17th. Century 'Paines' in the Manor of Barwick and Scholes Back to the Main Historical Society page
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17th. Century 'Paines' in the Manor of Barwick and Scholes


from The Barwicker No.80
Dec. 2005



This extract from "A History of the Parish of Barwick-in -Elmet' by Rev. FS Colman contains the following list of 'paines' recorded in the papers of the Manor of Barwick and Scholes. These were the duties, responsibilities and constraints which applied in the manor and which were drawn up in the two manorial courts, the Court Leete and the Court Baron, meeting on 22 April 1637. These paines were necessary for the smooth running of the manor as an efficient economic and social unit. Any inhabitant of the manor who broke the rules could be fined a substantial amount of money as detailed in the extract.

It is not surprising that after more than three centuries, some of the words and phrases used in the extract are difficult to understand. However most of the items are clear enough, although they conjure up a world which is very different from our own. However one thing has not changed. Then as now, anyone breaking the rules was tried before a jury of his peers for breaches of good practice clearly recorded in this list of paines


1. No foreigner shall get any stones, cut or carry away turves, fell any wood or whinns or cut any brackens on any of the Moors or Commons upon pain of forfeiting
3s.4d

2. None of the inhabitants shall cut turves on this side of Wynmore crosse and the town of Barwick fine
3s.4d.

3. None shall stop any highway for wains, carts, or other carriage, or any foot paths, nor make any new ways or paths over any man's ground.
1s.0d

4. None shall plough away any part of their neighbour's land or baukes between neighbour and neighbour, or between the lord's and tenant
3s.4d.

5. None shall entertain any stranger or foreigner into any of their house or tenements save only such as they or the said stranger shall give sufficient bond to the overseers of the poor to the use of the parishioners of Barwick-in-Elmet that neither they nor any members of their family shall be in any way chargeable to the said parish upon pain etc.
1s.4d.

6. Every owner or occupier of grounds for which any of them have been heretofore charged , or ought to be Assistant, at the making or mending of any 'gaite' (road) that upon demand made they forthwith pay their share, to such as have made new ones or repaired old
3s.4d.

7. Every one who by custom ought to be Assistant to the Grave (an official of the manor. Ed.) shall pay for every acre of land 4d. in the Manor of Barwick and 6d. in the Manor of Scholes. If fail fine
3s.4d.

8. Every owner or occupier of land shall scour and cleanse watercourses, sewers, ditches, fine
3s.4d.

9. The same regarding hedges, fences, gates. stiles,
1s.0d.

10. None shall tether any horses within any of the cornfields, nor pluck or shear any grass, corn or weeds except only on their own ground and on the day time,
3s.4d.

11. None shall suffer horses or other goods to go loose in Barwick Ox Close or Barwick Moor while they fill their sacks with coles
0s.6d

12. None shall oppress or overcharge the Commons or wastes by putting more goods thereon in summer than they can out of the profits of their farms or tenements keep in winter.
6s.8d.

13. None shall put any infectious horses or sheep on any of the Commons
3s.4d.

14. None shall lead home more than 4 wain loads of turves for any husbandry nor more than 2 for any cottage nor sell turves to any foreigners
1s.0d.

15. None shall carry or send any of the corn or grain which they shall use in their houses to any foreign mill to be ground, but shall send same to Hillome Mills, unless it be such corn as they shall buy out of the said Manor
0s.4d.

16. None shall chase any hares or set snares or other engines to destroy them.
£1.0s.0d

17. None shall harbour or lodge any rogues, vagabonds or wandering persons or beggars but such as the constable shall bring onto them having some lawful or honest occasion to travel as by their passes shall be apparent to him being lawfully allowed by the Justices according to the Statute
0s.6d.

18. None shall lead away any loads of 'Mudde' out of the Manor unless they bring as many loads of stones
0s.6d.

19.Any one of the jurors that shall make default whensoever the foreman or any other by his appointment shall give notice of their meeting about the discharge of anything touching their service will forfeit
0s.4d.

20. That the Foreman of this Enquist after the publishing of these paines shall according to the ancient custom keep and deliver them or a true copy to the foreman of the next enquest if default
1s.0d.


The list of paines is signed by the following jurors:


(From the Barwick Manorial Papers)


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