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Published online by Cambridge University Press: 12 June 2012
I will now endeavour to give you an account of the constitution of a Manor in Oxfordshire, which, as far as I can ascertain, is unique, and evidently bears the impress of antiquity.
You will probably trace, at first sight, a resemblance between the “four Grass-stewards and the Sixteens” of Cote, and the four Primarii Forestarii and the sixteen Theynes of the Swein-mót referred to in the Charta de Foresta of Henry I.; but possibly these customs may be remnants of the Anglo-Saxon Mark-mót, for traces of the hide of land “cum pertinentibus”—i.e. with a house and toft, the rights of estovers, of common for cattle, and of a portion of separate pasture for hay—may be traced before the Conquest, and will be hereafter noticed; and a Saxon interpreter of Bede, quoted by Ducange (voce Hida) remarks that a hide was “Domus cum adjuncta agri ad colendum portione.” The 64 “yeard-lands,” or 16 hides, of the manor, and the “Sixteens” as the annual representatives are called, with their 4 Grass-stewards (always chosen from the most influential of the yeomen), strongly resemble the inter-communal arrangements of the Anglo-Saxons, who frequently adopted, as Lappenberg remarks, some multiple of 8 in their cycles, &c. It is however but right to observe that the manor did not always consist of 64 yard-lands, for 9 yards were added, rather more than two centuries ago, from the neighbouring manor of Shifford, although they may notwithstanding have belonged to one community, for these lands were intermingled with the rest.
page 269 note a “
.” A piece of land (for a homestead) adjacent to the house of a peasant. (Thorpe, Ancient Laws.)
page 269 note b The word híwisc, often used to denote a hide of land in the Saxon charters, as well as its Latin equivalents cassata, or cassatum, and mansa, proves that the hide was considered, as the names import, a provision for a married man (cassatus). So King Eádwig, when bestowing 13 mansæ at Fíf-hid (now Fyfield) upon one of his servants, anno 956, adds, “cum omnibus ad se pertinentibus, campis, pascuis, pratis” (Cod. Dipl. Ævi Sax. 1206), and 10 cassatæ at Cytringan “cum campis, pascuis, pratis, silvis.” (Id. 443.)
page 270 note a 
,&c. (Laws of Ine, Thorpe, i. 128.)
page 270 note b See La3amon's Brut, ed. Madden, i. 1.
page 270 note c Idem, i. 174.
page 270 note d Idem, i. 258.
page 270 note e Lew, hlæw, Ang.-Sax., or lhæw, Celtic, a tumulus; so called, doubtless, from the barrow raised there over a chieftain, who probably fell at the battle between Cynegils, King of Wessex, and the ancient Britons in 614. (Sax. Chron.)
page 270 note f Rot. Parl. vi. 273.
page 270 note g The pedigree of the Horde family is given in Nichols's Topographer and Genealogist, vol. i.
page 271 note a The arable land to the yard varies from 24 acres to 28¾ acres, or perhaps rather more, according to the quality and situation of the parcels. See Gent. Mag. Dec. 1849, p. 592.
page 271 note b From 
Ang.-Sax. an ox. At Glastonby in Kent this proportion of 1 horse to 2 cows obtained (Nelson, Lex Manierorum, App.).
page 271 note c Reference to the common-meadow is made in the laws of Ine, to the common-pasture in the laws of Eádgar, and the “hide-mead” near Winchester is mentioned in Æthelstan's time. (Thorpe's Ancient Laws, and Grafton's Chron. i. 118.)
page 271 note d From estoffer, Fr. to furnish.
page 271 note e Vicos locant …. Suam quisque domum spatio circumdat. (Tacitus, De Moribus Germ.)
page 271 note f These rights were attached to the manor of Corton. See Nichols's Topographer and Genealogist, vol. i.
page 271 note g See ante.
page 271 note h Inquisition anno 2 Edw. III. No. 37, Tower, of London.
page 271 note i Inquisition anno 41 Edw. III. No. 1.
