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REGISTRUM
PRIORATUS DE WETHERHAL.
PRINTED BY J. & C. F. CLAY, AT THE UNIVERSITY PRESS.
THE
REGISTER
OF THE
PRIORY OF WETHERHAL
EDITED WITH INTRODUCTION AND NOTES
BY
J. E. PRESCOTT, D.D.
CANON OF CARLISLE CATHEDRAL,
ARCHDEACON OF CARLISLE,
FORMERLY FELLOW OF CORPUS CHRISTI COLLEGE, CAMBRIDGE.
LONDON
ELLIOT STOCK, 62, PATERNOSTER ROW, E.G.
KENDAL, T. WILSON.
1897
PREFACE.
IT is perhaps natural that a member of the Cathedral Church of Carlisle should take a special interest in the Register of the Priory of Wetherhal, whose property- was transferred to that Church 350 years ago. A careful examination shewed that this Register had a more than ordinary value. It did not merely present the ancient deeds of certain lands and privileges. Its early charters, of older date than any local documents now extant, had historic importance. A very incorrect opinion of these charters has been formed even in later days, and from them very erroneous deductions have been drawn. Again, the number of local references was found to be large ; and the names of persons recorded in the charters unusually numerous. Some of these are persons who are here mentioned for the first time; others are characters well known in early English History. Much of this importance is, no doubt, due to the connection of the Priory with the famous Abbey of S. Mary at York.
The error in the local histories, which ascribed the conquest of the district to William I. instead of William Rufus, has been refuted by Lappenberg and Dr Luard. It received some support from the ridiculous addition to
vi PREFACE.
the Register termed " Distributio Cumberlandiae " (No. 245), which was quite at variance with the early charters. But the local histories contain other errors which made it impossible to reconcile many of the statements in this Register. Two may be mentioned, as each is dealt with later in an Appendix. The foundation of the Priory of Carlisle as early as 1102 seemed very improbable; and the episcopate of the second Bishop of Carlisle, Bishop Bernard, placed in the 12th century, whether beginning in 1 156 or 1 1 86, was equally improbable. Further investi- gation has shewn that these assumptions were clearly mistakes. By their correction, many local characters and incidents fall into their true position, and not a few problems are solved.
Some confusion is caused by the great variations of spelling, both in place names and personal names. When references or quotations are given, the spelling there used is retained and not necessarily that of the charter.
There are mistakes in the language and in the letters of the words of the charters, due to the transcriber or the original writer. These in some very glaring instances have been corrected.
The local histories, ancient and modern, give hardly any authorities for their statements; it is therefore difficult, often impossible, to verify them. I have endeavoured to give early authorities in many cases, such as have come under my own notice, enough to shew how much has yet to be done. Few references are given to the well-known writers of the 17th and i8th centuries; where possible, earlier sources of information have been used.
Great assistance has been obtained from some of the unpublished local manuscripts, which I have reason to think will not long remain in manuscript only.
PREFACE. vii
(i) The Register of Lanercost (to be carefully dis- tinguished from the Chronicon de Lanercost) is a valuable Transcript now with the Dean and Chapter of Carlisle. Its charters date from about 1169, but their chief interest consists in the local references and in the very large number of witnesses who attest the deeds.
(2) The Register of Holm Cultram contains charters dating from 1150, but unfortunately the names of very few witnesses are entered. Some of the charters are of considerable interest. One manuscript, probably of the 14th century, is with the Dean and Chapter of Carlisle ; and to this the references in the notes have been chiefly made. Two other old Manuscripts and a Transcript are among the Harleian Manuscripts in the British Museum (Nos. 3891, 391 1, 1881). These three differ in many points from one another.
(3) The Register of the Priory of S. Bega (Harleian MSS. 434) contains a number of deeds, nearly all of only local importance. Beyond the early charters, little use has been made of this.
(4) The oldest Registers of the Bishops of Carlisle, viz. of Bishop John Halton, Bishop John Rosse, Bishop John Kirkby, Bishop Gilbert Welton and Bishop Thomas Appleby. These Registers are in two volumes and cover a period from 1293 to 1386; but there are no entries from 1345 to 1353. They contain much valuable information often difficult to decipher. The extracts made from them by Bishop Nicolson were simply copied by Nicolson and Burn in their History ; and it will be noticed that most of their definite information as to parishes refers only to this period.
Advantage can now be taken of the excellent publi- cations of the Record Commission and of the Rolls Series,
viii PREFACE.
as well as of the great facilities offered to persons who are anxious to search at the Public Record Office. All these have been largely used.
The principal note on any place or person will, as a rule, be found under the first mention of the same in the text of the Register. These notes, though some of them are long, do not pretend to be exhaustive, but rather to point out the directions in which further information may be found. The General Index and the Index of Personal Names will, it is hoped, be sufficiently copious for all purposes of reference.
I am indebted to the late" Rev. James Raine, Canon of York, for some valuable criticisms, especially on the Foundation of the Priory of Carlisle (Appendix B) ; also to my friend, Dr Henderson, Dean of Carlisle, for not a few important suggestions.
This book cannot be expected to have many readers, but I trust that some may find here matters of value to them, and information which cannot be found elsewhere or which is not readily accessible. There are few parts of England whose history, from Roman days onward, exceeds in interest that of this district. We may look for a more complete and accurate account than any that has yet appeared. To this desired end, the present work is a small contribution.
Carlisle,
April, 1897.
CONTENTS.
PAGE
Preface . . ... v
Introduction . - . xi
The Manuscript and Transcripts . . xl
Registrum Prioratus de Wetherhal . . I
Additional Charters . . ... -377
List of Illustrative Documents . . 395
Illustrative Documents, I — LI I . . . . 398
Appendix A. — Ranulf Meschin, his wife Lucia, and the Honor
of Carlisle . 468
Appendix B. — Bishop Athelwold and the Foundation of the
Priory of Carlisle .... . . . 478
Appendix C— The Sanctuary of Wetherhal . . . 490
Appendix D. — Bernard, the second Bishop of Carlisle . . 493
Appendix E. — The Priors of Wetherhal . ... 504
General Index • • 513
Index of Personal Names ... . . 526
INTRODUCTION.
The Register of Wetherhal throws light upon an important Early point in the early history of the district in which the Priory of '^'"""y" Wetherhal was placed. A very few years before the Monastery was founded, the boundary of the kingdom had been extended. In the year 1092, WilHam Rufus had swept over this north- western corner of the country, and made it part of England. Its previous history is involved in no little obscurity. The old Strascled, or Strathclyde, of the Britons had passed through Strath- many changes and troubles. This Strathclyde, when we find ^ ^^^' its limits more defined, in 1069, stretched from the Clyde to the Duddon, and afterwards only to the Derwent. It was known also by the name of Cumbria, though this was a later designation, not appearing before the 9th century. After the Romans left at the beginning of the 5 th century, it had been harried by Pict and Scot, by Angle and Dane. At length, in the loth century, in 945, Eadmund, King of Saxon England, who had ravaged the land of Cumbria, ceded it to Malcolm I., to be held as a fief of the English crown. This somewhat uncertain vassalage prevailed until the great expedition of William the Conqueror into Scotland along the east coast in 1072. The out- come of that incursion was that Malcolm III., Malcolm Ceanmor, King of Scots, did homage to the Norman and promised to "become his man." This pledge of homage bound Malcolm but little. When- ever opportunity offered, he laid waste Northumbria, whether the
Xll
INTRODUCTION.
William II.
Ranulf Meschin.
Wether- hal.
Conqueror or his successor was King. We can therefore well understand the desire of William Rufus to secure a " scientific frontier." He attained this object when he seized the southern part of Cumbria, began to rebuild Carlisle, and made the Solway Firth the northern boundary on the western side of his kingdom. He gave the lordship of the district to one of his followers, Ranulf Meschin, Viscount of the Bessin in Normandy. This limit we find mentioned in a royal charter 30 years later as the "boundary of Ranulf Meschin'' (Appendix A, p. 476). There can be little doubt it was William Rufus who put the warlike Norman Baron in charge of the new territory, though none of the Chroniclers register the appointment.
Ranulf was the nephew of Hugh, Earl of Chester. Earl Hugh was the staunch friend and supporter of William, and, only the year before, had ceded to the King the fortress of Avranches in Normandy, a portion of his brother Henry's dominion. We know that, the year after, in 1093, Ranulf was present at Chester when Earl Hugh refounded there the Abbey of S. Werburgh. And now a few years later, our Register brings him before us. He was not an Earl, but he was in full possession as Lord of the district, the "power" or "honor of Carlisle" (Appendix A, p. 471). At his castle of Appleby up the valley of the Eden, he commanded the roads into Yorkshire and the valley of the Tees, which had been so often trodden by the invading Scots. Some 30 miles lower down, just where the river valley opens out and debouches on to the plain in which rises the City of Carlisle, he founded the Monastery of Wetherhal, for a Prior and twelve monks of the Benedictine Order (Illustrative Docum. lii.).
The situation is well chosen. It is beautiful, like so many of the sites of the early convents. It is only some 4 or 5 miles from the ancient city which his Royal Master lately ordered to be rebuilt out of the ruins in which it had lain for 200 years. It is close to the direct road, shortly after known as the Via Regia (No. 5) from Carlisle to Appleby, and it is near the eastern road which runs through the dip in the fells to Hexham and Northumbria.
INTRODUCTION. xiii
Just underneath runs the lovely stream of the Eden, and he takes care that the mill-bay and salmon sluice are secured to the monks by a separate charter. He endows them with the manor and Endow- Church of Wederhal and certain lands near, with the Chapel of "^'^ ' Warthwic and the Churches of S. Michael and S. Laurence at Appleby, which his chaplain Radulph has held, also with two-thirds of the tithe of his demesne at Appleby on both sides of the river and of the tithes of Maiburne and Salchild. All these he grants to the Monastery as a Cell, or dependent, of the Benedictine Abbey of S. Mary at York, to which his King, William Rufus, and members of his own family have been liberal benefactors. He names in these charters two of his brothers, Richard and William Meschin, and his wife Lucia, probably present at the time.
Lucia was, no doubt, the link which connected Ranulf more directly with the Abbey of S. Mary. She was the widow of Roger de Romara, and we believe the only daughter of Ivo Ivo Taillebois (Appendix A), who about this time endowed the Abbey at York with Churches and tithes in what was afterwards the Barony of Kendal, which he held immediately to the south of the territory of Ranulf (Illust. Docum. xvi.). Ivo Taillgebosc, as he is called in Domesday Book, had no lands near this district at the time of the Domesday Survey in 1085-86, though he possessed some in Lincolnshire and in Norfolk. These possessions on the border of this newly acquired land were at that date in the hands of the Crown, and were, there is little doubt, given to Ivo some- what later by William Rufus in return for service done. And we can well believe that about the time William made this grant to Ivo on the former border of England, he placed Ivo's son- in-law, Ranulf Meschin, in command of the newly conquered district which he had now included within its bounds.
There is no record of any other monastery existing in the Other district at the beginning of the 12th century. The Convent of jgj.°"^^_^' Augustinian Canons at Carlisle was not founded before 1122-23 (Appendix B). The rehgious House at Hexham on the east had never recovered from the destruction of the Danish inroads, but
INTRODUCTION.
The
country
round.
Ancient Churches.
Ranulf Meschin.
was to be refounded a few years later, and then to be turned into an Augustinian Convent by Archbishop Thurstin. Of the several monasteries which were to rise around them during the next hundred years, not one was now existing. Much good could be wrought by the monks in those rough and troublous times. There was a call for religion and hospitality, for healing and agriculture, in that comparatively rude state; and these the brotherhood suppHed. It was a wise thought which led the Lord of the new district to place here this outpost, and to connect it with the centre of culture and society in the important city of York. The country round was not the barbarous and desolate land which some historians have supposed. War-trodden and harried it had been ; some of its towns, like Carlisle, had been left in ruins on the ground. But many Churches were certainly existing, as at Appleby, Kirkby-Stephan, Morland and Wetherhal. Even in the neighbouring wild district of Gillesland, there was a Chapel of wattlework, at Treverman, in the days of the Saxon Bishop Eagelwine (1056-1071). The local incidents which Bede gives us connected with S. Cuthbert, and the famous Saxon cross at Bewcastle tell us the same story'. In the earUest records, we have mention of mills and highways, pastures and cultivated lands. And as we go on a few years, there are marks of civilization and social life which must have long existed.
We learn from other sources that Ranulf Meschin founded certain Baronies in the District, three upon the northern border. These Barons were to guard the way against the Scots, especially when Ranulf was absent in Normandy with his Royal Masters, William Rufus and Henry I. At the great battle of Tinchebrai in September, 1106, he was far away from his northern charge. The wreck of the White Ship in 11 20 made a great change in his He then became an Earl, succeeding to the Earldom
fortunes.
1 There exist some few remains of probable Saxon work in connection with some of these Churches, as the Saxon hog-backed stone now built into S. Michael's Church, Appleby, also probably the windows in the tower of Morland Church.
INTRODUCTION. XV
and to the estates of his cousin Richard, Earl of Chester. But
he had to yield the lordship of Carlisle to the King (Appendix A,
p. 470). This is borne out by our Register, where the charters
of Henry I. granted some 10 years later shew the land to be in
the hands of the Crown (Nos. 5 and 8), and speak of the time
when Ranulph, Earl of Chester, held the "Honor of Carlisle.'' In
the year 1 122 an important event took place. Henry I. came down Henry I.
into the north in October, and, turning aside from York toward the
western sea, inspected the city of Carlisle, and ordered it to be
further fortified. Soon after, it seems clear, the Priory of Carlisle
was founded by the King under the advice of Archbishop Thurstin,
and not as wrongly stated in 1102 (Appendix B). This was a
House of Regular Canons of S. Augustine, and Athelwold, Prior
of Nostell and later the first Bishop of Carlisle, was the first Prior.
Carlisle being made the See of the Bishop, the Prior and Convent
of Carlisle were brought into business relations with the Priory of
Wetherhal, and often appear in this Register.
Henry I. endowed Wetherhal with valuable privileges and certain rights of pasture (No. 5). Other early grants were made by men of note in their day (No. 14). These grants and privileges were confirmed by Henry II., and the three succeeding Kings; but there is no confirmation charter of King Stephen. This Stephen, omission we might expect. On the death of Henry I., David, King of Scots, took up arms against Stephen in support of his niece, the Empress Matilda. He invaded England in 1136, and seized the newly fortified city of Carlisle. He passed on into Northumbria, and was then met by Stephen at Durham, where, however, terms of peace were arranged. The city and a great part of the District of Carlisle were ceded to David, and became for a time Scottish possessions. The effect of this cession only lasted about 20 years; for in 1157 the grant was recalled by Henry II. and he ruled up to the former boundary of England. Hence Stephen would have no power to grant a charter to Wetherhal. But there is during that period the con- firmation of a grant of Adam son of Suan by King David of
XVI
INTRODUCTION.
Richard I. Henry III
Early episcopal jurisdic- tion.
Arch- bishop Thurstin.
Scotland (No. 198). Besides his general confirmation charter, Richard I. specially confirms the grant given by Henry I. of pasture between the River Eden and the Via Regia within the bounds of the Manor. The charter of Henry III. is a confirma- tion and Inspeximus of a charter of Henry H. to S. Mary's at York. There is no charter of Edward I. in the Register or of any succeeding King ; though we know that charters were granted in later times (p. 431).
There were naturally frequent relations between this monas- tery and the Bishops of Carlisle, and not always of the most pleasant kind. It is not easy to determine the ecclesiastical jurisdiction under which the land of Carlisle was placed in early times. At all events, from the days of S. Cuthbert until 1092, it would seem to have been under the Bishops of Lindisfarne and their successors the Bishops of Durham. Many a memorial connects the name of the seventh century Saint with the district. The Fans Sti Cuihberti near the monastery, so accurately defined in the Register (No. 43) and now called the Holy Well, is an instance. The Diocese of Hexham, which ceased to be a See in 821, never came west of the Eden (p. 399). The claims of the Diocese of Glasgow, which were pressed during the nth and i2th centuries, and even up to 1258, seem never to have been allowed; and we know that the Solway Firth was the acknow- ledged boundary of that Diocese under Earl David in 11 20 (Appendix A, p. 475). From amid the confusion of the time when this district was added to England, York emerges having established her jurisdiction, and that, probably at the very be- ginning of the century under the influence of King Henry I. We find Michael, Bishop of Glasgow, who was consecrated by Arch- bishop Thomas II. between 1109 and 11 14, acting as the suffragan of York in the district, and even holding ordinations in the old Church of Morland, where he later found his grave (p. 43 n.). One of these charters of Henry I. (No. 9) is addressed to the famous Archbishop Thurstin, or Thurstan, a year or two before the foundation at his instigation of the Bishopric of Carlisle by the
INTRODUCTION. xvii
King in 1133. We have then two charters by Athelwold, the Bishop
Athel
first Bishop (Nos. 15, 16). He occupied a strange position. He ^old. took an important part in EngHsh affairs, and, an Enghsh Bishop, he discharged his episcopal functions for many years in a Diocese which was under the rule of a Scottish King (Appendix B, p. 488). His charters afford an early instance of the impropriation of parish Churches and of the mention of "ancient synodals and archidiaconal dues."
This Register affords strong evidence of the existence of Bishop Bishop Bernard, the second Bishop of Carlisle, and of episcopal work ^"^"^"^ done by him in the Diocese. Serious doubts have been enter- tained of both one and the other. Most of those who have admitted his existence have placed his episcopate at two impos- sible dates, 1 1 56, when Bishop Athelwold died, and 1186, when Henry II. was in Carlisle and endeavoured in vain to fill the See on the supposed death of Bernard. It seems clear now that for the long period until 1204 the Bishopric was vacant (Appendix D). Some of its custodians, during the vacancy, such as Archdeacons Robert, and Peter de Ros, are here brought before us. Then Bernard, Archbishop of Ragusa, was collated to the See by Geoffrey, Archbishop of York, at the command of King John.. This post was begged of the King by Pope Innocent III., and here Bernard remained for about 10 years receiving, besides other emoluments, a royal annuity of 20 marcs. Thus the second Bishop of Carlisle was a poverty-stricken foreigner, foisted upon the district by the Pope of Rome.
Bishop Bernard confirmed (Nos. 117, 122) a remarkable composition (No. 119), which had been entered into not long before between the monks of Wetherhal and the Canons of Lanercost, concerning the patronage of the Church of Nether Lanercost. Denton. This had been a matter of dispute between the two Priories, and the series of documents in the Register shews the interest which it had excited.
The Priory of Augustinian Canons at Lanercost had been founded on the banks of the river Irthing, some 8 miles distant
xvm
INTRODUCTION.
Bishop Hugh.
Bishop Walter.
Bishop Silvester.
Bishop
Thomas
Vipont.
from Wetherhal to the north-east, by Robert de Vallibus, Baron of Gillesland, about the year 1169. The Barony had been granted to his father Hubert by Henry II. in 115 7 (Illustrative Docum. xxn., xxiii.); and it extended along the banks of the Eden opposite to Wetherhal. Naturally, there were matters and persons of common interest to the two Houses ; and our Register receives frequent and valuable illustration from the extant Register of Lanercost. Another monastery had been founded in the district, the Abbey of Cistercian monks at Holm Cultram on the Solway Firth, by Earl Henry of Scotland, in January 1150. With this Abbey, M'^etherhal seems to have had little to do.
The third Bishop of Carlisle, Bishop Hugh, appears in several charters, chiefly confirmations. He was the Abbot of the Cister- cian Convent of Beaulieu in Hampshire, not, as often stated, of Beaulieu in Burgundy. He was consecrated in February, 1 2 18-19, after a nearly 4 years' vacancy of the See; and, when his episcopate ended, the succession seems to have been clear and continuous.
The fourth Bishop, Walter Malclerk, has but one charter (No. 211) in the Register, and that a grant of land in Morland to a private individual, Nicholas Legat. He filled the See for above 20 years, from 1223 to 1246, and was more engaged in the public affairs of the country than in the work of his own Diocese.
The fifth Bishop, Silvester de Everdon, confirmed (No. 26) in 1247 the impropriation of certain Churches in the Diocese belonging to the Abbey of S. Mary at York. To this Bishop, in the following year, the Abbot and Convent of S. Mary made over the advowson of the Churches of Ormesheved (Ormside), Musgrave, Clibburn and Burgh (under Stanemore), also of the Vicarage of S. Michael, Appleby, reserving the pension of 20 marcs annually received by the Prior of Wederhal (No. 240).
The next Bishop, Thomas de Vipont, or de Veteriponte, left only one mark on the Register during his short episcopate of a few months. This was an award (No. 27) in March 1256 between the Abbot and Convent of S. Mary and the Vicar of S. Michael's,
INTRODUCTION. XIX
Appleby, by which certain curious items of income were assigned to the Vicar and his successors.
Ten years later, the seventh Bishop, Robert de Chauncy, Bishop executed a remarkable document (No. 34). A controversy had chauncy. arisen concerning the institution of the Prior of Wetherhal and the custody of the Priory during a vacancy. The Bishop agreed to yield all claim to such custody, and to admit such monk as the Abbot of S. Mary's at York should present, the Priory giving up the annual pension of 2 J marcs which they had received out of the Church of Nether Denton since it had passed into the patro- nage of the Bishops of Carlisle. There is also a strong letter of excommunication (No. 200), directed by the same Bishop in 1274 against certain "sons of iniquity" who had destroyed the pool and water supply of the mill of Culgaith, in the parish of Kirkland, which belonged to the Priory. No later Bishop appears in the Register.
There are but few Papal documents. The earliest is an Papal Indult (No. 33) of Pope Alexander III., dated 1165, allowing the cents'. Abbot and Convent of S. Mary at York to appoint Chaplains to serve their Churches which have no Vicars with special pensions from the said Churches. There is a confirmation (No. 18) in 1226 by Pope Honorius III. of the charters of Bishop Athelwold and Bishop Bernard. Pope Gregory IX. in 1240 confirmed (No. 25) to the Abbot and Convent of S. Mary the right to enter upon the Church of S. Michael, Appleby, on a vacancy, notwith- standing the opposition of the Bishop, and allowed the right of patronage which they had for the use of the Priory of Wederhal. Some dispute on the subject appears to have arisen with Bishop Walter Malclerk. This is one of the frequent instances where King, or Bishop, or monk, no doubt for a consideration, secured the Papal sanction in order to further their own ends. The Pope was never unwilling to interfere, as it increased the Papal influence and brought money into the Papal treasury.
Among other ecclesiastical matters, there is a curious contract Corkeby (No. 44) entered into with great solemnity in 1161-65 between ^-•"'^P^'-
XX INTRODUCTION.
Abbot Clement and William son of Odard. He was the Lord
both of Warthwic and of Corkeby, the latter a small demesne
just opposite the monastery on the bank of the River Eden ; and
he had built a Chapel at Corkeby within his own curtilage. It
was agreed that Mass should be celebrated there on Fridays and
Sundays, the proper Chaplain or one of the monks to officiate.
The Prior was to have the key, and no one was to enter without
his leave. The service was to be for William and his wife, and
the servants of his household, and any guests who might happen
to be present. But all parishioners of Corkeby, male and female,
great and small, were forbidden ; they were to go with their
offerings to the mother Church of Wederhal. On the principal
Festivals, William, his wife and all his household were to go with
their oblation to the Church of Wederhal to hear the Divine
Office. If they were absolutely prevented by the inclemency of
the weather, then, the same day, they were to send their offering
to the Prior, on every occasion 13 pence at the least. When they
were away from home, the Chapel was to be closed. William,
moreover, undertook to pay for ever the tithe of his mill whether
in the territory of Warthwic or of Corkeby ; this he appears of
late to have detained. This is an early instance of a private
Chapel, and shews the tight hand which the monastery kept upon
its dues.
Strickland Somewhat later, about 1235, we find the record of another Chapel. . _, .
private Chapel at Strickland (No. 201) in Westmoreland, and
Walter de Styrkeland obtained the concession of a Chantry in his Chapel, the rights of the Vicar and the mother Church of Morland being carefully guarded. Altars. There was in the Church of the Priory of Wetherhal an altar
of the Blessed Virgin Mary and an altar of the Holy Trinity. This perhaps accounts for the fact that in the charters the dedi- cation of the Church is sometimes given "S. Mary and S. Con- stantine," sometimes as "Holy Trinity and S. Constantine.'' For lights before these altars, or in the Church generally, numerous gifts were made: \2d. annually, lands in Denton, in Melmorby,
INTRODUCTION. xxl
in Ulvesby (Nos. 63, 126, 181, 182, 183). John de Wederhal gave land in Kabergh that one wax light of 8 lbs. weight should burn every day before the altar of the Blessed Virgin Mary while Mass was being celebrated there (No. 178). Roger de Bello Campo gave his body to be buried in the Church, and with it Burials, land in Cringeldic to find a vestment and light for ever at the altar of the Blessed Virgin Mary (No. 172). Alan de Langewayt also gave his body to be buried there, and with it gave all his land in Warthwic (No. 57). Similar grants of land were made by Walter the porter at Wetherhal, who is such a frequent witness (No. 86), and by Anselm de Neuby (No. 141) to secure the right of sepulture there.
