Westaway Family History

A Sample of the Manorial Records extracted by Bob Westaway

EXTRACTS FROM COURT ROLLS

Glossary of Terms used in Manorial Wills or Court Rolls

SAC/1 -	27 Apr 1504	John Westway one of the 12 King's jurors at court leet. (Under remaining profits) William Westway still owed 1 cow and 1 calf, due from the profits of his land for last All Saints.
SAC/2	16 Dec 1512	Andrew Westway, with John Westway, assigned to receive Lidcote tithes.
SAC/1	27 Apr 1504	Andrew Westway, with John Westway, assigned to receive Lidcote tithes.
SAC/1	27 Apr 1504	John Westway one of the 12 King's jurors at court leet. (Under remaining profits) William Westway still owed 1 cow and 1 calf, due from the profits of his land for last All Saints.
SAC/2	16 Dec 1512	Andrew Westway, with John Westway, assigned to receive Lidcote tithes.
	22 Apr 1513	Andrew Westway, with John Westway, assigned to receive Lidcote tithes.
	Sep 1514	John Westway - Lidcote tithingman. Henry Westway - juror.
	24 Jun 1515	A stray sheep is still on John Westwaye's land. (Michael Wynston holds Honycote).
	19 Sep 1516	John Westway, a receiver for Lidcote tithes, along with William Westway.
	1 May 1517	John Westwaye - juror. 2 sheep and a lamb stray on John Westway's land; one of them now reclaimed by Henry Tuckefed.
	24 Sep 1519	John Westway to be Lidcote tithingman. John Westway - juror. Henry Westway - juror.
	23 May 1520	John Westway receiving Lidcote tithes, withJohn Westway, senior.
	15 Oct 1520	John Westway to be Lidcote tithingman. Henry Westway - juror.
	28 Apr 1522	1522 John Westway - juror.
SAC/3 -	18 Sep 1534	John Westeway - juror.
	25 Jan (?)1535	John Westeway, junior, involved in dispute with John Raddewey and Thomas Elys.
	30 Apr 1535	John Westway - juror. Henry Westewey - juror.
	1 Feb 1536	A lamb which strayed on to John Westway's land last Easter is still there. John Westway involved in suit v. John Raddewey and Thomas Burgh.
	22 Mar 1537	John Westway - juror
SAC/4	9 Mar 1538	John Westway attached in plea of debt v. John Chaxey (? Chascey), senior, and his wife, Joan
	19 Sep 1538	John Westway to be Lidcote tithingman. Henry Westway - juror.
SAC/5	26 Sep 1541	John Westway - juror.
	15 May 1542	Henry Westway - juror.
	15 Sep 1544	Henry Westway - juror. Andrew Westway to be tithingman for Lidcote.
SAC/6	22 Oct 1545	Henry Westway - juror.
SAC/7	17 Oct 1548	Henry Westway - juror.
	26 Apr 1549	Came Philipa Westway, daughter of Henry Westway and Andrew Rapston, and took the reversion of a tenement and 1 furlong of land in Fennetowne, which Henry Westway and Joan his wife now hold.
SAC/8	14 Oct 1574	William Westwaye - juror.
	11 Oct 1576	Laurence Westaway acting for Lidcote tithingman. William Westaway of Wonacott, viz (?village) of Boscombe, to be next Lidcote tithingman.
	15 Oct 1577	William Westwaye acting for Weyley tithingman.
SAC/9	23 Oct 1578	William Westwaye - juror.
	27 Mar 1579	William Westwaye - juror
SAC/11	15 May 1589	Andrew Westway, tithingman for Lidcote. John Westway, senior & junior, owe tithes for Belston.
	28 Jul 1589	To this court came John Fowler and John Westway, who in right of his wife Helen, holds by copy of the court roll - a tenement, a garden, an orchard and furlong of land - as parcel of the land in Barton called Mollis More, containing by estimation 20 acres - surrendered by Helen and John Fowler; his wife, Alice, and daughter, Joan, admitted.
SAC/12	13 Oct 1589	In tithing of Sampford Courtenay, Richard Westway received, with his father, as being aged 12 years & more, along with many others. Andrew Westway, tithingman for Lidcote. John Westway, senior, and John Westway, junior, owe tithes for Belston. Gilbert Westway - juror. William Westway, free tenant, fined.
