The Sembly Quest

[Bayleaf]

This article first appeared in the Transactions of The Hunter Archaeological Society and is reproduced here by kind permission of the Society

THE SEMBLY QUEST.

By CHARLES DRURY.

THE old Sembly Green so often alluded to by writers of Sheffield history was, as is generally known, the open piece of flat land on the north bank of the river Don through which the street known as the Wicker now runs. This was the place where the annual muster of men with horses and arms was held on Easter Tuesday, which, as Mr. R. E. Leader says, " the old feudal tenure required the free-holders to provide for their lords." [1]

In the preface to the Survey of the Manor of Sheffield Harrison calls this annual muster a "Royalty that this Mannor hath above other Mannors," or, in other words; that it was a custom peculiar to the manor of Sheffield. This was in 1637 when the custom was in regular operation. The "horsemen, with horse and harnesse provided by ye free Holders, Copy Holders & other Tenants" had to "appeare before the Lord of this Mannor or ye Steward of his Courts to be viewed by them."[2]

He gives a list of the names of some 139 tenants who provided the horses and arms. Hunter, alluding to the custom, says, "It was here [the Wicker] that the freeholders of Hallamshire were accustomed to assemble with horse and arms at the annual muster according to an ancient custom which it is said is noticed in some copies of the Quo Warranto roll of the age of Edward I" [1272-1307] and adds "In an older list than Harrison's I find the names of only ninety-six tenants who held their land by this service. At the latter end of the seventeenth century the number was reduced to sixty or eighty. In 1715 and 1716, a delicate regard for the feelings and wishes of a Protestant government induced the lord of the manor to desire that it should be discontinued. The practice was not resumed."[3]

The old Sembly House, where the courts were held, was, at that time, the only building in the Wicker beyond Lady's Bridge, and after the discontinuance of the muster it became the Rose and Cushion tavern kept by one Sam Hill.[4]

Hunter came to the conclusion that this annual muster was, in reality, the View of Frank-Pledge, and quotes a passage from the Inq. P.M. of the last Lord Furnival who died in 1383, in which it is so called.[5]

This, of course, would only refer to the annual muster and inspection. An authority defines Frankpledge as follows : “View of Frankpledge-Taken by the steward of a court leet of the behaviour of men in its jurisdiction, and to swear them to the king at any age above 12."[6]

The Inquisition referred to proves the custom to have long been in use in Sheffield, and Harrison appears to have been mistaken in calling it "a Royalty that this Mannor hath above other Mannors:" He was not a local man. Perhaps he came from the south and did not understand Yorkshire or northern customs. The muster is evidently identical with the gathering known in Scotland as a "wapinschaw" or weapon-show, a periodical gathering of the people within various areas for the purpose of seeing that each man was armed in accordance with his rank, and ready to take the field when required.

Mr. S.O.Addy informs me that the custom was known to the ancient Norsemen. In Vigfusson's Icelandic-English Dictionary we have, under Vapna, Vapna-ping, "a weapon show; muster, meeting, where all the franklins had to appear and produce for inspection the arms which every man was lawfully bound to have."

A local deed which I have transcribed and which is given in full at the end of these notes, cites this annual muster as "a certeyne service once ev'y yeare to bee done unto him [the Earl of Shrewsbury] for what consideracon the p'ties knowe not, upon the tewsday in Easter weeke."

But the question, of providing a man and horse of sufficient stature with harness for war was a condition of tenure, probably dating from the Assize of Arms (1181) and founded on even much older laws.

Prof. Vinogradoff writing on Land Tenure says, "Looking back to the reign of King Edward [the Confessor] it is found that the service chiefly implied in the tenure of estates held directly under the king was military service, in fact the military service of the fyrd, which came to rest primarily on the landowners." [7]

He then gives an instance from Domesday which states that the brothers Chetel and Turver held an estate in Covenham, Lincolnshire, in inheritance from their father. They had divided it, but Chetel had to acquit it as a whole of the service of the king, not, however, without assistance from Turver. [8]

"Under the Anglo-Saxons, all men were required to bear arms as a sort of body rent for the land they held ... By the Assize of Arms every holder of land was bound to produce one or more men fully equipped or capable of fighting in national defence. The arms were annually inspected, and the lending, selling or pawning of the arms or armour was made illegal." [9]

"Every knight was bound to appear at the King's call in coat of mail and with shield and lance, every freeholder with lance and hauberk, and every burgess and poorer freeman with lance and iron helmet." [10]

The local deed, which is in the Wheat Collection at the Sheffield Reference Library, is dated 1601. It recites that the lands of Thomas Creswick of Owlerton Hall were supposed to be held subject to the finding of a man and horse equipped for war, but as the lands were now divided and held jointly by John Creswick his son and Thomas his grandson, the question had arisen as to how the service should be performed which had devolved jointly on both of them. Consequently an agreement was entered into, the result of which was that Thomas the grandson was to find the man and horse, and John to pay two-fifths of the annual cost entailed, and also five pence yearly towards the cost of cleaning and dressing such "harness" " [11] as shall be kept for the purpose. This is almost parallel with the case of Chetel and Turver just mentioned.

