The Key to the Family Deed Chest: How to Decipher and Study Old Documents: Being a Guide to the Reading of Ancient Manuscripts — John Shaqi
The Key to the Family Deed Chest: How to Decipher and Study Old Documents: Being a Guide to the Reading of Ancient ManuscriptsThoyts, Emma Elizabeth
History
The Key to the Family Deed Chest: How to Decipher and Study Old Documents: Being a Guide to the Reading of Ancient Manuscripts
Thoyts, Emma Elizabeth
Diplomatics -- Great Britain; Paleography -- Handbooks, manuals, etc.
The oldest account of an estate is to be obtained, not from deeds of
purchase and mortgage, but from its own private records, called court
rolls, a most curious class of documents, puzzling to the antiquary
because they contain local words obsolete and not recognisable through
derivation. Manor rolls are a study in themselves, a subject hitherto
overlooked. They give us an insight into the most primitive form of
local government, showing the manner in which lawlessness and disregard
of laws were kept under before a regular magisterial jurisdiction
came into existence. The local manor court occupied the position and
did the work now undertaken by the magistrates, County Court judges,
and County Councils. When complaints are raised as to an excessive
imposition of fines for trivial misdemeanours by any of these modern
means of justice, I would advise the complainants to study some old
court rolls, wherein may be read the fines imposed for offences no
longer punishable. The villager was fined if he kept dogs or pigeons,
for trespass in the woods, stealing brushwood, for illegal fishing,
for fighting, for allowing animals to stray and become impounded. Nor,
unless he was a freedman, was he allowed to marry or give in marriage
without his lord’s permission. All this sounds very arbitrary and
severe; in reality it probably was not so. The bond between landlord
and tenant must have been a very close one. They were drawn into near
connection one with another; the well-being of one meant the welfare
of the other. Nor was the meting forth of justice left solely in the
hands of the lord of the manor, but rather to the twelve jurymen who
formed the court itself. Certainly this self-government opened a means
for unfair influence and revenge of petty quarrels. This was guarded
against as far as possible. A very common item brought before the court
was the accusation of wrongful information laid by a man against his
neighbour in direct opposition to the ninth commandment.
There were two sections of manor courts--the Court Leet and the Court
Baron. The former dealt with offences committed by the tenantry, and
contained much that is entertaining and curious; the other was occupied
with the tenants and their holdings, of which they had every year to
give account to the lord of the manor. Upon the death of a tenant, or
the expiration of the lease, new presentments were made to the landlord
for admission to the premises, or a fresh life added to the lease from
time to time. In these rolls we find notices of heriots and other old
services due from the tenants of certain lands; indeed, these old
customs are not yet wholly extinct, though they have frequently fallen
into abeyance. On some estates heriots are still due, but, as a rule,
have for many generations been compounded for by a money payment, just
in the same way that feudal service passed into small sums of money and
finally died out, or eventually took the form of money rent.
Public-domain text, read in full here on John Shaqi.
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