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FITZHERBERT’S ACCOUNT OF THE RISE OF MANORS

(Sir A. Fitzherbert, Book of Husbandry; Cunningham, Growth of English Industry and Commerce. App. 1, Edition 1882.)

Customary tenants are those that hold their lands of their lord by copy of court roll, after the custom of the manor. And there be many tenants within the same manor, that have no copies and yet hold by like Custom and service at the will of the lord. And in mine opinion it began soon after the Conquest, when William Conqueror had conquered the Realm he rewarded all those that came with him, in his voyage royal, according to their degree. And to honourable men he gave lordships, manors, lands and tenements with all the inhabitants, men and women, dwelling in the same, to do with them at their pleasure. And those honourable men thought that they must needs have servants and tenants, and their lands occupied with tillage. Wherefore they pardoned the inhabitants of their lives, and caused them to do all manner of service, that was to be done, was it never so vile, and caused them to occupy their lands and tenements in tillage and took of them such rents, customs and services as it pleased them to have. And also took all their goods and cattle at all times at their pleasure, and called them their bondmen, and since that time many noblemen, both spiritual and temporal, of their godly disposition, have made to divers of the said bondmen manumissions and granted them freedom and liberty.... Howbeit, in some places, the bondmen continue as yet the which me seemeth is the greatest inconvenience that now is suffered by the law, that is to have any christian bounden to another and to have the rule of his body, lands or goods, that his wife, children and servants have laboured for all their lifetime to be so taken, like as an it were extortion or bribery.

And many times by colour thereof there be many freemen taken as bondmen, and their lands and goods taken from them, so that they shall not be able to sue for remedy to prove themselves free of blood. And that is most commonly when the freemen have the same name as the bondmen, or that his ancestors, of whom he is come, was manumized before his birth. In such case there cannot be too great a punishment.

In many lordships there is a customary roll between a lord and his tenants, and it ought to be indented, one part to remain in the lord’s keeping, the other part with the tenants and divers true copies to be made of the same, that the rents and customs run not out of remembrance. And also a suit roll to call all those by name, that oweth any suit to the lord’s court and then shall there be no concealment of the suitors, but that the steward may know who is not there, and if any suitors decease, the name of his next heir would be entered into the same roll, and an enquiry made, and presented, what he held of the lords and by what rents, customs and services of every parcel by itself, and who is his next heir, and of what age he is of, and this truly done and entered into the roll, it would be a conveyance of descent ... and profitable to the lords and also to the tenants.