It is the only deed I have met with in which this condition is mentioned, and is probably unique in this respect. It goes pretty thoroughly into the matter which was evidently considered as being of sufficient importance to necessitate a legal agreement regarding the liability imposed.

The man and horse, and harness had to be provided and also inspected every Easter Tuesday, but these men should not be confused with the trained soldiers, respecting whom there are numerous entries in the Burgery Records. These trained men were paid and equipped by the town, and special rates were levied for the cost. The town was also obliged to provide, and keep in readiness for use, arms and armour for them.

Hunter calls the men who mustered on the Easter Tuesday "mock soldiers" [12] but they were undoubtedly liable to be called upon for active service. "One of the amusements of the day was probably of high antiquity; this was the Quintain, a favourite game of our ancestors. The men were accustomed to tilt on horseback against a large bag of sand suspended from the bough of a tree."

The butts for archery were also in the Wicker, and it may probably be that both of these exercises were originally instituted for military training and not amusement.

Military tenures were abolished by the statute of 12 Car. II. c. 24 (1660) but the old custom of mustering on Sembly Green continued for another fifty years, during which time it probably degenerated into a mere gala day.

In Hallamshire, land held by military tenure was often called terra hastilaris, land held by the javelin or spear, "hastler land." The latter part of the deed will also be found interesting. It includes a clause for preserving from injury an oak tree standing in a close called Kittling Croft, and calls to mind the lines of the old song:-

Woodman, spare that tree,

Touch not a single bough;

In youth it sheltered me,

And I'll protect it now.

I have to thank Mr. Addy for a number of valuable notes.

[1] Sheffield in the eighteenth century, p. 200.

[2] Survey of the Manor o} Sheffield, 1637, p. 3.

[3] Hallasnshire. Gatty's ed., p. 403.

[4] Sheffield in the eighteenth century, p. 200.

[5] Hallamshire, Gatty's ed.. p403.

[6] The Genealogist's Legal Diet., Percy C. Rushen, 1909, p. 48.

[7] English Society in the eleventh century, p. 240.

[8] Domesday Book, 178}: vol. i, p, 354.

[9] Three centuries of Derbyshire Annals, J. C. Coa, vol.i, p. 127

[10] 7. R, Green, History of the English People, 1916, p. 110.

[11] The word harness includes arms. See the frequent references in the Records of the Burgery of Sheffield, by J. D. Leader.

[12] Hallamshire, Gatty's ed., p. 404.

THE DEED.

This Indenture made the eight and twenteth day of Aprill in the three and fforteth yeare of the Raigne of or souaigne Lady Elizabeth by the grace of god of England ffraunce & Ireland Queene Defendor of the faieth etc. Betweene Thomas Creswick of Ollertonhall in the County of Yorke yoman on thone partie And John Creswick of Waddisley in the said Countye yoman on thother ptie Witnesseth that where all the landes & Tenements whereof Thomas Creswick grandfather of the said Thomas the ptie to these p'sents & father of the said John some p'te whereof is in the handes of the said Thomas the p'tie and other some p'te thereof is in the hands of the said John by lawfull conveyance from the said first Thomas is supposed to bee chargeable wth the service to fynd one horse or gelding & one able man both of them sufficiently arrayed & furnished to serve in the warres of or nowe souaigne Lady the Queenes matie her heires and successors at all & ev'y such tyme & tymes as yt shall please her said matie to require the said service

And where yt is thought convenient that by meanes the said landes wch weare to the said first Thomas bee nowe dismembred part thereof beeing in the handes as aforesaid of the one of the said p'ties and p'te in the handes of the other that the burthen of the said charge of fyndinge the said horse & man & their furniture yf the same shall fall owt to be dewe should ratably be borne & p'formed by both the said p'ties at their indifferent charges according to the p'porco'n of the landes & tenemts conveyed descended or left unto them & their heires by the said first Thomas their Auncestor.