We have, in the first grant of Ranulph Meschin, an early Manors. example of the territorial jurisdiction of the Norman " Manor'' or Manerium. Though the name is Norman, no doubt the Manor itself really represented the ancient township, which had existed long before the coming of the Norman. The change from the old English village community had begun before the Conquest ; and in the Domesday Survey this territorial lordship, this Mane- rium, is constantly recognized. The free tenants {liberi homines, No. 92) of the lord of the manor answered to the freemen of the village community : and in both cases there was the servile class, the slave (nativus) whose slavery was hereditary and who, with his wife and family (cum sequela sua) and goods, was absolutely at the disposal of his master or lord. We have instances in the Register of the sale or barter of such slaves to the monks of Wetherhal (Nos. 132, 156). The lord of the manor, whether a private person or an ecclesiastical corporation, had a separate juris- diction, independent of other judicial authorities. His men were free from other courts, so far as the grant of the fief to the lord permitted, and were judged by the custom of their own manor. These private courts had also grown up in Anglo-Saxon times, but were greatly multiplied under the Norman Kings. The " freemen " held their tenemental lands under the customs of the manor^ and rendered rent and other services to the lord. The
xxii INTRODUCTION.
Customs of customs of the Manor of Wetherhal are clearly brought out as hai. early as the year 1235, when a case came before the King's
Court, between John son of Elmine, a "freeman" of Wetherhal, who held two bovates of land, and Robert, Abbot of S. Mary's at York (No. 92). In addition to the payment of 8s. annually, it was agreed that John and his heirs had to render the following services : — to carry the corn of the Abbot and his successors at Wetherhal one day in autumn, to find one man to reap one day in autumn, to plough one day in the year, to carry wood for the mill and the fish pool and with the other men of Wetherhal to repair them, to grind his corn at the mill of Wetherhal giving up to the thirteenth measure, and to pay pannage. He was to have no claim by reason of the said tenement on the forest clearings of the monastery, save the privilege of common of pasture on the fallows and stubbles. This was the only special privilege that could be claimed by the "freemen." Forest These matters of pannage and of pasture are interesting in
pas ure. connection with the early charter given by Henry I. (No. 5). The King had granted to the monastery the right of feeding their pigs in the King's Forest, without payment of pannage. This Forest, known later as the Forest of Cumberland and the Forest of Inglewood, came up to the river Eden on the west, and this manor of Wetherhal was really within its nominal boundaries. Hence, the anxiety of the monks to secure the confirmation of their rights by the King as soon as the district passed into the hands of the Crown ; and especially the confirmation of the right of pasture in the large tract between the river and the King's highway or Via Regia, from Wetherhal to the southern boundary of the manor at Dribec (No. 5). The Via Regia passed through the manor. This right of pasture was evidently distinct from any ordinary right of the lord of the manor over commons or wastes, as we learn more fully from the confirmation charter of Edward HI. (Illustrative Documents, xxxiii., m.). By that charter the monks, who seem to have been harassed by the Officers of the Forest, were empowered to depasture not only their own cattle
INTRODUCTION. XXlii
and animals of all kinds on the said ground, but also to take on the cattle of other persons, as they pleased, and to apply the profits thereof to their own use without hindrance.
Certain of the tenemental lands were from time to time granted to the Priory absolutely by the tenants ; and the charters shew what care was taken to secure a legal conveyance of the property (Nos. 62, 65-70, 84-86 et al.) The boundaries of the Bounda- manor were carefully set out (No. 236) and can still be traced with fjfanor. great accuracy. The bounds of the Wetherhal sanctuary were much narrower than those of the manor, and they are defined, but not so clearly (Appendix C and Illustrative Documents, Sanctuary. XXX.). They were marked by six crosses ; the site of one, which stood also on the boundary of the manor, and was called Wetherhal Gryth-Crosse (No. 236), can be clearly determined. This privilege of sanctuary was secured, we find, by the Royal Charter of Henry I., which granted to Wetherhal the same liberties as were enjoyed by the Churches of S. Peter in York and S. John in Beverley (Appendix C). No refuge was allowed to those who had committed felony within the liberty. Felons from without, who sought sanctuary there, had to toll a certain bell in the Church, and swear before the Bailiffs of the liberty that henceforth they would demean themselves well and faithfully. They might then remain as long as they pleased, if they did not leave the bounds. This privilege was of great value in an age when justice moved slowly, and when every man was ready at once to avenge his wrong and to summon his friends to assist him. The sanctuary afforded a refuge at all events until such time as passion might cool down, or friends mediate, or a fair trial could be had. It is clear that numbers resorted to the sanctuary. In the 14th century, we hear of Edward III. pro- mising the Royal pardon to the " grithmen, " men who had found the gritk or peace of Wederhale and of some other sanctuaries, if they went out and fought in Scotland (Illustrative Documents xxviii.). -^ . ^
The proximity of the lords of the manor of Corkeby brought Corkeby.
xxiv INTRODUCTION.
the monks of Wetherhal into other than ecclesiastical relations with them. The history of this manor is carried back by our Register to the beginning of the 12th century. Westcubrict son of William Steffan is mentioned in the charters of Ranulf Meschin and Henry I. and evidently as the lord. The grant of Gillesland by Henry II. to Hubert de Vallibus in 115 7 proves that Westcu- brict was formerly in possession (p. 8 n.). Then Osbert son of Odard, probably Odard Baron of Wigton, appears as lord in the middle of the 12th century (No. 35). His brother William succeeded and, after William, his descendants, until the manor went through a female heir into the family of de Richmund (p. 108 «). By sale and grant the manor and house of Corby has since passed through many hands. Naturally the interests of the lords on the opposite sides of the river occa- sionally clashed ; sometimes their relations were very friendly, at others they were a little strained. In the days of old, when the monks were on the spot, they seem as a rule to have got the better of the lords of Corby; but in the time of the Dean and Chapter, the lords of Corby have had the advantage. The Dean and Chapter often took litde heed of their business, and their successors have suffered. An instance might be cited in the assumption of the ancient fishery coops in the waters of the Eden. Fish pool. Ranulf Meschin, in addition to the manorial fishing rights, had granted by special charter (No. 2) the fish pool and sluice, in the river Eden just below the monastery, which were to be fixed in the opposite bank of Corkeby. No one was to disturb this, or to fish the water on either side below the pool as far down as Munch wath. This was a matter of grave importance to the monks. With the sluice and the "coffins," or coops, placed there, they obtained the salmon which formed such a valuable part of the food of the Priory. It was necessary not only that the holding ground on the opposite bank should be retained but that the fish should not be taken before they reached the coops. As early, therefore, as 1157-67, they got Osbert the son of Odard de Corkeby to grant them (No. 35) the whole of the fishing in the
INTRODUCTION. XXV
Eden which belonged to the vill of Corkeby ; and in order that there might be no difficulty about their own fishery, he gave them the whole of the bank on his side as far as Munchwath. Shortly after William, his brother and successor, and then Robert the son of William, confirmed these grants, enlarging on the point that no one should fish between the pool and Munchwath with hook, or net, or in any other way. An agreement had, it appears, been entered into by which every eighth fish taken in the coops was to be given to the lord of Corkeby, but this was resigned by Robert son of William (No. 42) in a further charter of confirmation, probably in the year 1208, witnessed by the King's justices itinerant. Other points, such as the number of boats to be kept on the water (No. 42), the fine to be paid by the person fishing in the water of the monks (No. 46) and the permission to take stone and wood from Corkeby to repair the weir and the bank on that side (No. 42) are carefully set out. The number and importance of these charters shews the value which was attached to this fishery at that point.
In 1293 the Abbot of S. Mary's was summoned before the justices itinerant for having raised the height of the pool by a foot, and contracted the pass in the river, which by old custom was to be wide enough for a sow with her five little pigs. The twelve jurors however found that the "pool and engine'' were in the state in which they had been from time immemorial. This and other trials prove how jealously these fishing privileges were watched in the 13th century (Illustrative Documents vi.).
Salt also was an article of great importance to the Monastery. Salt pans. They secured very soon, in the first half of the 12th century (No. 101), two salince, or salt-pans, at Burgh on the Sands, where salt could be made by evaporation from the waters of the Solway Firth. These salines were the gift of Radulph Engahin, who had married Ybri, the daughter of Robert d'Estrivers to whom Ranulf Meschin had given the Barony of Burgh. They were the subject of several charters. Another salina was obtained later, on the west coast of Cumberland (No. 135).
XXVI
INTRODUCTION.
Nominal rents.
Land measures.
Places in Wether- hal.
Wether- laal Cells.
There are several instances of curious nominal rents or tenures to be paid. Thus a pair of white gloves (No. 91); a rose on June 24th (No. 78); and one pound, or half a pound, of cumin, always at Carlisle Fair. The pound of cumin seems to have been valued at id. (No. 52) about the end of the 12th century.
Certain measures of land, which have been much discussed, are here made clear so far as this district is concerned. The bovate, or oxgang, is shewn to be equivalent to eight acres, and more accurately to one half of 15^ acres (No. 138); and the carucate, or plough's worth, as equivalent to 8 bovates. The usual acra, roda, and pertica, or perca, are mentioned ; but we do not hear of the hide, though we have hidagium.
The older charters mark other names and places, besides the well-known mill and fish pool, in the more immediate neighbour- hood of the Monastery, many of which must date from Anglo- Saxon times. The Parish Church of Wetherhal and the Chapel of Warthwic (Warwick) must have long existed. The sites of Munch- wath, the Monks' Ford, and of S. Cuthbert's Spring, and of the piece of land having the strange name of the Camera Constantini, can be clearly identified, though the names are no longer known. They seem to point back to some old monastic House near, long before the Norman came into the district. The Via Regia, or Hee Strette, from Carlisle to Appleby (No. 5) can be traced along a present road to the bounds of the manor at Drybec ; it is then mentioned again near Renwick on the other side of the river Eden (No. 175), having probably crossed at Armathwaite and then sought the higher ground. Warthwic bridge must have occupied the same position as the bridge at the present day. Just below the bridge still runs into the Eden the little stream which divided the manors and drained the marsh between Wetherhal and Warthwic, and was then called Sorbeke or Sawbeke (No. 236). Other places, whose names are still extant, will be found entered in the notes.
Not far from the Priory, about 700 yards higher up the river, are three rock-hewn cells which must have existed in the days
INTRODUCTION. Xxvii
of the monks, and probably long before. Their large size, each roughly 20 feet by 10 and nearly 9 feet high, and their position overhanging the river at a height of about 40 feet, points to their occupation as a place of concealment and of safety. They may well have been used in times of danger for the goods or grain of the monastery and perhaps to conceal some of their out- lying dependents. Such times were not unfrequent on that border land. They are not mentioned in the Register, though from the patron saint they got the modern name of St Constantine's Cells, otherwise Wetherhal Safeguard. It is quite possible that in their beginning they may date from Roman times. The quarry of excellent stone just beyond, so conveniently situated for river carriage, and the Roman inscription on the face of the cliff a few yards above the cells, seem to give colour to the suggestion'.
We find some interesting references in the 13th century to Carlisle. the neighbouring City of Carlisle. We read as early as 1200 of the Porta Bochardi (No. 94), the gate in the southern walls of the City, named, according to tradition, after one Bochard, a Fleming. Then we have the Vicus Bochardi (No. 95), the street within the City, the continuation of which is now called Botcher- gate ; and the neighbouring hamlet of Bochardby (No. 97). There is also mention of the precincts of the Old Castle (No. 93), and of the Hospital of S. Nicholas, which was outside the City to the south (Nos. 95, 96). The Register affords us the name of the Mayors of earliest Mayor of Carlisle of whom I have found any record, Richard son of Walkelin, Major, shortly after 1240; also of another Mayor, in 1270 and in 1280, Alexander de Bolotun. We learn too that Syward, the Prapositus, or Provost, of Carlisle was the
1 The cells are described with measurements in Hutchinson, Cumberland, i. 161. The Roman inscription is given by Dr Bruce {Lapidai-ium Septentrio- nale, p. 333, No 468), but is now all but obliterated.
MAXIMUS SCRI[P]SIT....
LE[G]. XX. VV. CONDISIUS...SIUS
with the figure of a stag to the right. "It shews, as elsewhere," he says, "the presence of the xxth legion in the district."
XXVlll
INTRODUCTION.
Appleby.
Place names.
chief oflficer towards the end of the 12th century, and before 1195 (No. 74). There would not be any Mayor yet appointed. Other towns also come in, such as Appleby with its Castle and Churches at the very beginning of the 12th century; and, in the early part of the 13th, its Burgamote, or Burghers' Court of the Community, and its Hospital of S. Nicholas. Many villages occur also, in connection with which points of interest appear, which are noted under their several names. Some, like Morland and Great Salkeld, are illustrated by the history of the time; others, like Camboc and Carlaton and Eston, have left scarce a record, their Churches vanished, their parishes merged in those adjoining.
It is more difficult than in most parts of England to determine the derivation of the place names in this district. The successive immigrations of peoples who supplanted the ancient Celtic in- habitants, or Britons, have all left marks behind them. The Angle or Saxon, the Dane, and the Norseman may be traced by the characteristic name which he occasionally gave to the place of his sojourn. Passing from the south, we enter at Wetherhal upon the more level lands which stretch to the north and west. There, up to the Border and westward to the sea, we find the Saxon terminations ion and stock and ham, and mixed with them most frequently, the Danish suffix by. South of Wetherhal, and elsewhere on the higher, rougher grounds, we meet the thwaite and garth, the fell and bee, which prove where the Northman has dwelt. Most of the river names would appear to be Celtic. History affords us no record of a Norse immigration, as it does of the inroad of Saxon and Dane. But the Northmen who sailed down the western seas and occupied the western islands did not neglect to throw out settlers on to the mainland. The long estuary of the Solway Firth, not unlike some of their native fiords, would attract many of them ; and to it, not improbably, a Norse name was given". Hence in trying to ascribe those place names
1 See Robert Ferguson, Dialed of Cumberland, p. 213, and Northmen in Cumberland, p. 7 sq. who has however too great a leaning to Norse derivations. The Celtic name of the Solway was Tracht-Rotyira.
INTRODUCTION. xxix
to their authors, conjectures have to be hazarded, and often languages are mixed, and some strange mistakes have been made\ Numerous officers, both lay and ecclesiastical, are mentioned in the Register. The earliest record of a Sheriff of this district occurs in the first charter of Ranulf Meschin. Richer was then Sheriffs. Sheriff of Carlisle, though the existence of a Sheriff in that district until long afterwards has been much doubted ^ William is the Arch- earliest Archdeacon mentioned (No. 2) but he was, it seems most <^«'i'=°ns- probable, Archdeacon of York. Robert, who often occurs in the Register, was, I at one time thought, the first Archdeacon of Carlisle, but a charter of Bishop Athelwold in the Chartulary of Whitby speaks of " Elyas, Archdeacon " (p. 64 n). As Robert was Archdeacon after Bishop Athelwold's death in 1 156, Elyas must have preceded him, and would seem to be the first on record. That he was an Archdeacon of Carlisle seems clear from the fact that his name is coupled in the charter with "the Chapter of S. Mary" (of Carlisle). No Prior is mentioned in that charter ; and this Priors of connection seems to support the view that Bishop Athelwold was for a time Prior of Carlisle as well as Bishop. Before that Bishop's death, Walter was Prior of Carlisle, and is often met with in this Register. The Register names many of the Archdeacons and Priors of the 12th and 13th centuries^ The Bishop's Official, Bishop's or Official Principal, appears as early as 1180-92 in the person of '^' "Thomas de Thorp, Official of Carhsle," the See then being vacant (p. 92 «.). He was succeeded by Adam de Kirkeby, Gervase de Louther, and Walter de Ulvesby. The two latter Officials, as seems to have been often the case, were promoted to be Arch-
^ Thus Torpenhow, sometimes written Thorpenhow, is said by Nicolson and Bum to be made up of three words, in .several languages, all meaning "a hill," whereas it simply includes the well-known proper name Thorfin with the suffix how — Thorfinhow.
^ Odard and perhaps Hildred are the next Sheriffs of Carlisle on record ; they appear in the Pipe Roll for the 31st year of Henry I. 1130, Odard being apparently Sheriff the preceding year.
^ On the jurisdiction of the Archdeacon, and the composition entered into between the Archdeacon and the Bishop of Carlisle, see my Visitations in the Ancient Diocese of Carlisle, p. 11 seq.
P. d
INTRODUCTION.
Rural Deans.
Families.
deacons. The Archdeacon, as well as the Bishop, had, it appears, an Official of his own (No. 32), and the seals are mentioned of the Archdeacon, the Chapter and the Official of Carlisle (Nos. 44, 86). Rural Deans are frequently witnesses to these charters. At the end of the 12th century, four rural deaneries are named, which are practically the same as those existing in the i8th century, viz. Carlisle, Cumberland, Westmoreland and Allerdale or Alnedale. Then we have at an early period the Dean of Appelby, apparently a somewhat earlier name for the Dean of Westmorland; of Levinton, a large Barony; and of Gillesland, an early division due perhaps to Gillesland being kept so distinct and having been, to some extent, under the episcopal jurisdiction of Durham. The duties of the Rural Deans seem to have been sufficiently onerous. They had to levy the fines imposed in the Bishop's and Arch- deacon's Courts, and to see executed the orders given there ; to summon those who had to appear at the Bishop's or the Arch- deacon's Visitation; to collect procurations that were in arrear and, on behalf of the Bishop, such taxes as had been laid upon the Clergy by the Crown. There are instances in the early part of the 14th century of instructions to the four Rural Deans, spoken of above, to carry out all such duties (p. 71 ft.).
The names of very early members of many well-known ancient families in the district are met with in the Register. For example, in the family of de Vallibus, Robert, called the second Lord of Gillesland, Ranulph his brother and Robert his nephew and heir, also Ronald, the Lord of Triermain and bastard brother of this second Robert, and many others. We note too early members of the families of Aglionby, Curwen, Levington, Lucy, Dacre, Tilliol of Scaleby, Strickland and Warwick. Many relationships are established, and not a few of the errors rife in the local histories are corrected. Thus Hugo de Morvilla, Lord of Burgo, is proved to be the son, not the grandson, of Simon de Morvilla (No. 101) ; and Christiana is shewn to be the wife of the much discussed Ketell son of Eldred. A good deal of light is thrown on the "two Odards" in the 12th century, about whom there has
INTRODUCTION. xxxi
been not a little controversy, Odard son of Hildred and Odard the Sheriff (of Carlisle) ; several of their descendants also occur. The error which confused Hugh de Morville, Lord of Burgo, with Hugh, one of the assassins of Thomas Becket and Lord of the Honor of Knaresborough, might have been avoided by noting that the latter was the contemporary of Simon the father of the former Sir Hugh (No. 101).
The charters in this Register belong almost entirely to the Founda- i2th and 13th centuries. After Anglo-Saxon times, it was during Moj,°g. these two centuries that the vast majority of the monasteries were teries. founded, and that the chief benefactions were made to them. The number of Anglo-Saxon monasteries in England was, no doubt, large, and some were wealthy; but of these, very many were destroyed by the inroads of the Danes, and in this district some, we know, were swept away. With the Norman Conquest, there came a great increase in the number of Religious Houses and in the amount of property that was granted to them. The honest desire to establish institutions which had much power for good, the belief that such charitable acts would be of spiritual benefit to themselves and their relations and their friends, the strong feelings aroused by the early crusades, these and other causes impelled men to found many of these abbeys and priories, and to make to them gifts and bequests. Hence, above 400 monasteries were founded during the 12 th century, and, it is said, 476 besides alien priories, between the Conquest and the first year of Henry IIL (1216). After this period, the number of new foundations dwindled rapidly away. The amount of property which had accumulated in the hands of the monastic bodies was enormous. We may judge of the multitude of donors even from this small Priory of Wetherhal. They ranged from the King or the great Lord of the district to the humble tenant or the porter of the monastery. This very accumulation of possessions helped to produce a change of feeling. The lands given to the Religious Houses were held by them free from the services usually due from such lands, and free from other incidents.
d2
XXXll
INTRODUCTION.
Grants.
The Laws of Mortmain resulted from this condition of things, in order to prevent the loss to the State or the King ; and these laws materially restricted the bestowal of land. Then, the sub- servience of the monastic bodies to the Pope, their rapacious dealing with the Vicars, the working clergy, of the parishes, these and other causes produced an ever growing unpopularity. En- Decline of dowments found their way in other directions. Chantries were largely established in the Churches. The Friars who first arrived in I22I, and who did not hold land, before long amassed great wealth. And by the 14th century comparatively little was given to the monks. We are not therefore surprised to find that in this Register the charters all but cease at that date ; and that the few additional documents are of a different character, and were even added to the manuscript by later hands.
The further history of the Priory up to the dissolution of the monasteries can only be gathered from a few scattered records and notices; and these last mainly in connection with the Priors. Of the Priors, there is one mentioned in the Register, William Rundel, who was promoted to be Abbot of S'. Mary's at York, in 1239; but in the next and following centuries, no less than five Priors became Abbots of that great mother foundation (Appendi.x E). One former Prior, William de Tanefeld, the first of the name, was in 1309 installed as Prior of the Benedictine monastery at Durham. It is evident therefore that the Priory of Wetherhal had an importance which we should scarcely expect from its size and position. It may be that the Benedictine monks took care to have here some one of authority to keep watch on the three rival Houses of Augustinian Canons at Carlisle, Lanercost and Hexham.
The Abbot and Convent of S. Mary at York had, of course, to answer the summons of Edward I. Quo Waranto ? they held their privileges and property. The pleadings on behalf of the Priory of Wetherhal were put forward before justices itinerant at Carlisle and Appleby in 1292. These pleas as regards certain vills and the Churches of S. Michael and S. Lawrence at Appleby
After the
13th
century.
Later Priors.
INTRODUCTION. xxxiii
are preserved in the Rolls. Their rights were fully established (Illustrative Documents, vii., xi.).
Two interesting visits were paid to the Priory of Wetherhal Visits of by Edward, Prince of Wales, afterwards Edward II. In October, -vvaies." 1 30 1, the Prince had returned from an expedition into the south of Scotland, and was about to proceed through Berwick to join the King. On the 20th, he wrote two letters from Wederhale to the Chancellor, Sir John de Langetone, asking for a protection for his chamberlain and for his "fesicien."' On February 19th, 1306-7, the Prince was there again, only a few months before he came to the throne. He there received Dungal MacDowil, who brought with him some prisoners whom he had taken in battle, among them Thomas and Alexander de Brus, two brothers of Robert de Brus, King of Scots. MacDowil also brought the heads of certain Irish and Cantire men who had been slain. He was duly rewarded by the Prince, whose treasurer kept a careful account of the "courser" and fifty marcs which were given (Illustra- tive Docum. VIII.). The two brothers, with Sir Ranald Crawford, were hanged shortly after at Carlisle, and Robert de Brus led a foray against the MacDowils to avenge them, upon which Dungal and his family had to flee into England. These little historical touches bring vividly before us the rough barbarous character of the times.
The visits of the Prince of Wales to Wetherhal had, not improbably, something to do with the promotion of Prior William de Tanefeld mentioned above. For we learn that when Edward I. was staying in the neighbourhood, the Prior so con- ducted himself towards the King and his son, Edward de Kar- narvan, that they were always afterwards very gracious to him '.
There was at Wetherhal in the year 1309 one of the numerous Provision cases of "provision,'' where the Pope wished to provide an incum- p^pj bent in place of the rightful nominee of the patron. But here a strong opposition was aroused. Pope Clement V. appointed Robert de Gyseburgh to be Prior, John de Thorp being already ' Robert de Graystanes, Hist. Dunelm. Scriptores Tres, p. 85.
xxxiv INTRODUCTION.
in possession on the nomination of the Abbot of S. Mary's. An appeal was made to the King, who at once sent down two writs to Bishop Halton charging him not to cite Prior John to any foreign court, and forbidding the latter to pay any attention to Robert de Gyseburgh's Papal mandates until the matter in con- troversy was fully debated and determined in the King's Court in England. A few years afterwards we find Robert in the office of Prior, but for some offence he had been excommunicated, and was compelled to resign.
