

SOCIAL AND ECONOMIC HISTORY 



ways of thinking ; some description of the methods and constitution of the 

 various courts may not therefore be out of place. 



In the manor-court, where, in spite of legal theory, the distinctions into 

 court baron, court leet, and court customary do not seem to have been very 

 closely preserved, the lord tried cases arising from breaches of manorial 

 custom, and offences of his tenants against himself. If, as was usual, he also 

 possessed the right to hold ' view of frankpledge ' and the ' assize of bread 

 and beer,' he exercised no mean control over police matters, and, when 

 holding a * view,' he would probably take cognizance of such minor breaches 

 of the peace as were left him by the ever-lengthening arm of royal justice. 



Offences against the lord's own rights were promptly punished. Tres- 

 passers in the lord's wood, or cornfield, or pasture, occur innumerable times 

 in every court-roll. The lord's ultimate interest in the land and property of 

 his villeins was preserved by the infliction of fines for any injury to their 

 holdings. ' William Smith of Badminton, in the manor of Hawkesbury 

 (13245), has been ordered to repair his tenement; an inquest of neighbours 

 report that he has only mended one corner, and his tenement is therefore 

 forfeited to the lord.' 1 'John Norton of Bisley is fined for breaking up the 

 lord's land by digging and carrying away tiles and stones (1391) '; ' Nicholas 

 Gale has cut the branches of an ash on the lord's demesne (1393)';* 

 ' William Upington has lessened the value of his holding by felling the 

 greater part of his grove (1435).'* Woods in fact were so fruitful a source of 

 trouble that in many manors there was a special ' Woodcourt and Woodward.' 

 At Bisley (Hen. VI) the latter functionary was himself fined is. \\d. for 

 felling a beech in the lord's private wood, and for taking charcoal thence ; 

 while the homage of the woodcourt presented that various tenants had 

 sold customable wood by loads.* As late as Elizabeth tenants were fined 

 for taking ' Crabstockes,' and for ' shrouding ash-trees ' in the lord's wood.* 

 A small amount of poaching appears also on the records. Possibly most 

 lords were not very particular on the subject, but at intervals fines are 

 inflicted for the unlawful catching of rabbits, ' troughtes,' and partridges ; * 

 and at Minchinhampton the lord obliged some of his customary tenants to 

 aid him in guarding the hare-warren. 7 Even the clergy were not guiltless 

 of sporting tastes, for in 1400 a writ was required against 'John Burgeys, 

 chaplain of Stroud parish, and two others, who have hunted without leave in 

 the lord's warren, and taken rabbits and hares.' * Bees' nests were the lord's 

 perquisite, and at Hawkesbury (1294) a man was fined for not bringing 

 him some bees found in a field.' The rights of tenants had to be similarly 



1 Ct. R. portf. 175, No. 43, m. 5. ' Ibid. No. 8. 



Ibid. No. 10, m. 5. 4 Ibid. 



' Ibid. Nos. 1 1 and 1 3. Fitzherbert tells us the special uses of these two trees. ' Sell the smalle asshes 

 to cowpers for garches (hoops) and the gret asshes to whelewrightw, and the meane shes to plowe-wrightes, 

 and crabbe-trees to myllcrs to make cogges and ronges.' Book tfHutbanJrj (ed. W. Skeat, 1881), pp. 85-6. 



Ct. R. portf. 175, Nos. 7, 10, 15. ' Rentals and Surv. R. 238. ' Ct. R. pprtf. 175, No. 9, m. I. 



Ct. R. portf. 175, No. 41, m. 7. Tusscr writing about 1580 gives an amusing description of the 

 poacher of his day : 



' At noone if it bloweth, at night if it shine, 



Out trudgeth Hew Make-shift with hooke and with line. 

 Such walke with a black or a red little cur, 

 That open wil quickly, if anything stur ; 

 Then squatteth the master, or trudgeth away, 

 And after dog runneth as fast as he may.' 



Five Hundred Poiatt of Good Hubandrj (ed. Eng. Dialect Soc.), 43. 



'39 