Nowe the said Thomas Creswick p'tie to these' p'sents for consideracon hereafter declared for him his heires executos & Administratos counteth & graunteth, to & with the said John Creswick his heires executos & Administratos & to & wth ev'y of them by these p'sents That hee the said Thomas his heires executos Admini¬stratos or Assignes or some of them when & as often & att all & ev'y tyme & .tymes when the said service of fynding one horse & man so furnished as aforesaid shall be requyred yf the same shall be dewe shall & will at his & their p'per coste & charges fynd & p'vide for the p'formance of the said service one able man & one horse or gelding of sufficient stature & fitt for the warres or such a one as bee allowed of by such p'son or p'sons as shall have power Comission or Authoritie to take the veiwe of such horse or gelding And shall p'vyde that bothe the said man & horse or gelding shall bee well sufficiently & convenyently arrayed & furnished for the warr for such service as shall bee requyred And shall & will from tyme to tyme & att all tymes hereafter sufficiently discharge the said John Creswick his heires executos & Administratos of all such service & services as to the fynding or p'vyding of such man horse gelding or furniture for the war as in any such case shall or may hereafter bee demaunded of him the said John Creswick his heires or Assignes or any of them

And the said Thomas Creswick the p'tie for & in consideracon afore said hath further for him his executos & Administratos counted & graunted and by these p'sents doth Count & graunt to & wth the said John Creswick his heires executos & Administratos & to & wth e'vy of them by these p'sents That where the right honorable the Earle of Shrewesbury claymeth & demaundeth to bee done unto him by the owners of the Mannor of Ollerton a certeyne service once ev'y yeare to bee done unto him for what consideracon the said p'ties knowe not upon the tewsday in Easter weeke to shewe unto him the said Earle or his assignes a horse or gelding & a man well armed & arrayed for the warres That hee the said Thomas the p'tie his heires & assignes shall & will at his & their p'per coste & charges discharge the said service yf the same fall owt to bee done And shall & will in case aforesaid ev'ye yeare upon the Tewsday in Easter weeke showe forth such a horse or gelding & man so furnished as aforesaid.

And of all the said service & ev'y part therof shall & will discharge & acquyte the said John Creswick his heires and assignes for ever And the said John Creswick for him his heires executos & Admini¬stratos counteth & graunteth to & wth the said Thomas Creswick the p'tie his heires executos & Admistr's and to & wth ev'y of them by these p'sents That hee the said John Creswick his heires executos & Administratos or some of them for & in consideracon of the doing of the services & the discharge aforesaid shall & will pay or cause to bee paid to the said Thomas Creswick the p'tie his heires or assignes att all & ev'y tyme & tymes when hee the said Thomas the p'tie or his heires shall sett forth or fynd anye horse or man or both so arrayed or furnished for the warres towe equall p'ties into fyve p'ts to bee devyded of all such costs charges & money as he the said Thomas Creswick the p'tie his heires or assignes shall susteyne beare disburse or pay for the furnishing buying p'vyding & setting forth of any such horse or horses gelding or geldings so arrayed as aforesaid or for the wages hyring or furnishing of any man or men to bee sett forth & furnished by him the said Thomas the p'tie for the cause aforesaid & in manner aforesaid

And also shall & will pay yearly the some of fyve pence of lawfull money towards the charges of clensing or dressinge of such harnesse as shall be kept for that purpose And whereas by custome continued during the tyme whereof the memory of man ys not to the contrary there hath usually beene paid & yet is paid to such p'sorr & p'sons as the same hath beene & is dewe the some of seaven pence of lawfull money for & in consideracon of the Tythe haye dewe for all the hey yearely reneweing growing & gotten of in & upon all the landes & tent's wch weare to the said Thomas Creswick deceassed lying wthin the p'rshe of Sheffeld in the said connty part wherof is nowe in the houlding of the said Thomas Creswick p'tie to these p'sents & part in the houlding of the said John Creswick Nowe the said Thomas Creswick the p'tie for him his heires executos Administratos Counteth & graunteth to & with the said John Creswick his heires executos & Administratos & to & wth ev'y of them by these p'sents To yeeld & pay to the parson vicar or p'prietary of the p'sonage of Sheffeld aforesaid the some of seaven pence yearely for & in consideracon of all the said Tythe hay so longe as the said custome shall so contynewe The said John Creswick & his heires allowing yearely to him the said Thomas the p'tie & his heires for & towards the payment therof one peny of lawfull money & no more wch said one peny hee the said John for him his heires executos & Adm'str's coun'teth & graunteth that hee his heires or assignes shall & will yearely & ev'y yeare pay to him the said Thom's the p'tie his heires or assignes when soev' the same shall bee of him or them demaunded