Another instance occurs about this time of an appeal to Rome to settle a difference, instead of to the King's Court. A great contest arose in 1338 between Bishop John de Kirkby and the Churches Abbey of S. Mary at York concerning the right to the Churches ^ Jg?^ of Warwick, Wetherhal and others which had been appropriated to the Priory of Wetherhal. It would seem as if the point were clear, but the controversy was only settled when the Abbot and Convent of S. Mary carried the matter to the court of Rome, and there gained their cause (p. is«.). Notwithstanding their inde- pendence of the Bishops, which these monasteries claimed, they Visitation were from time to time subjected to episcopal visitation. We o "ory- have an example in 1358, when the Priory was visited by Bishop Gilbert de Welton in his ordinary visitation of the Diocese (Illus- trative Docum. XXXVII.). Fishery in The fishery at the Pool and the rights of the Priory in the '34^- bank at Corkeby, to which they attached so much importance,
came up again in 1342. This was but natural, as a new family, that of de Salkeld, had lately got possession of Corkeby. A very complete agreement was then made between Sir Richard de Salkeld and William de Tanfeld, the second Prior of that name, Corkeby and the monks of Wetherhal (No. 244). The manor of Corkeby had passed into the family of de Richmund by the marriage of Roald son of Alan de Richmund with Isabella, daughter and heir of that Robert son of AVilliam de Corkeby who appears so often in this Register (p. 304«.). In 1321-22 their descendants Roald, son and heir of Thomas de Richmund, and Richard de Richmund
INTRODUCTION. xxxv
concurred in making over the manor of Corkeby to Andrew
de Harcla, Earl of Carlisle. The Earl did not hold it long ;
for on his attainder in March 1323, it was escheated to the
King, Edward II. Among those who had been instrumental in Salkelds.
the arrest of the Earl was Sir Richard de Salkeld ; and the King
rewarded him with the manor of Corkeby. This gift of his father,
Edward III. confirmed to Sir Richard in October, 1335 (p. 382 n.).
Another member of that family comes before us in connection with Wetherhal, another Sir Richard Salkeld, who with his wife Jane was buried in Wetherhal Church, where his effigy still remains. He died in 1503 (p. 382 n.). Catherine and Mary, the two eldest of five daughters, had each a moiety of the property. Their descendants remained in possession throughout the dissolution, and sold their two moieties of the manor to Lord William Howard, Sir Walter Scott's "Belted Will," of Naworth, in 1606 and 1624 respectively.
Beyond certain disputes concerning their property, there is little to be learned of the history of the Priory in the isth century. An interesting Rental of the property in 1490 has been preserved (Illustrative Docum. xliv.). Like other monasteries, it was gradually going down hill and hastening to the end. The old stones of Wetherhal Parish Church testify to some of the actors in the later scenes. Over the south window of the chancel are Church the words, " Orate pro anima Willielmi Thornton Abbatis." tio^^s''^" William Thornton had been Prior of Wetherhal and was Abbot of S. Mary's at York, apparently the last Abbot of that great foundation. Over the chancel door is the inscription, " Orate pro anima Richardi WedderhaW He was the Prior in 1534-35 when the great valuation was made by Henry VIII. with the view of the transfer of the first fruits and tenths from the Pope to the Crown. This valuation of the property of the monastery is of course preserved to us in the Valor Ecclesiasticus (Illustrative Docum. XLV.). Some time during the next three years, the Priory was Visitation subjected to the general visitation by Thomas Crumwell's visitors. Surrender It was probably made in 1537 by those unscrupulous agents, of P"o'y-
xxxvi INTRODUCTION.
Dr Layton and Dr Legh, for, together with the neighbouring Religious Houses, the Priory appears in the Comperta, or supposed fragments of the Black Book'. Of their report of the Monastery as published, like those of many other Religious Houses, it must be said that it is evidently and needlessly foul and false (Illus- trative Docum. XXXIX.). The deed of surrender of the Priory, examined by Thomas Legh, was signed on October 20th, 1538, by Radulph Hartley, the Prior, and John Clyston, a monk. The property was apparently only given up on December 31st (Illustrative Docum. xxxix.). We have the surveys of the pro- perty at the surrender (Illustrative Docum. xlvi.) when the values are put slightly higher than at the survey a few years before, When the property of the Monastery passed into the hands of the Crown, the site of the House and the demesne lands and fishery were leased on March 4th, 1539, to Sir Thomas Wentworth, knight, for a term of 21 years. A statement of the whole property in great detail is given in the King's Ministers' Accounts (Illustrative Documents, xlii.). The tenants of the customary tenements are there set out, very much as in the Rental of 1490 (Illustrative Docum. XLiv.) and often with the same curious additional rent of a cock, two hens and three days' work in autumn. The Rectory of the Parish Church of Wetherhall valued at £^26. 13J. 4(3?. had been assigned to the late Prior Radulph Hartley by Letters Patent dated January 31st, 1539, as part of his pension (Illustrative Docum. XL.). Sir Thomas Wharton and James Rokebie, Commissioners of the King on the surrender, account for the value of divers domestic articles and utensils which had been sold, also of hve and dead farm stock. The list is interesting; but the valuables were evidently not forthcoming, or had passed into the hands of the King's Receiver, William Grene. Besides the Prior, Radulph Hartley, the names of three of the monks are given— John Clyston, Thomas Hartleye and John Gaille, as well as of diverse officials, servants and creditors.
1 See Suppression of the Monasteries, T. Wright (Camden Society), Letter xlvii, and Dixon, R. W., Hist. ofCh. of England, i. 348.
INTRODUCTION. XXXVll
Probably the number of twelve monks on the original foundation had been diminished, especially as the time of dissolution drew near (Illustrative Documents, lil).
An interesting document dated 1556-7, the report of Com- missioners appointed in 3 and 4 Philip and Mary, affords some information as to the bells of the old Monastery. Instructions were given to the Commissioners to enquire what had become of the three " bells of the late Cell of Wetherhal weying vi C pound weight.'' They learned from Lancelot Saulkelde, the Dean, that one bell came to Carlisle, and was hanged upon the wall called Springall Tower to call the workmen who were making the new Citadel and mending the Castle. The weight of the bell he did not know. The other two bells remained at a house in Wetherhal awaiting the Queen's commands. The two bells he esteemed to be 500 pounds weight. It does not appear what was their ultimate fate^.
The House and whole demesne, the lands and all the Churches, except those of Wetherhal and Warwick, were granted to the Dean and Chapter of Carlisle by their Endowment Charter dated May 6th, 1541' (Illustrative Docum. xlvii.). The excepted Churches did not long remain in the hands of the King. The Dean and Chapter on March 5th, 1546, petitioned to have the Rectory of Wetherhal in recompense for the decay of the Cathedral Church (Illustrative Doc. xl.). The request was granted, and the Churches of Wetherhal and Warwick, with the Chapels of S. Anthony and S. Severin annexed thereto, were transferred to them by Letters Patent dated January rsth, 1547, a few days before the King's death on the 28th of the month (Illustrative Doc. xl., xli.). Some arrangement was to be made with the late Prior during his life, and the Chaplains of Wetherhal and Warwick were each to receive a salary of ^6. A lease for 37 years of the House and demesne lands, the mill and the fishery, was granted by the Dean and Chapter, Lancelot Salkeld the late Prior being now Dean, on December 14th, 1541,
^ See Art. by Rev. H. Whitehead in Cumb. Archieol. Soc. Trans. IX. 264.
xxxviii INTRODUCTION.
to one John Blaklocke of Henryby (Harraby) at a rent of _3^20. OS. Sd., the amount being evidently calculated on the survey made at the surrender (Illustrative Doc. xlviii.).
More than 350 years have gone by and most of the property of the old Priory remains in the same hands. One instructive Survey interlude there was in the 17th century. At the Revolution, the and sale Commissioners appointed by the Trustees under an Act of the Commons of England made a survey in April, 1650, of the manor of Wetherhal and other possessions " late belonging to the late Dean and Chapter of the Cathedrall Church of S. Maries (sic) of Carlisle" (Illustrative Docum. xlix.). The survey of the Rectory has alone been found. The manor with the House and demesne lands were sold to Robert Banks of Cockermouth for ;^io44. 5.?. i^d. It is to be feared that it did not prove a good speculation for the purchaser. On the Restoration in 1660, the Dean and Chapter, with other owners of Church property, reentered into possession. A Bill was that year brought into Parliament to confirm sales and to give indemnity to purchasers ; but it fell through. The purchasers could only fall back on common law, and with a title so defective they had no remedy^.
There are few remains of the monastic buildings. The old gateway tower is in good preservation, and there are portions of two or three walls. The monastery must have occupied a considerable space on the large platform artificially formed on the hill side overhanging the river. Hutchinson, the local historian, asserts (vol. i. p. 156) that what was left of the "edifice" was demolished by the Dean and Chapter of Carlisle "who built a prebendal house &c. in Carlisle with the materials." He further states that Mr Howard, " the late beautifier of Corby, offered a sufficient compensation if they would suffer the building to stand." This was written in 1794, and has been diligently copied. It would be interesting to hear the other side. There is no record of such a proceeding in the Chapter Minutes, as there
1 Hallam, Constit. Hist. Chap. xi. A copy of the conveyance is in the Dean and Chapter Office.
INTRODUCTION. XXXIX
naturally would have been. Whatever truth there may be in the story, it is certain that the stone was not used for any prebendal house. The only house to which this could have referred was the house of the second prebendary at the west end of the Cathedral ; and there is evidence that this was built in the preceding century, being commenced in 1669. Thus are errors perpetuated. The long story of this old and retired place, drawn from these documents, is not without its interest and value. Facts are brought before us about which there can be no doubt, and persons about whom little that is certain is now known. These go back to a time when genuine records are very scanty; and they serve to illustrate, sometimes to correct, the local annals of their day. Just 800 years have passed since the Priory was founded. For more than half that period it had fulfilled, more or less well, the part which the Religious Houses were destined to perform in England. It had witnessed the fusion of Norman and Englishman, the growth of English law and of the English language, the long contest for the rights and liberties of the English people. It had seen the increasing hold of Rome upon the English Church, the attempt to make her subservient to the Papal power, and the Nemesis which followed. It had felt the grasping hand of the most arbitrary of English Kings, though its property had not gone, as in some other cases, to enrich his satellites and counsellors. Then it sank into the solitude of the rural village, its site marked by little beyond the farm and the homestead. Amid all, how little the natural scene has changed. The railway and the telegraph within view may tell of rgth century inventions. Fields and woods, the ford and the spring, occupy often, as we can see, their old position, and bear some- times their old names. The grassy platform on which the Monastery stood can be but little altered. While below the old river runs and murmurs between the same high wooded banks, a type at once of the changes and the continuity of human things above.
xl INTRODUCTION.
The Manuscript Register of Wetherhal and the Transcripts.
It is fortunate that excellent Transcripts had been made before the original manuscript of this Register or Cartulary was lost. It was long in the possession of the Dean and Chapter of Carlisle. It was copied in 1693. A controversy about some of the manors in the Forest of Inglewood, chiefly Wetherhal and John de Chappie, arose in 171 7 between the Duke of Portland and the Dean and Chapter. The latter, to avoid litigation, laid certain documents before the Duke through the mediation of Bishop Nicolson. The result was satisfactory, and no further steps were taken in Chancery. In their letter to the Bishop, the Dean and Chapter refer to their "Cartulary of Wedderal," "which seems by the writing to be about 400 years old." But in the list of docu- ments, copies of which were enclosed, the references to the pages are not the pages of the old Cartulary, but of the Transcript A which the Dean and Chapter now have. On June 23rd, 1772, the Dean and Chapter ordered "the Register of Wetheral deposited in our inner Treasury" to be exhibited at Kirkby Stephen at a Commission then sitting. In the Appendix (R) to The First General Report of the Commissioners on Public Records, dated June 2nd, 181 2 (p. 180), it is stated under the head of Carlisle — " The ancient Manuscript Chartulary of the Abbey of Wetherall at Carlisle does not contain any entries of Public Charters or Statutes." A reference is given to page 343 of The Report of the Select Committee of the House of Commons on Public Records, where there is an inaccurate return of the manuscripts of the Dean and Chapter of Carlisle made by John Brown, Registrar, and among them "An ancient Manuscript Chartulary of the Abbey of Wetherall." We may conclude therefore that the old manuscript was in the possession of the Dean and Chapter in 1812 ; and it is to be hoped that it may some day be recovered.
INTRODUCTION. xli
There are fortunately three good Transcripts in existence, and in addition several series of extracts from the Regista-. These have been carefully collated. The Transcripts are ; —
A. In the possession of the Dean and Chapter of Carlisle, dated 1693.
B. In the possession of the Dean and Chapter of Carlisle. There is in it the statement that it is copied in 1787 from Bishop Nicolson's Manuscript.
C. In the British Museum, Harleian Manuscripts, No. 1881. It is endorsed "given by Dr Todd, who promised to give three vols, more."
Up to a certain point C is practically the same as A and B. But C contains copies of additional documents, no doubt in the old manuscript, but some of them evidently spurious and all of them full of inaccuracies. Where the latter have been clearly errors of the transcriber, the corrections have been made. There were other matters in the manuscript Register which are not in any of these Transcripts. One of them, as copied by Bishop Nicolson, is given among the Illustrative Documents (v.). No doubt, as in many of these monastic Registers, additions were made from time to time by different hands and some on very questionable authority. It is clear that what have been retained in the Tran- scripts are those charters and records which affected the property and were thought to have a legal value. As to these additions in Transcript C, more information will be found in the notes to them.
The most elaborate of the series of extracts from the Register are those of John Stevens published in his History of Antient Abbeys, 1772, being two additional volumes to Dugdale's Monas- ticon. They are taken from a "Transcript of the whole Register Book of Wetheral" which he had received from the Rev. Dr Hugh Todd, of Penrith, Cumberland. There are some of the principal charters at length, and brief extracts from many others. There are also some of the additions found in Transcript C. The names
xlii INTRODUCTION.
are often copied inaccurately. A number of Stevens' extracts are given in the new edition of Dugdale's Monastkon, vol. iii. p. 585.
In the Harleian Manuscript, No. 294 (page 209 seq.), are extracts made by Roger Dodsworth, generosus, in 1638 from the "Chartulary of Wetherall penes Lord Wm. Howard, Baron de Naworth." These are often very brief; they are clearly the same as those used by Dugdale in the first edition of the Monastkon. The names are often copied incorrectly. This "Chartulary'' was probably the same as that which was afterwards with the Dean and Chapter of Carlisle, but there is no record of the transfer having been made. There are extracts in the Harleian Manu- script, No. 2044 (page 105 sq.), of much the same character as the preceding, and these are stated to be from Mr Dodsworth's Book, marked B. Similar extracts will be found among the Dodsworth Collections in the Bodleian Library at Oxford in vol. X. fol. 171 and vol. clix. fol. 138. On none of these extracts by Dodsworth can much reliance be placed for accuracy.
Bishop Nicolson, a most accurate transcriber, made several extracts from the old Register; they are to be found in his four volumes of manuscripts which are in the possession of the Dean and Chapter of Carlisle. He remarks on the incongruity of some of the late additions (MSS. vol. iii. p. 133). He was consecrated Bishop of Carlisle in 1702. He left another manuscript volume, Miscellany Accounts of the Diocese of Carlisle, 1703-4, which has been edited by Chancellor Ferguson. Numerous extracts were also made by Rev. Thomas Machel, Rector of Kirkbythore, in Westmoreland, who died in 1699. They are, nearly all, only abstracts of the charters, and often, like much of his work, inaccu- rate. They are found mainly in the fourth of the six volumes of his loose papers which were bound up by Bishop Nicolson. They are now in the possession of the Dean and Chapter of Carlisle.
Nicolson and Burn in their History and Antiquities of West- morland and Cumberland, 1777, have given many extracts and references. These seem to be generally taken from Machel's MS. volumes, which they have used largely and which were lent to
INTRODUCTION. xliii
Richard Burn, Vicar of Orton, by the Dean and Chapter on Feb. 26th, 1765, the year he was made Chancellor. He gave a formal receipt for the six volumes, which were returned and the receipt given up in 1775. There are numerous references to the Register in a parchment manuscript by Hugh Todd entitled Notitia 8ic... now with the Dean and Chapter of Carlisle. They are practically worthless ; and a list of 'Priors of Wedderal' which he has drawn out is of no value. Dr Todd appears to have deserved the low estimate which Bishop Nicolson had of his literary talents.
A collation of some of the above extracts with the Transcripts has enabled a correct reading of the text to be made in certain doubtful places ; but they have not been sufficient to determine absolutely the crucial case of the King in the first charter. With these extracts references to the pages of the Register are often given ; but they are generally so confused and contradictory that it seemed no good object would be gained by quoting them.
CORRECTIONS.
Page 8, line 2 for de read et.
Page II, line ij for 5th, 1291 read b'Ca, 1292.
Page 144, line 18 for Treby read Ireby.
Page 250, line 3 from bottom for No. 148 read No. 87.
Page 418, note for Carliolensis read Caeleolensis.
Page 425, line 8 from bottom
af/er Tynemuth insert Hextildesham.
CHARTS PRIORATUS DE WETHERHAL.
1. Charta Ranulfi Meschyn super Funda-
TIONE DE WETHERAL.
Ranulfus Meschinus^ Richerio Vicecomiti^ Karli- oli^ et omnibus hominibus suis Francis et Anglis qui in
1. 1 On Ranulf Meschin and the Honor of Carlisle, see Appendix A.
2 The vicecomes was the Norman equivalent to the Saxon sheriff, or shire-reeve (scir-gerefa). This is the earliest sheriff of Carlisle recorded. It must be remembered that the district was a border land, and had only been a few years brought under Norman rule. It must not be assumed that the sheriff here was a king's officer ; nor that the land had been divided into shires or counties. This, we know, took place later (see Appendix A), when the sheriff's duties were clear (compare E. Freeman, Norman Conqtiest, v. 439).
^ The British name Caerluel (from the Celtic "caer" "a mound," then "a fort," and "Luel") points to an occupation long before Roman days of the important position on which the city of Carlisle now stands. Whatever the Luel (perhaps a proper name) may mean in Caerluel, this "camp" or "town of Luel," it appears in the Roman name of the place, Lugubalia. Later it was called simply Luel, and then Carleol or Carliol (written often with K for C) as Simeon of Durham tells us, writing before 1130 — " Lugubaliam quas Luel vocatur"; "Quorum Luel, quod nunc Carleol appellatur" {Hist. Dunelm. Eccles. i. c. 9, ii. c. 5, ed. T. Arnold i. 32, 53). Then it became Carhle and Carlisle, the j coming in through the Norman French. Freeman has remarked that "alone among the names of English cities, it remains purely British" {William Rufus, ii. 550). In the British idiom caer is put before the qualifying name, in the
2 REGISTRUM PRIORATUS DE WETHERHAL.
potestate Karlioli habitant salutem. Sciatis me dedisse in puram elemosinam et sine omni terreno servicio quietum et liberum Manerium quod vocatur Wetherhala^ et cum alijs terris ad Manerium illud pertinentibus Stephano Abbati'^
Teutonic after it ; thus, as he shews, Caer Gwent became Winchester, Caer Glovi became Gloiccester ; but Caer Lttel remained practically unchanged. On the conquest by the Norman, the name was soon applied to all the newly-won district (see Introduction and Appendix A, on Ranulf Meschin).
* Wetherhala is spelt here as in Prior Richard's History of the Church of Hexham (cap. v. circ. i i6o ; see Illustrative Documents, III.) ; sometimes it appears as Wetheral, but generally Wetherhal or Wederhale ; the spelling with the h before the a is the older form. From the Anglo-Saxon weSer "a wether sheep," with the hard th, not \>, and perhaps healh, " a steep slope " or " bank," which agrees with the locality; or from heall (older form hal) "a hall," in Middle English halle ; the word hala, or haula, or aula occurs often in Domesday Book for the mansion or principal house on the estate. The parish included four townships, Wetherhal, Scotby, and Cum- whinton with Cotehill, on the west of the Eden, and Great Corby with Warwick Bridge on the east.
The bounds of the Manor are given in No. 236, where see the Notes. On the " manor " generally, and its growth from Anglo-Saxon times, see Stubbs, Constitutional History, i. 89, 273, 399 ; Sir Henry S. Maine, Village Communities, p. 131 sq. ; E. Freeman, A/brOTrt« Co7iguest,v. 460 sq., and Sir Henry Elhs, Dotnesday Book, Introduction, p. Ixxii (Record Com.). On the legal aspect and some pecuharities of the border district, see J. Scriven, Law of Copyhold, ed. A. Brown, pp. 2, 16 sq. and, on the jurisdiction, F. W. Maitland, Select Pleas in Manorial Courts, Introduction, p. xxxvii. The books and rolls of the manor, in the possession of the Dean and Chapter of Carlisle, do not go back earlier than 1680.
6 This was Stephen de Whitby, the first Abbot, and, with the as- sistance of Alan, Earl of Richmond, the virtual founder of S. Mary's Abbey at York. He became a monk of the Monastery of Whitby under Prior Reinfrid in the year 1078. Some difficulty having arisen on the death of the Prior (see Chartulary of Whitby, ed. J. C. Atkin- son, p. Ixxi seq.) Stephen and other monks left Whitby, and settled at the Church of S. Olaf, or S. Olave, near York, given them by Earl Alan, and founded there a Benedictine monastery. When the monas- tery was reconstructed, in 1089, Stephen became the first Abbot, and
REGISTRUM PRIORATUS DE WETHERHAL. 3
et Abbachise Sanctae Mariae Eboraci' in perpetuam posses- sionem pro anima Domini mei Regis Willelmi' et pro
thus remained for 24 years till his death in 11 12 (see the reff. in Dugdale, Monasticon, iii. 529, 538).
" The Church of S. Olaf, or S. Olave, was built by Siward, the great Earl of Noi-thumbria, in a suburb of York called Galmanho ; and there he was buried in 1055. Some little time after 1078, the Church, with four acres of land, was given by Alan, Earl of Richmond, to Stephen and his brother monks from Whitby (see the note above). There they commenced to form the Benedictine monastery. In 1088 William Rufus visited the monastery and gave more land to it ; and in 1089 himself "opened the ground" to lay the foundation of larger buildings. The dedication was changed from S. Olave to S. Mary ; and from this point dates the virtual foundation of the great mitred Abbey of S. Mary at York (Dugdale, Monasticon, iii. 529, 545, 548}. William I. had given certain lands to the monastery which were confirmed, with other lands and privileges, by William II.; and grants were made by persons connected with Ranulf Meschin, such as Ivo Taillebois and Ranulf's brother William.
7 There is little doubt that this is the correct reading, and not Regis Henrici. The conclusions, in some histories, that Henry I. was the King referred to, and that it is he to whom Ranulf Meschin was indebted for his possessions, are due to the transcript of this Charter given in the first edition of Dugdale's Monasticon (vol. i. p. 398). There the reading is Henrici, and is said to be : Ex registro de Wether- hall penes D. Williel. Howard de Naworth, an. 1638. This and some other charters, though full of evident errors, are, from the numbers of the folios given, certainly transcribed from this MS. Register of Wetherhal, which at the end of the 17th century had passed into the hands of the Dean and Chapter of Carlisle (on this Register and the Transcripts, see the Introduction). Numerous copies of this charter were made from the Register about the same time. Bishop Nicolson, a most careful and accurate transcriber, has the words " Regis Willelmi," with a reference to fol. 7 a of the Register (Nicolson MSS. vol. iii. opposite p. 151). Thomas Machel, not by any means so accurate, speaks of the manuscript as having been tampered with, and of "Regis Henrici" being written "in altetn." He also says the first charter is "very obscure now in the Booke," and speaks of there being a " nev/ copy of this old Deed " written there (Machel MSS. iv. p. 453). If, as seems evident, Ranulf Meschin was put in by William II. to rule the district he had conquered, it was
I — 3
4 REGISTRUM PRIORATUS DE WETHERHAL.
animabus Patris et Matris meae et Richardi Fratris^ mei et pro anima mea et Uxoris mese Lucise' et pro animabus omnium fidelium defunctorum. Testibus Osberto Vice- comite'" et Waldievo filio Gospatricij Comitis", et Forna
not unnatural that Ranulf should be an early benefactor of the Abbey in which that King had shewn such an interest (see above on note 6). Moreover the father of his wife Lucia, who is mentioned here, Ivo Taillebois, was also a benefactor to the Abbey about this time (Illustrative Documents, XVI.) and had strongly upheld the cause of William II. For the date of the charter to be deduced, see note 15 below.
8 Mentioned in the Liber Vita of Durham (ed. Surtees Society, p. 78), where his brother William does not appear.
s See Appendix A, on Ranulf Meschin and his wife Lucia.
1" Osbert de Archis, sheriff of Yorkshire (see Historians of York, ed. J. Raine, iii. 22, 29). He appears several times between iioo and 1 109 and as sheriff in 1106 (see Illustrative Documents, II.), also in Domesday Book (Record Com. i. 329 b).
" Gospatric, Earl of Northumbria, afterwards Earl of Dunbar, was according to Simeon of Durham {Hist. Regum, ed. Arnold, ii. p. 199) the son of Maldred son of Crinan, of the royal house of Scotland ; his mother was Algitha, or Ealdgyth, daughter of Uchtred, Earl of Northumbria, and Elgifa daughter of King Ethelred II. (Skene, Celtic Scotland, i. 394 n, 419 ; see also Freeman, Norman Conquest, iv. 134). He obtained the Earldom of Northumbria from William the Conqueror in 1067, paying a large sum of money, and probably urging the claims of his descent. The next year he revolted against William, and fled with Eadgar the Atheling to Scotland. He submitted and was restored to his Earldom in 1070. In 1072 he ravaged the district of Cumbria ; and the same year he was finally deprived of his Earldom by William, and took refuge with Malcolm, King of the Scots, who granted him Dunbar and the adjacent lands, with the title of Earl of Dunbar. He retained considerable pos- sessions in England ; and his name, as well as those of his three sons Dolfin, Waldief and Gospatric, appears in Domesday Book. These three brothers also appear in the Inquisition of King David in II 20, referred to in Appendix A. Skene points out that the name Gospatric is purely British, and is equivalent to Gwas Patricius, "the servant of Patrick." The form "Quaspatricius" occurs in an Inquisition held in 1247 {Inquis. p. m. 31 Hen. III. No. 38 ; Calendar Documents Scot. ed. Bain, i. p. 316), where his daughter Juliana is also
REGISTRUM PRIORATUS DE WETHERHAL. S
Sigulfi filioi- et Ketello Eldredi filio", et Herveio Morini filio^^ et Eliphe de Penrith".
mentioned as married to Randulf de Merlaco (Merlay). This form may also serve to explain the name of the place Aspatrick, or Aspatria, in Cumberland (see on No. 30, note i). He is said to have had another daughter Gunilda, married to Orm the son of Ketell ; Etheldreda, and yet another, Octreda, are mentioned.