	30 Apr 1590	Richard Westway fined. William Westway owes tithes for Sampford Courtenay. John Westway owes tithes for Belston. John Westway, senior - juror. Gilbert Westway - juror.
SAC/13	Oct 1590	Richard Westway, one of many fined for non-attendance. Gilbert Westway - juror.
	12 Apr 1591	Richard Westway fined. William Westway owes tithes for Sampford Courtenay. John Westway, tithingman for Lidcote. Gilbert Westway - juror. John Westway - juror.
SAC/14	11 Oct 1591	John Westway, tithingman for Lidcote. Gilbert Westway - juror.
	1 May 1592	William Westway owes tithes for Sampford Courtenay. John Westway, tithingman for Lidcote. Gilbert Westway - juror. John Westway - juror.
SAC/15	5 Oct 1592	William Westway owes tithes as free tenant in Sampford Courtenay. John Westway, tithingman for Lidcote. John Westway, senior, owes tithes in Belston. Gilbert Westway - juror.
	24 Apr 1593	24 Apr 1593 John Westway - juror
SAC/16	17 Oct 1593	Gilbert Westway - juror
	11 Apr 1594	Gilbert Westway - juror. The jurors say, furthermore, that William Westway, free tenant, who at the time of his death freely held a certain estate and tenement, within the manor, called Honycote by what service unknown, he died since the last court (7 Feb 1594)...and that Gilbert Westway is his next heir, and is aged 50.
SAC/17	26 Sep 1594	Gilbert Westway owes homage fine. Gilbert Westway - juror.
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	24 Apr 1595	Gilbert Westway owes homage fine. Gilbert Westway - juror.
SAC/18	15 Oct 1595	Gilbert Westway owes homage fine. Gilbert Westway - juror.
	17 Feb 1596	Gilbert Westway owes homage fine
	6 May 1596	Gilbert Westway owes homage fine. Gilbert Westway - juror.
SAC/19	24 Oct 1597	Gilbert Westway owes homage fine. John Westway - Lydcote tithingman. Gilbert Westway - juror.
	8 May 1598	Gilbert Westway owes homage fine. John Westway - Lydcote tithingman. Gilbert Westway - juror. John Westway - juror.
SAC/20	16 Oct 1598	Gilbert Westaway owes homage fine. John Westway, tithingman for Lydcote. John Westway - juror. Gilbert Westway - juror.
	11 Dec 1598	Gilbert Westway owes homage fine.
	30 Apr 1599	Gilbert Westway owes homage fine. John Westway - juror. Mention of Andrew Westway.
SAC/21	15 Oct 1599	Gilbert Westawye owes homage fine. Mention of John Westway.
	14 Feb 1600	Gilbert Westaway owes homage fine.
	17 Apr 1600	Gilbert Westaway owes homage fine. Gilbert Westaway - juror.
	28 Jul 1600	Gilbert Westaway owes homage fine.
SAC/22	20 Oct 1600	Gilbert Westaway owes homage fine.
	7 May 1601	Gilbert Westaway owes homage fine.
	25 Aug 1601	Gilbert Westaway owes homage fine.
SAC/23	8 Oct 1601	Gilbert Westaway owes 3d. homage fine. John Westway - juror.
	6 Feb 1602	Gilbert Westaway owes 3d. homage fine.
	22 Apr 1602	Gilbert Westaway owes 3d. homage fine.
	22 Aug 1602	Gilbert Westaway owes 3d. homage fine.
SAC/24	19 Oct 1602	Gilbert Westaway owes 3d. homage fine. Gilbert Westaway - juror.
	7 Feb 1603	7 Feb 1603 Gilbert Westwaye owes 3d. homage fine.
	May 1603	Gilbert Westawaye owes 3d. homage fine. Gilbert Westawaye - juror. John Westawaye - juror.
	16 Jun 1603	Gilbert Westawaye owes 3d. homage fine.
SAC/25	15 Oct 1604	Gilbert Westawaye owes 6d. homage fine. John Westaway, tithingman for Lydcott and Belston. Gilbert Westaway - juror.
	18 Feb 1605	Gilbert Westaway owes 6d. homage fine. Gilbert Westaway - juror.
SAC/26	6 May 1605	Gilbert Westaway owes 3d. as homage fine. Barnabas Westaway, tithingman for Lydcot and Boscombe. John Westaway owes 3d. for Belston tithes.
	21 Oct 1605	Gilbert Westaway owes 3d. as homage fine. John Westaway owes 3d. for Belston tithes. Gilbert Westaway - juror.
SAC/27	14 Oct 1606	Gilbert Westaway owes 3d. as homage fine, as free tenant holding by military service. Barnabas Westaway, tithingman for Lydcott and Boscombe. John Westaway owes 3d. tithes for Belston. Gilbert Westaway - juror.