And w,heras the said John Creswick houldeth of the said Thomas the p'tie as of his mannor of Ollerton dyv's landes & ten'ts by the rent of fyfteene pence by the yeare besydes the other services Nowe the said Thom's 'Creswick the p'tie doth by these p'sents confirme the estate of the said John of in & to the said landes To have & to hold to him the said John and his heires by the onely rent of xiiijd besydes his other services

And both the said parties to these p'sents do cou'nt & graunt each of them to & wth the other for themselves their sev'all heires executos & administratos That neither they nor their heires nor any p'son by the comaundement of them or of either of them shall not fell cutt dawne lopp cropp nor stove [1] one oake standing in a syde of a certeyne close in Ollerton aforesaid called Kittling croft att the end of a kylne howse there unlesse the same shall bee done by the mutuall consente of both the said p'ties their heires or assignes

And further the said John Creswick for him his heires' executos & admi'str's cou'nteth & graunteth to & wth the said Thomas the p'tie his heires, executos & admi'str's & to & wth ev'y of them by these p'sents That hee the said John his heires & assignes shall & will from tyme to tyme & at all tymes needefull p'mytt & suffer the said Thomas the p'tie his heires & assignes to come into the said Kittlingcroft and there to bring & sett upp ladders & other needfull things for the repeyring of the kylnehowse So that the same ladders & other things bee taken away in tyme convenient And so that the said Thomas the ' p'tie his heires & assignes do p'sently clense & take awaye the rubbishe strawe & other things wch by meanes of the repayring of the said kilnehowse shall happen to fall or lye wthin the said Kittlingcroft

And so that the said Thomas Creswick the p'tie his heires nor assignes do not make any clayme to any part of the said Kitlingcroft further then where the wall of the said kylnehawse nowe standeth And lib'tie for the dropping of the ewesing[2] of the said kilnehowse it being no longer then nowe yt is

And yt is further agreed betweene both the said p'ties for them their sev'all heires & assignes to these p'sents: That where contencon hath beene betweene them concerning the diverting of a c'teyne little pirle[3] or watercourse runing by or throughe the growndes of the said John Creswick to the howse of the said Thomas the p'tie That the same shall contynewe in the course where yt nowe runneth

And further that the said John nor his heirea nor assignes shall not by meanes of any lyme-pitt Tann pitt or other pitt or pitts whatsoever corrupt or trouble the water running in the said watercourse butt shall p'mitt the same to rune his course streit in the grounde wthout lett or trouble of him , the said John or of his assignes

And that yf water shall fall owt to bee scarse and notice shall bee gyven to the said John his heires or assignes att the nowe dwelling howse of the said John by the said Thomas his heires or assignes that they are desirous to have so muche water as cann well be spared That then the said John his heires and assignes p'sently after such warning gyven shall & will by the space of one day or one night spare to take any of the said water saving for their p’sent necessi,ies And shall & will do their best endevowrs that the said water may rune as plentifully as the tyme of the yeare & weather will p'mitt to the intent the said Thomas & his assignes & famyly may be sufficiently furnished wth water for their necessities yf the water there runing will suffice for that purpose

Also yt is agreed by & betweene the said p'ties for themselves their sev'all heires & assignes That the said John his heirs & assignes shall at all tymes needefull scoure one ditch betweene the said Kitlingcroft & the close next adjoyning called Leyfeild And that hee the said John & his heires & his and their assignes shall have free lib'tie for that purpose to come into the said Leyfeild and to skower the said ditche there in such places as the said ditche goeth wthin the said Leyfeild or on the other syde of the said hedge from the said Kitlingcroft.

In witnesse whereoff the parties above said to these p'sent Indentures interchangeably have putt their handes & Seales the day & yeare first above written. 1601.

[signed] Thomas Creswicke

Witnesses :-Jaspar Fysher, Wm. Lee, Rich : Revell, Ja : Creswicke, Wm. Sanderson.

[1] Stove=to cut (Wright's Dialect Dict.),

[2] Ewesing=easing, the droppings from the eaves.

[3] Pirle=a stream or brook.

[RichardB]

The old Sembly House, where the courts were held, was, at that time, the only building in the Wicker beyond Lady's Bridge, and after the discontinuance of the muster it became the Rose and Cushion tavern kept by one Sam Hill.[4]

Sam Hill's Parlour, the furthest building out of town down the Wicker (Link Fairy help required)