person having a local and patronymic surname (i. 220; iii. 345), and of other similar or greater varieties of nomenclature (i. 382; 135n; iii. 193n, 199n, 343; v. 63, 73; vi. 82; vii. 316; ix. 138-9). Instance of one person with four local and one patronymic surname (viii. 177-8; ix. 34):
An Heiress frequently retained her maiden surname after marriage (ii 268); and a woman, married a second time, sometimes retained the name of her first husband (i. 381n).
Sometimes the second surname of a family is but a translation of the first, e.g. De la Sale and De Auld (viii. 163), Godknave and Bonvalet (iii. 256n), Le Bere and Ursus (viii. 232).
Local surnames were apt to change in form when the bearer became resident elsewhere (ii. 131n).
Ambiguity in some styles as to which part of the description is surname and which address (i. 29n, 60-61).
The sobriquets or nicknames of the Normans (xi. 346).
Sutor:- Shoemaker (ii. 204).
Synodals:- The pecuniary contributions of the Clergy, etc., when a Bishop held his annual Synod; differing from Procuration, which were paid in respect of local and personal Visitation.
T
Tacfe, Tacfre:- The name of some immunity granted to Tenants, apparently with reference to the Lord's woods (ix. 251, xi. 372).
Tallage:- A land use or land tenure tax, later further limited to assessments by the crown upon cities, boroughs, and royal domains. In effect, tallage was a land tax (see i. 295n, 306; iii. 65-66; vi. 11).
Sometimes levied by the Crown on temporary Escheats (vii. 341).
Instances of Tallage being levied by Manorial Lords (iii. 301; viii. 243).
Talliare:- To tax (viii. 266n) or (viii. 230) to count.
Tandi:- An abbreviation of Alexander (ii. 96n).
Tas (Saxon):- A heap or bundle (i. 84n).
Taxatio:- A valuation (viii. 248).
Taxation of Pope Nicholas:- A tax on all ecclesiastical property in England and Wales in 1291-2, in order to defray the costs of an expedition to the Holy Land (see i. 8-9; iv. 8, 197n), a low estimate of extent (ii. 264).
Taxes:- The several kinds of (i. 295n). Besides which were certain Taxes on movables and effects occasionally levied, e.g. of a fifteenth, in 1225 (i. 275; ii 292); x. 88); of a fortieth, in 1232-3 (iii. 240; x. 80); of a fifteenth, in 1233 (v. 17); of a fifteenth, in 1275 (iii. 16; vi. 57, 306; viii. 85); of a thirtieth, in 1283 (iii. 244; ix. 314); of a tenth, in 1294 (ix. 332); of a fifteenth in 1301-2 (viii. 98; ix. 333).
Team, or Theam, or Them:- A franchise which gave to the Seigneural Lord of any Manor or Liberty, an absolute jurisdiction over his Villeins and Natives (iii. 237n, 245; viii. 220; xi. 35, 134).
Tsini:- The word seems to be applied in Domesday, not only to the Saxon Nobility, but to Freeholders of inferior estate (xi. 92; 118).
Tensare:- To defend, to make secure, to guarantee (ix. 66).
Tenths, Papal:- Papal income tax was first leveled in 1199 by Pope Innocent III, originally requiring all Catholic clergy to pay one-fortieth of their ecclesiastical income annually. Pope Gregory IX in 1228 levied a one-tenth income tax to fund his war against Frederick II, Holy Roman Emperor (see i. 8, 9; vi. 332; xi. 195).
Tenures and Tenancies:- The natures of several kinds of Tenure are referenced as follows:
Ad feodi firmam. The tenure in fee-farm was consistent with the tenure in socage, but not with the tenure per servicium militare (vii. 361).
Ad voluntatem Domini, see iii. 200.
De ballivo Regis or De balliva Regis. Usually a trust, to encourage and support the Tenant in the King's service (see iv. 147; vi. 13, 142; ix. 21, 42; x. 237; xi. 277; xii. 20).
De ballivo Domini (vi. 164). A tenure in trust, terminable at any time by the Suzerain.
In capite, de Corona, or de antiquo dominico Corona (see ii. 75; iii. 91; ix. 57). See Dominicum Coronae.
In capite de eschaeta (ii. 75; ix. 57, 222, 319-320; xi. 150). This tenure did not necessarily involve rights of wardship and marriage (ii. 101), though it might do so per accidens (iv. 253). See Dominicum Coronae.
In capite sine medio (iii. 138), was usually the name given to any immediate tenure under the Crown; but was applicable to any immediate tenure, e.g. where a Bishop was the Suzerain (viii. 208-9).
In custodia or Nomine custodia (see x. 91, 144).
In libera eleemosyna (see vi. 223).
In libero socagio (vi. 37). Vide Socage.
