SOCIAL AND ECONOMIC HISTORY 



duties on the village as a community. The homage, 1 or the tithing, 

 were frequently called upon to inspect and report upon doubtful cases of 

 ownership, to declare customs or to amend nuisances. At Hawkes- 

 bury the head tithing-man of Upton is ordered to see that a hedge is 

 mended before the next court, on pain of is. fine from everyone involved. 

 'The headman of Kylcote Tithing says that, by ancient custom, Thomas 

 Blyke is bound to make and close a certain " lanewey." And the village 

 say that Thomas Haynes has to assist him in shutting the " Blyndelane." 

 The homage present that certain tenants are bound to make the " Lupeyate " 

 (stile) of Upton, and it is ordered that the " Lupeyate " shall always stand 

 where it now stands, towards the Falowfelde.' ' Sometimes the lord com- 

 manded, or a tenant paid a fine to obtain a ' view ' and report by the homage 

 on some disputed boundary. 1 At Bisley (14012) the homage declared 

 that the house and barn of William Tymberhulle were burnt down by his 

 own negligence, and the court therefore ordered him to rebuild, on pain of 

 forfeiting all his oxen.* And as late as the reign of Elizabeth we find 

 the homage at the lord's command inspecting a piece of land on which 

 three new cottages had been built, and examining the oldest tenants whether 

 the land was waste of the queen's (as lady of the manor) ; * or the suitors 

 at the woodcourt made a ' view ' of a wood, and reported on the number 

 of trees felled there in the year. 1 Again, the tenants who had common 

 pasture at Waterlane were to assist the lord to maintain those rights by 

 pulling down a cottage newly built upon the common, and removing the 

 old woman who lived there to another house.' On one occasion in the same 

 reign the various townships of the manor were made mutually responsible for 

 each other's repairs. 1 



These illustrations are sufficient to show that, in its ecomonic aspect, 

 the manorial system offered considerable scope for the villein to experience 

 the pains and pleasures of self-government. Even the manorial woods, 

 which, in any law court would probably have been adjudged private 

 property of the lord, in the language of the court rolls are often known 

 as the ' customary wood,' and he might encounter resistance from his tenants 

 if he tried arbitrarily to regulate their use of it. At Hawkesbury 

 (1318) a John Sinot refused to drive his pigs into the lord's wood 

 at Martinmas, unless he ' might have them out again at Midsummer.' T 

 The amount of wood, turf, and stones which each tenant might take 

 was probably known by custom, for later on, when land was let by lease, 

 these points were always specified with especial care. Some tenements 

 were considered to possess ' wodecustome,' while others had none. 8 

 As late as the reign of Elizabeth tradition still preserved the ancient 

 manorial customs of the Bisley Wood ; * nor was the voice of manorial 

 custom less positive with regard to free tenants, who at the same court 

 were declared to have no right to dig stones or clay in the customary 

 wood. 



1 i.e. the whole body of tenants. ' Ct. R. (Hen. V.), portf. 175, No. 50, m. 3-6. 



' e.g. at Hawkesbury (1511-12). Ct. R. portf. 175, No. 59, m. 2, and at Cheltenham (1529). Ibid. 

 No. 27, m. 13. ' Ct. R. portf. 175, No. 9, m. 2. * Ibid. No. 13, m. 3. 



' Ibid. m. 7. ' Ibid. No. 42, m. 1 6. * Ibid. Nos. 7 and 12. 



* ' No tenant having common in the customary wood can make easement there, or in the common fields, 

 except for sheep.' Ibid. No. 13, m. 5. 



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