page 272 note a Inquisition anno 36 Edw. III. No. 54 b. As this document puts us in possession of the value of land, and of the amount of charges upon it at that period, I annex an abstract of it. Thomas Talbot, clerk, died that year, jointly feoffed with 2 others, of the manor of Bampton, with divers houses, a barn, pigeon-house, water-mill, and 3 carucates of land containing together 196 acres of arable land, sown twice in three years, with 60 acres of separate meadow, in hand from Candlemas to Hayharvest, and afterwards held in common; moreover a separate pasture from the Annunciation to Michaelmas, worth 13s. 4d. The arable land was valued, when sown, at 4d. per acre, and the pasture at 1s. per acre. The dues received were certain cocks and hens, called here “Church-shet” (Church-scot, ciric-sceat), value 6s. 8d. per annum, payable at St. Martin's feast, 40d. called Candlemas-eve money, on the Purification, and 5s. “herth-money” at Pentecost. The rents and services of the tenants are valued at 26l. 2s. per annum, to be paid, at St. Thomas the Apostle 71s., at the Annunciation 4l. 13s. 4d., at St. John the Baptist 6l. 17s, and at St. Michael's 11l. 0s. 8d. The value of the view of Frankpledge at Hockday and Michaelmas 100s. Placita et perquisita of the hundred, hallmote, toll and market, 23s. 4d. The whole was held from the King in capite, by charter, at one knight's fee.
page 272 note b Spelman, quoting Fleta, Glossar. Par. Antiq.
page 272 note c Essarts or assarts, (exaratœ, equivalent to estovers,) “acræ terræ projectæ de silvâ.” (MS. 38, Soc. Antiq.) Every freeholder, however humble, was allowed these forest rights on bis own land.
page 272 note d It is possible, however, that weald is derived from “weallan,” Ang.-Sax. furere, bullire, for the Domesday Book gives a considerable return “de pasnagio et salinis de Wic” at Bampton. The “Salinarii” were wallers or boilers of the salt. (Ellis. Introduction to Domesday.) In this case, however, there must have been extensive woods to supply the fuel for boiling the salt brine.
page 273 note a Thorpe, Ancient Laws, i. 145.. 8vo. ed.
page 273 note b In the reign of Edward III. a rent of 2s. per annum was received by Peterborough Abbey “pro uno messuagio in Eston, Kent, et una virgata terræ ad ilium messuagium pertinente.” (MS. 38 Soc. Antiq. p. 127.)
page 273 note c Thorpe, i. 147.
page 273 note d Inquis. 41 Edw. III. 2d nrs. No. 1.
page 273 note e Inquis. 2 Edw. III. No. 37. In the Liber Niger of Peterborough Abbey, published by the Camden Society, we find the husbandmen who paid a small rent for their yards of land, in lieu of the more laborious personal services, were called “semi-villani;” a distinct class, however, from the cotsetlas, in that document at least.
page 273 note f By the custom of the manor the tenant's widow had “an estate’ in the land—a remnant of feudal times. Consult Nichols’ Topographer, vol. i. page 45.
page 274 note a A specimen of a copy of the Court-Roll anno 1481 is annexed:—
“Aston in Bampton.—Ad curiam ibidem tentam die Veneris, sexto die Aprilis, anno regis Edwardi Quarti vicesimo primo, irrotulatur sic: ‘Ad hanc curiam. venit R. W. et cepit de domino unum messuagium, unum toftum et duas dimidias virgatas terrse cum suis pertinentibus, vocatas Doddes et Wilderes, habenda et tenenda sibi et suis secundum consuetudines manerii, perreditum, onera, consuetudines, et servitia inde prius debita et de jure consueta: Et dat domino de fine, tam pro licentia faciendi subtenementurn, quam pro tali ingressu inde habendo, xx denarios, proviso semper quod dabit domino, nomine heriotti, quum accident, xx denarios: Et fecit fidelitatem, et admissus est inde tenens.’ ”
page 275 note a At Whittlesey, in the Isle of Ely, a custom prevailed for the major part of the freeholders and copyholders to meet annually on the Sunday next after the Feast of St. Martin, and to choose two fit persons to superintend the public business, and to provide a common bull, for which they were to enjoy a pasture of four acres, called the bull's grass. (Nelson, Lex Maneriorum, fol. 1726, App. p. 28.)