Joint or Conjoint Tenancy (see ii. 29; vii. 106; viii. 38, 145).
Mesne Tenures, v. Mesne Tenures.
Nil reddendo nec faciendo (vii. 99; ix. 88).
Per Baroniam (iii. 82n; vii. 38; xi. 345). See Baronia.
Tenure of Arundel Castle; supposed to be equivalent to an Earldom (iii: 2n; vii. 255, 258).
Where the tenant's service was merely to do certain suits for his Seigneur (vii. 174).
Where the Seigneur and Tenant in one Manor were inversely Tenant and Seigneur in another (xii. 2).
Where the Tenant was empowered or entitled to choose a Suzerain (v. 219, 221). See Potuit ire quo voluit.
Terpolus, Tribulus, Trivolus:- A bolt, a caltrop (i. 162, 180n; iii. 179; xi. 91).
Terra Normannorum:- Land in England, previously held by a Norman who had forfeited his estate by adhering to the French King (ii. 213; iv. 150, 212; xi. 126, 126n).
Terra Pacifica:- Land in a peaceful part of Shropshire rather than in the Marches (see x. 79n).
Terra Regis:- Land held by the King, see Dominicum Coronae (i. 70n).
Tertium Denarium, of Hundreds:- A tax. Literally "The Third Penny". See i. 22-23; v. 145; vi. 6; ix. 18.
Testa de Nevill:- The Book of Fees (i. 6, 120n, 140n).
Testing Clauses of Deeds:- The signing details of deeds, including the name and designation of the witness(es) to a deed. Instances of transcribers having substituted one for another (ii. 55n; vii. 276n).
Thedinga:- A tithing (vi. 19n).
Theloneum:- Toll. Quittance thereof (vii. 298; xi. 134).
Tithes:- Instances of the alienation or arbitrary consecration of, by the Anglo-Normans (i. 109, 321; vi. 279; viii. 149, 191; x. 336).
The property and things which were deemed liable to tithes (i. 294, 321, 323; ix. 79).
Instances of estates charged with double tithes (vii. 365n; ix. 79, 110).
Tolfre:- Quittance of toll (ix. 251), or (as an adjective) free of toll (xi. 372).
Toll:- A Saxon custom, viz.
(1) liberty to buy and sell within a certain Manor, or to appropriate the customs arising from such buying and selling (iii. 237n; xi. 134).
(2) A liability to pay such dues, by traders in any market (iii. 111; v. 301; vi. 328; vii. 23; viii. 220; x. 133; xi. 134).
(3) The revenue arising from such dues generally (x. 331); or from particular articles subject to local taxation, such as beer (iii. 257, 294; x. 343) and herrings (vii. 235 corrected).
Tolnetum:- See Toll.
Tourn of the Sheriff:- The turn or circuit made by the sheriff of a county twice a year, in which he presided at the hundred-court in each hundred of the county (i. 80n; iii. 156, 245; iv. 222-3). See Curia Magna Mundredi.
Traba:- A thrave, or 24 Sheaves, of corn (x. 276).
Tradere:- To demise (viii. 141).
Transgressio:- Almost any breach of the law was termed transgressio, e.g. embezzlement (vi. 93), trespass with violence (vi. 229).
Transitus:- A pass (ix. 134; vi. 305), the translation of a Saint.
T.R.E.:- The usual Domesday abbreviation for Tempore Regis Edwardi (in the reign of Edward the Confessor).
Tre (British):- A vill (i. 22, 159).
Tremna, Treumia:- A hopper (ix. 81, vi. 86).
Trenchea:- A space of dug land (vi. 55, 137, 305; viii. 266), a clearance (vi. 343n), perhaps, an entrenchment or ancient camp.
Trencheta:- A trench (xi. 183).
Trethcanidion, or Trethcinidion. See Kylek (xi. 16n).
Trethmorky, or Trethmorcu or Umbarge:- A custom assessable in the Lordship of Oswestry (see x. 331, 334; xi. 11n).
Triavus:- Man of great age and tranquillity. Doubtful meaning of the word (xi. 292).
Tribulus:- See Terpolus.
Trimesium:- the Lenten, or three-months', crop (iii. 262n).
Tumberell:- An engine of punishment used in Liberties which had View of Frankpledge; probably identical with the Duckingstool, which was for the punishment of quarrelsome women (ix. 248; xi. 98).
Tun (Saxon):- A town (i. 103, 164, 353n; ii. 142).
Tunscipesmot, or Townships-mote:- Any local Court, or the suit due thereto (iii. 237n).
Turbae:- Turves (x. 113).
Turbaria et glebe:- Turf and sods (vii. 276).
Tutela:- Right to protect (vii. 320).
U
Ufere:- Over or upper (iii. 22).
Umbarge:- See Trethmorky (x. 331, 334).
Unde:- By the way (vii. 376n).
