‘Tipling’, ‘idle life’ and ‘common badgers’

Katharine Schofield and Hannah Salisbury

This year, for the first time, we are running a workshop on our Quarter Sessions records. These records provide fascinating glimpses into hundreds of years of the past, and we are fortunate in Essex that our Quarter Sessions records are among the earliest and most complete in the country, dating back to 1555. So much of human life is to be found within these rolls and bundles of documents, and they can provide much of great value for social historians and potentially for genealogists.

Quarter Sessions records come in all shapes and sizes

Quarter Sessions records come in all shapes and sizes

Later records were bound in volumes rather than stitched into rolls

Later records were bound in volumes rather than stitched into rolls

The roots of the Quarter Sessions can be traced to 1361 when the office of justice of the peace was created to maintain local law and order. By the end of the 14th century they had started to meet quarterly to dispense justice, and these meetings became known as the Quarter Sessions. In addition to their legal duties, the justices soon began to acquire responsibility for other aspects of local life, becoming a centre of local government, until the establishment of the County Council in 1889.

The records created by the Quarter Sessions encompass a huge range of topics, from the licensing of alehouses and printing presses, the maintenance of roads and bridges, the planning of railways and canals, to the prosecution of crime and the running of gaols and houses of correction. (We have mentioned before the Quarter Sessions records which record all public officers.)

Delving in to these records, you might come across the likes of Henry Adcock (alias Cole) of Birdbrook, who was indicted in 1584 for keeping ‘a common house of tipling’, and for allowing Robert Brown, William Butcher, Henry Hempsted and others ‘of evil conversation and idle life’ to play unlawful games, namely ‘cards, tables and quoits’ (Q/SR 90/43). Alehouse keepers were required to take out a bond (called a recognizance) to guarantee good behaviour in their alehouse. To operate without a licence, or break the terms of the licence, left you open to prosecution.

Likewise, the Quarter Sessions tried to keep order amongst food dealers, such as badgers, laders, kidders, carriers of corn, fish, butter or cheese, and cattle drovers. Badgers, kidders and laders were dealers in food which was purchased in one place and carried for sale to another. Like alehouse keepers, these people were required to have licences from the Quarter Sessions, and could be prosecuted if they did not. At the Epiphany 1686 Sessions John Chalke of Leaden Roding and John Green of Moulsham, were indicted ‘both for Common badgers’ (Q/SR 449/46).

Part of the intention was to prevent food dealers from ‘engrossing’ (buying standing crops),forestalling(buying goods on the way to market) orregrating’ (buying at market for resale). The Sessions Rolls include many prosecutions for these crimes. The presentments made by the jury for the Hinckford Hundred at the Michaelmas 1588 Sessions included Richard Walford of Castle Hedingham who ‘doe forestall and buy hogges and sell the bacon at an excessive pryce contrary to the lawe’ (Q/SR 106/33).

On a journey into these records you might also find traces of those who were registered to vote or obliged to pay certain taxes. Under the Game Duty Act, from 1784 ‘every person qualified in respect of property to kill game’ had to register their name and abode (Q/RTg 1-4). Likewise, from 1795 persons using hairpowder were obliged to take out an annual certificate with a stamp duty of 1 guinea (Q/RTp 1-3).

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Register of those who were licensed to use hair powder in the 1790s

To discover more of these stories for yourself and find out how you could use these records in your own research, come along to Discover: Quarter Sessions Records on Wednesday 11 May, 2.00pm-4.00pm. Tickets are £10 and places are limited, so please book in advance on 033301 32500.

Common scolds, evildoers and hedge maintenance – the lives of ordinary Essex people as told by manorial court rolls

Following our recent post on what a manor was, Archivist Katharine Schofield takes a more detailed look at manorial court rolls. You can find out more about manorial records and how you can use them in your own research at Essex through the ages: tracing the past using manorial records on Saturday 12 July 2014.

