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Nutting was rather a pastime, or holiday-task, than a service. The nutting expeditions at Wickham, in Essex, were to be made on three feast-days, which are not named, but HolyRood day, the fourteenth of September, may have been one of them. The editors of the “ Popular Antiquities” cite the old drama of " Grim, the Collier of Croydon"
“This day, they say, is called Holy-Rood Day,
And all the youth are now a nutting gone." To make malt for the lord was usually the chief service of the poorer tenants in the immediate neighbourhood of a monastery, as at Darent and other places near Rochester, and at Battle; tenants at a distance, instead of making malt, in some places paid a tax called malt silver. The cottagers carried their lord's malt to the flour mill to be crushed, for they were not allowed to keep hand mills or morters, which might be used in grinding corn. The malt might be dried at home, for kilns were common in old houses, but in some manors the lord had a public kiln, which the tenants were bound to make use of.*
A tenant under the ban of a soke-mill who withheld the service due to it, or followed another mill, had to pay a fine and forfeited his horse and his sack with the corn or flour in it. Almost all mills in France and Scotland were banal, but in England soke-mills were not very common. At Wryngton, in Somerset, the customary tenants were held to grind their grain at the lord's customary mill, or to pay an annual fine: a yardlander, or tenant of about thirty acres, paid two shillings and eightpence, a tenant of three parts of a yardland paid two shillings, a tenant of half a yardland paid sixteenpence, a tenant of a quarter of a yardland paid eightpence, a cottager of ancient tenure paid fourpence. Tenants were usually required to repair the soke-mill and
* Debet triturare contra Natale Domini in orreo Domini sui üi quart' orde et faciet inde brasium ad domum suam et siccabit et postea cariabit ad molend' ad moland' et de molend' ad pistrinum domini sui. (2 Hundred Rolls, 539.) dabit iii gallinas quæ vocantur Malthennes. (541.)
its dam, and to fetch new mill-stones whenever they were needed. *
The most irksome tasks were the transport services, called in Scotland the duties of arriage and carriage. Old Skene tells us that
Arage, vtherwaies average, is from Aver, which signifies ane beast .. . and swa consequently average signifies service the tennant aucht to his maister by horse or carriage of horse
We read likewise of fotaver, averagium ad pedes-of a man bound averare super dorsum suum—and of tenants called pouchers-pokaveragii, because they were required to carry goods in a poke, pouch, or bag.
A seam-summa—the load of a sumpter-horse--summarius -was usually eight bushels—the weight of a sack of wool, or of a quarter of corn ; but in some places an average or horseload was no more than six bushels. The custom of the gavelmen at Southfleet was as follows-if the lord wished to send corn to London they came with their avers and sacks to the granary of Southfleet, and each of them took three-quarters of a seam, or six bushels, and carried it to Gravesend, Northfleet, or Greenwich, and put it on board ship in their own sacks; if the sack of any one of them was lost he was not
Si quis autem de prædicta soca renuerit venire ad prædictum molendinum, et repertus fuerit veniens ab alio molendino non solito, saccus et bladus et equus et forisfactum erunt canonicorum. (6 Monasticon, 204; also 399.) tenentes custumarii tenentur molere grana sua ad molendinum Domini consuetum vocari Benemylle modo in tenura Edmundi Leueregge Ferdellarii, aut solvere redditum annualem in denariis, ut sequitur, viz. quilibet virgatarius iis viiid. Triferdell' iis dimid' virgat' xvid. Ferdell' viiid. et cotarius antiqui astri iiiia. (Hearne's John of Glaston., 353.)
The hardships of living under the ban of a mill in Scotland are described in the Monastery, chap. xiii.
† Qui non avrant faciunt fotaver. (Dom. S. P.3, 6.) debet unum averagium ad pedes. (83.) debet averare super dorsum suum quandoque placuerit domino. (Harl. 3977, f. 100.) Pokaveragii. (f. 37. b.) qui tenent pokeaver. (f. 38.)
On the first spring-tide after the 24th of June, the poor who possess neither cart nor horse have the exclusive right to cut vraic (=wrack, seaweed] on consideration that it is conveyed on their backs to the beach
Thus cut and conveyed it is called vraic à la poche, and distinguished from vraic à cheval. (Channel Islands' Agri. Report, 275.)
bound to do arriage until the lord had replaced it.* A wain-load was apparently nine seams. The goods carried were chiefly provisions-grain, pulse, malt, honey, bacon, suet, salt, and wood. A castle or monastery was farmed—that is supplied with food—by the nearest manors belonging to the lord. The farming was done according to a regular cycle, each manor sending supplies in its turn for so many days or weeks. We have a list of thirty-five villages which took turns to farm Ely Minster-some for three or four days, some for a week, some for a fortnight. In the Rochester Custumal we have the order in which the neighbouring manors are to do the farms for Rochester; the first month of Southfleet beginning on Michaelmas-day, the month of Wouldham on the eve of St. Simon and St. Jude, the first fortnight of Stoke on the eve of St. Katherine, and so on through the thirteen lunar months—the catalogue ending with the third month of Frindsbury, which began on the eve of St. Giles the Abbot, and ended on the eve of Michaelmas.
