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History of Corn Milling: Feudal Laws and Customs

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Burt F ranklin: Research and Source Works Series #74 HISTORYF O CORN MILL ING VOL.II I This b ook is printed on paper with a longevity expectancy of three hundred years and with at least twenty-five per cent rag Content. | -| - - |- | HISTORYF O CORN MILLING VOL.II I FEUDAL L AWS AND CUSTOMS BY RICHARD B ENNETT AND JOHN ELTON WZZTA A AAEAVD/LY UPON STEAM AAVD AOLLEA2 AMILLIAWG BURT F RANKLIN NEW YORK Publishedy B BURT F RANKLIN 235 East 44th St. New York, N.Y. 10017 ORIGINALLY P UBLISHED LONDON - 1900 Printedn i U.S.A. PA R E F C E . WHILE t he two preceding volumes deal with the develop ment of milling appliances and processes, the present has for its subject the origin, progress, and supersession of the many curious customs and laws which for centuries environed mills conducted under feudal restrictions and regulations. The primary and main laws were those by which was established and maintained the right or privilege of milling soke; which gave to landowners, royal or otherwise, the sole power of building and working corn mills, and which bound the tenants on the lands to yield all their grinding custom to such mills. This privilege is shown to have been originated not by any statute, but purely by local manorial custom, and to have been perpetuated in virtue of such recognised custom, or, in other words, by common law irrespective of statute. Primarily, of course, no injustice was involved in tenants being compelled to grind at mills built especially for their convenience and comfort by the local capitalist and landowner, the manorial lord. But the necessity for the exercise of these philanthropic motives on the part of landowners early passed away, and in later ages soke mills were maintained by manorial lords solely as valuable sources of income. When matters had thus vastly changed their aspect, popular hostility to manorial mills very generally resulted in the astriction of tenants being allowed to lapse, and the special privileges of landlords being therefore perforce abandoned. Thus milling soke, as it came into existence without authority of statute law, terminated at length without statutory enactment of any kind; purely in accordance with the demands and the needs of modern times. Still, in even the present century there existed some few survivals of ancient feudal mills; and the final phase of milling soke is illustrated by accounts of the manner vii viii P REFACE. in w hich, at these places, claims that could not legally be contested were abolished by the expedient of pur chasing them and voluntarily abandoning them on behalf of the community. Many customs more or less curious naturally sprang up in connection with the maintenance of the privileges of soke mills during several centuries; and many local laws from time to time established to enforce the soke were confirmed in the various law courts of the realm. Various usages relating to the ordinary conduct of the trade concurrently arose, and both of these classes of customs affecting the maintenance and working of feudal mills we have endeavoured to trace down to modern times. A variety of matters relating to the lowly condition of the medieval craft are utilised to indicate the difficult condition of affairs under which the old-time miller pursued his calling; not least of which was found in the slanderous and ill-natured odium cast upon him ordinarily —and, as we endeavour to show, frequently unreasonably and unjustifiably—by the poorer consumers of the scanty grain supply of those early days. It had not been our intention to pursue the subject of the development of appliances and mills, treated of in the earlier volumes, beyond the stage of grinding by the natural forces of water or wind; but in view of the lack of any existing history of the introduction of steam and roller mills, we have been induced to append to the present volume some brief synopsis of the facts relating to the origin and development of each of these modern perfections of milling resources. 19 B runswick Street, Liverpool, March 1900. CONTENTS O F VOL. III. CHAPTER 1 . OF K ING'S MILLS. Page Introductory . .. Ardee m ills ... Ruthin m ill IO Alienations -- - ** * I I Minor s peculative purchases 25 | 26 Mills h eld by James I. CHAPTER I I. OF M ONASTIC MILLS. Popular b equests 47 Sacerdotal v alue 49 Grants 5 I Purchase 53 Tithes... 55 Leases 59 6 I Relics... - Templar m ills 62 CHAPTER I II. OF P RIVATE MANORIAL MILLS. Toll a nd hopper freedom 66 Privileges o f lords 68 CHAPTER I V. OF O WNERS AND LESSEES. Proprietary s hares Repairs •** --- Accounts o f Royal bailiffs Working p lant Seizures f or debt Millstone q uarries Cost o f stones Carriagef o stones 9 Services o f tenants CONTENTS. CHAPTER V . THE M ILLER AND HIS MEN. Page Lowly m edieval status Io6 Slandersn o the craft 1 o '7 Guilds - - io9 Sworn k eepers 126 Knavesr o servants... - - - - * * 127 Travellers a nd carriage of material 132 Saints' d ays and Sundays . 