The majority of manorial records in the Essex Record Office are the records of the manorial courts, which are among the most important sources for medieval social and economic history.

Their greatest importance is in recording the lives of the ‘ordinary people’ of the county; in the years before parish registers began to be kept in 1538, these might be the only records in which a relatively ordinary person might appear. Some of the Essex manorial rolls also contain evidence of events of national significance, such as the Black Death of 1348-1349 and the Peasants’ Revolt of 1381.

The manor courts dealt with everything from maintaining hedges and ditches to keeping the peace when disagreements (and sometimes violence) broke out amongst the manor’s tenants.

The court was presided over by the lord of the manor, or more usually by his steward. The records were kept in Latin until 1733, but if you don’t read Latin don’t let that put you off; the later material is in English and these records are stuffed full with fascinating details of daily life in the past.

The earliest records are rolls made up of membranes of parchment stitched together at the top.  Although these records are cumbersome and unwieldy to use today, this was the quickest and easiest way to maintain a working accessible record

The earliest records are rolls made up of membranes of parchment stitched together at the top. Although these records are cumbersome and unwieldy to use today, this was the quickest and easiest way to maintain a working accessible record

There were two types of manorial court, the court baron and the court leet, although the earlier rolls do not distinguish between the two. Broadly speaking, the court baron dealt with matters pertaining to the administration of the manor, and the court leet handled minor criminal offences.

The court baron

The court baron handled the administration of the manor, including customs (such as the use of common land for pasture, and maintaining buildings, paths and hedges), settling disputes between tenants, enforcing the rights of the lord and any infringements, and on occasion requiring the lord to fulfil his obligations towards the tenants.

The court rolls record fines levied on tenants for breaking the rules of the manor, such as trespass against the rights of the lord or other tenants, or failing to keep roads, paths and ditches clear. In Writtle in 1452 for example, seven animals of John Croucheman strayed on to the land of another tenant and ate two haycocks (a small cone-shaped pile of hay left in the field until dry enough to carry to the rick or barn), and in 1477 two tenants of the manor of Great Burstead were fined for leaving dung in the main street of Billericay in front of the chapel. There were also cases where tenants were bound to keep the peace towards each other and occasions where women were presented as a ‘common scold’.  At High Roding in 1525 Agnes Norwood was presented as a scold and disturber of the peace and no tenant was to allow her to live in their house on pain of a fine of 3s.4d (D/DU 886/3).

Extract from court roll of High Roding, 1525 (D/DU 886/3), in which Agnes Norwood (you can read her name in the third and fourth words on the first full line shown) was denounced as a scold and disturber of the peace. She had been living in the house of John Baker – you can make out his name in the third full line shown.

Extract from court roll of High Roding, 1525 (D/DU 886/3), in which Agnes Norwood (you can read her name in the third and fourth words on the first full line shown) was denounced as a scold and disturber of the peace. She had been living in the house of John Baker – you can make out his name in the third full line shown.

The rolls also record the customary fines tenants owed.  These included ‘chevage’, the right to live outside the manor. In 1356, for example, a tenant of the manor of Bulphan paid 6d. for a licence.

The court baron was also responsible for the appointment of various officers, including the reeve who would collect rents and ensure that the tenants fulfilled their obligations, and the haywards and woodwards who were responsible for the maintenance of hedges, fences and woods. By the 16th century this business had become much less important.

The deaths of tenants and admissions of new tenants to land were also recorded by the court baron. The lord was entitled to the payment of a ‘heriot’ (usually the best beast) on the death of a tenant and an entry fine by the incoming tenant. Tenants of manors were described as ‘copyholders’ as they held land by copy of the court roll. Copyhold land could be bought and sold and left by will and many hundreds of copyhold deeds survive in the Essex Record Office. From the 16th to the 20th century most of the business of manorial courts related to the recording of admissions and surrenders of copyhold land. With the decline and eventual cessation of this type of landholding in 1922, the business of the courts baron ceased.