Everything contributed in this manner did not travel in waggons, or packs and panniers; oxen and swine were driven to the head of the barony to be slaughtered, especially at Martinmas; if the drovers came from any distance they received drove-meat.t Arriage and carriage were not very burdensome when fulfilled by the removal of so much wool, or cheese, or corn, or bacon, to a neighbouring town; but they became serious when a tenant had to ride or drive from the heart of England to the coast and home again. When fish was wanted at Rochester, the tenants of the four hydes of Hedenham and Cuddington, which are near Aylesbury, were called out; two of the hydes brought the fish from Gloucester into Buckinghamshire, and the other two hydes carried it on to Rochester :* it is likely that they were sent to fetch the dainty lamprey, still sought for at Gloucester. The langerodes, or long journeys,f were very troublesome to the tenants, but could not be dispensed with while there were no regular mails, and no public conveyances. undertaking a langerode either received some remuneration or worked out his rent by serving as a carrier; in general he was not inclined to leave his home and farm, and found it more convenient to pay the price of the service, which enabled the lord to find another carrier. No services were more frequently commuted than the duties of arriage and carriage, and a body of professional carriers was gradually formed by the habit of constant commutation.
* Sunt viïss Averag' que continent cccxxxvii summas ordei videlicet vi buss' pro averag'. (Add. 6159, f. 25.) Debent et hanc consuetudinem gavelmanni de Subtfliete. Si dominus voluerit mittere Londonias venient cum averis suis et saccis ad granarium de Suhtfliete, et accipiet unusquisque tres partes summe. (Cust. Roff.)
† Inprimis Scelford duarum solvit firmam ebdomadarum, Stapelford unius, Litleberi duarum. (Hist. Elien. II, 84.) debet cariare lanam aut caseum domini ubi necesse fuerit in eodem comitatu vel apud Winterborn vel apud Merlebergh. (Add. 17450, f. 25.) debent droviare scilicet fugare animalia. (f. 45, b.) fugabit et habebit Drofmete. (ff. 126, 134, b.) pro animalibus fugand' Cant ad lardar' ad festum Sancti Martini vüia (Add. 6159, f. 41, b.) Bestes thai brac and bare;
Martirs as it ware,
(Sir Tristrem, I. 42.) Instead of the last word we should read brought. The meaning appears to be that the hunters divided the deer into quarters, as though they were Martinmas beeves, which the tenants had brought in.
We shall attempt to describe the grand operations of tillage, of the corn and hay harvest, and of sheep-shearing in another number.
ART. II.-PRISON DISCIPLINE: THE PRESENT
STATE OF THE QUESTION. BY PROFESSOR
MITTERMAIER. THE question as to the prison discipline best suited for the
attainment of the desired end, has latterly assumed a substantially different aspect, so that we may now begin to
Custumale Roffense. † Unum averagium debent in anno quod vocatur langerode. (Harl. 3977, f. 98.)
reckon on the possibility of arriving at a better understanding on the subject. The old disputed question, whether the systein of associated imprisonment, or that of solitary confinement, is to be preferred, and how the former might be amended, disappears, giving place to a general conviction, the result of recent investigation, that solitary confinement must be recognised as an indispensable part of all prison discipline. The question at present is rather whether solitary confinement should be adopted as the general and only system in carrying out the entire execution of sentences of imprisonment, or whether it should be employed only for a part of the sentence. Thus, all criminals being condemned to solitary confinement, though only for a term, that term might be either fixed by law, or it might be left to the discretion of the prison authorities to decide when it might be desirable to admit the convict to associate with other prisoners. The views existing at present in Germany, Switzerland, and Italy, will be best seen by treating
1st. Of what has been effected by philosophical inquiry.
I. It must be acknowledged that, in all recent philosophical and legislative inquiry on the subject of prison reformation, it is important to duly test the results of the methods adopted in England and Ireland. With regard to England, the recent reports and writings of Sir Joshua Jebb, (“ Memorandum on Different Questions Relative to the Management and Disposal of Convicts :” London, 1861, have been consulted. In Germany especially, Sir Joshua Jebb’s labours in prison reformation are highly appreciated. Still, in his late publication he makes important acknowledgments, e.g. p. 21, on the danger attending the admission of prisoners to intercourse with others, even after long isolation, and on the great difficulty of laying down a discipline offering sufficient guarantee. It is to be regretted that Sir Joshua Jebb should be so decidedly opposed to the Irish, or intermediate system, and