Waldiev received from Henry I. the Barony of AUerdale orAlredal [Testa de Nevill, Record Com. p. yi<)b), generally called AUerdale below Derwent. From William Meschin, Baron of Copeland, he obtained the land between the Cocker and the Derwent and S vills near the valley of the Derwent. There is much about Waldiev in the Distributio Ciimberlandice (Additional Charter, No. 245), but to be received with great caution : see also the very similar document given by J. Bain from the Tower Miscellaneous Rolls, and which he suggests is a statement by the monks of Holm Cultram (Calendar Doc. Scot. ii. 15). Waldiev was a benefactor to S. Mary's Abbey at York, granting, among other gifts, the Church and manor of Brumfeld (see charter No. 14) ; also to the Priory of Carlisle, to which he gave the Churches of Aspatrick and Crosseby (Cross-canonby) and land near S. Cuthbert's, Carlisle (see extract from the charter of Henry II., Dugdale, Monast. vi. 144) ; he also granted to the Church of Bride- kirk in Cumberland, afterwards given by Alice de Rumeley to the Priory of Gyseburne, the vill and church of Apeltun {Chart. Gyseburne, ed. W. Brown, ii. 318 ; Dugdale, Monast. vi. 270), in which grant his wife Sigrida, or Sigarith, and his sons, Alan and Waldiev, are men- tioned. He had a daughter, as well as a sister, called Etheldreda and married to Ranulf Lindsay. This son Alan was also a benefactor to S. Mary's at York, of land in Gosforth and 14 salmon annually from his fishery at Cockermuth. Waldiev and his son Alan also gave land and a herring fishery in Eltadala (AUerdale) to the Priory at Hexham {Memorials of Hexha7n, ed. J. Raine, i. 59).
Of the two other sons of Earl Gospatric, Dolfin was probably the ruler of Cumbria driven out by William II. in 1092 ; Gospatric seems to have been the second Earl of Dunbar, and to have succeeded to his father's estates in Northumberland. The third Earl Gospatric died in 1166 {Roger de Hoveden, ed. Stubbs, i. 253).
12 Forne son of Sigulf, or Liulf, received the Barony of Greystoke from Henry I. {Testa de Nevill, p. yjgb). Forne was a benefactor to the Priory of Hexham, as was also Ivo his son {Memorials of Hexham, ed. J. Raine, i. 59). He died about 1130, for Ivo son of
6 REGISTRUM PRIORATUS DE WETHERHAL.
2. CHARTA RANULPHI MESCHIENS DE EXCLUSAGIO STAGNO EX PISCARIA ET MOLENDINO DE WETHERAL.
NOTUM sit omnibus legentibus vel audientibus litteras has quod Ego Ranulphus Meschinus concessi et dedi in
Forne appears in the Pipe Roll of 31 Henry I. for Yorkshire, paying five pounds for livery of his father's lands. Forne son of Sigulf is mentioned by Simeon of Durham {Hist. Regum, ed. Arnold, ii. 361) among a number of principal men in April 1121. The names of the four sons of Ivo often occur in the later Pipe Rolls.
13 Of Eldred, or Eltred, nothing seems to be known. The local histories which make him the son of Ivo Taillebois are here quite untrustworthy. We know that Ivo had only one child, Lucia (see Appendix A, on Ranulf Meschin). Ketell or Chetell held lands in the Barony of Kendal, which his father may have had before him ; for it appears from an Inspeximus of Edward I. that William, son of William de Lancastre, exchanged some land with the Hospital of S. Peter (afterwards S. Leonard) at York for land in Kirkeby (Kendal) which Ketell son of Eltred had given them (Dugdale, Monasticon, vi. 613). Ketell was also a benefactor to the Abbey of S. Mary at York, giving them the important church of Morland and the church of Wirchington (see No. 14 and No. 235). From the latter charter we learn that his wife's name was Christiana, and that he had a son William. He had another son Orm, who was married to Gunilda, daughter of Earl Gospatric, well endowed on her marriage by her brother Waldiev. A third son, Gilbert, was said to be the Gilbert who was father to the first William de Lancastre, Baron of Kendal. But for this there is no authority ; in this connection see more on Nigel de Albini in No. 7 and Gilbert son of Reinfrid in No. 209.
w There was at a later period Hervicus son of Maurinus who held the Barony of Dalston and the advowson of the Church, which were escheated to the Crown when he was convicted of felony ; these were given to Bishop Walter Malclerk by Henry III. in 1235 {Assize Rolls, Cumberland, 1278, ?n. 27 d.).
1^ The date of this charter must lie between 1092 when William Rufus conquered this District of Carlisle and 11 12 when Abbot Stephen died ; therefore during the last eight years of William's reign or the first twelve years of Henry I., according as we read William or Henry in the charter ; but the former is the probable reading (see note 7 above on Willelmi). On the other hand, the witnesses to the charter, especially Osbert the sheriff, would seem to agree better with the later date.
REGISTRUM PRIORATUS DE WETHERHAL. ^
puram et perpetuam Elemosinam Deo et Sanctae Mariae et Sancto Constantino' de Wetheral et Monachis ibidem Deo servientibus exclusagium et stagnum de piscaria^ et mo- lendino de Wederhale quod scitum est et firmatum in terra de Chorkeby. Quapropter prohibebo ut nee Dominus de Chorkeby* nee aliquis alius violet ipsum stagnum nee
2. ' S. Constantine was a King of the Britons who became a missionary to Scotland and who lived about the end of the 6th century. He was sent by S. Kentigern to preach in Galwedia and was martyred in Cantire. Many churches in Scotland were dedicated to him (Bp Forbes, Kalendars of Scottish Saints, p. 314 ; Diet, of Christian Biog. i. 660). These conjoined dedications are not uncommon. The dedication seems to have been afterwards changed to Holy Trinity and S. Constantine (No. 35 et al.), often written Holy Trinity alone (No. 43 et al.). The monastery was a Cell and subordinate to the Benedictine Abbey of S. Mary at York. The Church seems to have been dedicated to the Holy Trinity and to have contained altars of S. Mary and of the Holy Trinity (see Nos. 126, 183).
2 The sluice and pool for the salmon fishery. The weir (Anglo- Saxon wer) or dam forming the pool was fixed in the opposite bank of Chorkeby. These were afterwards known as " the baye," and supplied the water for the mill mentioned below (see Illustrative Documents, vi.). This pool and weir were only done away with in February 1879, when the mill no longer paid for working. In the sluice, or opening in the weir, were the salmon traps, called coffins (from cophinus or Kocfiivos, " a basket ") as in No. 38, or coops (from Anglo-Saxon ejfa, " a basket," and Latin et/pa, " a tub "). The coop or cupa is mentioned in the Assize Rolls for 1278 (Cumberland, ;«. 32 d.), where there is an interesting account of the fixed engines used in the district for taking salmon, and their abuse ; also of the forma- tion of a board of conservators {Calendar of Documents relating to Scotland, ed. J. Bain, ii. 38). The use of the word "coffin" in the sense of a box or chest is shewn in the Household Books of Lord Wm. Howard of Naworth (Surtees Society, vol. Ixviii. p. 228): "April 12, 1625. To Hetherton for fitting iij coffins for iij sammon pyes going to London, vj^." From the Survey made at the surrender of the monastery (1538) it appears "the fishyng at the Bay" was reckoned at ^10 a year and the "water corne mill" at 66j-. Zd.; while these together with "the scite of the howse " and the demesne lands adjoining were only valued at ^20. o. 8 (Illustrative Documents, XLVI.).
^ At this time probably Wescubrict, son of William Steffan, one
8 REGISTRUM PRIORATUS DE WETHERHAL.
disturbet illud firmari in terra de Chorkeby. Prohibeo etiam ne aliquis piscet infra stagnum de Munchewat* prseter Monachos. Testibus hijs, Willelmo Meschino^
of the witnesses to this charter (see below on Wescubrict), was the lord, and held under Ranulf Meschin. Chorkeby, Korkeby, or Corby, was a manor on the east side of the Eden in the parish of Wetherhal. It was afterwards granted by Henry II. to Hubert de Vallibus, de incremento, together with the barony of Gilsland (see also Testa de Nevill, Rec. Com. p. 379 a) in these terms : " Sciatis me concessisse dedisse et confirmasse Huberto de Vallibus in foedo et hereditate sibi et heredibus suis totam terram quam Gilbertus filius Boet tenuit die qua fuit vivus et mortuus de quocunque illam tenuisset Et de incre- mento Korkeby cum piscaria et aliis pertinentiis quam Wescubrich filius W"' Steffan tenuit." This charter is given in full in Illustrative Doc. XXII., and from the witnesses its date must be between 1155 — 64, probably in 11 57. There is a list of the lords of Corkeby given in Hutchinson, Hist, of Cunib. i. 170, and elsewhere, said to be pre- served at Corby, in the handwriting of Lord William Howard of Naworth ; but it is incorrect, e.g. it does not mention Osbert, a Lord of Corkeby who is mentioned in Nos. 35, 191, the elder brother of William son of Odard. In 1323 the vill of Corkeby Magna was given to Richard de Salkelde by Edward II. after the attainder of Andrew de Harcla [Chron. de Lanercost, ed. Stevenson, p. 251 ; see also on Additional Charter, No. 244). There is a Corby in Lincolnshire, mentioned in Domesday Book (vol. i. p. 371 b), which belonged to the family of Taillebois and came to Lucia, wife of Ranulf Meschin {Orderic. Vit. B. xii. c. 34) ; it is not improbable, therefore, that they brought the name with them.
* Munchwat, or Munchwath as in No. 36, the Monks' Ford, is described as below the pool, between Wederhal and Warwick, at the end of the land known as the Camera Constantini (see note 3 on No. 38) under S. Cuthbert's Spring (see note I on No. 43). It is no doubt identical with the ford still existing, 350 yards below the Rail- way Bridge, and about 525 yards from the head of the weir where the sluices would be.
^ William Meschin was the brother of Ranulf (see No. 3) who, according to Camden, gave him the. lordship of Gillesland (see Appendix A on Ranulf Meschin). From the grant of Henry II. to Hubert de Vallibus (see note 3 above) it would appear that William Meschin did not get Gillesland out of the hand of the original possessor. Gill son of Bueth. He received the Barony of
REGISTRUM PRIORATUS DE WETHERHAL. 9
Willelmo Archidiacono", Odardo'', Hildredo Milite^ Wes- cubrict" Godardo^" et alijs".
" Caupaland" or " Coupland" from Henry I. {Testa de Nevill, Record Com. p. 379 a). It stretched from the Derwent to the Duddon ; and here William Meschin built his castle of Egremunt. He founded near to it the Priory of S. Bega, or S. Bee, as a Cell to the Abbey of S. Mary at York. In the foundation charter he is spoken of as William son of Ranulf, and his wife Cecilia and son Ranulf are also mentioned (see Regist. S. Bega, Harleian MSS. No. 434 ; Dug- dale, Monasticon, iii. 577, No. III.). Ceciha was the daughter of Robert de Romeli, Lord of Skipton in Craven. His son Ranulf must have died after a short tenure of the Barony ; for his daughter Alice took the property with her in her marriage with William FitzDuncan. The relationships of William Meschin, his wife Cecilia de Romeli, his daughter and granddaughter, both called Alice de Romeli, are shewn in the charters granted to Embsay, later (1151) Bolton Priory in Yorkshire (see Dugdale, Monast. vi. 203). Ranulf the son was a benefactor to the Cell of S. Bee and founded Calder Abbey (see the charter of Henry III., Dugdale, v. 340). If Calder Abbey was founded in 11 34, as stated in the account of the foundation of Bellalanda or Byland Abbey (Dugdale, v. 349), then William Meschin was probably dead at that date. His foundation of S. Bees was in the time of Aichbishop Thurstin, 1119 to 1139. He had also lands in Leicestershire and Northamptonshire (see J. H. KounA, Fettdal E?tg- land, pp. 210, 221).
^ Probably Archdeacon of York ; William, Archdeacon, signing directly after Archbishop Thurstin, was also a witness of the founda- tion charter of S. Bees {Monasticon, iii. 577), together with two of the other witnesses here mentioned. Hardy {Fasti Eccles. iii. 131) names him as Archdeacon of York, but only on the authority of these charters as given in Dugdale.
^ The name Odard is very common among persons of distinction in the district during the 12th century, and it is difficult to distinguish them. This Odard may be the same as the Odard who is witness, with Godard, Chetell and others, in two of the three charters of William Meschin to S. Bees ; and he may be identical with Odard, Sheriff of Northumberland in 1121, and was then at York with Forne, son of Sigulf (see above on No. 1). It is not probable that he was identical either with Odard the Sheriff who appears in the Pipe Roll for Carlisle in 31 Henry I. or with Odard, son of Hildred (de Carlel), on whom see No. 72.
10 REGISTRUM PRIORATUS DE WETHERHAL.
3. Charta Ranulphi MESCHINI DE DONATIONE ECCLESIARUM Sancti Michaelis et Sancti Lau-
RENTII DE APPELBY.
Ranulphus Meschinus omnibus Catholicae Fidei cultoribus Salutem. Notum sit omnibus quod Ego Ranul- phus dedi Abachiae Sanctae Maris Eboraci Ecclesiam Sancti Michaelis et Ecclesiam Sancti Laurentii^ Castelli
8 This may be Hildied mentioned in the Pipe Roll for Carlisle 31 Henry I., and often assumed to be Sheriff of Carlisle, or, as they may be identical, Mildred de Carlel to whom Henry I. gave lands in Gamelsby (see on No. 72); but it is scarcely probable. Neither of them is spoken of as a knight. J. Denton {Cumberland, p. 107) speaks of Mildred a knight at the time of the Conquest, afterwards called "de Carliell " ; but this is clearly wrong.
° Wescubrict or Westubricd was the son of WilHam Steffan, and at one time, probably at the date of this charter, the Lord of Corkeby (see note 3 above). From the charter of Menry I. (No. 8) we learn that he was at Corkeby at the time Ranulf Meschin held the " Honor of Carlisle."
1" This Godard who attests the two next charters is, no doubt, the Godard who witnesses the three charters of William Meschin granted to S. Bees. J. Denton {Ciiniberland, p. 9) says that William Meschin gave the manor of Millom between the Esk and the Duddon to — de Boyvill, father of Godard Dapifer, whose family held it to the time of Menry III. One of these may well have been the Godard here mentioned. Godard, as appears from the charter of William Meschin (Dugdale, Monast. vol. iii. p. 577, No. ill.) granted to the Priory of S. Bee the Churches of Witingham (Whicham) and Bothla (Bootle), both in the lordship of Millom.
11 The date of this and the two following charters cannot be long after the preceding, in any case before 1 120, when Ranulf Meschin gave up the district to the King.
3. 1 There seems to be no doubt that these formed a parish or parishes in Saxon times ; and some of the remains in the building of the Church of S. Michael confirm this view. The Churches, naturally, appear often in this Register. This grant to the Abbey of S. Mary at York, by Ranulf Meschin, was renewed, with the addition of two parts of the tithe of his demesne lands on both sides of the river Eden, by another charter (see No. 4), and was confirmed by Henry I. (see No. 9) and Henry II. (see No. 14), also by Bishop Athelwold (No. 16), Bishop
REGISTRUM PRIORATUS DE WETHERHAL. 1 1
Bernard (No. 17) and by Bishop Hugh (Nos. 20 and 24). The last mentioned confirmed the grant (1219 — 1223) on the condition that the house of Wederhale possess the same, saving to the Abbey the accustomed pension, and presenting fit Vicars who should receive, the Vicar of S. Michael 5 marcs and the Vicar of S. Laurence 6 marcs, the Vicars to serve the Churches and pay all Episcopal and Archi- diaconal charges. The patronage of the Church of S. Michael was confirmed to the Priory of Wederhale by Pope Gregory IX. on March 14th, 1240 (No. 25), and the right of entry on a vacancy, apparently in consequence of some claim put forward by the Bishop of Carlisle. Bishop Silvester on Feb. i8th, 1247 (No. 26) confirmed the grant of these two Churches made by Bishop Hugh.
On May 8th, 1248, the patronage of the Vicarage of S. Michael was made over to the Bishop of Carhsle and his successors (together with that of the churches of Ormesheved, Musgrave, Clibburn and Burgh) by the Abbey of S. Mary at York, saving the usual pension paid them from the said church by the PriorofWederhal (see Additional Charter, No. 240). On March 26th, 1256, Walter Scaldewelle being Vicar, Bishop Thomas Vipont ordered what portions the Vicars of S. Michael should have, giving very exact details (see No. 27).
On Jan. 25th, 1251, Bishop Silvester assigned portions to the Vicarage of S. Laurence ; also for the serving of the chapel in the Castle of Appleby every day, and for the service of the chapel of Hoff three days a week ; the payment of 20 shillings pension to the Vicar of S. Michael's was also remitted (see Illustrative Documents, x.).
On November 5th, 1291, an assize was held concerning the right of patronage of the Churches of S. Michael and S. Laurence, which the King, Edward I., claimed ; but judgment was given in favour of the Abbot and Convent of S. Mary at York (see Illustrative Docu- ments, XI.). Other matters of interest connected with the Church of S. Laurence are given among the Illustrative Documents, more especially as to the serving of the Chapel in the Castle of Appleby (see XIII.). There were two Chantrys in the Church of S. Laurence. One the chantry of S. Mary, said to have been founded by William de Goldington (see on No. 157) in the 13th century : the other the chantry of S. Nicholas, founded by Robert de Threlkeld. There is a confirmation by Bishop John de Kirkby, dated March 29th, 133s, among the Levens Hall MSS. (see loth Report Historical MSS. Commission (iv.) p. 322). It confirms the Letters Patent of Edward III. granting licence to Robert de Threlkeld to alienate in mortmain a yearly rent of 74r. -jd. in Appleby... to a chaplain, who shall celebrate
12 REGISTRUM PRIORATUS DE WETHERHAL.
mei de Appelby^ cum omnibus quae ad eas pertinent sicut Radulphus Capellanus meus tenuit quietas et liberas ab omni terreno servicio. Testibus Uxore mea Lucia, et Willelmo fratre meo, et Gilberto Tysun^, et Godardo.
for his soul in the Church of S. Laurence. It recites the charter of foundation of the chantry, dated the Saturday before March 12, 1335. The reference to this confirmation in Nicolson and Burn, Hist. i. 328 is quite incorrect. There are other documents of interest about these chantrys among the Levens Hall MSS.
^ Judging from the importance of the position, there were probably fortifications here before the Norman conquest of the district. Ranulf Meschin could not neglect a point which commanded the pass into Yorkshire, and the junction of the two roads from Carlisle, one by Penrith, the other up the valley of the Eden. It is also probable that he may have held the castles of Brougham, commanding the road from Penrith along the valley of the Eamont, of Brough, the road over Stanemore, and of Pendragon, the road through the pass of Mallerstang into Yorkshire. There are numerous references to the Castle in old documents. In the earliest Pipe Roll (31 Henry I.), when the district had passed into the hands of the King, a person (name illegible) renders account to the Treasury of 40J. that he may be the porter of the Castle of Aplebi. In 1 176 {^Pipe Roll/or Yorkshire, 22 Henry II.) Gospatric, son of Orm, accounts for 500 marcs of amercement because he surrendered the King's Castle of Appelbi to the King of Scots. This was surrendered in 1174 to William the Lion. Others were fined for advising the surrender (see further on Gospatric, Additional Charter, No. 249). In 1194 {Cicmberland, 5 Rich. I.) 40J. was spent by Royal writ on works on the Castle of Appelbi ; and in 10 Richard I. the same amount was spent in repairs, as well as on the Castle of Burgo (Brough) ; again, in i John, loos. on repairs of the Castle of Appelbi, and ^4 on the Castle of Burgo ; and other amounts several times in the same reign. In February, 1227 — 28, Henry III. issued a writ to the Constable of the Castle to give up the Castle to the bearer, the King having granted to Hubert de Burgo the ward of the land and heir of Robert de Veteripont with the Castles. Similar writs were issued as to the Castles of Malverstang, Bruham and Burgh {Patent Rolls, 12 Hen. III. m. 6). See further on No. 204. After this date the history of the Castle is clear. On the building itself, see a paper by Chancellor Ferguson, Transac. Cumberland Archceol. Society,v\\\.iZ^.
3 Gilbert Tison or Tisun, in a grant of lands made by him to the Church of Selby, is called summus vexillator of the King of Emrland
registrum prioratus de wetherhal. 1 3
4. Charta Ranulphi Meschini'.
Ranulphus Meschinus omnibus Catholicae Fidei cultoribus Salutem. Notum sit omnibus quia Ego Ranul- phus dedi Abbatiae Sancte Marise Eboraci Ecclesiam Sancti Michaelis et Sancti Laurentii de Appelby cum omnibus quae ad eas pertinent sicut Radulphus Capellanus meus tenuit quietas et liberas ab omni terreno servicio et duas partes decimae Dominij mei ex utraque parte aquae^ et duas partes decimae Dominij mei de Maiburne' et
(William I.). This was in the time of Aired, Archbishop of York, 1060 — 1069. Another grant was made by him to the same Church in the time of Archbishop Thomas, 1070 — iioo (Dugdale, Monasticoi, iii. 500). His name appears as a proprietor in Domesday Book, 1085 — 86 (vol. i. p. 327 a). He was also a benefactor to the Abbey of S. Mary at York {Monastico7i, iii. 534).
4. ^ This grant is similar to the preceding ; there is no mention of the Castle of Appelby, but we have in addition a grant of two parts of the tithe of the demesne lands and of Maiburne and Salchild, with the same witnesses. Such reservation of one third, or two thirds, of the tithe was not uncommon ; see examples in Chron. of Abingdon, ed. J. Stevenson, ii. p. LXX.
2 That is of the demesne lands at Appelby on both sides of the water of the river Eden.
^ Maiburne or Mayburn was in the parish of Crosby Ravensworth in Westmoreland, the Church of which belonged to the Abbey of Whitby. It was called later Mauld's Meabum from Maud or Matilda, sister of Sir Hugh de Morville, Lord of Burgh, and wife of William de Veteriponte, in the reign of Henry II. (see on No. 204). It was distinguished from Meabum Regis, or King's Meaburn, in the adjoining parish of Morland, which is mentioned in No. 219. It is also called Gerard's Meaburn, and appears under this name in No. 228, where the Abbey of S. Mary at York allows these two parts of the tithe to the Vicar on the payment of is. annually, the date being between 1132 and 1 161. A convention was entered into concerning these tithes between R. Abbot and the Convent of S. Mary at York, and Peter, Abbot and the Convent of Whitby, the former giving a perpetual lease of the tithe for an annual payment of 10 quarters of wheat ; see the Additional Charter, No. 241, and the corresponding charter in the Chartulary of Whitby (ed. Atkinson, i. 216), the date being be- tween 1 190 and 121 1. This payment appears to have been afterwards
14 REGISTRUM PRIORATUS DE WETHERHAL.
Salchild''. Testibus Uxore mea Lucia et Willelmo fratre meo, Gilberto Tysun et Godardo.
5. CONFIRMATIO REGIS HENRICI PRIMI DE CELLA
Sancti Constantini cum MANERIO DE Wederhala.
Henricus Rex' Anglise Archiepiscopo Eboraci et Justiciarijs et Vicecomitibus et omnibus Baronibus et Fidelibus suis Francis et Anglis Eboraci scire et de Kar- leolo^ salutem. Sciatis me concessisse et confirmasse Deo
commuted for a money pension ; at the dissolution, we find, a pension of £4 was paid by the Rector of Crosby Ravensworth to the Priory of Wetherhal (see Illustrative Documents, XLV.). This grant is con- firmed by Henry I. in his charter, No. 9.