The court leet

The court leet was the lowest court of law enforcement and dealt with minor offences, such as nuisances, affray or assault, selling faulty goods, using false weights and measures, playing unlawful games, keeping disorderly alehouses, disturbing the peace and keeping inmates and vagabonds.  The court was also responsible for the election of the constable.

The court leet was also where the lord of a manor would hold something called ‘the view of frankpledge’. Many, but not all, manorial lords had the right to do this.  This was a practice with Anglo-Saxon origins.  All able-bodied men in a manor were grouped in tithings (roughly 10 men).  All the men of the tithing were bound in mutual assurance to observe and uphold the law – if a member of a tithing broke the law then the rest were obliged to report the crime and deliver the culprit to the constable.  Failure to do this would result in everybody in the tithing being fined.  If the lord of the manor had the right to hold the view of frankpledge then the chief man of each tithing (called variously tithing men, headboroughs, decenners or capital pledges) would report to the court leet to represent his tithing.

Tenants could also be fined by the court for failing to obey the law. Offences included keeping unlicensed alehouses, not practising archery (all men were required by law to practise their archery so their skills could be drawn upon in times of war), and playing unlawful games; in 1564 and 1565 14 men in Ingatestone were each fined 4d. or 8d. for bowling.

There were also more serious crimes, including cases of assault. In 1467 Thomas Hurst of West Hanningfield was fined for breaking into his neighbour’s house by force, taking his goods and claiming him to be outlaw. In 1472 in Earls Colne a mob of gathered with bows, arrows, pitchforks and other weapons and broke into the houses of three tenants, dragging one out in his shirt, and beating them severely. You can read a full translation of the passage here.

Extract from D/DPr 69, a court roll from Earls Colne, which describes a serious assault. The court seems to have given up trying to translate ‘pitchforks’ into Latin, and written it as ‘pycheforkes’ (underlined in red).

Extract from D/DPr 69, a court roll from Earls Colne, which describes a serious assault. The court seems to have given up trying to translate ‘pitchforks’ into Latin, and written it as ‘pycheforkes’ (underlined in red).

During the 16th century most of the legal cases were being dealt with by Quarter Sessions and by the 17th century the court leet had no significance and rarely, if ever, met.

Whether you are interested in using manorial records in your own research, or just want to enjoy hearing experts talk about them, join us for Essex through the ages: tracing the past using manorial records on Saturday 12 July 2014 to find out how you can discover centuries of Essex life using these fascinating documents. There are more details, including how to book, here.

The lives and times of the High Sheriffs of Essex

Today at ERO, we welcomed a number of High Sheriffs of Essex, past and present, to a reception hosted by Cllr Kay Twitchen, Chairman of Essex County Council, to mark the deposit of a unique set of records.

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One of the High Sheriff’s journals which has been deposited at ERO

Would you like to know where to find a trumpeter, or how much it costs to put on a good garden party, or how to deal with a really cold judge?  These and other more serious questions will soon have better answers thanks to the High Sheriffs of Essex.

When asked to think of a sheriff, our mental picture library might supply a greedy, grasping figure (possibly played by Alan Rickman), predictably defeated by the rather less interesting forces of goodness and virtue.  Beyond that, usually, nothing.  Considering that with the exception of the Crown itself the shrievalty is the oldest public office in England, this is a pity, but it is about to become less true.

High Sheriffs past and present gathered at ERO, hosted by Cllr Kay Twitchen (in red jacket)

High Sheriffs past and present gathered at ERO, hosted by Cllr Kay Twitchen (second from right)

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Former High Sheriffs looking at documents relating to the history of the role which are held at ERO

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The High Sheriff of Essex for 2014, Mr Nicholas Charrington (centre)

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Looking in one of our storerooms to see the conditions in which the journals will be kept

The post of High Sheriff dates back to before the Norman Conquest. The origins of the post are in Saxon times – the title of ‘reeve’ was used for senior officers with local responsibility to the king within the shire, and over time ‘shire reeve’ became ‘sheriff’.

