The curious tenacity of the manorial custom is well shown in the case
of Pomber in Hampshire: the Annual Court, in accordance with immemorial
usage, must be held in the open air, but the inconvenience of this was
obviated by an immediate adjournment of the proceedings to the nearest
tavern. The records were not kept on parchment, but "on a piece of wood
called a tally, about three feet long and an inch and a half square,
furnished every day by the steward." In time these strange muniments
became worm-eaten and illegible; and, as occupying much needed room,
were thrown to the flames by the dozen. (It will be remembered that the
old Houses of Parliament were set on fire and destroyed on the burning
of the exchequer tallies, October 1834.) Some of the survivors were
produced as evidence in a case heard at Winchester, which fact provoked
"a counsellor on the opposite side of the question" to dub it "a wooden
cause." The obvious retort--that his was a wooden joke--seems lacking;
but possibly this gem of legal humour emanated from the Bench: how
often one has seen its like!
Still stranger was the Lawless Court of the Honour of Raleigh: it
was held in the darkness of cockcrow; the steward and the suitors
(i.e., those bound to attend the Court) mumbled their words in scarce
audible fashion; candles, pens, ink, were all forbidden; for, as the
authorities vaguely put it, "they supply that office with a coal." To
ensure a punctual attendance, the suitor "forfeits to his lord double
his rent every hour he is absent." The learned Camden affirms it was
all to punish the aboriginal tenants for a conspiracy hatched in the
darkness of the night; again he sees in it a remnant of an old Teutonic
custom; and in the end you suspect that he knows as little as yourself.
Public-domain text, read in full here on John Shaqi.
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