■> Salchild or Salkeld, called Salkeld Regis in No. 237; also in later times called Great Salkeld, probably to distinguish it from the manor of Little or Old Salkeld in the parish of Addingham, which belonged to the Priory of Carlisle. Salkeld remained in the King's hands when Ranulf Meschin left the district, and was one of the manors given to Alexander, King of Scots, under treaty by Henry III. in 1242 (see on Scotby, No. 14). The Church was very early appropriated to the Archdeacon of Carlisle, but in the time of Henry III., it appears from the above grant, the advowson was in the hands of the King. In 1292 it was decided that the advowson was with the Bishop, the Archdeacon (Richard de Wytebi) being parsona impersonata, Henry III. having granted it by charter to Bishop Walter Malclerk in 1236 — 37 (see Placita de quo war. Record Com. p. 116 a; it is there called Parva Salkeld, the names evidently having being interchanged in error). For Little or Old Salkeld, see on Adam Salsarius, No. 154. The lands, of which the Priory had two parts of the tithe and the rector one, are set out in No. 237. At the dissolution, as well as in 1490, the pension for this tithe was reckoned at 15J. (see Illustrative Docu- ments, XLIV. XLV.).
5. 1 Henry the First. On these confirmation charters, see the Introduction to the Charter Rolls (Record Com. vol. i.) by Sir T. D. Hardy.
2 The Shire of Carlisle ; the District or Honor of Carlisle was now divided, with certain additions (see Appendix A) into the shires of Carlisle and Westmoreland, Charkolium and Westmarieland, and the shires or counties appear under these names in the earliest extant Pipe Roll, that of 31 Henry I.
REGISTRUM PRIORATUS DE WETHERHAL. 15
et Ecclesise Sanctse Marias Eboraci et Abbati Gaufrido" et Monachis ibidem Deo servientibus Cellam Sancti Con- stantini cum Manerio de Wederhale et cum Capella de Warthwic^ et cum exclusagio et stagno de piscaria et de molendino de Wederhale quod est scitum et firmatum in terra de Chorkeby sicut habuerunt quando Randulphus
3 Gaufrid, the third Abbot, was only Abbot for less than two years, 1131— 32. He died according to Dugdale {Monasiicon, iii. 538) on July 17th, but Walbran in his Memorials of Fountains Abbey (i. 7) shews that he was alive till after October 6th.
* Warthwic, or Warwick, was a distinct parish, as appears from the charter of Bishop Athelwold (No. 16). The Chapel was probably in subjection to the Church of Wetherhal (compare Phillimore, Eccles. Law, ii. 1825). We find from No. 14 that this Chapel, as well as the Church of Wetherhal, was granted by Ranulf Meschin. Later, a distinct incumbent was appointed by the monastery (see No. 39). A great controversy on the right of advowson of Wetherhal and Warwick, claimed by Bishop Kirkby, arose in October, 1338. The Abbot and Convent of S. Mary, not having appointed to the vacant Church of Warthwic in time, the Bishop gave the benefit of the lapse to R. de Bramlay, Doctor of Civil Law, who, as the Bishop's Commissary, collated Richard de Besyngden (or Resynden) to the benefice. This was withstood by the Convent, whereupon the Bishop by a notarial act summoned the Abbot and Convent to prove their title to all the Churches they claimed in the Diocese of Carlisle ; but they disdained to put in an appearance. Legal proceedings went on. A declaration of contumacy was pronounced against the Bishop for not answering a citation ; but this was revoked by the Official of the Court of York in December, 1338, and the revocation was confirmed by the Archbishop, on the Bishop pleading that he was engaged in state business on the Marches. The Convent appealed to Rome, and in the end the controversy was settled in their favour {Register of Bishop Kirkby, MS. pp. 380, 385 — 8). The Chapel was dedicated to S. Leonard, see Nos. 39, 55. Warthwic parish adjoined the manor of Wetherhal on the north, and was bounded on the other sides by the river Eden and Scotby beck. In it were at an early period the two manors and families of Warthwic and Aglionby, so often occurring in this Register. Warthwic manor would seem to have been given to Odard de Corkeby at the same time as Chorkeby (see No. 2, note 3), for we find it in possession of his son William (see on No. 35) ; they were probably granted by Hubert de ValHbus,
l6 REGISTRUM PRIORATUS DE WETHERHAL.
comes Cestriae' habuit Karleolum". Et confirmo eis ex dono meo totam pasturam' inter Edene^ et Regiam viam' quae ducit de Karleolo ad Appelby" et a Wederhale usque ad Dribec". Et concede eis Forestam meam^^ ad porcos
5 Ranulf Meschin had lately died, in 1129 (see Appendix A); he is here spoken of as Earl of Chester, and nothing is said of an Earldom of Carlisle.
" This is the District or Honor of Carlisle as in No. 8, not, as above, the Shire.
' This pasture was in the Forest ; and the monks could also depasture cattle of other persons and take the profits, see the charter of Edward III. referred to below, note 12.
' The river Eden, from the Celtic ed and ad (Sanskrit ud) " water,'' with the formative termination en (comp. Robt. Ferguson, Dialect of Cuviberland, p. 206), rises in one of the mountains of the Pennine range, at the head of the Mallerstang valley on the borders of Westmoreland and Yorkshire ; passing through Appleby, it flows in a direction nearly north by Wetherhal and Warwick, when, turning westward, it flows, after a few miles, by Carlisle and on into the Solway Firth. There are two rivers of the same name in Scotland, one near S. Andrews, Fife, the other in Roxburghshire.
' It is termed also " Strata Regia quae vocatur Hee-Strette," in No. 236, where see its direction determined, running parallel to the river and less than a mile distant. This would be the highway or King's high road ; but it is doubtful whether a Roman road ran here. The road is traced further on the other side of the river Eden, see on Nos. 175, 179.
" On the borough of Appleby, see No. 223.
'* The southern boundary of the Manor of Wetherhal, as set out in No. 236.
'^ The King's Forest, of which this is perhaps the earliest record. It is called "my Forest of Carlisle" in No. 9 ; it was known later as the Forest of Cumberland and the Forest of Inglewood. In Testa de Nevill (p. 379 b) we find that Ranulf, Lord of Cumberland, gave the custody of the Forest of Cumberland to Robert de Trivers at an annual rent of x. marcs, and that at the time of that Inquisition the King had the custody of the said Forest in his own hands. A peram- bulation of the boundaries of the Forest was made in the reign of Edward I., and confirmed by Letters Patent, dated Feb. 14th, 1301 (given in full in Nicolson and Burn, History, ii. 522). The same boundaries are shewn by an Inquisition, made in 1380 (see Escheat,
REGISTRUM PRIORATUS DE WETHERHAL. 1 7
4 Ricard. II. No. 115 ; a copy is among the documents in the Dean and Chapter Office at Carlisle). The Forest of Inglewood then included the land, omitting the City of Carlisle, between the Shawk and the Eden, and the Amote (Eamont) on the south ; but no doubt, at an earlier period, the King's Forest was much larger, and included roughly most of the Shire that was outside the Baronies and the City of Carlisle. The earlier Pipe Rolls contain numerous references to the Forest, especially to the rent paid for its custody; thus in n66, a rent of 5 marks (see the references in the Introduction, Pipe Rolls for Cumberland ^'c, p. xxiii.). In 1 186 the Pipe Roll gives us the following entry — " Idem Vicecomes reddit comptum de dimidio marci de Priori de Wederhala pro warda facta in foresta." In 121 1, Richard de Luci pays 5 marks for the Census Forestae and a fine of ^100 de foresta male custodita. King John granted the Hermitage of S. Hilda in "our forest of Englewode" on March ist, 1214 — 15, to the Abbey of Holm Cultram with land which Robert Gobi formerly held and a ■vaccaria for 40 cows in the Forest {Register Holm Cult. MS. p. 164 sq. Close Rolls 16 John m. 7, and compare Placita de quo War. Rec. Com. p. 1301Z). We learn from the charter of Edward III. in 1331 (see Illustrative Documents, xxxill.) that the King's Officers of the Forest had disturbed and harassed the monks of Wederhale, and that the privileges of wood and of pasture in the Forest, granted here and in No. 9, were fully confirmed by the King.
The disafforesting of a part of the Forest, the manor of Dalston, is set out in the grant by Henry III. to Bishop Walter Malclerk on July 15th, 1231 ; and a grant of the tithes of certain assart lands in the Forest to the Priory of Carlisle was made by Edward I. on Dec. 5th, 1293 (these are given in full in Nicolson and Burn, History, ii. 541, 546) ; the same King in February, 1286 had granted to the Priory of Carlisle the tithe of animals taken in the Forest, and other privileges as to wood, and that the dogs of their men should be quieti de expedi- tacione ; this was confirmed by an Inspeximus, dated April 30th, 1331, by Edward III. {Patent Rolls, 5 Edw. III. tn. 8 ; there is a copy in the Dean and Chapter Office). On October 26th, 1363, Edward III., in consideration of the heavy losses of growing crops caused by the Scottish army, granted to the men and tenants of Penred, Salkeld and Soureby in Englewood Forest the right therein of common pasture for all their animals for ever {Patent Rolls, yj Edw. III. m. 22 ; Record Com. p. 177). On the forest laws and their cruelty about the time of this charter, see Stubbs, Const. History, i. 402 and Select Charters, pp. 156, 206. A Parliamentary survey of the Honor of Penrith and part of the Forest of Inglewood was made July i6th, 1650 ; a copy is
P. 2
1 8 REGISTRUM PRIORATUS DE WETHERHAL.
suos de Wederhal sine pannagio''*. Et concede eis et confirmo Ecclesias res possessiones terras et omnia quae eis data sunt et confirmata per cartas meorum proborum" virorum et prohibeo ne aliquis eis inde contumeliam faciat. Et praecipio ut ita habeant consuetudines suas et terras suas et res quietas ab auxiliis et tallagiis" et ab omnibus rebus sicut habet Ecclesia Sancti Petri in Eboraco'" vel Ecclesia Sancti Johannis in Berverlaco" et omnes easdem libertates habeant quas habent istae dux Ecclesiae. Testi-
in the Office of the Dean and Chapter of Carlisle. A good and full account of the later history of part of the Forest is given by Chancellor R. S. Ferguson in Popular County Histories, Cumberland, p. irSsq. ; see also Hutchinson, Cumberland, ii. 465.
" Pannagiiim, from Old French pasnage, pasture, the food on which swine feed, such as acorns and beechnuts ; also the payment made for the privilege of feeding swine in the Forest. The amount paid as pannage in the King's Forest of Cumberland appears from the Pipe Rolls to have been considerable ; in 14th Henry II. it was £i, and in I Richard I. as much as £\j. 3^-.
" Some of these grants are detailed in the charter of Henry II. No. 14.
'^ Auxilium, an aid ; auxilimn Regis, money levied for the King's use ; Tallagitim, tallage, a tax, from the French tailler, " to cut off" ; an extraordinary payment assessed on the property of the Crown. From the Pipe Rolls it appears there was a Tallage in 33 Henry II., and several in the reigns of Richard I. and John ; see Thos. Madox, History of the Exchequer, i. 685.
" The Cathedral Church of S. Peter at York, which had important liberties, especially of sanctuary. These are fully set out in the charter of liberties granted or confirmed by Henry I. ; see Dugdale, Monas- ticon. No. XXXI. vi. 1180.
'^'' The Church of S. John of Beverley, or Beverley Minster, was founded as a monastery, at the beginning of the 8th century, by John, Bishop of Hexham, and afterwards Archbishop of York (705—718), who died in 721, and was canonized in 1037. The Church was refounded by King Athelstan as a Collegiate Church in 928, and John of Beverley was taken as the patron saint. A good account of Joannes Beverlacensis is given by Canon Raine, s. v. in the Diet, of Christian Biography, vol. iii. This Church also had important privileges of sanctuary ; see Dugdale, Monast. vi. 1307 and Appendix C.
REGISTRUM PRIORATUS DE WETHERHAL. 19
bus Roberto de sigillo", et Pagano filio Johannis, et Eustachio fratre ejus" et Pagano Peverel^" apud Windes- hores^\
'8 Roberto de sigillo was a monk of Reading and Chancellor of the King; he became Bishop of London in 1141, and died of eating poisoned grapes in 1151. See contin. Florence of Worcester and John of Hexham, in ann. 1141, 11 50. He is witness to numerous charters of Henry I., as No. 8 ; and to the grant of the Church of Newcastle to the Priory of Carlisle (Dugdale, Monasticon, vi. 144), also to the Foundation Charter of Furness Abbey by Earl Stephen, afterwards King.
" Eustace son of John was, according to Dugdale {Baronage, i. 90), the son of John de Burgh and nephew and heir of Serlo de Burgh, founder of Knaresborough Castle. Eustace was a well-known character in the reigns of Henry I. and Stephen, and a favourite of the former King. He married, first, Beatrix, daugher of Yvo de Vesci, and from him the family of de Vesci was lineally descended. Eustace and his brother were among the early justices itinerant. Eustace, together with Walter Espec, appears in the Pipe Roll for 31 Henry I. as holding pleas in Carhsle and Westmarieland (ed. J. Hunter, p. 143) ; and Pagan son of John as justice itinerant in the western Midland counties. The brothers are witnesses to a charter of Henry I. in 1133 to the Abbey of Rievaulx, founded by Walter Espec, together with, among others, Robert de sigillo and Jordan Paganel {Chart. Rievaulx, ed. Atkinson, p. 141). Eustace, with his second wife, Agneta, daughter of William son of Nigel, Constable of Chester, founded the Priory of Watton in Yorkshire (see on No. 208), also the Abbey of Alnwick in 1 147, the second of the Premonstratensian houses in England, of which Shap, or Heppe, Abbey was one (see the charter in Dugdale, Monasticon, vi. 867). Pagan, who with Athelwold, Bishop of Carlisle, witnessed King Stephen's Charter of Liberties in 1 136, was in command on the marches of Wales, and was slain by an arrow in the brain when chastising the Welsh in 1136, see Henry of Huntingdon, Gesta Stephani, in ann. The same witnesses occur in No. 8.
^ Pagan or Paian Peverel was, probably, the brother of William Peverel (see on No. 7), whose progenitors as given by Dugdale {Baronage, i. 438) seem somewhat doubtful. He was the standard- bearer of Robert, Duke of Normandy, in the Holy Land, and died in London. He founded, or rather moved to Barnwell near Cambridge, in II 12, a Priory, where he placed Augustinian Canons, but died before the buildings were completed. To this Priory, a charter of
z — 3
20 REGISTRUM PRIORATUS DE WETHERHAL.
6. Charta DOMINI Regis Henrici secundi.
Henricus^ Dei gratia^ Rex Angliae et Dux Norman- norum et Aquitanorum et Comes Andegavise" omnibus Archiepiscopis Episcopis Abbatibus Prioribus et omnibus Baronibus et Justiciariis Vicecomitibus et ministris suis et omnibus fidelibus suis Francis et Anglis in Anglia Salutem Sciatis quod Ego Henricus Rex Angliae pro salute animae meae et pro salute animarum Henrici Regis Avi mei et Willelmi Regis Proavi mei et Willelmi Regis secundi filii ejus et pro redemptione animarum Patris et Matris meae et omnium Parentum meorum nee non pro statu Regni mei concedo et dono in puram Elemosinam Savarico* Abbati et successoribus ejus et Abbachiae Sanctae Mariae Eboraci et Monachis ibidem Deo servientibus Terras Ecclesias decimas silvas plana stagna molendina et alias
Henry I. grants certain lands on the petition of Pagan Peverel ; see Dugdale, Monasticon, vi. 87.
21 Windsor, where the King often held his court. Henry of Huntingdon tells us that he lay sick there during Christmas 1132.
The date of this charter is fixed by the name of Abbot Gaufrid to be in 1131 or 1132.
6. 1 Henry the Second, who was knighted at Carlisle, at Pentecost 1 149. by David I. King of Scots {Ralph de Diceto, ed. Stubbs, i. 291). This is only the first part of the charter granted to the Abbey of S. Mary at York, which is given in full in the Harleian MS. No. 236, fol. bb (see also Dugdale, Monasticon, iii. 548) ; the part referring to the Wetherhal grants is given below in No. 14.
2 This formula is generally a mark of the later charters of Henry II.
^ Henry II. was Count of Anjou in right of his father, Geoffrey Plantagenet. He first took the title of Duke of Normandy in 1150 with the approval of his mother, the Empress Maud. He became Duke of Aquitaine in 1 152 on his marriage with Eleanor, the divorced queen of Louis VII. of France, and daughter and heiress of William, Duke of Aquitaine.
^ Savaricus, or Severinus, was Abbot for 30 years from 1132 to April, 1 161 ; see Roger de Hoveden, ed. Stubbs, i. 129W. and Dugdale, Monasticon, iii. 538.
REGISTRUM PRIORATUS DE WETHERHAL. 21
possessiones possidendas liberas et quietas ab omni terreno servicio in perpetuam possessionem cum Soch et Sach' et tol et theam^ et infangentheof, cum eisdem legibus et dignitatibus et libertatibus quas habet Ecclesia Sancti Petri Eboraci vel Ecclesia Sancti Johannis Beverlaci, et nominatim ut quum Eboraci scyra fuerit summonita ire in exercitum Regis tunc inveniet prsedicta Abbachia unum hominem tantum in exercitu Regis cum vexillo Sancta; Marise sicut faciunt supradictse Ecclesia;. Et ne homines Sanctae Marize eant ad Schiras vel Tridigns^ vel Wapen- tachs vel Hundreds', nee etiam pro Vicecomitibus vel
° Soc is the power or liberty to execute judicial authority, also the district or area within which such liberty is exercised, from the Anglo- Saxon soai, "an inquiry" or "examination"; sac is the power of hearing and determining matters in dispute, the jurisdiction in writs or causes, from the Anglo-Saxon sacu, "a contention" or "dispute." Hence the law terms " soke," as above, and " socage," the tenure of land within the lord's soke or franchise. On this, and many of the following terms, there is much in the General Introduction to Domesday Book by Sir Henry Ellis, published by the Record Commission, 1816.
^ Tol, toll or duty, also the liberty to take, or be free from, toll ; from the Anglo-Saxon toll. Theam or team, the privilege of judging bond- men, their children and goods, from the Anglo-Saxon tedm, " a family " or " offspring."
' Infangentheof, the privilege of judging a thief taken within the district or manor to which the right belonged. So utfangentheof is the similar jurisdiction over a thief taken outside the district ; from the Anglo- Saxony5z«^««, "taken," from fon, "to take," and lieof "a thief."
' Tridign, for Triding or Thriding, the third part of a shire, or the court held within a Triding, inferior to the Scira or county court. Hence, the three Ridings, or divisions, of the Shire of York, the th being lost in composition with the words North, East and West. Lincolnshire was similarly divided.
^ Wapentachs and hundreds. These were the inferior divisions into one or other of which the shire was usually divided, also the courts held in these divisions. The wapentake answered to the hundred in regard to administration, and occurred chiefly in the Danish part of England. The word is from the Anglo-Saxon wcepengetcEC or wapentdc, borrowed from the Norse. At the election of the new chief of a wapentake, he raised his weapon or spear, which
22 REGISTRUM PRIORATUS DE WETHERHAL.
Ministris eorum, sed si Vicecomites vel Ministri eorum habent querelam contra homines Sanctae Mariae dicant Abbati et statuto die veniant in Curia Sanctse Mariae et ibi habeant rectum de capital! placito suo et Sancta Maria habeat quicquid pertinet ad Curiam suam. Et ne alicujus Hzeres aut successor querat relevamen vel aliquod Domin- ium praeter Orationes et preces et elemosinas animae suae de beneficijs et elemosinis quas aliquis dedit praedictae Abbachiae quae subscribuntur hie'".
7. CONFIRMATIO HENRICI REGIS DE TERRIS, ETC.
Henricus' Rex Anglorum Archiepiscopis Episcopis Abbatibus et omnibus Comitibus et Baronibus et Justici- ariis et omnibus Vicecomitibus et ministris suis per Angliam Salutem. Sciatis quod Ego Henricus Anglorum Rex pro salute animae mese, et pro salute quoque animarum Wil- lelmi Regis Patris mei, Matrisque meae Matildis Reginae- vel fratris mei Regis Willelmi necnon pro Statu Regni nostri concedo in puram Elemosinam et do Richardo' Abbati et Successoribus ejus et Abbachiae Sanctse Mariae Eboraci terras Ecclesias decimas silvas plana stagna mo-
his men touched in token of fealty, see Skeat, Etym. Diet. s. v. quoting B. Thorpe, Ancient Laws, Glossary. The hundreds were probably the districts in which the hundred warriors originally settled, but it is not known with certainty ; they were unequal geographical divisions, see Stubbs, Const. Hist. i. 97 and Thorpe, 1. c.
"> As Henry II. began to reign Dec. igth, 1154, the date of this charter lies between 1154 and the death of Abbot Savaricus in April 1 161. But the one witness to the charter of Henry II. given in Dug- dale (see note above) is Thomas (Becket) Archbishop of Canterbury, who was consecrated May, 1162; this is an error for Theobald, his predecessor ; see Illustrative Documents, xxxil.
7. 1 Henry the First. This is another and earlier charter, con- firming the property and liberties generally.
2 Matilda, wife of William I., was a daughter of Baldwin V., Count of Flanders, she died November 2d, 1083.
3 Richard, the second Abbot of S. Mary's at York, from H12 to his death December 31st, 1130.
REGiSTRUM PRIORATUS t)E WETHERHAL. 23
lendina et alias possessiones suas possidendas liberas et quietas ab omni terreno servicio in perpetuam possessionem sicut uncquam melius tenuerunt tempore Antecessorum meorum cum eisdem legibus et libertatibus et dignitatibus et consuetudinibus quas habet Ecclesia Sancti Petri Eboraci vel Ecclesia Sancti Johannis Beverlaci. Et ne homines Sanctae Mariae eant ad Schiras vel Tridigns vel Wapentas vel Hundredas. Nee etiam pro Vicecomitibus vel ministris eorum sed si Vicecomites vel ministri eorum habent querelam contra homines Sanctae Maris dicant Abbati Eboraci statute die veniant in Curiam Sanctae Mariae et ibi habeant rectum de capitali placito suo et Sancta Maria habeat quicquid pertinet ad Curiam suam. Et ne alicujus haeres vel Successor querat relevamen vel aliquod Dominium praeter orationes et preces et elemo- sinas animae suae de beneficijs et elemosinis quas aliquis dedit praedictae Abbachiae. Testibus, Ranulpho Episcopo Dunelmensi^ Nigello de Albenio^ Willelmo PevereP et Radulpho Basseth' apud Clarendunam'.
* Ranulph or Ralph Flambard was Bishop of Durham from June 5th, 1099 to his death, September sth, 1128.
^ Nigel of Albini was, hke Ranulf Meschin, one of the leaders loyal to Henry I. and distinguished himself at Tinchebrai (1106) and on later occasions in Normandy ; i]k was rewarded with large estates. He had been in the service of William Rufus, and had married, first, Matilda de L'aigle or de Aquila, the wife of the imprisoned Robert de Mowbray, Earl of Northumberland, and niece of Earl Hugh of Chester He obtained a divorce from her, and then married Gundreda, sister of Hugh de Gournai {Qrderic Vital. Lib. viii. c. 23), by whom he had a son Roger (Dugdale, Monast. vi. 612). Henry I. gave him the Castle of Mowbray, and much of the property of Earl Robert. Hence, his son took the name of Roger de Mowbray. The Barony of Kendal, which had come into the hands of the King after the death of Ivo Taillebois, was also given by King Henry to Nigel of Albini (or d'Aubigni, as Orderic calls him). This appears from a grant by Richard I. to Gilbert Fitz-Reinfrid (quoted from the Rawlinson MSS. by Sir G. Duchett, Duchetiana, p. 150). From Roger de Mowbray, son of Nigel, it passed to William de Lancaster. Nigel of Albini was
24 REGISTRUM PRIORATUS DE WETHERHAL.
thus connected with the district. He died at an advanced age, and was buried in the Abbey of Bee in Normandy. The exact date of his death is not known, but his son Roger was a minor, and made a ward of King Stephen very early in his reign. There is much about Nigel and his family in the records of the Abbey of Byland or Bella Landa, which was founded by Roger de Mowbray in 1143 (see Dugdale, Monasticon, v. 346 sq.). Grants made by Gundreda and Roger de Mowbray can also be found in the Chartulary of Rievaulx (ed. J. C. Atkinson, p. 30 sq.). In the Chartulary of Whitby there is an interesting charter of Nigel between 1108 and U14, which Bishop Ranulf Flambard of Durham also witnesses (ed. J. C. Atkinson, i. 206) ; also a charter of Henry I. of the same date (p. 155), and containing the names of Nigel de Albini and Bishop Ranulf.
" This William Peverel was, probably, the Norman who came over with William I., and who, with little authority, is said by Dugdale {^Baronage, i. 436) to have been a natural son of the Conqueror, see Freeman, Norman Conquest, iv. 200. He held the castle of Notting- ham, and the more famous castle of Peak Forest in Derbyshire. He was one of the witnesses to the noted Durham charter in 1091 (Free- man, William Rufus, ii. 536), also to a charter of Earl David between 1 108 and 1 124 {Calend. Doc. Scotland, ed. Bain i. 2). He assisted William Rufus in Normandy in 1094 {Florence of Worcester, in ann.). The time of his death is uncertain. There is often some confusion with his son, or descendant, William Peverel, the younger, as he is called by Orderic Vitalis {Lib. xiii. c. 37), who mentions him, but incorrectly, as one of the rebel lords against Stephen in 1138. Richard of Hexham and John of Hexham speak of this younger Peverel as being on the side of Stqr.ben at the Battle of the Standard (1138) ; and he is supposed to have poisoned the younger Ranulf, Earl of Chester, in 1 153. On Pagan Peverel, see No. 5.