Uno die et una nocte:- At any time (ix. 76).
Utfangthef or Utfangenthef:- A Royalty or Franchise which entitled the Lord of a certain Manor or Jurisdiction, to pass judgment on thieves taken within his Liberties, even though the theft had been committed elsewhere (iii. 245; viii. 220).
V
Vadium:- A thing given in pledge or security; a mortgage (vi. 136; vii. 379; x. 202n).
Valettus:- A groom, yeoman, or journeyman (see 243; iii. 163, 163n; iv. 287; vii. 134, 282; viii. 79; ix. 33, 146; x. 68; xi. 293).
Valor Ecclesiasticus:- A survey of the finances of the church in England, Wales and English controlled parts of Ireland made in 1535 on the orders of Henry VIII (i. 9). Its omissions (ii. 141). A low estimate as regards Monastic property (iii. 248-9, 264; iv. 10, 26; vi. 173).
Vasculum:- a corn-measure, of uncertain capacity (xi. 74).
Venacio:- Venison, but usually a trespass on game (i. 55n).
Venella:- A lane (v. 299).
Verderer:- A judicial officer of a royal forest (see i. 267, 383; iii. 292). Relieved from serving on juries, etc. (v. 52; vii. 329).
Vert:- Literally, green; produce of the forest (see i. 55n, 240).
Vestures:- Clothing, dress (see i. 93n; iv. 273).
Vetus:- Put for Senior (v. 155).
Vetus dominicum Coronae:- See Dominicum Coronae.
Vicinage:- A neighbourhood (viii. 16; ix. 87; xii. 2). The Vicinage of a Vill was the adjacent Vills, of a Hundred the adjacent Hundreds.
Vicomte of the Normans:- Ducal official with judicial, financial military, and general administrative duties. His office (vii. 203).
View of Frankpledge:- The office which a Sheriff or the Bailiff of a Hundred exercised in his respective Court; hence, the cognizance of such pleas as ordinarily came before the Greater or Lesser Hundred Courts, e.g. wayf bloodshed, hue and cry, assize of bread and beer (see ii. 156; lii. 176, 263; iv. 273; x. 33, 68, 188; xi. 98).
Villeins and Villeinage:- The Villein was a feudal tenant entirely subject to a lord or manor to whom he paid dues and services in return for land (i. 48n, 303; viii. 83; xi. 97). They were, effectively, slaves and Villeins, and their children passed with the land (ii. 278; v. 7). The widow of a Villein was not entitled to dower (vi. 293). For the Villani integri and Villani Dimidii of Domesday (v. 55), v. Dimidii Villani.
Virga:- The rod or perch of land measurement, see Acre (vii. 295n).
Virgate:- A fourth part of a hide (i. 20; ii. 124), see Hide. The virgate may generally be estimated ss containing 60 acres of the early period (iii. 226). There is express mention of that being its contents at Aston Eyre (i. 207), and at Middleton Priors (iii. 338). At Worfield the virgate contained 60, 61, or 62 acres (iii. 111). The Ellesmere virgate was 81 acres (x. 242).
Viridis Cera:- Exchequer Writs, ordering a Sheriff or other Baffiff to make any levy or distraint, were called Viridis Cera, probably because such Writs were sealed with Green Wax (i. 311n).
Visors:- Inspectors (i. 117n, 254-258; 64; iii. 14,3);
Visors of Essoigns:- In cases of Essoign (see viii. 95).
Visus:- View (vi. 184), Local Inquest.
Vivarium:- Usually a fish-pond (see i. 62; ii. 23; iii. 143; vi. 16; ix. 132; xii. 23); a preserve (ix. 83).
Volatus:- A poultry-yard (vi. 52).
Voleya:- Probably a contrivance for ensnaring birds (see x. 276).
W
Waes (Saxon):- Water, whence Buildwas, Rotherwas, Sugwas, etc.
Wainage:- Land accessible to the plough (vi. 86).
Walcheria:- Name of the the country bordering Wales and Shropshire and particularly that district of the Borders which was generally exposed and changeable, necessarily governed and protected by the local Chieftains, and amenable to peculiar laws and customs, quite differing from English law (see vii. 34-36, 43, 44; x. 43, 119, 134; xi. 14, 27, 162, 349).
Thus there was a Walcheria as well as an Englecheria appurtenant to many Manors of the Border, e.g. to Caus (vii. 43), to Oswestry (x. 329, 330, 354), to Knockyn (x. 370), to Clun (xi. 233), to Wigmore (xi. 320n, 322).
Walcheria was also the word applied to the state or condition of those who lived within such jurisdiction. The following passages are illustrative of the customs peculiar to Walcheria (vii. 44, 114; x. 339; xi. 40, 73, 159).
Wall:- In composition usually indicates a Roman station (iv. 274).
