BRATTON CLOVELLY in 1377
Proceedings
of the Manor Court held on 1st October 1377.
Beryl Newns-Wood and David Oates
Introduction
Have you ever
wondered what was happening in Bratton Clovelly 623 years ago?
The Lord of the Manor at
this time Thomas de Somerton, held a court about four times a year either in
person or represented by his steward. A clerk recorded the proceedings,
penalties etc. on the roll, continuing from where the previous sitting had
ended. These proceedings tell of a surprisingly wide range of activities,
including straying cattle, overcharging for ale and labour, as well as the
occasional assault followed by a hue and cry.
The Manor Court Rolls for
1377-8 are the earliest of the seven surviving for Bratton from the 14th and
15th centuries. They are written in
heavily abbreviated medieval Latin by quill pen on rolls of parchment. At the time, they constituted the official
(and only) record of tenancies, minor misdemeanours, punishments and other
items to do with general affairs of the village.
Those guilty of minor offences or who had failed to carry out any of
the intricate duties and services required of them by the feudal system were
said to be 'in the King's mercy" and had to pay a monetary penalty called
an ‘amercement’ to escape from this.
All men over the age of 12
were required to be in a group called a "tithing", which originally
would have meant ten men, but here consisted of perhaps just two groups: of
Bratton and Godyscote. Each elected a ‘tithingman’, later known as a constable,
who was responsible for seeing that miscreants were apprehended and brought to
the court.
Being ‘distrained’ was a
form of bail under which some belongings of the individual would be seized if
he committed the same offence again.
The following is a
translation by the Rev. T. W. Whale, published in the Transactions of the
Devonshire Association Vol. 27 1895, and which has been checked back with the
original, now held in the Devon County Record Office, Exeter.
Passages in round brackets
are written between the lines in the original, indicating later developments in
some of the cases. Text in square brackets is editorial comment.
Translation of the Roll
|
Bratton |
The
court held there on Thursday next after the feast of St. Michael in the first
year of the reign of King Richard [Richard II]. [Thursday 1st
October 1377.] |
|
Tax 10d |
Let it be known the tax
is increased this year. |
|
Bratton
fine 12d |
The
tithingman presents the default of Nicholas Kerham who owes suit [attendance]
at the court on this day, therefore he is in mercy. Afterwards he paid the
fine. |
|
Amercements 2s 7d |
Also he
presents that William Lobet (4d), Baldwin Clerke (3d), Richard Valeys (12d) and
William Lobet (12d) common tapsters [innkeepers] sold ale contrary to the
assize [The assize of Bread and Ale – The local authority laid down the price
of bread and ale based on the current price of wheat and malt.] therefore
they are in mercy. |
|
Amercements 5d |
Also
the aforesaid William (2d), Baldwin (1d) and Richard (2d) sold ale in false
measure, therefore they are in mercy. |
|
Stay |
Also he
presents that 2 foals have been provided as chattels of Wayfuss worth 12d and
they remain in the custody of the reeve. |
|
Officers |
Also
they elected to the office of reeve [the man elected by his fellow tenants to
organise the daily affairs of the manor] and William Lobet the tithingman who
took the oath and continues. Also Henry Vysake to the office of reeve ending
in this year of the Lord. Also William Chaddere who continues. |
|
Godyscote Amercement 9d |
The
tithing man presents that Blytha ate Yeo raised the hue and cry rightly upon
Reginald Hethman (7d), therefore he is officially in mercy. And the aforesaid
Reginald is in mercy for the offences done to Blytha Yeo and he is
distrained. [Everyone was obliged to join in the pursuit of person suspected
of an offence if somebody called. Anyone starting the hue and cry without
good cause was punished.] |
|
Amercement 6d Execution |
Also he
presents that the aforementioned Reginald struck Blytha ate Yeo with 1 stick
against the peace therefore his is officially in mercy to damages 3s whence
execution. (In mercy because he did not carry it out.) Also he
presents that John Cole raised the hue and cry wrongfully upon William
Bokeput therefore he is officially in mercy. And the aforementioned John Cole
is in mercy because he did nor proceed against the same William in plea of
trespass. |
|
Recognition 2d |
Also
Johanna Payn took at the lord’s will one cottage, the same cottage which was
formerly held by Richard Valeys for rent and duty and customary services. Let
it be known the she made fealty to the lord and gave recognition. [This is
the procedure for a copyhold tenancy. The entry in the manor court roll is