' Ralph Basset or Basseth was raised by Henry I. from a low station ; he was Justiciar of England and one of the earliest itinerant judges (Stubbs, Constit. Hist., i. 392). A description of his acting as judge at Huntingdon in 11 16 is given by Orderic {Lib. vi. c. 10). He was one of the King's commissioners with Ranulf Meschin in 1106 (Illustrative Documents 11.). He was alive in 1124; for, in Leicestershire, he hanged four and forty thieves, "more than had ever before been executed in so short a time" {Anglo-Sax. Chron. in ann.).
8 Clarendon, in Wiltshire; here was held, under Henry II. in 1 164, the Council which the "Constitutions of Clarendon" have made famous. The date of this charter, from Abbot Richard and
registrum prioratus de wetherhal. 2$
8. Charta Henrici Regis de Exclusagio stag- no, ETC.
Henricus^ Rex Anglise Archiepiscopo Eboracensi et Justiciary's et Vicecomitibus et omnibus Baronibus et fidelibus suis Francis et Anglis de Eboraschira et de Karle- olo Salutem. Sciatis me dedisse et concessisse in Elemo- sinam Deo et Ecclesiae Sanctae Marise Eboraci et Abbati Gaufrido" etMonachis ibidem Deo servientibus exclusagium' et stagnum de piscaria et de molendino de Wederhal quod est factum et firmatum in terra de Chorkeby sicut ibidem scitum et stabilitum fuit tempore quo Ranulphus Comes Cestrise honorem de Karliolo* habuit et tempore Westut- bricd^ Et concede eidem Ecclesiaa terram in Eboraco quam Wigatus Lincolniensis" eis dedit et concessit et Alanus filius suus. Et concedo eidem Ecclesiae Ecclesiam
Bishop Ranulf, lies between 1112 and 1128 ; and probably, like the charter of Henry I. to Whitby mentioned above, near to the former
date.
8. 1 Henry the First. A third charter, confirming the grant of the fish-pool and mill.
2 Gaufrid or Godfrid, the third Abbot of S. Mary's at York, 1131 — 32 ; see on No. 5.
3 This confirms Ranulf Meschin's grant No. 2, but long after, when Ranulf was Earl of Chester.
* A similar clause to that in No. 5, differing in the addition of the word " honor," which meant, not an earldom (see Appendix A), but one of the great baronial jurisdictions or liberties. " It is the most noble kind of seigniory and can be held only of the King "— Jacob, Law Diet. It is here appHed to the jurisdiction over the whole land or district or power (No. 1) of Carlisle.
5 This reference to Wescubrict seems to confirm the idea that he was the Lord of Chorkeby or Corby at the time Ranulf Meschin made the grant ; see on No. 2.
6 In the confirmation charter of Henry II. to S. IMary's at York the name is Wygot, and the land is all the land he had in York in Usgate (Dugdale, Motiast. iii. 549)- In 'he same charter Alan, son of Wigot, is mentioned as having given land in Lincolnia.
26 REGISTRUM PRlORATUS DE WETHERHAL.
de Hornebia' cum terris et decimis et omnibus rebus adjacentibus eidem Ecclesiae sicut Radulphus et Wiganus filii Landrici dederunt et concesserunt eis in Elemosinam. Et volo et firmiter precipio ut ipsi eas bene et in pace et honorifice et quiete teneant in Elemosina sicut melius et quietius alias suas res tenent. Testibus Roberto de sigillo et Pagano filio Johannis et Eustachio fratre suo et Pagano Peverel apud Windesores^
9. CONFIRMATIO HENRICI REGIS DE ECCLESIIS DE APPELBY, etc.
Henricus ' Rex Angliae Thurstano^ Archiepiscopo Eboracensi et omnibus fidelibus et ministris suis de West- merland et de Cumberland Salutem. Sciatis me concessisse et confirmasse Ricardo Abbati et Conventui Sanctje Mariae de Eboraco Ecclesias de Appelby scilicet Sancti Michaelis et Sancti Laurentii et terras earum cum decimis et domin- ijs ejusdem villse ex utraque parte aquae et decimas" de dominio de Meabrun et de Salchild sicut carta Ranulphi Meschin testatur. Concedo autem ex dono meo proprio dicto Abbati et Conventui et Monachis suis de Wederhale quod ipsi Monachi de Wederhale et homines sui habeant
■^ Horneby in Yorkshire. The grant of this Church by Wigan, son of Landric, and witnessed by Hugh, the first Dean of York, is given in Dugdale, Monast. iii. p. 551, No. xill. It was granted in 1220 by the Abbot and Convent of S. Mary to Archbishop Walter Gray, and by him in 1231 to the Dean and Canons of York. The latter deed is in the Appendix to Archbp Gray's Register (p. 139 ed. J. Raine).
' The date of this charter is fixed by Abbot Gaufrid as 1131 — 32. The witnesses are the same as No. 5, and the time is probably the same.
9. "^ Henry the First. A fourth charter, confirming the grant of the Churches of Appleby.
2 Thurstan, or Thurstin, of Bayeux, was consecrated Archbishop of York by Pope Calixtus II. in October 11 19, and retired to the monastery at Pontefract in January 1140, and died in February; see his life in Fasti Eboracenses, i. 170, by J. Raine.
3 The carta Ranulfi Meschin here referred to (No. 4) speaks of only duas partes of the tithe.
REGISTRUM PRIORATUS DE WETHERHAL. 27
semper mortuum boscum in Foresta mea de Karliolo" ad aedificandum et comburendum. Et prohibeo ne aliquis super hoc eis faciat impedimentum. Testibus E. filio Johannis^ et Jordano PaganeP apud Radings'.
10. CONFIRMATIO RiCARDI REGIS DE TERRIS EC- CLESIJS, ETC.
RlCARDUS^ Dei Gratia Rex Angliae Dux Normaniae et Aquitaniae Archiepiscopis Episcopis Comitibus Ab- batibus et omnibus Baronibus et Justiciarijs et Vicecomiti- bus et ministris suis et omnibus fidelibus suis Francis et Anglis per Angliam Salutem. Sciatis nos concessisse et dedisse in puram Elemosinam pro salute animx nostrse et pro salute animarum Patris nostri Regis Henrici et Matris nostrae Alienorae Reginae''' et omnium Antecessorum nos- trorum necnon pro statu Regni nostri Roberto Abbati' et
* The King's Forest, here called the Forest of Carlisle ; and whereas in No. 5 the King only allows pigs therein without pay- ment of pannage, here he grants wood for building or burning.
° Eustace, son of John, as in No. 5.
* Probably the brother, or, according to Dugdale {Baronage, i. 432), the son of Ralph Paganel, who joined the Empress Matilda in the reign of Stephen. Another son, Gervase, was in important command on the same side in 1138. The name of Jordan Painel occurs in a confirmation charter of Henry I. to Rievaulx in 1 133, as well as that of his co-witness here {Chart. Rievaulx, ed. Atkinson, p. 141).
'' Reading in Berkshire. According to Roger de Hoveden (ed. Stubbs, i. 90) Henry I. was buried here.
The date of the charter, from Archbp Thurstan 1119—1140, and Abbot Richard 1112— 1131, falls between 11 19 and 1131 (see on No. 7), and from Eustace son of John, probably near to the later date.
10. ' Richard the First. Richard was the first English king who adopted the plural number in his charters.
2 Ahenor or Eleanor, in her own right Countess of Poitou and Duchess of Aquitaine, married Henry II. in 1152, being the recently divorced wife of Lewis VII. of France; in right of his mother, Richard held the Duchy of Aquitaine.
3 Robert de Harpham was Abbot of S. Mary's at York from 1184 to his death on April 19th, 1189. Robert de Longo Campo, Prior of
28 REGISTRUM PRIORATUS DE WETHERHAL.
Successoribus suis et Abbachi^ Sanctse Marise Eboraci et Monachis ibidem Deo servientibus terras Ecclesias Cellas maneria decimas silvas plana stagna molendina et alias possessiones suas possidendas liberas et quietas ab omni servicio in perpetuam possessionem sicut unquam melius temporibus Antecessorum nostrorum tenuerunt cum eisdem legibus et libertatibus et dignitatibus et consuetudinibus quas habet Ecclesia Sancti Petri Eboraci vel Ecclesia Sancti Johannis Beverlaci. Et ne homines Sanctse Mariae eant ad Comitatus vel ad Schiras vel Tridigns vel Wapen- tachs vel Hundreds, Nee etiam pro Vicecomitibus vel ministris eorum. Sed si Vicecomites vel ministri habent querelam contra homines Sanctae Mariae dicant Abbati Eboraci et statute die veniant in Curiam Sanctae Mariae et ibi habeant rectum de capitali placito suo, et Sancta Maria habeat quicquid pertinet ad Curiam suam. Et sicut aliqua Ecclesia in tota Anglia magis est libera sit et haec libera. Et omnes terrae ad eam pertinentes quas nunc habet vel quas rationabiliter adquirere poterit vel maneria vel cella; vel quaecunque possessiones sint quiete de placitis et querelis et murdro^ et latrocinio^ et scutagio" et Geldis'
Ely, is said to have succeeded him in 1189 (see Dugdale, Monast. ill. 538), and died in January, 1239, a very long tenure of the office ; Robert de Longo Campo must be the Robert here mentioned ; but Ralph de Diceto (ed. Stubbs, ii. 151) says he was elected in 1197, which is the more probable date.
* Murdrum in the time of Henry I. was simply the private killing of a man (Jacob, Law Diet.) ; also, as here, the penalty paid by the district in which a murdered person is found.
* Latrocinium, here not military service, or robbery, but the penalty to be paid for robbery committed in the district.
^ Scutagium, scutage or escuage, from scutum and French escu, " a shield," was a tax or contribution paid by those who held lands by knight's service, in proportion to the number of knights' fees, towards a gift, or aid, or other purpose. Also it was a commutation paid in place of personal service by those who were bound by knight's service; see Thos. Madox, History of the Exchequer, i. 641. Thus
REGISTRUM PRIORATUS DE WETHERHAL. 29
et danegeldis* et hidagiis^ et asisis" et de operacionibus Castellorum et pontium et parcorum et de Ferdwita" et
in the 6th year of Richard I. (1195) the Cumberland Pipe Roll gives a payment of 40 shillings of scutage by Ranulf de Vallibus and ten shillings by William de Brus, this scutage being levied on those tenants-in-chief who had not accompanied the King to Normandy (Stubbs, Constit. Hist., i. 507). The next year they paid the same amounts, one for two knights' fees, the other for half a knight's fee. This was the second scutage in that reign for those who had not joined the army of Normandy. The scutage of 10s. raised in 1 193 — 94 for Richard's ransom was properly an aid ; a " hidage " was raised from other tenants for the same purpose.
'' Geldum, geld, a tax of any sort.
* Danegeldum, danegeld, at first a tax levied for carrying on war against the Danes, or in payment of tribute to the Danes. It was first levied by King yEthelred II., at the instigation of Archbishop Sigeric in the year 991 (Anglo-Saxon Chronicle in ann.). In the Laws of Edward the Confessor (Tit. xi.) it is said to have been a yearly payment of twelve pence for every hide of land (B. Thorpe, Ancient Laws, p. 192). The danegeld was increased in amount and continued as an oppressive and hated tax long after the time of the Danes. King Stephen promised to abolish it ; but it appears in the Pipe Rolls of Henry II. up to 1163, at the rate of two shillings for the hide of land. It occurs here only as one in a legal list of imposts.
^ Hidagium, hidage, an extraordinary tax to the King assessed on every hide of land. The hide is probably the oldest of the terms representing the division of the land. It occurs in the 7th century. The amount of land in the hide appears to have varied. In Domesday Book it has different values. Later it was 100 or 120 acres ; and in the time of Henry II. it was fixed at 100 acres {Dialogns de Scaccario, Lib. I. c. xvii. ; Stubbs, Select Charters, p. 209). According to Skeat {Etym. Diet.) from the Anglo-Saxon hid, full form higid, which originally meant an estate sufficient to support one family or house- hold ; hidan or hy dan, "to cover" or "conceal." Hide, "a skin," is properly from A. S. hyd. Hidage about this time was levied at 2s. the hide (see Roger de Hoveden, ed. Stubbs, vol. iv., p. Ixxxiv.).
1" Assisa, assize, an assessment, as probably here, also a session of a court, a trial, from the Old French asseoir, and Latin assidere, "to sit near."
" Ferdwita, the fine or penalty for not going on military service, from Anglo-Saxon /«-rf, "a military expedition," and wite, "a fine."
30 REGISTRUM PRIORATUS DE WETHERHAL.
hengwita'^ et flemenefrenich"et de auerpeni"et de blodwita'* et de fuchwita et de hundredpeni'" et de thethingepeni et de legerwita" et de tholonio^* et de passagio'^ et pontagio^" et lestagio^' et stalagio^^. Concedimus insuper eidem Abba- chise pacis factiiram et pugnam in domo factam et domus invasionem et omnes assultus hominum suorum et foresteP^ et Gridelbreke^^ et soch et sach et tol et theam et infangen-
'2 Hengwita, the fine or penalty for hanging a thief without due process of law.
1^ Flemenefrenich, or flytnanfyrmth, receiving or relieving a fugitive or outlaw, from the Anglo-Saxon y?««<7, "a fugitive," and j^'''"^^; "a harbouring."
'* Averpeiii, money paid to be free from the King's, or lord's, averia. The Low Latin averiiim was from Old French atier, avoir, " to have," and meant that which a man had, his possessions, his cattle. Averia was used originally only of cattle or horses employed in husbandry or for carriage, and then a contribution towards the work of carrying for the King or lord. On the word average, see Skeat, Etym. Diet. s. v.
■^ Blodwita, the fine or penalty imposed for bloodshed. Fuchwita or fictwita, the fine or penalty imposed for fighting, from the Anglo- Saxon feohte.
1^ Hundredpeni, the tax imposed to support the officer of the hundred. Thethingepeni, the tax imposed to support the tithing man, an officer or the head of the " tithing," tethinga, a local subdivision of the hundred. The tithing must not be taken as exactly the tenth part of the larger division ; it answered generally to the township in some parts of England, and many tithings still exist in the south ; see B. Thorpe, Ancient Laws, Glossary; Stubbs, Cottst. Hist., i. 86.
1' Legerwita, lecherwita or lairwita, the fine or penalty imposed for adultery and fornication.
'* Tholonium or thelonium, like thol, a toll or duty.
1" Passagium, a tax on passengers, generally over water.
2" Pontagium, a bridge toll, a tax for maintaining the bridge.
21 Lestagium, a custom charged on ship's lading or on goods sold and carried away, from Anglo-Saxon hlast, " a burden" or "cargo."
22 Stallagium, payment made for the liberty of erecting a stall in a fair or market.
2=" Forestel, and in No. 13 forestall, an obstruction or stoppage in the way, originally an assault, used of merchandise on the way to market ; from the A. S.fore and stellan, "to leap" or "spring."
2« Gridelbreke, or grudbreke (as in No. 13), equivalent lo grithbreke,
REGISTRUM PRIORATUS DE WETHERHAL. 3 1
theif et utfangentheif '^ Post obitum vero Abbatis ejusdem Ecclesiffi ex eadem congregatione eligatur alter Abbas qui dignus sit, aliorsin nullus nisi inibi inveniri nequierit qui dignus sit tali fungi officio quod si evenerit de alio noto et familiari loco potestatem liberam habeant elegendi Abba- tem idoneum. Testibus hijs Hugone Dunelmensi Epis- copo'^, et multis aliis apud Westmonasterium^'.
11. Breve Ricardi Regis super Cartam suam.
RiCARDUS Dei gratia Rex Angliae Dux Normanise et Aquitanise Comes Andegaviae' Justiciarijs et Vicecomitibus de Karleolo salutem. Precipimus vobis quatinus plenarie teneatis Abbati et Monachis Eboraci jura sua et libertates et dignitates suas. Et eisdem habere faciatis in pace et quiete pasturam^ suam intra Dribec et Edene et Regiam viam quae ducit de Karleolo ad Appelby sicut carta mea eis confirmat. Testibus Willielmo Cantuariensi' nostro Eliensi Electo ix° die Octobris*.
a breach of the peace, from Anglo-Saxon gri'S, and brecan, "to break."
^° Utfaiigentheif, see on infangentheof in No. 6.
28 Hugh Pudsey, or Puisse, or Puiset, was consecrated Bishop of Durham in December, 1153, and died in March, 1195. He appro- priated the church of Over or Old Denton in Gilsland to the Priory of Lanercost {Register of Lanercost, MS. viii. 16).
^ The date of this charter lies between Sept. 3, 1189, when Richard I. was crowned, and March, 1195 (Bp Hugh). Not improb- ably it was after June, 1 193, when the heavy ransom of King Richard was fixed at 150,000 marcs, and one of the means to obtain this ransom was to order the charters of his subjects to be renewed, for which large sums were charged.
11. 1 This title. Count of Anjou, does not occur in No. 10.
'^ Confirmation of the pasture, given by Henry I. (see No. 5), etween the river Eden and the King's Road as far as the manor of Wederhal extended.
2 William de Longo Campo, or de Longchamp, the famous Chan- cellor of Richard I., was elected Bishop of Ely in the middle of September, 1189, but was not consecrated until the 31st of December
32 REGISTRUM PRIORATUS DE WETHERHAL.
12. CONFIRMATIO JOHANNIS REGIS.
Johannes Dei Gratia Rex Dominus Hiberniae' Dux Normaniae Aquitaniae Comes Andegavise Archiepiscopis Episcopis Abbatibus Comitibus Baronibus Justiciarijs Vicecomitibus Prepositis et omnibus Ballivis suis Salutem. Sciatis nos concessisse et present! carta nostra confirmasse Deo et Beatse [Mariae] Eboracensi et Roberto Abbati^ et successoribus suis et Monachis ibidem Deo servientibus pro salute nostra et omnium Antecessorum et Successorum nostrorum omnes donationes et libertates et liberas con- suetudines quae eis ab Antecessoribus nostris vel ab alijs collatae sunt. Quare volumus et firmiter precipimus quod ipsi habeant et teneant omnia praedicta bene et in pace libere et quiete integre plenarie et honorifice sicut cartae Donatorum rationabiliter testantur. Hijs testibus, Comite David^ Willelmo Comite de Arundel*, Rogerio de Toueny',
following {Ralph de Diceto, ed. Stubbs, ii. 69, 75) ; he would therefore be elect to Ely on October 9th. He died Jan. 31st, 1197. The word Cantuariensi is evidently an error for Cancellario. The passage would then read plainly "Willielmo Cancellario nostro Eliensi electo." An attempt to get over the difficulty is found in the Transcript made by Stevens from Todd's Manuscript (given in Dugdale, Monast. iii. 552) by reading Willielmo again for nostro. A charter of Richard I. to certain Cistercian monasteries, November i6th, 1189, has among the witnesses the same form, Willielmo Cancellario nostro, electo Elyens. (see Mem. of Fountains Abbey, ed. Walbran, ii. 18 note).
* The date of the charter will be October 9th, 11 89.
12. ^ The title Dominus Hibernice was first used by John, not by Henry II., and then by all his successors to Henry VIII., who took the title Rex Hibernice. John received the dominion of Ireland from his father in 1177.
^ Robert de Longo Campo, see on No. 10.
^ This was the brother of Wilham I. (The Lion), King of Scotland, not the Earl David who became David I. in 11 24 (see on No. 106). He had considerable possessions in England, among them the Honor of Huntingdon, given him by his brother and confirmed by Richard I. in 1 1 90; see the charter of confirmation in Calend. Doc. Scotland, i. 31, ed. J. Bain, who also gives many interesting facts connected with the Earl. Earl David died in 1219.
REGISTRUM PRIORATUS DE WETHERHAL. 33
Gyrando de Fornivall", Gaufrido de Broillion, Pagano de Rochefort, Willelmo de Cantilupo', Huberto de Burgo Camerario^. Datum per manum H. Cantuariensis Archi- episcopi Cancellarii^ nostri apud Hram" VIIP Septembris, Anno primo Regni nostri".
^ William de Albini, Earl of Arundel, was the son of William the first Earl by Queen Adeliza, or Alice, widow of Henry I. He was at first on the side of King John at Runnymede, but afterwards joined the Barons. He died in 1221 as he was returning from the Holy Land. He is witness to a charter of King John in Chartulary of Whitby (ed. Atkinson, ii. 421) on August 2Sth of this same year 1 199.
^ Roger de Toueny, or Toeni, or Tony, was the son of William de Toeni and a daughter of Robert, Earl of Leicester. He married Constance, daughter of Richard, Viscount Bellomont, a kinswoman of King John (Dugdale, Baronage, i. 470). His castle of Conches in Normandy was taken this very month {Roger de Hoveden, iv. 96).
^ Gyrard, or Girard, de Fornivall or Furnivall, the younger of the same name, took the side of King John against the Barons, and was one of the King's Commissioners to treat with them. He died at Jerusalem in 12 19.
' Will, de Cantilupe, the well-known noble in the reigns of John and Henry HI., and except for a short time, a strong supporter of the former, for which he was well rewarded. There is much about him in Dugdale {Baronage, i. 731). He died in 1239 at Reading.
' Hubert de Burgo or de Burgh was, as we see here, Chamberlain to King John in the first year of his reign. Two years later he was Warden of the Marches of Wales. He became Justiciar of England after Runnymede in June, 1215, and in this office played such a distinguished part and achieved such a wide unpopularity in the subsequent reign of Henry III. He married, for his fourth wife, Margaret, sister of William the Lion, King of Scotland, at York in 1221. Soon after this marriage he was created Earl of Kent. He died on May i2th, 1243 {Ann. Monast, ed. Luard, i. 130). A large number of documents and references relating to him and his wife will be found in the Calendar of Doc. Scotland, ed. J. Bain, vol. i., see Index.
' Hubert Walter, or Fitzwalter, was translated from Salisbury to Canterbury in 1193. He was appointed Chancellor by King John in 1 199, and held the office till his death July 13, 1205. He was nephew of the famous Ranulf Glanvill, and had been appointed Justiciar in
P. 3
34 REGISTRUM PRIORATUS DE WETHERHAL.
13. CONFIRMATIO HENRICI REGIS SUPER DONACI- ONE Avi SUI.
Henricus' Dei gratia Rex Anglise Dominus Hibernise et Dux Aquitanise Archiepiscopis Episcopis Abbatibus Prioribus Comitibus Baronibus Justiciarijs Vicecomitibus Prspositis ministris et omnibus Ballivis et fidelibus suis Salutem. Inspeximus cartam quam inclitae recordationis Henricus quondam Rex Anglise Avus noster fecit Abbati et Monachis Sanctse Mariae Eboraci in hsec verba.
Henricus^ Dei gratia Rex Angliae Dux Normaniae et Aquitanise Comes Andegaviae Archiepiscopis Episcopis Abbatibus et omnibus Comitibus Baronibus et Justiciarijs et Vicecomitibus et ministris suis et omnibus fidelibus suis Francis et Anglis per Angliam Salutem. Sciatis nos con- cessisse et dedisse in puram et perpetuam Elemosinam pro salute animse nostras et pro salute animarum Avi nostri Regis Henrici et Matris nostrae et omnium Anteces- sorum nostrorum necnon pro statu Regni nostri Roberto Abbati'' et successoribus ejus et Abbachiae Sanctae Mariae
1 193. An admirable account of his administration and of his contest with Archbishop Geoffrey Plantagenet is given in the Preface to the fourth volume of Bishop Stubbs' edition of Roger de Hoveden.
1" Lira, in the diocese of Evreux, France, where was a Benedictine monastery. King John was in France in September of this year {Rog. de Hoveden, iv. 96).
" Dated September 8th, 1199.
13. 1 Henry the Third, who dropped his father's titles oiDux Nor- mannia and Comes Andegavia in 1259, when he ceded those provinces to Louis IX. of France. This is an Inspeximus of a charter of Henry IL, but of one of a later date than charter No. 6, and in character more like charter No. 10. These Inspeximus charters originated in the nth year of Henry IIL, when all persons had to shew their titles and have them confirmed. The amount to be paid was fixed by the Justiciar, and the King is said to have realised not less than ;^ioo,ooo (Charter Rolls, ed. T. D. Hardy, Introd. p. v).
^ Henry the Second.