	27 Apr 1607	Gilbert Westaway - juror
SAC/28	22 Oct 1617	Barnabus Westawaye - juror. Thomas Westway nominated to attend in royal courts. Barnabas Westway sponsoring John Raddon for the same.
	29 Apr 1618	Barnabas Westawaye - juror
SAC/31	3 Feb 1623	Thomas Westawaye, one of 4 nominated to attend in royal courts.
	May 1623	Thomas Westawaye, one of 4 nominated to attend in royal courts. Thomas Westawaye - Belston tithingman.
	18 Aug 1623	Thomas Westawaye to attend in royal courts.
SAC/32	30 Sep 1623	Thomas Westway - Belston tithingman. Thomas Westway - juror.
	6 Oct 1623	To this court came John Drew, Thomas Westway, and Arminella wife of said Thomas. Arminella and John held copyhold of reversion by surrender of (?)Sislee Francke, wife of John Francke, of a tenement & 2 furlongs of land called Apple Donford, containing 64 acres. This was now surrendered to William Day, Provost of King's by Arminella to grant to said John Drew and a certain Margaret Knollen, for life.
	13 Apr 1624	Thomas Westaway - Belston tithingman.
SAC/33	4 May 1626	Thomas Westway - juror.
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SAC/34	16 Apr 1627	The heir of Westaway, "hered de Westaway" owed 3d. tithes as free tenant, and failed to appear.
SAC/35	Oct 1627	Thomas Westaway - juror.
SAC/36	Oct 1628	William Westaway - juror.
	20 Apr 1629	William Westaway - juror.
SAC/37	13 Oct 1629	William Westaway - juror.
	6 Apr 1630	William Westawaie - Lydcott tithingman
SAC/38	4 May 1631	William Westaway, as Lydcott tithingman presenting defaulters
SAC/39	20 Oct 1631	William Westaway, as Lidcot tithingman, presenting defaulters.Thomas Westaway owed tithes for Belston.
	9 Apr 1632	William Westaway - juror.
SAC/40	10 Oct 1632	Thomas Westaway to be Belston tithingman next year. William Westaway - juror.
	8 May 1633	Thomas Westaway, as Belston tithingman, presenting defaulters. William Westaway - juror.
	8 May 1633	Thomas Westaway, as Belston tithingman, presenting defaulters. William Westaway - juror.
SAC/41	17 Oct 1633	Thomas Westaway, as Belston tithingman, presenting defaulters. Thomas Westaway owed 3d. for Belston tithes.
	21 Apr 1634	William Westaway - juror.
	4 Jul 1634	William Westaway has had custody of a stray ewe since Christmas.
SAC/42	Oct 1634	William Westaway - juror.
	30 Mar 1635	William Westaway, as Lydcott tithingman, presenting defaulters.
SAC/43	30 Sep 1635	William Westaway, as Lydcott tithingman, presenting defaulters. Thomas Westaway owed 3d. for tithes in Belston.
	12 May 1636	William Westaway, as Lydcott tithingman, presenting defaulter. Andrew Westaway has had custody of a stray white ewe since last All Saints.
SAC/44	19 Oct 1637	William Westaway, as Lydcott tithingman, presenting defaulters.
	26 Mar 1638	William Westaway - juror. William W's on the same jury. Richard Westaway paying in tithes. Andrew Westaway has had custody of a stray white ewe since Michaelmas.
SAC/45	26 Oct 1638	Andrew Westawaie owed 3d. for tithes. William Westawaie - juror.
	6 May 1639	Andrew Westawaie - juror.
	8 Oct 1639	William Westawaie owed 3d. for tithes.
	12 Oct 1640	Andrew Westwaie - juror. William Westwaie - juror.
SAC/46	19 Oct 1641	Andrew Westwaye - juror. William Westwaye - juror. Thomas Westway, junior, presented as tithingman for coming year. William Westway presented as tithingman for coming year.
	24 Oct 1642	Gilbert Westway - juror. Thomas Westwaye presented as tithingman for coming year.
	3 Jul 1643	Andrew Westway - juror.
		(The intervening period includes the Civil War, which commenced in 1642, until Charles II was invited to return in 1660).
SAC/47	6 May 1661	Gilbert Westway - juror. William Westway - juror. Richard Westway - juror. Richard Westway - one of those presented as juror for royal assizes.
	6 May 1663	Gilbert Westway - juror. Richard Westway - juror.
