Home1823 Edition

GAINAGE

Volume 9 · 150 words · 1823 Edition

Gainagium, in our ancient writers, signifies the draught oxen, horses, wain, plough, and furniture, for carrying on the work of tillage by the baser sort of sokemen and villains.

Gainage is the same with what is otherwise called wainage. Bracton, lib. i. cap. 9. speaking of lords and servants, says, Ut si eos destruant, quod saltem non possit eis esse wainagium suum. And again, lib. iii. tract. 2. cap. 1. Villanus non amercedabitur, nisi salvo wainagio suo: For ancients, as it appears both by Magna Charta, and other books, the villain, when amerced, had his gainage or wainage free; to the end his plough might not stand still; and the law, for the same reason, does still allow a like privilege to the husbandman; that is, his draught horses are not in many cases distrainable.

Gainage is also used for the land itself, or the profit raised by cultivating it.