Wapentak:- The name by which a Hundred was called in some of the northern Counties subject previously to Danish law (ix. 186).
Warda:- Castle-Guard, a service generally due from the Tenants of a particular Barony to the Baron's Castle, and from Tenants in capite to some Royal Castle (see i. 85n, 279; iv. 233).
The usual proportion of this service was 40 days' ward for a knight's-fee, 20 days' for half a fee, and 15 days' for one-third of a fee (iv. 237n; v. 190; xi. 232n), but these proportions were often varied (see iv. 23$; vii. 281).
These services were usually required only in war-time; but there were also permanent Warders in some Castles (i. 260).
Wardine, Weorthig, Weorthi, Worth, Worthin:- Meaning of the words in composition (i. 137; iii. 311; iv. 188; ix. 18).
Wards:- Custody and marriage of (ii. 57), v. Knight's Service.
Warison:- Release from office (ii. 281, 317).
Warnistura:- Military stores (x. 325).
Warranty of Charter:- See iv. 62; vi. 241; viii. 48. Records cited in Warranty (ii. 120n; vii. 44). Warranty excepted, where any loss to the Grantee might be expected from Welsh aggression (x. 367).
Warren:- See Free Warren.
Waste, Impeachment of:- A restraint from committing waste upon lands or tenements; or a demand of compensation for waste done by a tenant who has but a particular estate in the land granted, and, therefore, no right to commit waste. Against Dowagers (iv. 122; vii. 256); against Guardians (iv. 97); against a Lessee (x. 222); against a Tenant by Courtesy of England (iv. 316).
Waste Manors of Domesday (i. 133n, 152n).
Waste of the King's Castle-stores (iii. 68; vii. 242-3).
Waste of the King's Forest (vi. 330).
Waste of the King's Manors (iii. 67-69).
Wastum Comitatus (see iii. 67).
Wayf:- The right to appropriate stolen goods, when recaptured within a certain jurisdiction, wherever they may have been stolen (i. 94n, 326; iv. 161; vii. 260-1; x. 178; xi. 99, 100).
Wayviare:- To abandon, surrender (vii. 80).
Weirs:- man-made river obstruction to farm fish (i. 361).
Werekewude:- See vi. 339; ix. 145.
Wernagium:- Probably put for wainagium, and meaning wheat grown by plough husbandry (ix. 147n).
Whetstones, The Monument:- So called (xi. 159).
Wilig (Saxon):- A willow tree (ii. 45).
Windellus:- A word used apparently to describe a measure or fixed quantity of grain (ix. 147n).
With:- Probably put for wite (penalty or flne) and signifying the proflts arising from a manorial Court (ix. 233).
Withecocus:- A woodcock (iv. 275).
Wodewardus:- A wood-warden (vii. 276, 377).
Woodsilver:- An assessment on certain Tenants of Wenlock Priory, probably in respect of privileges allowed them in the Prior's woods (iii. 325).
Wrch (British):- High or round (ix. 18).
Writs:- References to some of the more common Royal and judicial Writs:
Ad juratam capiendam (ix. 376).
Ad juratores capiendos (ix. 376n).
Ad removendum laicalem, or De vi laica amovenda (ix. 190n).
Ad terminum (iv. 93; xi. 81). The Writ ad terminum perhaps dictated the speciflo period within which a particular trial was to be taken.
Of Appone (i. 187).
Of Attaint (see iv. 270, 296; vii. 81; xi. 116).
Of Capias (ix. 376n).
Of Certification (vii. 82).
Of Certiorari (ii. 41, 156; v. 63; x. 281).
Of Consultation (vi. 47).
Of Diem clausit extremum (i. 239).
Of Habere facias (xi. 344).
Of Mort d'ancestre (vii. 115).
Of Plenum rectum teneas, otherwise called the Breve clausum de recto (ii. 70; 65; iv. 66, 81; v. 160; vi. 301). The form thereof (iii. 148n).
Of Pone, or Pone usque Westmonasterium, or Pone coram nobis (iii. 57, 192, 192n; iv. 369; v. 201).
Of Praecipe (iv. 21n; xi. 199, 247).
Of Praecipe quod reddat (iv. 86n).
Of Praemunire (iii. 350).
Of Prohibition, v. Curia Christianitatis.
Of Venire facias juratam (ix. 376n).
Quod non ponatur in assizes (vi. 56; vii. 329).
Writs Close (see i. 23n, 307n).
Writs, Return and Extracts of (i. 310; iv. 40, 81, 220; x. 68).
Writs Royal, not current in Walcheria (vii. 44).
Writs, Viceregal (see ix. 311).
Wrmtak:- The name of some custom or due assessable in the Manor of Cound (vi. 71).
X
Y
Year and day, The King's:- See Annus et dies.
Z
Zucus boscus:- Stumps (ii. 221).
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