3 This must be Robert de Harpham, who was Abbot of S. Mary's
REGISTRUM PRIORATUS DE WETHERHAL. 3$
Eboraci et Monachis ibidem Deo servientibus Terras Ecclesias Cellas maneria decimas silvas plana stagna molendina et alias possessiones suas possidendas liberas et quietas ab omni terreno servicio in perpetuam possessio- nem, sicut unquam melius in temporibus Antecessorum nostrorum tenuerunt cum eisdem legibus et libertatibus et dignitatibus et consuetudinibus quas habet Ecclesia Sancti Petri Eboraci vel Ecclesia Sancti Johannis Beverlaci. Et ne homines Sanctse Mariae eant ad Comitatus vel Schyras vel Tridings vel Wapentas vel Hundredas nee etiam pro Vicecomitibus vel ministris eorum. Sed si Vicecomites vel ministri eorum habent querelam contra homines Sanctae Mariae dicant Abbati Eboraci et statute die veniant in Curiam Sanctse Maris et ibi habeant rectum de capitali placito suo, et sancta Maria quicquid pertinet ad Curiam suam. Et sicut aliqua Ecclesia in tota Anglia magis est libera, sit et hsec libera, et omnes terrae ad eam. perti- nentes quas nunc habet vel quas rationabiliter adquirere poterit. Et Maneria et Celiac et quaelibet aliae possessiones sint quietae de placitis et querelis et murdro et latrocinio et scutagio et geldis et danegeldis et hidagiis et assisis et de operacionibus Castellorum et pontium et parcorum et de fredwita et hengwita et flemenefrenith et de wardpeni* et de averpeni et de blodwita et de fictwita et de hundredpeni et de thethingepeni et de leywita et de thelonio et de pas- sagio et pontagio et lestagio. Concedimus insuper eidem Abbaciae pacis facturam et pugnam in domo factam et domus invasionem et omnes assultus hominum suorum et forestall et Grudbreke haymsoke' et soch et sach et tol et theam et infangenetheif et utfangenetheif. Post obitum vero Abbatis ejusdem Ecclesise ex eadem congregatione
at York from 1184 to his death in April, 1189, not Robert de Longo Campo as in No. 10, since Henry II. died July 6th, 11 89.
* Wardpeni, money paid to be free from watch and ward.
* Haymsoke, the privilege of a man's house and home, also the violation of it.
3—2
T,6 REGISTRUM PRIORATUS DE WETHERHAL.
elegatur alter Abbas qui .dignus sit aliunde vero nullus nisi ibi inveniri nequierit qui dignus sit tali fungi officio quod si evenerit de alio noto et familiari loco potestatem liberam habeant eligendi Abbatem idoneum. Testibus hijs Gau- frido Eliensi Episcopo", Hugone Dunelmensi Episcopo', Willelmo Comite de MaundevilP, Ranulpho de Glaunvill', Hugone Bardulfe" apud Wudestok".
8 Geoffrey Ridel or Rydall was Bishop of Ely from October 6th, 1 1 74, to his death August 2ist, 1189.
' Hugh Pudsey, see note 26 on No. 10.
8 William de Magnavil, or de Mandevill, Count of Aumile, suc- ceeded his brother as Earl of Essex in 1167. He married Helewisa, daughter of William le Gros, Earl of Albemarle, and Cecily his wife, in 1 1 80, and in her right became Earl of Albemarle. He carried the Crown at the coronation of Richard I. in 11 89, and was made Justiciar of England, but died in November of the same year {Roger de Hoveden, iii. 19). Cecilia above mentioned was the eldest daughter and one of the three coheiresses of Alice de Romeli, lady of Copeland and of Skipton, and William FitzDuncan. Helewisa afterwards married William de Fortibus and thirdly Baldwin de Betun, both created Earl of Albemarle {Chron. de Melsa, i. 91 ; Dugdale, Baron- age, i. 63).
* Ranulph de Glaunvill, as he subscribes himself here, or Ranulf Glanvill, was the celebrated lawyer to whom is due the ancient treatise Liber de Legibus Anglice, "on which our knowledge of the Curia Regis in its earliest form depends" (Stubbs). He renders account for Westmoreland, as Sheriff of Yorkshire, from 1176 to 1 179 in the Pipe Rolls (22—25 Henry 11.). He was one of the itinerant justices in the northern counties, including Cumberland, in 1176 and following years, being made Chief Justiciar of England in 11 80 {Roger de Hoveden, ii. 215, ed. Stubbs). He was deprived of this office by Richard I. on his accession in 1189. He accompanied that King to the Holy Land, and died at the siege of Acre in 1191. See more in E. Foss, Judges of England, i. 376 ; Diet, of National Biography, vol. xxi.
1° Hugh Bardulfe was one of the five Commissioners left in charge of the kingdom when Richard I. went to the Holy Land in 1191, and played an important part during that reign. As Sheriff of Yorkshire, he rendered the accounts for Westmoreland from 1193 to 1199, and he appears as Escheator for Cumberland in 1195 to 1199. He was a
REGISTRUM PRIORATUS DE WETHERHAL. 37
Nos autem predictas concessionem et donationem ratas habentes et gratas eas quantum in nobis est pro nobis et Haeredibus nostris imperpetuum concedimus et confirmamus sicut predicta carta rationabiliter testatur. Volentes in- super predictis Abbati et Monachis pro salute nostra et animarum Antecessorum et Ha;redum nostrorum gratiam facere uberiorem ut quietantise et libertates prsedictse sibi et Successoribus suis integre et inconcusse remaneant in futurum. Praicipimus et concedimus pro Nobis et Haere- dibus nostris quod praedicti Abbas et Monachi et eorum Successores universis et singulis libertatum et quietantiarum articulis supradictis libere et sine occasione et impedimento Nostri vel Haeredum nostrorum Justiciariorum et omnium Ballivorum^^ nostrorum uti valeant de cstero quandocunque voluerint et ubicunque sibi viderint expedire. Quanquam praedictis libertatibus vel quietantijs in aliquo articulo minus plene usi fuerint prout fecisse poterant et debeant secundum continentiam cartse praedictae temporibus retro- actis. Et prohibemus super forisfacturam nostram ne quis praefatos Abbatem et Monachos contra praedictam conces- sionem et quietantiam in aliquo vexare inquietare vel molestare praesumat. Hijs Testibus Venerabili Patre Waltero Bathoniensi et Wellensi Episcopo", Henrico filio
justice itinerant during the same period, also in 1202 — 3. He died in 1203 {Annals of Waverley in ann.). See also Yoi%, Judges of Eng- land, ii. 32.
11 Woodstock in Oxfordshire, a favourite residence in the reign of Henry II., notorious in connection with the name of Rosamund, daughter of Walter, Lord Chfford. The King had there a collection of wild beasts ( William of Malmesbury, Lib. v. 409). The date of this inspected charter lies between 1184 (Abbot Robert) and July 6th, 1189 when Henry II. died. He held a council of Bishops at Woodstock August 1 6th, 1184, which maybe about the date of this charter; see R. W. Eyton, Court and Itijterary of Henry II. p. 257.
1^ Ballivus, Low Latin, from the Old French bailler, " to keep in custody '' ; "a bailiff," an officer put in charge by his superior, as the bailiff of the sheriff or lord of the manor.
^■' Walter Giffard was consecrated Bishop of Bath and Wells
38 REGISTRUM PRIORATUS DE WETHERHAL
Regis Alemanniae nepote nostra", Rogerio de Leyburnl^ Johanne de Verduni«, Willelmo de Grey, Roberto Aguyl- lun", Willelmo de Aecte^', Nicholas de Leukenor, Galfrido de Perci^', Radulpho de Bakepuz^", Petro de Squidemor, Bartholomeo de Bigod^ et alijs. Datum per manum
January 4th, 1265, and translated to York the end of the year fol- lowing. He died April 22nd, 1279.
" Henry was the second son of Richard Plantagetiet, Earl of Cornwall, King of Germany and brother of Henry III., by Isabel, daughter of William Marshall, Earl of Pembroke, and widow of Gilbert de Clare, Earl of Gloucester. Richard was made King of the Roman Empire, or of Germany {Alemannice) in 1257, and died in 1272 (see J. Bryce, Holy Roman Empire, p. 212). Henry was mur- dered at Viterbo by one of the sons of Simon de Montfort in 1271.
^5 This was the Roger de Leyburne of Kent, who married his son Roger to Idonea his ward, the younger of the two daughters and coheiresses of the second Robert de Veteripont, Sheriff of Westmore- land and Lord of Appleby (see note i on No. 230). The King granted them their father's property in this 50th year of his reign. Roger de Leyburne's name appears with a number of these same co-witnesses in a grant by Henry III. of a market at Market Overton, Rutland, dated Sep. 2, 1267 {Cal. Doc. Scotland, i. 483). He saved the life of the King at the Battle of Evesham, August 4th, 1265 {Chron. de Lanercost, p. 79). Some additional incidents will be found in Annates Monastici, ed. Luard, iii. 222 sq. He died in the year 1271 {A. M., iv. 247).
1^ John de Verdun or Verdon was one of the strong supporters of Henry III. against the rebellious Barons, and died in 1274.
" Robert Aguyllun occurs frequently in the documents of this period as co-witness with some here mentioned (see the reference given in note 15 above) and even as early as 1232. He was probably of the family of Aguyllunby, which is so often met with in this Register. Some of the family (see on No. 37, note 3) settled in the parish of Warwick, whence the township of Agillonby, later Aglionby, near Wetherhal.
18 William de Aecte should be de Aete, or d'Aeth, as in the grant of Henry III. referred to in note 15.
1^ Galfrid de Perci, son of Alan de Percy, and grandson of William, founder of the Abbey of Whitby, and himself a benefactor to it {Chart. Whitby, ed. Atkinson, i. 58).
2° Radulph de Bakepuz, or Bakepuis, occurs with Robert Aguyllun in several charters of Henry III.; see note 15.
REGISTRUM PRIORATUS DE WETHERHAL. 39
nostram apud Kenyllewurth'^ octavo die Septembris Anno Regni nostri L'"".'^
14. qualiter ea qvje donantur a pluribus hominibus recitantur et scribuntur in carta Henrici Regis.
In carta Domini Henrici Regis^ hsec scribuntur. Ran- dulphus Meschinus Manerium de Wederhal et Ecclesiam ejusdem Villae^ cum molendino et piscaria et bosco et certis pertinentijs Capellam de Warthewic terram quae Camera Sancti Constantini' dicitur in Corkeby duas bovatas terrae, aquam de Edene versus Corkeby necnon et ripam versus Corkeby in qua stagnum firmatum est omnino videlicet liberas et quietas sine diminucione. Randulphus IVIeschinus Ecclesias de Appelby Sancti Mi- chaelis et Sancti Laurentij et terras earum cum decimis de Dominijs ejusdem Villse ex utraque parte aquae Adam filius Suani^ Heremitorium Sancti Andreae" Uctred filius
21 Bartholomew le (not de) Bigod, or le Bigot, was Marshal of the King's Household in 1255, and of the family of the Earl of Norfolk ; he was sent to take over the Castle of Werk from Robert de Ros (Patent Rolls, 39 Hen. III. m. 3, Record Com., p. 26).
22 The Royal forces were at this time besieging Kenilworth, which held out until December.
23 Dated September 8th, 50 Hen. III., 1266.
14. ^ The charter of Henry II., the former part of which is given in No. 6. The grants and grantors to S. Mary's Abbey are not given there, but are in full in Dugdale, Monasticon, No. v., vol. iii. p. 548. The grants here seem to be a selection of those belonging more especially to the monastery of Wetherhal. This charter must be a Confirmation charter of Richard or John, see below the words Henrici Patris mei.
2 Hence the Church of the vill of Wederhal was given by Ranulf Meschin, as well as the Chapel of Warthwic mentioned below (see note 4 on No. 5).
3 On Camera Sti Constantini, see No. 38, note 3.
* Adam son of Suan, or Suein, appears in the Pipe Rolls for 1159 as receiving \oos. under the King's writ. His brother Henry, who witnesses his charter to Wederhal (No. 196), appears as holding lands in Langwathby and Edenhal in the same year, and as late as
40 REGISTRUM PRIORATUS DE WETHERHAL.
Lyolf tertiam partem Crogline'' cum Ecclesia et caeteris
1 172. Adam held a large tract of country on the east of the river Eden, including the parishes of Kirkland, Melmorby and Ainstable, granted by Henry I. on payment of iJ2s. Sd. cornage. In the reign of King John it was held by Roger de Montbegon, Simon son of Walter, and Alexander de Nevill, having previously been held by William de Nevill {Testa de Nevill, pp. 379(5, 380a). Adam had two daughters, his heirs, Amabil or Mabilia, and Matilda. Amabil married first Alexander de Crevequer (see on No. 195) and afterwards Galfrid de Nevill, who was succeeded by Walter de Nevill, who married another Amabil (see the charters to Monk Bretton Priory in Dugdale, Monast., v. pp. 137, 138). Matilda married first Adam de Montbegon or Munbegun (see note 4 on No. 195) and afterwards John Malherbe (see Monast, v. p. 138 and on No. 197). She had a son, Roger de Montbegon, not Robert as Dugdale mistakes {Baronage, i. 618). Adam son of Suan was a large landowner in Southern Yorkshire, and founded the Priory of Monk Bretton in Yorkshire (see Dugdale, Monast., v. 136 et seq.) and made grants to it which were confirmed by different members of his family. To this Priory, Roger de Montbegon also gave a charter. Adam also confirmed the grant of his father, Suan the son of Ailrich, to the Priory of Pontefract, of the church of Silkeston and certain land {Monast., v. 122, see also the "Progenies Suani" at p. 128 for some of these relationships). Adam is witness to Bishop Athelwold's charter (No. 15), and made his grant to Wederhal before 1147 (see No. 196).
^ See, on the grant of the Hermitage, No. 196.
8 Roger de Hoveden tells us (i. 134 ed. Stubbs) that Liulf lived at Durham in great friendship with Bishop Walcher {od. 1080), and that the latter was murdered in revenge for the murder of Liulf by one of his relatives, Sheriff Gilbert ; that Liulf married Aldgitha, daughter of Earl Aldred, by whom he had two sons, Uchtred and Morekar ; also that through Aldgitha he was uncle to Earl Waldeof.
' Croghne was a parish and manor on the east side of the Eden, in the Barony of Gilsland, abutting on Northumberland on the east and on the parishes of Renwick and Kirkoswald on the south. The first Robert de Vallibus claimed lordship over it (see No. 191). It is called Croglin Magna, or Kirkcroglin, to distinguish it from Croglin Parva, in the parish of Kirkoswald, mentioned in No. 157, and referred to in No. 101 et al. Nicolson and Burn {Hist. ii. 433) throw doubt on the Church ever having belonged to the Abbey of S. Mary at York or to Wetherhal ; but the grant is confirmed by the charters of the first two Bishops of Carlisle (see Nos. 16, 17).
REGISTRUM PRIORATUS DE WETHERHAL. 4I
pertinentijs et duas bovatas terras in Estuna* et molendinum de Scoteby' in Cumquintina" dimidiam carucatam" terrse
* Eston was an ancient parish, now merged in the parish of Arthuret and the modern parish of Kirkandrews on Esk. In the oldest of the Bishops' Registers there are several presentations to the Church ; in 1308 Simon de Beverley was presented by Edward II., as guardian of the son of Sir John Wake, Lord of Lidel {Regis, of Bp Halton, MS. p. 113). In 1181 — 82 the Church was worth 10 marcs yearly and belonged to the manor of Lidel {Inqiiis. p. m. 10 Edw. I. No. 26).
" Scoteby was a manor in the parish of Wetherhal, now, with additions, made into an ecclesiastical district. It was one of certain manors in Cumberland, in the Forest of Inglewood, which for a time belonged to the King of Scotland. The others were Penrith (part of the manor), Langwathby, Salkeld (Great), Carlaton and Soureby. David I. took up arms against Stephen on behalf of the Empress Matilda, and marched to Carlisle. Stephen advanced against him in 1 136, and they came to terms at Durham, David retaining Carlisle and a large part of the district of that name [Henry of Huntingdon, Lib. viii. ; fohn of Hexham, in ann. 1136). His son Henry did homage, and was recognised as Earl. In 1157 when Malcolm IV., son of Earl Henry, was King, the grant of this land of Carlisle was annulled, and Henry II. ruled up to the former boundary [Roger de Hoveden, i. 216; Robert de Monte, ed. J. Stevenson, p. 743). The claims put forward by Scotland were at last set at rest through the mediation of Cardinal Otto, the Papal Legate, and these manors were granted to Alexander II., King of Scotland, on April 22, 1242 [Charter Rolls, 26 Henry III. m. 5). They were to be held of the King of England by Alexander and his heirs on yearly rendering at Carlisle one sorhawk. The advowsons of the churches of the manors, and a certain '^rogus" in the manor of Soureby, were to be retained by the King. The preliminary agreement was made at York, in the presence of the Legate, on September 25th, 1237. The King of Scotland then quitclaimed his hereditary rights to the counties of Northumberland, Cumberland and Westmoreland for ever, and yielded other points. King Henry granted to Alexander and his heirs 200 librates of land within Northumberland and Cumberland [Patent Rolls, 21 Hen. III. m. 2, Record Com. p. 18 ; Rymer, Fadera, new ed., i. 233). Nume- rous objections were raised before these manors were finally fixed upon in 1242. In 1248 there were five hawks in arrear, and the Sheriff of Cumberland was ordered to see to the matter. In 125 1 the farm of the manor of Scoteby was returned as ^29. 16. 4^ and the
42 REGISTRUM PRIORATUS DE WETHERHAL.
in Saureby'^ decimam de dominio Constantinus" filius Walteri unam carucatam terrae quae fuit Durandi in Cole- by" Ketellus filius Eltreth" Ecclesiam de Morland^^ et
farm of the mill as ^ii. 6. 8. The figures for the other manors are given in the Pipe Roll for 34 Henry III. The rents and profits in 1286 and later periods (taken from the Pipe Rolls) will be found in Historical Documents, Scotland, i. pp. 2, 28 seq., ed. J. Stevenson ; see also F. Palgrave, Documents illustrating Hist, of Scotland, i. p. 3. It appears from an Inspexitnus, made in 1294, that John Balliol, King of Scotland, had the year before given these manors to Anthony Bee, Bishop of Durham {Patent Rolls, 22 'E.&wa.rA I. ?«. 3) ; afterwards the right was disputed, and in 1306 — 7 the manors were ordered by the Parliament held in Carlisle to revert to the English crown. In the Rolls of Parliament (Record Com., i. p. 188) we read " In reply to the petition of John de Hastinges with regard to the manors of Penrith and Sowerby, the King replies that he has retaken {recuperavit) these manors formerly given by King Henry, his father, to Alexander, King of Scotland, to whom no heir modo Rex now exists " ; see also the Assize Rolls quoted in Historical Doc. Scotland, i. 359. Scotby does not, as often supposed, take its name from this special connection with the Scottish King, for as early as the Pipe Roll of 3 John we find the men of Scotebi owing one chaseur to the Crown. The "mill of Scotby'' was no doubt on the stream separating the manor from that of Wetherhal, and running into the river Eden, and now called Pow Maughan beck. The Priory had also the tithes of Scotby (see Nos. 16, 17) and compounded with the Priory of Carlisle (see No. 31) for half a silver marc for an alleged right in the same.
1° On Cumquintin, see No. 71, note.
" On the carucate and bovate, see No. 55, note.
'2 This is Temple Sowerby in Westmoreland ; on the place and these tithes, see Nos. 200, 229. Saureby, or Sowerby, or Soreby, is derived from saure (Old Norse soggr) "wet," "swampy," and the Danish termination by, " a dwelling," and is naturally a not uncommon name in the district.
'3 Constantinus should be Enisant, as copied by Bishop Nicolson, or Enisand, as in the grant of this carucate of land given in the Additional Charters, No. 247.
" For Coleby, see on No. 227.
15 The grant of the Church of Morland is given in No. 235 ; on Ketell son of Eltreth, see No. 1, note 13.
1" Morland, in Westmoreland, which occurs so often in this Register,
REGISTRUM PRIORATUS DE WETHERHAL. 43
tres carucatas terrse Waltef filius Gospatricij Ecclesiam de Brumfeld" et corpus ejusdem Manerij in Salchild decimam
appears to have belonged partly to the Priory of Wetherhal, and partly to the first William de Lancastre, in both cases probably derived from Ketell son of Eldred. William de Lancastre, in the latter half of the 12th century, granted, in frank marriage with his daughter Agnes, to Alexander de Windesores what he possessed ("quicquid habeo") in Havershame, Grayrigg and Morlande. This deed is given in full from the Rawlinson MSS. by Sir G. F. Duckett [Duchetiana, pp. 16, 267), who has much upon the family of Winde- sore ; see on No. 210, where a dispute with the Priory about the wood at Morland is arranged. The grant of the Church of Morland was confirmed by Bishop Athelwold and Bishop Bernard (Nos. 16, 17), also by Bishop Hugh (No. 19) who expressly says it was for the use and sustentation of the monks of the House of Wederhale, which is a Cell of the said Church of S. Mary at York. Bishop Nicolson (MSS. iii. 127), on the authority of several original grants in his possession, states that Bishop Bernard confirmed the grants of Thomas son of Gospatric to the Abbey of Shap, and that three of the witnesses were Gilbert, Walter, and Thomas, Rectors of the Church of Morland ; this would be shortly after 1200. In 1405, John de Stutton, Prior of Wederhala, appointed Roger Peroy, by deed, to the Chapel of the Blessed Mary in le Wyth " in our parish of Morland," reserving the oblations in the same to the Priory (Illustrative Doc. xvui.). In 1424, a difference arose between the Prior and Sir John Richemont, Vicar of Morland, concerning the oblations in this Chapel, and the right to half an acre of land lying upon Litel Aynesbergh and abutting upon Commune Banc. An agreement was come to in the Parish Church of Morland, by the mediation of William Wellys, Abbot of S. Mary's at York (Illustrative Docum. xix.). According to Nicolson and Burn {History, i. 445) this Chapel was said to have been near the river Lyvennet, midway between Morland and King's Meaburn, "in a place now (1777) called Chapel Garth, be- longing to the Vicarage"; the place still bears the name. Michael, Bishop of Glasgow, consecrated by Thomas, Archbp of York 1 109 — 14, was buried in this church ; the year is unknown, but it must have been before 11 17, when Bishop John of Glasgow was consecrated. Bishop Michael held ordinations in Morland church for the Arch- bishop of York (Thos. Stubbs, ed. Twysden, col. 1713).
1^ The Church of Brumfeld, or Bromfeld, in Cumberland, was granted to S. Mary's Abbey at York, but never assigned to Wetherhal.
44 REGISTRUM PRIORATUS DE WETHERHAL.
de dominio'^ Et confirmo totam pasturam inter Edene et Regiam viam quae ducit de Karleolo ad Appelby et ab Wederhal usque ad Dribec. Et concedo eis et confirmo forestam meam ad porcos sues de Wederhal sine pannagio. Et praecipio quod Abbas Eboraci et Monachi praedicti teneant omnes terras et res suas quae per cartam Regis Henrici Patris mei et meam firmatae sunt et in pace possi- deant. Et non dissaesiantur inde nee ponantur in placitum nisi coram me. Et si de aliqua harum rerum dissaesiati fuerint Justiciarij mei et Vicecomites eos faciant resaesiri et in pace tenere. Nee dampnum eorum capiatur nisi Abbas prius de recto defecerit injuste facere debuerit.
15. CONFIRMATIO EPISCOPI KARLIOLENSIS DE EC- CLESIA DE WEDERHALE ET CAPELLA DE WaRTHEWIC.
NOTUM sit omnibus Sanctae Ecclesiae filijs quod ego Athelwoldus' Dei Gratia Karleolensis Episcopus concessi et praesenti carta confirmavi Abbati de Eboraco et Monachis de Wederhale Ecclesiam de Wederhale cum Capella de Warthe- wic Habendum et tenendum in proprijs et perpetuis usibus eorum cum decimis et obventionibus et omnibus alijs ad illam pertinentibus sicut eam ab antiquo melius habuerunt faciendo Sinodalia et Archidiaconalia^. Et licebit imperpet-
In 1302, the rectory was appropriated to that Abbey by Bishop Halton, on condition that 40 marcs of yearly revenue were secured to the Vicar, and that the right of collation should rest with the Bishops of Cadisle {Register of Bp Haltoii, MS. p. 72). Only a portion of the manor was granted, other portions came into the possession of the Abbey of Holm Cultram. There is a concession of the manor, to farm, July ist, 1434, by the Abbey of S. Mary to William Osmundyr- lake in full in Dugdale {Mo7iasticon, iii. 567).
IS This is only a confirmation of the grant by Ranulf Meschin (see No. 4), not a grant by Waldief.
15. 1 See Appendix B.— On Bishop Athelwold and the Foundation of the Priory of Carlisle.
2 From the mention of Archidiaconals as well as Sinodals, it is clear that there was an Archdeacon of Carlisle at this time ; see more on Robert, Archdeacon, in note 3 on No. 28.
REGISTRUM PRIORATUS DE WETHERHAL. 45
uum dictis Monachis Presbiterum in dicta Ecclesia servi- turiim proprio arbitrio ponere et amovere. Concessi et con- firmavi dictis Monachis de Wederhal antiquam pacem loci illius. Et insuper Ecclesiam de Crokelyn et tertiam partem ejusdem villse et Heremitorium Sancti Andrese cum omnibus suis pertinentijs liberam et quietam de omnibus ad nos et posteros nostras pertinentibus, et ab omni subjectione Ecclesiae de Kyrkeland^ quod videlicet Heremitorium A. filius Suani me et alijs multis coram positis donavit eisdem. Hanc donationem et tenuram plena autoritate confirmo et testem me exhibeo. Si quis autem haec quae confirmavi ausu temerario violare prsesumpserit vel praedictis Mona- chis de hijs injuriam fecerit eum excommunicatum esse decerno. Testibus Ada filio Suani, Warino de Kyrkeland Roaldo, Ricardo Milite* et alijs'.