SAC/48	22 Oct 1662	William Westaway, tithingman for Erdcott (?Lidcott). Richard Westaway presented the tithingman for Belston.
	22 Oct 1663	William Westaway, tithingman for Erdcott (?Lidcott). Gilbert Westaway - juror.
	Apr 1664	Gilbert Westaway - juror.
SAC/48	Apr 1664	William Westawaye - juror.
	20 Apr 1666	Richard Westawaye - juror
	17 Oct 1667	Andrew Westawaye - juror. Richard Westawaye - juror.
	14 Apr 1668	Andrew Westaway, tithingman for Lidcott.
	5 Oct 1669	Richard Westaway - juror.
	11 Oct 1670	Gilbert Westaway - juror. Henry Westaway - juror.
	12 Oct 1671	Gilbert Westaway - juror
	15 Oct 1672	Andrew Westaway - juror.
	15 (?)Oct 1673	? Westaway - juror. (Tear in parchment)
SAC/49	6 Apr 1675	Gilbert Westaway - juror. Henry Westaway - juror.
	20 Oct 1675	Gilbert Westaway - juror
	Apr 1676	Gilbert Westaway - juror.
	12 Oct 1676	Gilbert Westaway - juror.
	8 May 1677	Andrew Westaway - juror. John Westaway - juror. Gilbert Westaway - juror.
	5 Oct 1677	Andrew Westaway - juror. Gilbert Westaway - juror. John Westaway - juror. Andrew Westaway, tythingman of Ledcott.
	2 Apr 1678	Andrew Westaway - juror. Gilbert Westaway - juror.
	8 Oct 1678	Gilbert Westaway - juror.
	22 Apr 1679	Gilbert Westaway - juror.
	21 Oct 1679	Gilbert Westaway - juror. John Westaway - juror. Andrew Westaway, tythingman of Ledcott. John Westaway, tythingman of Belston.
13	4 Oct 1689	Andr Westaway juror at view of frankpledge and court baron.
18	13 Apr 1691	Andrew Westaway giving homage at view of frankpledge and court baron.
22	2 Oct 1691	John Westaway, juror at view of frankpledge and court baron.
30	30 Sep 1692	John Westaway, juror at view of frankpledge and court baron.
42	22 Sep 1693	"To this court came Andreas Westaway, tenant in possession of one tenement and one farling (?furlong) of land with appurtenances within the Manor, called 'Thelake' for term of his life by copy of the roll of the manorial court, and he surrendered the said copy into the hands of the farmer..." (Joan, wife of Joseph Drew, and his daughter, Grace Drew, became new tenants).
46	19 Oct 1693	Saml. Westaway, juror at view of frankpledge.
53	4 May 1694	Willm Westaway, juror at view of frankpledge.
58	23 Oct 1694	Andr. Westaway, juror at view of frankpledge.
82	30 Sep 1697	John Westaway a free tenant of the manor.
83		Andreus Westaway 'rosiantu fui debent soit cur.' (NB:* A resident who owes suit of court). Sam. Westaway ? ? ? * (Suit of Court: The attendance which a tenant was obliged to give at the Lord's manor court).
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85	8 Mar 1698	John Westaway a free tenant of the manor.
87	19 May 1698	Andreus Westaway, juror at view of frankpledge.
92	2 May 1699	Samu. Westaway, juror at view of frankpledge. John Westaway, juror at view of frankpledge.
97	25 Apr 1700	Andreus Westaway, juror at court baron.
98	24 (?)Sep 1700	Sam. Westaway, juror at court baron.
101	30 Aug 1701	John Westaway, a free tenant of the manor.
112	1 May 1702	Lawrentius Westaway paying in tithes of Belstone. Sam. Westaway, juror at view of frankpledge. Lawren. Westaway, juror at view of frankpledge.
114	12 Oct 1702	William Westaway, juror at view of frankpledge.
115	20 Apr 1703	Sam. Westaway, juror at view of frankpledge.
121	22 Oct 1706	William Westaway, juror for tithes of Lidcot.
128	19 May 1709	William Westaway, juror at view of frankpledge.
129	25 Oct 1709	Lawrencius Westaway, juror at view of frankpledge.
134	20 Oct 1712	Lawrentius Westaway, juror at view of frankpledge.
135	19 Oct 1713	William Westaway, juror for tithes of Lidcott.
140	24 Oct 1727	Lawrentius Westaway, juror at view of frankpledge.
170	23 Oct 1735	William Westaway, juror at court leet and court baron.
