Page:VCH Essex 1.djvu/484

A HISTORY OF ESSEX to prove the right of the Norman ' invader,' it was taken by the Domesday Commissioners into the king's hands; 1 at Lawford the soke- men's land seized by Richard Fitz Gilbert was forfeited for the same reason. 2 At Hatfield Broadoak they appear to take credit to them- selves for having similarly recovered half a hide of which the king had been wrongfully deprived. 3 In the case of Peldon at least their language is free from doubt ; after reciting the seizure by the same offender of certain land they expressly state .that they have taken it into the king's hands. 4 Returning to the ' dedit vadem ' phrase, we have several examples of its use in the Essex Domesday. In the Rodings (fo. 3) a sokeman of the king has failed to render either service or customary due and has therefore given gage (ideo dedit vadem) ; at Horndon-on-the-Hill Godwine Cudhen has been guilty of two ' invasions ' and has ' given gage ' in both cases (fo. 99) ; Hugh de Berners had denied that he was holding land of the king, but the land has been proved to have been held for the king's use (derationata ad opus regis), and so he has 'given gage' (fo. ioo^). 8 Two small holdings have been ' concealed,' but now they are brought to light, and so the holders have 'given gage' (fo. 101). At Halstead a king's reeve has been receiving (and pocketing) a small freeman's rent (fo. 103), but he too has given gage (inde dedit vadem), as has a reeve of Richard de Clare who was in trouble for his doings at Chawreth (fo. 103). In Colchester Ralf Pinel, whose estate was at Bromley, 6 has failed to pay the customary due for his ' four houses within the walls,' but he has had to 'give gage' therefor 7 (fo. 106). While on the subject of legal antiquities we may note that ' vouching to warranty ' occurs at Chaw- reth, where a ' man ' of Richard de Clare unsuccessfully vouches Ilbodo (whose connection with the matter is unexplained), and a reeve of Richard, with no more success, vouches Richard himself (fo. 103). We have already seen Richard failing to warrant his reeve's aggressive action at Braintree. 8 It is the king himself whom the burgesses of Colchester and Maldon vouch to warranty for a remission of the rent ' Et hundret nescit quomodo habet hanc terram, et quia neque legatus neque alius homo venit ex parte sua qui derationasset hanc terram, ideo est in manu regis cum alia.' Compare the Goldhanger entry (fo. 54b) : ' non habuit liberatorem, sicut hundret testatur, et ita est in manu regis.' 'dimidiam hidam et xv. acras, que modo sunt in manu regis ideo quod nullus fuit ex parte ejus qui dixisset quomodo eos habuerit ' (fo. 6^). This would seem to refer to the proceedings before the commissioners. 3 'Postea recuperavimus (sic) dimidiam hidam quam tenuit socfemannus] Haroldi T.R.E.' (fo. ^V). But the entry somewhat mysteriously proceeds: 'modo earn tenet Radulfus de Marcei ad feudum Hamonis.' The land referred to is the subject, as ' Siriceslea,' of an entry under Hamo's fief (fo. 5 5), where there is no hint that it was claimed as belonging to the king. This raises a curious question as to the ' Postea ' clause, which may have been entered after the ' Siriceslea ' entry had brought the fact to their notice. 4 ' Tulit Hamo dapifer Ixxx acras . . . sicut hundret testatur, et hanc occupationem percepimus (sic) in manu regis ' (fo. 94). 6 Compare p. 386 above. 6 See p. 563 below. ' Indedit vadem ' for ' inde dedit vadem,' a corruption characteristic of the survey of Colchester. On the waging of law by this ' contract with the vadlum, wed, or gage ' see Prof. Maitland's The Court Baron (Selden Society), p. 17, and compare my Commune of London, p. 153. 8 See pp. 355, 411 above. 412