page 275 note b Inquis. p. 2 (1st nrs.), No. 54 b. dorso.
page 275 note c The following is the description of the mode of allotting the common meadows by Dr. Giles (History of Bampton):
The common meadow is laid cut by boundary stones into 16 large divisions, technically called “layingsout.” These always remain the same, and each laying-out, in like manner, is divided into four pieces called “sets,” first set, second set, third and fourth set. Now, as the customs of Aston and Coat are based upon the principles of justice and equity between all the commoners, and the common meadow is not equally fertile for grass in every part, it becomes desirable to adopt some mode of giving all an equal chance of obtaining the best cuts for their cattle. To effect this recourse is had to the ballot, and the following mode is practised. From time immemorial there have been sixteen marks established in the village, each of which correspond with four yard-lands, and the whole sixteen consequently represent the 64 yard-lands into which the common is divided. A certain number of the tenants consequently have the same mark, which they always keep, so that every one of them knows his own. The use of these marks is to enable the tenants every year to draw lots for their portion of the meadow. When the grass is fit to cut, which will be at different times in different years according to the season, the grass-stewards and sixteens summon the tenants to a general meeting, and the following ceremony takes place. Four of the tenants come forward, each bearing his mark cut on a piece of wood, as, for example, the “frying pan,” the “hern's foot,” the “bow,” the “two strokes to the right and one at head,” etc. These four marks are thrown into a hat, and a boy, having shaken up the hat, again draws forth the marks. The first drawn entitles its owner to have his portion of the common-meadow in “set one,” the second drawn in “set two,” etc. and thus four of the tenants having obtained their allotments, four others come forwards, and the same process is repeated until all the tenants have received their allotments. The most singular feature of this very intricate system remains to be told. When the lots are all drawn, each man goes armed with his scythe and cuts out his mark on the piece of ground which belongs to him, and which in many cases lies in so narrow a strip that he has not width enough to take a full sweep with his scythe, but is obliged to hack down his grass in an inconvenient manner as he is best able.
page 276 note a The Gebuhr, on taking to his yard-land, had 6 acres laid down for him, and 2 oxen, 1 cow, and 6 sheep were given to him. His rent was 10d. at Michaelmas and 23d. on Martinmas, a bushel of barley and 2 fowls at Easter, and a young sheep; but, as is expressly stated in the document, the customs varied at different places.
page 276 note b The “Bee-furlong” is found in the Cote terrier.
page 276 note c Who may be termed the Pork-butcher.
page 277 note a Laws of King Ine, Thorpe, i. 145.
page 277 note b The farundel is spelt indifferently farundel or varundel in the old writings. The “farriery furlong” is still known.
page 277 note c Charter Roll 33rd year Hen. III. mem. 5.
page 277 note d There sold in quarters and half-quarters of a cwt. (Nelson, Lex Maner.)
page 278 note a Mr. Horde's Accounts; and Inquis. Thomæ Talbot, cler. 36 Edw. III. p. 2, No. 54 b. At a still earlier period fallow every second year was not uncommon. (See also Ducange, Gloss, voce Carucata.)
page 278 note b Thus Mr. Horde values “22 acres in the Holiwell field at 10s. per annm. 2 years sowed in 3, comes to pr. annm. but £8.”
page 278 note c Rectitud. Sing. Pers., last art.
page 278 note d At the same time it is right to state that the present distribution of the lands over the common fields completely prevents any material improvement in the mode of cultivation, limits the employment of labour, and, of course, renders cross-ploughing impracticable.