Page:Archaeological Journal, Volume 8.djvu/533

 ORIGINAL DOCUMIiNTS. .'. The next document is of much earlier date ; not later than tlio rc'igu of John. The age of it, and the distinguished parties to it, ontitlo it to notice. " Ita convenit inter doniinum llenricuni filiuni Coniitis ex parte una et Domiuum Willichnum de Morlegh ex altera, ita quod predictus Ilcnrieus C(»n- cessit predicto Williehno quod hunde apud Wadewill facte sint imniutahiles in perpetuum. Et concessit pro se et heredibus suis et assignatis quod pre- dictus Williclmus et hercdes sui, seu assignati, faciont duas scctas tautuni ad hundredum suum de Stanbur' vel solvent xii denarios ad festum Sancti Michaelis pro omnibus sectis et introitibus dicti hundredi. Pro qua quidom concessione predictus Willielmus dedit predicto Henrico centum solidos sterlingorum. In cujus rei testimonium hiis scriptis hipartitis sigilla sua alternatim apposucrunt. Hiis testibus, dominis Ilenrico de Traci, Henrico de la Pomeray, Willielmo de Pralle, Stephano de Haccumb, Martino du Fisacre, et aliis." The seal of Henricus fil' Comitis is attached, but it has nothing on it but the name. Henry the son of Reginald Earl of Cornwall, commonly called Henry fitz Count, received from King John a grant of the manor of Dupeford, now Diptford, with the hundred of Stanborough appurtenant to it. Morlefh or Morley is a manor within the hundred, of which the lord appears to have owed suit to the hundred. The object of the above deed was to settle certain boundaries between the parties, and to limit the attendancy of William de Morlegh to two suits only at the court of the hundred, in consideration of a sum of money paid to the lord of Diptford ; and also to excuse even those suits on payment of twelve pence annually at Michaelmas. This annual payment so made in lieu of personal attendance at a leet, or similar court, being fixed and certain in amount and not an arbitrary fine or amercement, was usually called a " certum leta3 " or " cert-money ; " as to the nature and origin of which payment the text-books and legal authorities offer very unsatisfactory explanations. It is usually supposed to be a sort of acknowledgment to the lord for the original expense and trouble of procuring for his tenants the benefit of a local jurisdiction in lieu of resorting to the King's courts (6 Coke Rep. 77. b.) I believe that such jurisdictions were generally sought for benefit of the lord alone, to whom they were very profitable ; and that in every instance in which the origin of cert-money can be actually ascertained, it will be found to be a pecuniary composition for personal attendance, or some other duty which it was burden- some for the tenant to perform in specie. Sometimes a whole township or district was excused by a like payment, which was then called a " Common Fine." E. SMIRKK. 3 K