In Anglo-Saxon England the sheriff was responsible for the maintenance of law and order through the system of tithings, groups of approximately 10 men who were bound together in mutual assurance. All able-bodied men aged 12-60 had to belong to a tithing, and each man in the group was responsible for the good behaviour of each of the others. They were bound to observe and uphold the law; if a member of tithing broke the law then the others were obliged to report the culprit and deliver him to the constable, failure to do this would result in everybody in the tithing being fined. The sheriff was responsible for inspecting the tithings (although after the Norman Conquest many lords of the manor acquired the right to do this for themselves).

Under the Norman regime the sheriff was the means of enforcing (literally) the King’s writ in the localities, with the authority to summon the posse comitatus (county force or power) to help maintain law and order. The sheriff discovered criminals and delivered them to the royal courts for judgement and executed writs issued by the Crown. In addition the sheriff supervised Crown lands in the county and handed over the revenue to the Exchequer and he could also compulsorily requisition food and supplies for the King (e.g. to fight war). With no oversight from central government, these powers could give the sheriff opportunities for extortion and corruption (hence the Sheriff of Nottingham).

The sheriff also presided over the shire court (the shire courts along with the hundred courts are thought to be one of the means by which Domesday Book was compiled in 1086). From the mid-13th century knights of the shire were elected in the shire court to sit in Parliament and coroners were also elected there. The last duties of the shire court only passed to county courts in 1886 with the County Courts Act.

The medieval sheriffs were also over-burdened with routine business (they have been described as ‘workhorses’ of medieval local government) which meant that law enforcement could be patchy and on occasions arbitrary. As early as 1327 ‘good and lawful men’ were appointed in every county to ‘guard the peace’, called conservators or wardens of the peace and in 1361 justices of the peace were created. In the 1540s lord lieutenants were appointed to take over the military duties of the sheriff.

By 1881 when the High Sheriffs of Essex started to keep the record books which are being deposited with ERO, they had long given up persecuting peasants.  Their real powers and duties were, in fact, quite limited.  This makes their later history a fascinating parallel to that of the monarchy itself: an exercise in finding new roles, while still keeping up appearances.  This was not always easy.

Essex County Council, 1892. Andrew Johnston, the Council's first Chairman and the High Sheriff who began the journals, is in the top centre of the photograph, sitting aside the cannon which used to be outside Chelmsford's Shire Hall

Essex County Council, 1892. Andrew Johnston, the Council’s first Chairman and the High Sheriff who began the journals, is in the top centre of the photograph, sitting aside the cannon which used to be outside Chelmsford’s Shire Hall

At first they were concerned especially with the expenses of an un-salaried office set about by all sorts of costly ceremonies (hence the trumpeters, part of the formal escort provided by the sheriffs for the assize judges when they visited Chelmsford).  From about 1890, however, sheriffs started to write more general reflections on their year of office.  In 1916 one sheriff’s car broke down on the way to the assizes, leaving him and his chaplain to complete their journey to Chelmsford ‘in an open hawker’s cart’.  In 1959, when the hot water system at the judges’ lodgings failed during the Winter Assizes, the High Sheriff ‘nearly had [his] neck wrung’, the judges threatened to leave for London forthwith, and the sheriff ended up having to stoke the boiler himself.

Even so, during the 20th century the sheriffs were able to simplify many of their office’s remaining ceremonial duties and to develop a new social role.  Today’s High Sheriffs continue to attend on visiting High Court judges, and, together with the Lords Lieutenant, to act more generally as the Crown’s local representatives, especially, in their case, in areas of crime and punishment.  They also work to promote the voluntary sector.  A mainly symbolic role, maybe, but who says that symbols are not important?