175	5 Jul 1738	"At this court came Elizabeth Westaway, spinster, aged twenty three years, and John Westaway, aged twenty seven years, son and daughter of William Westaway of Sampford Courtenay, aforesaid yeoman, and took of the said Lords (by their steward) the Reversion of two Tenements with the appurtenances called Radcom in Sampford Courtenay aforesd (and parcel of the said Mannor), now in the tenure of George Lacey, tenant thereof by copy of court roll of the Mannor aforesaid, for the terme of his life...." etc. (details of conditions, etc.)
187	14 Jul 1742	"At this court came John Westaway of Sampford Courtenay, aforesaid yeoman, aged thirty-four years or thereabouts, and in full court took of the Lords of the said mannor, by their steward, one messuage and tenement with the appurtenances called Southay lying within the said mannor, late in the tenure of John Babbege, deceased, To have and to hold the said messuage and tenement with the appurtenances, unto the said John Westaway and William Westaway, of the age of twenty and six years, and Henry Westaway, aged forty years or thereabouts, brothers of the said John Westaway, for and during the terms of their natural lives and the life of the longliver of them successively living according to the custom of the mannor...." etc. (details of conditions).
200	12 May 1756	"At this court came Elizabeth, the wife of George Lacy of Sampford Courtenay, aforesaid yeoman, together with the aforesaid George Lacy her husband, and John Westaway of Sampford Courtenay, aforesaid yeoman, which said Elizabeth Lacy and John Westaway are tenants in reversion of and in two tenements with thappacs (the appurtenances) called Radcombe, within and parcel of the manor aforesaid by copy of court roll of the said manor for the term of their natural lives according to the custom of the manor aforesaid, which said premises are now in the tenure of the said George Lacy, tenant in possession thereof for the term of his natural live by copy of court roll of the same manor. And at this same court the aforesaid Elizabeth Lacy being examined separate and apart from the said George Lacy, her husband), and John Westaway surrendered into the hands of the Lords of the manor aforesaid the said reversion with the appurtenances, and all their right and interest of in and to the same, together with the copy of court roll thereof, bearing date on or about 5 Jul 173 to be cancelled. To the end and intent that a new copy thereof may be granted unto the said Elizabeth Lacy and to George Lacy, aged fifteen years or thereabouts, for and during the natural lives and the life of the longest liver of them successively according to the custom of the manor aforesaid. And immediately at this same court came the aforesaid Elizabeth Lacy and George Lacy, aged fifteen years or thereabouts, son of the said George Lacy of Sampford Courtenay, and Elizabeth his wife, and took the reversion, etc...." (details of conditions).
203		Homage of the court aforesaid....John Westaway sworn.
204	8 Nov 1756	Simon Westaway, juror at court leet and court baron.
207	31 Oct 1757	Simon Westaway, juror at court leet and court baron. Homage there....John Westaway....sworn.
208	5 May 1758	The homage are as follows....John Westaway....sworn
213	28 Nov 1758	Homage....John Westaway....sworn
214	19 Nov 1759	Homage sworn for the Lords....John Westaway.
215		Simon Westaway, juror at court leet and court baron.
221	17 Nov 1760	Simon Westaway, juror at court leet and court baron. Homage for the Lords....John Westaway....sworn.
245	26 Jun 1770	New copy for tenement called Webber-Hill granted to "Robert Drew for and during the natural lives of the said Robert Drew, aged thirty five years, Elizabeth his wife, aged thirty one years, and William Westaway son of William Westaway, late of Halbetton in the said county, aged eleven years, and the longest liver of them...."

