Page:Archaeological Journal, Volume 5.djvu/184

 138 THE HALL OF OAKHAM. lost, and the successors of Hugh at that tune rebelled against King John, who thereupon granted the manor and castle to Isabella de Mortimer for her life, by the same service, and after her death it came into the hands of Henry father of King Edward, who conveyed it, with the castle, in free dowry, to Senchia, wife of Richard, carl of Cornwall, father of the present Edmund, earl of Cornwall, to hold it from him in chief by the aforesaid service. The jurors also found that every bailiff of Richard, earl of Cornwall, took at Oakham, as well in the time of King Henry as now, toll of carriages bought or sold, and of all other things there, to the damage of £10 per annum, by what war- rant they know not, and this unjustly. They also said that Peter de Nevill took ten marcs unjustly from the men of Oakham and Langham, by virtue of his ofhce, that they should not have their dogs lawed. In the following year (1276) the jurors returned that the county of Rutland formerly belonged to the county of North- ampton, until Henry HI. granted it to the king of Germany, (Richard, earl of Cornwall,) whom they found had right of gallows, assize of bread and ale, pillory and cucking stool. And they said that the bailiffs of Oakham, in the reign of Hen. HI. and Edw. I., took toll of carriages, horses bought or sold, and all other merchandise at Oakham, and they dis- train men of their property who are not principal merchants nor sureties, they know not by what warrant. Let it be remembered that the questions proposed to the jurors in both these Inquisitions were of a most searching nature, so that no abuse could possibly elude their vigilance. It is clear that the custom of demanding a horse-shoe is not named, but that of taking toll upon the animals is stated to be without warrant and unjust. The transition to commuta- tion of a shoe for a money payment, or the reverse, is natural and easy to be accounted for; and I think we see by these Inquisitions what was the origin, or at least we gather some insight into the practice which has at various periods been countenanced by English monarchs and the highest judicial functionaries, and endured to the present time'*. Reasons have already been given for assigning the erection of the great hall still existing to Walkelin de Ferrars, at the ^ Of the existing shoes nailed on the bctli and George IV. are the most conspi- walls of the castle those of Queen Eliza- ciious.