138 “The m iller's thumb" I43 Time a llowed for grinding... I47 l The t oll-dish * -- 148 Tolln i grist... I53 166 Tolln i money - -- Trading p rohibited... 168 | Boltingr o sieving ... 171 i Regrinding . .. I74 CHAPTER V I. COM1'ULSORY P ESAGE, OR WEIGIIING OF GRAIN. In L ondon ... 177 In F rance 185 CHAPTER V II. PUNISHMENTS O F MILLERS. Manorial p enal laws 188 I9o The p illory ... - - The h urdle ... - -- I93 A L ondon miller sentenced I95 Capital p unishment at Dublin 198 i 2OO Later l eniency - - CHAPTER V III. MILLING S OKE Originf o the term . 2O2 The S oke * * * - - - 203 Established b y manorial law 2O4 206 Early i nstances - -- 2 I 2 Additional m ills - Disputes a s to ownership ... 215 Convenience o f tenants 218 oMills t be sufficient 219 Recalcitrant t enants 22O I Modern e nforcement 224 CONTENTS. CHAPTER I X. THE S OKE of BouGHT CORN. Page Generally c laimed ... 236 Exemptions b y charter 236 An a pparent fraud ... 24o | Medieval c ustom 24 I Modern u sage 243 CHAPTER X . SPECIAL E XEMPTIONS FROM SOKE. By g rant or charter... 25o By p urchase 252 CHAPTER X I. EXTINCTION O F SOKE AFTER PURCHASE. A v alueless soke at Rossendale 254 King's m ills, Leeds... 256 King's m ills, Wakefield --- 257 263 King's m ills, Bradford ... - - - i Grammar s chool mills, Mancheste 27o APPENDIX A . STEAM - M .ILLS. Engine u sed for pumping ... 283 Albion m ills, London 284 : Liverpool 293 APPENDIX B . ROLLER-MILLS. Embryo r ollers 296 First p atents 297 Early f ailures 298 The S ulzberger system 299 Pesth W alzmuhle 302 The B uchholz system 3o4 The O exle system ... 306 The W egmann system 3o7 307 The S imon system ... - Vernon's m ill, Birkenhead. 308 In t he United States 315 LISTF O ILLUSTRATIONS. Abandoned w indmill on ruins of St. Benet's Abbey, Norfolk - --- --- - -- - - - F RONTISPIECE King's mill, Ruthin ... - - - ** * -- - ... TITLE-PAGE Page fDeed o grant to Pluscardyn Priory, 1237 - - - --- ... 56 House marked with Templar cross, Leeds - - - --- ... 63 Trademark: sixteenth century ... - - - - - - - - - ... I 32 “The miller's thumb” (Cottus gobbio) ... - - - - - - ... 143 Sketch by J. Constable, R.A. ...: --- - - - - - - ... 144 Miller, with pick and sieve - -- --- - - - - - - ... 172 Brass plate of bolting-cloth maker (1678 - - - - -- ... I 74 The pillory: thirteenth-century sketch ... - - - --- ... I 92 The hurdle: thirteenth-century sketch ... - - - - - - ... 195 Queen's mills, Bradford ... - - - - - - - - - -- - ... 269 River Alt, Manchester ... * ** -- - - - - - -- ... 281 Frauenfeld roller-mill, Switzerlan --- -- - - - - ... 3oo One of Sulzberger's drawings ... - - - - - - - - ... 302 Radford's Albert mill, Liverpool - - - --- - - - ... 305 Vernon's roller-mills, Birkenhead - --- - - - ... 3 II 35 *3 35 Insets, facing pp. 308, 309, 312, 330 Yorkshire M iller's Token. (From Surtees Publications.) “Luke Chynnall Jn Richmond 1637.” FEUDAL L AWS AND CUSTOMS. CHAPTER I . OF KING'S MILLS. 1. T hrough medieval times the sovereign pos. kinds'ilis sessed mills precisely as might any one of his - subjects, and, as already explained, not by virtue of 1.Introductory. royal privilege, except indeed when mills stood upon Text, I. 125. lands forfeited to the Crown. The royal estates, always tolerably extensive, were usually well supplied with mills, which were either leased out to millers or worked by sworn keepers, as at Chester, Dublin, &c. King's mills consequently abounded, but they pos sessed no special rights not enjoyed by any other soke mills. One or two facts illustrative of this ordinary holding of royal mills may be cited. Mills p assed from the sovereign by ordinary grant or sale. Stephen parted with one in a manner which combined a little of both methods, though we fear the value of the mill was by no means equal to the amount the monastic purchasers paid for it: “Stephen, King of the English, to the arch- Hist, Mon, bishops, bishops, abbots, sheriffs, justices, vice-barons, * * * ministers, and all his faithful people of England, French and English, greeting. Be it known—for the welfare of my soul, and of the souls of Queen Matilda my wife, Eustace my son, and others my earlier o - H ISTORY OF CORN MILLING : VOL. 111. I.F O KING’SMILLS. born c hildren; also of King Henry my uncle, and my predecessors Kings of England—I have given 1.Introductory. and granted to God and the Church and Altar of St. Augustine the mill which I have had within the city of Canterbury, near the East Bridge, and all the watercourse by the said mill, in consideration of the release of bonds for Ioo marks [466 13s.
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