i 3 o THE DOMESDAY INQUEST 



were leased by the monasteries for three lives the lives 

 of the grantee and two generations following. The lands 

 occupied by those sokemen who had liberty of commendation, 

 who would be called " freeholders " in Suffolk, were called 

 " sokelands " in the Ely Inquest ; and the evidence quoted 

 from the Ely plea shows that there was little, if any, difference 

 between the services rendered from the sokelands and those 

 from the thegnlands. 1 The distinction would appear, in 

 modern phraseology, to be that the abbey owned the freehold 

 of the thegnlands, but had only a profit a prendre (or a servi- 

 tude) over the sokelands. 



We have seen that many of the sokemen who were re- 

 strained from sale or commendation were tenants on the 

 ancient estates of the monasteries ; may we therefore deduce 

 that their lands were granted to them by the monasteries, 

 on condition of their rendering some service or other in 

 respect thereof, and that one of the conditions of their tenure 

 was that they should not sell their lands or attach themselves 

 to the retinue of any lord without the licence of their grantors ? 

 There are several cases of gifts by abbots to thegns, " who 

 yet could not be separated from the Church." 2 We have 

 already seen a case of an estate surrendered to a church, and 

 regranted to the donor on condition that he did not sell it 

 another proof that restraint from sale was one of the con- 

 ditions on which the churches granted their lands. But to 

 this rule there might be an exception by agreement. " Tostig 

 leased an estate from the Church of Malmesbury for three 

 lives, and during this term could go with it to what lord he 

 would ; " 3 but the other tenants of Malmesbury Abbey were 

 subject to the usual restraint from commendation. 



There is one instance in which men restrained from com- 

 mendation transgressed the rule, and commended themselves 

 to another ; the sons of Eliert held Linford of the Abbot of 

 Abingdon, nor could they go elsewhere without his licence ; 



1 F. E., 28-35. 2 D. B., I. 67 b i. 3 /</., I. 72 a i. 