Back to top GLOSSARY OF TERMS USED IN WILLS OR MANORIAL RECORDS

(extracted from the Westaway Chronicle)

Best Bed performed: A bed, complete with bedclothes, pillows, etc.

Copyhold: Originally a tenure dependent upon custom and the lord's will, carrying obligations to perform certain services for the lord. The Black Death in the 14th century brought about a scarcity of labour and hastened the commutation of these feudal services. The tenant was protected not by national law but by title written on the manor court rolls, of which he was provided with a copy - hence the name of the tenure. When transferring the property the tenant first surrendered it to the lord who held the fee-simple, and then the new tenant was admitted on payment of a fine. Copyhold was abolished in 1922.

Defaulter: A term used in court rolls to denote an absentee from the court without an excuse.

Dower: Before the 12th century the term could denote the gift from a husband to his bride on the morning of their marriage. It came to mean that part of the estate a widow could claim for life or until her re-marriage. This portion was usually one-third. Dower-Barred: Some other reason, apart from re-marriage, barring the widow from her Dower.

Farleiffe: Possible variation of Farley or Farleigh: Where someone dies owning a cottage, and, for example, 6d. is due to the Lord of the Manor. A kind of tax. Farling: A quarter of a Virgate ( a variable area of land).

Fee Simple:A freehold estate which passes without restriction to the lawful heir.

Frankpledge: In Anglo-Saxon times each vill or area was divided into tithings - associations of ten or twelve households which were held corporately responsible for the behaviour of each member. The tithing was also responsible for ensuring that any member accused of an offence was available to answer the charge. This system was called Frankpledge and, at the manorial court leet, a View of Frankpledge regulated the working of the tithings. The term will be found in court rolls into the 19th century, but it had long since lost its significance in practice.

Geoven: Given.

Heriot: Render of best live beast or dead chattel, or money payment, to lord on decease of tenant. (Now only of manorial tenures).

Homage: A ceremonial pledge of loyalty and obligation made by a tenant to his lord; or else a collective term for the assembly of tenants at the manorial court which acted as a jury. The lord, in accepting the homage, also warranted protection to his tenants.

Indenture: Any sealed agreement or contract (including that which binds apprentice to master). Jurors: It was the duty of parish constables from 1696 to make an annual return to the Clerk of the Peace of men between 21 and 70 qualified, by holding land worth £10 or more per annum, to serve as jurors at Quarter Sessions. The property qualification was established in 1285, varied in Acts of 1604 and 1691, and in 1730 leaseholders of property worth at least £20 per annum were also included. In 1825 jury service was limited to men aged between 21 and 60 who held property worth at least £10 per annum, leased property worth £20 or more per annum or rented property worth £30 per annum. Lists of jurors, mostly minor freeholders, are found in the Sessions' records.

Lease: Meadow land, usually common. Alternatively spelt leaze.

MMessuage: Dwelling house, with outbuildings and land assigned to its use.

Moiety: Half, (especially in legal use).

Paller and Paller Chamber: Parlour and parlour chamber.

Rental: a register of rents due.

Royal Assizes: Periodical sessions in each county of England for the administration of civil and criminal justice.

Seised or seized: Having in legal possession.

Suit of Court: The attendance which a tenant was obliged to give at the lord's manor court.

Tenement: Piece of land held by an owner; (Law) any kind of permanent property, e.g. lands, rents, peerage, held of a superior.

Thappacs: The appurtenances.

Tithingman:(1) See Frankpledge. Any lad who had reached the age of twelve and so became, in the eyes of the law, a responsible citizen, had to promise - with his hand on the Bible - to keep the peace and be neither a thief nor a helper of thieves. 'I will be a lawful man,' he swore, 'and bear loyalty to our lord the King and his heirs, and I will be justiciable to my chief tithing man, so help me God and the saints.' Then he and every other villager paid his tithing-penny. (2) A term which probably originated before the Norman Conquest, when a tithing - an association of ten families who stood security for each other - elected a representative as their spokesman. After the Conquest it was a term meaning constable or deputy constable.

Virgate: Variable area of land.