the person’s title to the property.] |
|
Amercement 6d |
Henry
Fenemur is in mercy because he cut down the lord’s wood near Foelesdon
without a licence therefore he is in mercy. [There was strict rules about
what type of wood could be cut and how much and when.] |
|
Amercement 3d |
Richard
Taylor is in mercy for trespassing in Thomas Estlake’s oats with his cattle
and he is distrained to make amends. |
|
To
attach |
The
same Richard complains about William Bertone in a plea of debt. He has not
come to the summons therefore he is attached [bound to appear.] |
|
Amercements 18d |
Robert
Colyn (4d), William Upecote (6d), Richard Grymscote (4d), John Symon (4d) are
in mercy because they took excess of pay against the form of statute. [The
Statute of Labourers 1351 which aimed to keep wages as they were before the
Black Death.] |
|
Amercement 2d |
John
Fochedone is in mercy because he has not raised 13s 4d for the work [done] by
Alice Hethman whence execution. [Women could be hired to do work.] |
|
Amercement 6d |
Roger
Bredde is in mercy because he took a calf from John Skedemur against his will
and he is distrained. |
|
Examination |
Richard
Taylor submits himself to examination against Thomas Eastlake that he did not
control his cattle to damages 10s by
the pledge of Robert Payn and Geoffry Payn. |
|
Amercement 2d |
The
same is in mercy for trespassing on Richard Taylor’s oats with his cattle and
he is distrained. |
|
Amercement 6d |
The
same Richard is in mercy for a false complaint against the same Thomas in a
plea of trespass. |
|
Stay |
Thomas
Pacchecote in absence complains about Robert Grymscote in a plea of trespass
and it is stayed [held over] (In mercy… at law because he unjustly took his
mare and his calf, by the pledge of William Boudoune) |
|
Stay |
John
Bate complains about Robert Cole in absence in a plea of trespass and it is
stayed. (In mercy for not proceeding.) |
|
Stay |
Geoffrey
Bremdone complains about William Lobet in absence on a plea of debt and it is
stayed. (In mercy for permission.) |
|
Amercement 3d |
Robert
Colyn is in mercy for a trespass done to Richard Beamund that etc. |
|
Amercement 2s 2d |
The
Baliff presents that Walter Mansypdyche (6d), Walter Rysdone (8d), Walter
Ayre (6d) and Geoffrey Payn (6d) trespassed with cattle in the lord’s pasture
above Shoerysdone. [Note the higher penalties for trespass on the lord’s
land.] |
|
Examination |
Robert
Blakegrove abd Blythe his wife, executors of the will of William Colyn
present themselves for examination against Robert Payn and Sara his wife that
they do not keep back from them one cow and two breeding ewes nor etc… to
surrender 20s through the pledge of John Skedemur and Henry Vysake. (In mercy
for not proceeding.) |
|
Amercement 3d Execution |
John Whetter
is in mercy for withholding 12s 8d against Blytha ate Yeo whence execution.
(The reeve is in mercy for not carrying it out.) |
|
Amercements 4d Distraint |
Geoffry
Payn (2d) and William Bouedone (2d) are in mercy because they do not stand
nor contribute with the tithingman and the tithing of Bratton as was found
[by the court] through the whole homage [all the tenants] and are distrained. |
|
Amercements 2d Distraint |
Twelve
jurors say that the king’s highway near Hedysdoneforde is muddy and deep to the
harm of the neighbourhood, which the tithingman of Bratton is responsible for
repairing therefore he is in mercy and he is distrained. [If twelve men swore
that something was true, it was acted upon in the court and the offender was
punished.] |
|
3s 4d |
12
jurors say that Henry Fenemur, lately reeve, took a tenure near Fochedone,
additional rent to the lord 3s 4d, therefore he is charged [with this
amount]. Also a tenure, formerly John de Bratton’s called Trylleland,
additional rent to the lord 2s 10d for lease of 3 acres of land. |
|
Examination |
Robert Blagrove and Blythe
his wife, executors of the will of William Colyn, submit themselves to
examination against Robert Colyn that they do not keep back two oxen worth 40s
from the gift of his mother to surety 20s through the pledge of Henry Versake
and John Skedemur. Also that they do not keep back 1 cow worth 10s to surety
40d through the pledge as above. |
|
To attach |
Richard Grymyscote
complains about Henry Cole who made 4 defaults in a plea of trespass. And he
was bound for one pack animal by which he is more heavily distrained. [A
person was allowed three defaults before being obliged to appear.] |
|
Amercement 1d |
John Symond is in mercy
for default of an agreement. |
|
Remission |
Reginal Bredde gives his
fine to the lord because he had appropriated a calf of John Skedemur against
the peace and against his will as was found by examination. |
Total 23s 4d
Steward’s expenses 13d.