Millstones stolen and Prior's dog killed (1258)

Post date: Jul 03, 2012 8:26:27 PM

The following is an extract from the 1258-9 Eyre of Surrey and Kent as transcribed and translated (from Latin), published by Surrey Record Office in volume XXXVIII, 2004.

The Prior of Leeds complains against Batholomew de Wateringbury that whereas they hold a watermill in Wateringbury in common and they both ought to collect the profits from the mill and likewise maintain it at both their costs, Batholomew collects half of all the profits from the mill [but] does not wish to maintain it. rather he recently seized and carried off the millstones and took them to another of his mills in the vill, to the prior's great loss. likewise he killed the prior's mastiff. He also seized the prior's carts carrying his tithes on Batholomew's fields and he emptied the grain in the carts and with these carts he has carted his grain , against the prior's will. Wherefore, he says he has suffered damage to the value of 40 shillings.

Batholomew comes and readily maintains that he did not carry off the millstones , since he says that the prior's serjeant sold them to him. He also says that he killed the mastiff because he found it to his loss , namely because it seized a rabbit from his rabbit-warren. He readily acknowledges that he carted his grain with the prior's carts, sine he says that the prior's serjeant lent him the carts. On this he places himself on the jury. The jurors say upon their oath that Batholomew committed all the transgressions against the prior. So it is adjudged that he shall satisfy him of his damages which were assessed by the justiciar at a half mark. He is in mercy for the transgression.

An 'Eyre ' was a judicial visitation . The 1258/9 Eyre by Hugh Bigod covered Surrey and Kent and throws light on the misgovernment of the country by the relations of King Henry III.

My thanks go to Chris Davies for pointing out to me that Leeds Priory also held a mill in West Farleigh, Tutsham Mill, in common (i.e. shared ownership) with a local person. Quitclaims dated 1279 exist in Medway archives (reference DRc_Rochester_Priory_and_other_Religious_Houses_1080_1542/DRc_T427_1 (and _2) referring to half a mill from James son of Gilbert of Tutsham to Stephen, Prior of Leeds. There is also a Feoffment dated 1287 (reference as above but _3) referring to half a watermill at Tutsham from Adam prior of Leeds to James son of Gilbert of Tutsham.