DCD 4.2.Spec.34

Ed. Feodarium pp. 141-42, with error in date

Draft charter of Roger of Kibblesworth son of Clibert of Hett[on] recording his surrender, in the presence of Hugh bishop of Durham and the barons of the bishopric in a full court at Durham on 3 March "1180", to the prior and monks of Durham of his land of Wolviston (Co. Durham) held by him and his antecessors in drengage, although at some time by way of profanation of the Lord ('per violentiam Domini') contrary to right and the will of the monks he has held his drengage by acquitting with money, surrendering it by a haft [of a knife ?] in the prior's hand. He has received from the prior and monks in exchange for the said land the vill of Cocken (Co. Durham), rendering to them 2s. a year; further they have given him 50 marks of silver [£33 6s. 8d.] in his great necessity.

A rare example of a charter surviving in draft form. Physical evidence for its nature is clear: the irregular shape of the parchment, running to its natural edge on the right-hand side, where it is noticeably darker; and the attachment of the names of the witnesses on a separate slip of parchment. The text was subject to significant alterations. A mistake in the date was corrected by expunctuation, by placing a dot under the k for kalends; the editor of the Feodarium did not notice this and it led him first to interpret the two minims of the following '.N.' as "ij", which in turn obliged him to take the 'v' before his kalends as part of the year. Hence "m.c.lxxxv, kal. ij Marcii" for the document's '.Mo.Co.lxxxo; vo k.N. Martii'. The first attempt at formulating the final statements ('Prior uero et Monachi pro hoc et pro quinquaginta Marcis quas mihi in magna necessitate mea dederunt. villa eorum de kokene cum omnibus ad eam pertinentibus mihi et heredibus meis concesserunt de eis inperpetuum tenendam reddendo eis annuatim duos solidos {scilicet} xii. denarios ad rogaciones. et alios xii. denarios ad festum Sancti Martini') was crossed out, and replaced in the space below; the main change was to move the reference to payment, with its phrase 'in mea magna necessitate' characteristic of this period, when mentioning the fact of a cash consideration in a land conveyance was not abnormal, but the specification of the six-monthly terms of payment, Rogationtide and Martinmas, was omitted. These were the standard terms on the monastic estate at the time, cf. Misc. Ch. 6484; by 1270 the former had become Pentecost, another moveable feast, some ten days later, although in its final form the charter recording this transaction stipulated Pentecost rather than Rogationtide.
In the event the draft in its altered form was apparently found unacceptable to one party or the other, and the transaction was recorded in substantially different, tidier, and more conventional, form (Feodarium p. 142, with date wrong; it is the same as that of the draft). Most conspicuously the reference to Roger paying in cash, with its somewhat extravagent talk of profaning the Lord, in defiance of the monks' wishes, to the peril of his soul, was dropped; the date was placed at the end of the text. The draft was perhaps initially retained because it dealt more explicitly with the matter of drengage than the final charter, and the monks were certainly concerned over this at the time, see Lapsley, VCH Durham i,315, also 3.9.Spec.8.