16. confirmatio super ecclesiis in dicecesi Karliolensi.
Athelwoldus Dei gratia Karliolensis Episcopus om- nibus legentibus vel audientibus literas has Salutem Notum sit vobis me intuitu pietatis et Religionis concessisse et confirmasse Monachis Sanctse Mariae Eboraci et usibus eorum Ecclesias^ quae in Dicecesi nostra noscuntur possi-
^ The Hermitage of S. Andrew (see on No. 196) was in the manor of Culgaith (see on Nos. 195, 200) and in the parish of Kirkland, which is on the east of the river Eden in Cumberland, and borders on Westmoreland. The Church of Kirkland was formerly in the hands of the Bishop of Cariisle, but was given by King Henry VI. to the Prior and Convent of Carlisle.
* Ricardus Miles appears in the Pipe Roll for Carlisle of 31 Henry I. as paying noutgeld, also 20J. rent of his land ; he is a witness in No. 72.
'" The date of this charter must lie between 1133, when Bishop Athelwold was consecrated, and 1 147, before which date Adam son of Suan made the grant mentioned here (see on No. 196).
16. 1 The impropriation of these Churches at this early period, before 1 1 56, is noteworthy, the only conditions being decent provision for a priest and the payment of sinodals.
46 REGISTRUM PRIORATUS DE WETHERHAL.
dere, videlicet Cellam de Wederhale cum Parochia de Warthwic et totam decimam de Scoteby et Ecclesias Sancti IVIichaelis et Sancti Laurentij de Appelby. Et Ecclesias de Kyrkebystephan'' et de Ormesheved^ et de Morlund et de Clibbrun* et de Brumfeld et de Crokylyn et Hermi-
2 It is very doubtful whether this name has any connection with S. Stephen. Kirkby, "church town," is usually connected with a locality (see examples in No. 209) or with a personal name, probably the owner. And here the personal name may be Stephan, or Steffan as it is spelt in the next charter. The name we have in William Steffan, the father of Wescubrict, Lord of Corkeby (see note 9 on No. 2). The dedication to S. Stephen, the only one in the diocese, may well have been adopted in later times. This is one of the Churches granted with others to the Abbey of S. Mary at York by Ivo de Taillebois (see Illustrative Documents, xvi.). The charter of Bishop Hugh (No. 19) in 1220 confirms the same on condition that a proper Vicar is appointed with an annual income of 100 shillings. Bishop Walter Malclerk (1223 — 46) had a controversy about this Church with the Abbey of S. Mary, and, under the arbitration of the Prior of Carlisle and others, it was confirmed to the Abbey on certain conditions. John de Ferentin was then Vicar. At the same time, the patronage of the Churches of Clibburn, Ormesheved and Musgrave was ceded to the Bishop of Carlisle (see Illustrative Documents, xvil.). The cession of these Churches was confirmed to Bishop Silvester de Everdon in May, 1248, by Abbot Thomas and the convent of S. Mary (see Additional Charters, No. 240). After the dissolution of the monas- teries, the Rectory and advowson were given by Edward VI. to Sir Richard Musgrave, and sold by him the next year to Lord Wharton (see an abstract of the Indenture in Bp Nicolson, MSS., ii. 337).
3 Ormesheved in Westmoreland, from the common proper name Orme and Anglo-Saxon hafod, "head," since corrupted into Ormside. It is not known how the Church came to the Abbey of S. Mary at York, but it was ceded by them to the Bishop of Carlisle (see preceding note).
* Clibbrun, or Clibburn, is spelt Clifbum in No. 218, which probably marks the derivation. It adjoins the parish of Morland in Westmoreland. The Church was appropriated to the Abbey of S. Mary at York ; but it does not appear by whom the grant was made, very probably by one of the Taillebois family, who for long possessed one of the two manors into which the parish is divided. It was one of the Churches ceded to Bishop Walter Malclerk (see
REGISTRUM PRIORATUS DE WETHERHAL. 47
torium Sancti Andrese cum omnibus pertinentijs suis Praedicti vero fratres de beneficijs Ecclesiarum talem pro- portionem Presbiteris provideant unde decenter sustentari queant Et sinodalia jura persolvere valeant".
17. CONFIRMATIO EPISCOPI KaRLIOL. DE OMNIBUS
EccLESijs ET Beneficijs Ecclesiasticis possessis in DicECESi Karliolensi.
B.' Dei gratia Karliolensis Episcopus universis Sanctse Matris Ecclesise filijs hoc scriptum visuris vel audituris salutem in Domino. Universitati vestre notum facimus nos Divinse pietatis intuitu et de assensu Capituli Kar- liolensis Ecclesise concessisse et confirmasse Abbati et conventui Sanctae Mariae Eboraci et eorum usibus im- perpetuum omnes Ecclesias et Ecclesiastica Beneficia quae in Dioecesi Karliolensi noscuntur possidere. Nomi- natim Cellam de Wederhale cum Capella de Warth- wic et totam decimam de Scoteby et Ecclesias Sancti Michaelis et Sancti Laurentij de Appelby et Ecclesiam de Kirkeby-Steffan cum Capella de Burgo' et Ecclesias de
preceding notes). It appears from the obligation of Nicholas Mal- veysyn, Rector (see No. 218), that the pension reserved out of the living for the Priory of Wederhal was los.
^ The only point to fix the date is the episcopate of Bishop Athelwold, between 1133 and 1156.
17. ^ Bernard, the second Bishop of Carlisle, who succeeded in 1204 after the long vacancy which followed the death of Bishop Athelwold in 11 56, and who occupied the see for about 10 years ; see on this Bishop, Appendix D. The first two Bishops are mentioned in the next charter. This confirmation of the right of patronage is referred to in a Faculty of Pope Gregory IX. in 1240 {Papal Registers, ed. W. H. Bliss, i. 188), also that of Bishop Hugh in No. 20.
^ Burgo, now Brough in Westmoreland, was formerly part of the parish of Kirkbystephan, and appears in 1295 to have been called Burgo subtus Staynemore, or Burgo sub Mora. When the Church of Kirkbystephan was awarded to belong to the Abbey of S. Mary at York in the time of Bishop Walter (see note 2 on No. 16), the Chapel of Burgo was to go with it on the death of Thomas Boet,
48 REGISTRUM PRIORATUS DE WETHERHAL.
Ormesheved et de Morlund et de Cliburn et de Bromfeld et de Croglyn et Hermitorium Sancti Andres cum omni- bus pertinentijs suis. Praedicti vero Abbas et Monachi de beneficijs Ecclesiarum talem portionem Clericis provideant unde decenter sustentari valeant, et Episcopalia jura possint persolvere. Et ut base confirmatio perpetuae firmi- tatis robur obtineat hoc presens scriptum sigilli^ nostri impressione communimus. Hijs Testibus P. Priore^ Au- gustino et Rogero Canonicis Karliolensibus^ Alexandre de Dacre^ Henrico de Knaresburg, Thoma de Brunnefeld', Waldef de Brigham, et multis alijs^.
the Chaplain. Nicolson and Burn {^History, i. 466) assert that Thos. Boet was presented by Richard I., but this is clearly an error. When the three Churches were confirmed to Bishop Silvester in 1248, the patronage of the Church of Burgh was also conveyed to him, without the reservation of any pension to the Abbey (see Additional Charters, No. 240). A great amount of litigation followed as to whether the right of patronage lay with the King, the Bishop, or the family of de Veteriponte. (An account will be found in Bp Nicolson, MSS., ii. 113.) The well-known Robert de Eglesfield, founder of Queen's College, Oxford, was presented to this living in 1332.
^ This mention of Bishop Bernard's seal is interesting as there is an impression of his seal in existence, attached to a grant among the Duchy of Lancaster Records in the Record Office, Box A, No. 393 (Illustrative Docum., xxi.). There is an illustration of this in the Transactions of the Cumb. Antiq. Society (xii. 214), but the grant has no date, as there stated, certainly not 11 57.
* Probably P. is an error of the copyist for J. John was Prior of Carlisle about this time. He is witness to a charter of Bishop Bernard in the Register of Lanercost (MS. viii. 3), and to one of Arch- deacon Americ de Taillebois (MS. viii. 2), made Archdeacon in 1196. He witnesses the confirmation of the first-named charter by the Chapter of Carlisle (MS. viii. 4), and confirms the charter of Bishop Bernard as to Denton Church (given below. No. 122). See more on No. 31, note I.
* The two earliest Canons of Carlisle on record, except William Dean, precentor and Canon, who is mentioned in the charter of Henry II. to the Priory of Carlisle, and in the Pipe Roll for 11 88.
" Alexander de Daker is also a witness to the charter of Bishop Ber- nard in the Register of Lanercost (MS. viii. 3). This is a very early, if
REGISTRUM PRIORATUS DE WETHERHAL. 49
18. CONFIRMATIO SUPER ECCLESIASTICIS POSSES- SIONIBUS ET ReDDITIBUS CONCESSIS PER EPISCOPOS KaRLIOLENSES AbBATI ET MONACHIS EbORACI.
HONORIUS' Episcopus servus servorum Dei dilectis
not the earliest, mention of the family of Dacre ; Nicolson and Burn {History, ii. 378) give Ranulf de Dacre in 6 Edward I. as "the first of the name that hath occurred to us." He is also a witness with Bp Bernard to the grant of the Church of Bridekirk to the Priory of Gyseburne by Alice de Rumely when she was a second time widow, in 1210 — 14 {Chart. Gyseburne, ed. W. Brown, ii. 319).
^ Thos. de Brunnefeld granted to the Abbey of Holm Cultram a certain cultivated land, called Northrig, in Brunfeld (Bromfield) with a marsh adjoining, as appears from the Register of Holm Cultram, where his wife Agnes and his son Adam are also mentioned. There is a prior grant to the same Abbey by the son Adam, who is probably the same as the witness in No. 48. These charters are given by Nicolson and Burn, History, ii. 166, and in Dugdale, Monasticon, v. 612. Thomas is also a witness to the grant of the Church of Burgo by Hugo de Morevilla (who died in 1202) to the same Abbey, together with Thomas son of Gospatric {Regist. Holm Cultram, MS.
P- 13)-
* There is little to fix the date of this charter beyond that it was in the time of Bishop Bernard ; and so far as the witnesses go they agree with the period 1204 to 1214 determined in Appendix D.
18. ^ This was Honorius III., Pope from July 1216 to March 1227. He is the Pope who interfered so strongly on behalf of the young King, Henry III., through his Legate Gualo, Cardinal priest of S. Martin. In this district the Legate was especially active against Alexander II., King of Scotland, who in 121 5 had taken the town of Carlisle and laid waste Cumberland. In the first year of his Pontificate, January i6th, the Pope had written strongly to King Alexander ; and on April 26th of the same year Henry III. wrote to the Pope complaining of the Canons of Carlisle, who despised the Legate's authority, became subjects of the excommunicated King of Scotland, and had elected a certain excommunicated clerk as their Bishop and Pastor (Rymer, Foedera, i. 147, from the Patent Rolls, I Hen. III. m. 16 (Record Com. p. 11) also Papal Registers, ed. W. H. Bliss, i. 48, 57). The result was that the Canons were exiled by Gualo {Chronicon de Lanercost, ed. J. Stevenson, p. 27) and the Pope's mandate was issued for the election, with the royal assent, of Hugh, Abbot of Beaulieu, to be Bishop of Carlisle (12 18).
P. 4
50 REGISTRUM PRTORATUS DE WETHERHAL.
filijs Abbati et Conventui Monasterij Sanctae Marise Ebor- aci salutem et ampHssimam Benedictionem. Justis peten- tium desiderijs dignum est nos facilem praebere assensum et vota quae a Rationis tramite non discordant effectu prosequente complere. Ea propter dilecti in Domino filij vestris justis postulationibus grato concurrentes assensu Cellam de Wederhale cum Parochia de Warthwic, et alias Ecclesias vestras quas de concessione bonae memoriae A. et B.^ Karleolensium Pontificum Capituli sui accedente con- sensu canonice proponitis vos adeptos necnon possessiones redditus et alia bona vestra sicut ea omnia juste canonice et pacifice possidetis et in praedictorum Episcoporum et Capituli Uteris exinde confectis dicitur contineri Vobis et per nos Monasterio vestro Auctoritate amplifica confirma- mus et prsesentis scripti patrocinio communimus. Nulli ergo omnino hominum liceat hanc paginam nostrae confir- mationis infringere, vel ei ausu temerario contraire. Si quis autem hoc attemptare praesumpserit indignationem Omnipotentis Dei et beatorum Petri et Pauli Apostolorum ejus se noverit incursurum. Datum Laterani vi° Idus Aprilis, Pontificatus nostri Anno Decimol
19. CONFIRMATIO EPISCOPI KARLIOL. SUPER EC-
CLEsns DE Kirkebistephan et de Morlund cum Capellis ad eas pertinentibus.
Hugo' Dei gratia Karliolensis Episcopus omnibus
^ Athelwold and Bernard, Bishops of Carlisle.
3 Dated April 8th, 1226.
19. 1 Bishop Hugh had been Abbot of Beaulieu in Hampshire {Antml. Waverley in ann. 1218, 1223; Dugdale, Monasticon, v. 680) not in Burgundy, as some have written. The Cistercian convent of Beaulieu, or Bellum Locum Regis, was founded by King John in 1204 {Annal. Waverley) ; and in 1213 Abbot Hugh was one of the King's envoys to the Pope (Innocent III.) with the Bishop of Norwich and others (see Papal Registers, ed. W. H. Bliss, i. 39, 129, 145). He was elected by the rebellious Prior and Convent of Carlisle, under pressure from the Legate Gualo (see note I on No. 18), and the election
REGISTRUM PRIORATUS DE WETHERHAL. 51
Christi fidelibus has literas inspecturis vel audituris salutem in Domino. Quoniam ex officio nobis injuncto Subjectorum nostrorum et maxime Religiosorum tenemur utilitati pro- videre et eorum bona augere et confovere, Noscat univer- sitas vestra quod nos Divina ducti pietate de assensu Capituli Karleolensis Ecclesise concedimus et prsesenti pagina confirmamus Deo et Ecclesiae Sanctse Mariae Ebor- aci et Monachis ibidem Deo servientibus et in posterum servituris Ecclesias de Kirkebi-Stephan et de Morlund cum omnibus Capellis ad eas pertinentibus et cum omnibus alijs pertinentijs suis in proprios usus ipsorum habendas et possidendas imperpetuum. Ita scilicet quod Ecclesia de Kirkebi-Stephan cum suis pertinentijs cedat in usus pro- prios dictorum Monachorum Eboraci ad sustentationem pauperum et peregrinorum. Et Ecclesia de Morlund cum suis pertinentijs in usus proprios Monachorum domus de Wederhale^ quse est cella dictae Ecclesise Sanctse Marise
received the royal assent on August ist, 121 8; he was consecrated February 24th, 1218 — 19. The see had been vacant from before May, 13 1 5, when the custody was granted to the Prior of Carhsle (see Appendix D). Bishop Hugh was one of those who on June 15th, 1220, gave their promise, in verba veritatis, on the part of Henry III. to Alexander II. of Scotland, in regard to the marriage of the latter with the King's sister Johanna (Rymer, Foedera, i. 160). He granted two charters to the Priory of Lanercost about this time, which were confirmed by Bartholomew, Prior, and the Convent of Carlisle, and he fixed the taxation of the Vicarage of Brampton on the collation of Magister Thomas {Register of Lanercost, MS. viii. 6, 7, 8, 10). He also confirmed the Church of Crosseby Ravenswart in Westmaria to the Abbey of Whitby, among the witnesses being Bartholomew, Prior of Karleol, and Suffred, Prior of Wederhala {Chart. Whitby, ed. Atkinson, i. 44). He died at the Abbey of La Fertg in Burgundy, June 14th, 1223, on his return from Verona, whither he had gone with the King's help {Annal. Waverley in ann. 1223 ; Chronicon de Laner- cost, ed. J. Stevenson, p. 30).
2 It should be noted that the Church of Kirkebistephan is granted for the use of the monks of York, and the Church of Morlund for the use of the monks of Wederhale and for the support of the poor and of strangers, the vicars (see below) to receive each \oos.
4—2
52 REGISTRUM PRIORATUS DE WETHERHAL.
Eboraci ad eorundem sustentationem. Decedentibus vero vel cedentibus personis vel Rectoribus prsedictarum Eccle- siarum qui nunc in eis sunt constituti liceat prsefatis Monachis libere et sine alicujus contradictione vel impedi- mento eas sibi in usus proprios retinere. Ita tamen quod in eis vicarios idoneos constituant nobis et successoribus nostris praesentandos qui de proventibus ipsarum c. solidos singuli ipsorum de singulis Ecclesiis percipiant imper- petuum. Curamque animarum a nobis et Successoribus nostris percipere et de Spiritualibus respondere teneantur. Ut autem hsec nostra concessio et confirmatio perpetuae firmitatis robur optineat hoc prsesens scriptum sigilli nostri impressione duximus communire. Hijs Testibus, Domino J. Abbate de fontibus', R. Decano* et Magistro J. Romano Canonico Eboracensi^ Magistro A. de Kirkeby^ tunc
^ John de Cancia was Abbot of Fountains from 1219 to his death, November 25th, 1247 {Memorials of Fountains, ed. Walbran, i. 134). He was one of the executors of the will of this Hugh, Bishop of Carlisle, with the Priors of Wederhal and Lanercost {Close Rolls, 7 Hen. III. m. 8, ed. Hardy, p. 552). The Church of Crosthwaite, Cumberland, was granted to the Abbey of Fountains by Alice de Rumely in 1193—96 (see the ref. in Appendix D), and in 1227 Henry de Curtenay, parson of Crostwait, quitclaimed his right in the Church to this John, Abbot, and the Convent.
* R., or Roger (as in No. 21) de Insula was Dean of York from 1220 to 1235 ; he was a party in 1220 with John Romanus to an agreement between the Dean and Chapter of York and the Abbey of Rievaulx {Chart. Rievaulx, ed. Atkinson, p. 255).
^ John Romanus, or le Romayn, was subdean and afterwards treasurer of York, and father of the Archbishop of York of the same name who was consecrated Feb. loth, 1285—86. He appears to have been of illegitimate birth, and got a dispensation super defectu nataliwn from Pope Honorius III., March ist, 1226; on March 22d, 1241, as Archdeacon of Richmond, he attested a grant of Archbishop Gray {Historians of Church of York, ed. J. Raine, iii. 125, 157). He was named the first subdean in 1228, and died in 1255 according to Matthew Paris, who adds " avarus et cavillosus, dives valde et senex " {Chron. Majora, ed. Luard, v. 534). He appears in September of this year, 1220, as witness to the grant of the Church of Horneby by the
REGISTRUM PRIORATUS DE WETHERHAL. 5.3
Officiali Karliolensi, Johanne de Kirkeby Clerlco, Magistris R. de Bridlington, J. de Hampton' at R. Benvallet^ R. Deskegenesse, R. de Apeltun", Willelmo de Pontefracto et J. de Bovingtun, Nicholao de Morlund, Samsone Clerico et alijs. Actum xill" Calend. Novembris Anno Incarnationis Domini MCCXX".^"
20. Confirmatio H. Episcopi Karliol. super EccLESiis Sancti Michaelis et Sancti Laurentij
DE ApPELBY.
Hugo Dei gratia Karleolensis Episcopus Venerabilibus fratribus in Christo Roberto ^ Abbati et Conventui Sanctae Maris Eboraci salutem in Domino. Quum plerumque contingit per incuriam negligenter administrantium in Ec- clesiis ut quod pejus est per dilapidacionem perperam agentium ofScia Prelatorum, in eis alienationes possessionum et rerum Ecclesiasticarum in enormem iiant lesionem Piorum locorum. Atque ea quae ad sustentationem pau- perum et peregrinorum et deservientium in eis devotione fidelium sacris cenobijs conferuntur in usus alios qui potius salutem animarum impediant quam promoveant minus licite transferuntur. Cum autem vacante sede^ Karleolensis
Abbey of S. Mary at York with R. de Bridlington, J. de Hamerton, Wm. de Pontefract, Robert de Appelton and W. de Lanum {Reg. Magnum Album, ii. 28 quoted in Archbp Gray's Register, ed. J. Raine, p. 139 n., see al.so p. 137).
° Adam de Kirkeby, or Kirkbythore, Official of Carlisle, often occurs in the charters of this date, especially those of Bishop Hugh ; comp. Register of Lanercost, MS. viii. 7, 8, 10 ; Chart, of Whitby, ed. Atkinson, i. pp. 45, 46. There is A. de Kirkeby Junr. in Nos. 211, 213.
' J. de Hampton should be Hamerton as in No. 22, and see note 5 above on J. Romanus.
8 R. or Roger de Benvallet, as in No. 22.
' R. or Robert de Apeltun, see note 5 above.
1" October 20th, 1220.
20. 1 Robert de Longo Campo, see No. 10, note 3.
"' That is from the time when Bernard, Archbishop of Slavonia,
54 REGISTRUM PRIORATUS DE WETHERHAL.
Ecclesias multa in eodem Episcopatu sint perpetrata et quae fieri debuerant impudenter omissa Nos reformationi Matricis Ecclesiee non solum vacare studentes verum et aliarum universitati et praecipue Religiosorum utilitati providentes optamus aliena revocare collapsa reparare et quse negligenter a Matricibus Ecclesiis sunt separata annuente Domino ex injuncto nobis officio cupimus resar- cire. Ea propter karissimi fratres in Christo attendentes devotionem vestram et religiositatem et caritativam in recipiendis hospitibus liberalitatem quam indesinenter habundancius exhibetis. Concedimus vobis ut Ecclesias de Appelby Sancti Michaelis et Sancti Laurentij quas vobis in proprios usus Predecessor noster bonae memoriae Adelwaldus Karliolensis Episcopus cum omnibus liber- tatibus et pertinentijs earundem vobis concessit sicut in originalibus literis quas ab eodem Episcopo recepistis et habetis plenius continetur. Vobis nihilominus de communi assensu capituli nostri Karliolensis presenti scripto perpetuo confirmamus. Habendas et pacifice possidendas in usus proprios salvo jure Diocesano. Ita tamen ut domus de Wederhale nomine universitatis vestrae easdem in proprios usus possideat Salvis tamen consuetis pensionibus quas de eisdem Ecclesiis percipere consuevistis et ministraturi in eis nobis et successoribus nostris Vicarij idonei a vobis praesententur, qui de bonis ipsarum Ecclesiarum congruam recipiant sustentationem. Ita scilicet quod Vicarius in Ecclesia Sancti Michaelis recipiat quinque marcas' et Vicarius in Ecclesia Sancti Laurentij recipiat sex marcas. Et ipsi Vicarij jura Episcopalia et Archidiaconalia persol- vent et honeste Ecclesijs deservient. Hijs Testibus, B.
resigned or died, before May, 1214, to February, 1218 — 19 (see on Bishop Bernard, Appendix D).
3 The Vicar of S. Michael's was to receive 5 marcs or £2,. 6s. &d., if we take the marc at I3J-. i^d., and the Vicar of S. Laurence' 6 marcs or £^ ; but see note i on No. 3. The marc varied in value ; but in 1225, we have it \y. /^d., as is shewn in No. 225.
REGISTRUM PRIORATUS DE WETHERHAL. 55
Priore Karliolensi^ Magistro Adam^ Official!, Domino W. Capellano", et alijs'.
21. CONFIRMATIO EPISCOPI KARLIOL. OMNIBUS
possessionibus et pensionibus infra dicecesen Karliolensem.
Hugo Dei gratia Karliolensis Episcopus omnibus Christi fidelibus ad quorum noticiam praesens scriptum pervenerit salutem in Domino. Noverit Universitas vestra Nos Divinee pietatis intuitu et assensu Capituli Karleolensis Ecclesise concessisse et hac prsesenti carta nostra confir- masse Abbati et Conventui Sanctse Marias Eboraci omnes Possessiones et pensiones omnium Ecclesiarum suarum in Diocesi Karliolensi constitutarum quas habuerunt in eadem Dicecesi ante Consecrationem nostram habendas et pacifice possidendas in perpetuum cum omni integritate et statu sicut eas unquam plenius habere et percipere consueverunt. Ut autem hec nostra concessio et confirmatio perpetuse firmitatis robur obtineat hoc praesens scriptum sigilli nostri appositione una cum sigillo Capituli Karleolensis Ecclesiae communimus. Qui vero praesentis paginae tenorem infirmare praesumpserint noverint se sententiam Excommunicationis incursuros. Hijs Testibus, Rogero Decano, Magistris J. Romano et W. de Lanum' Canonicis Eboracensibus, Ma-
* Bartholomew, so frequently mentioned in this Registe?', and elsewhere, in the time of Bishop Hugh (compare Register oj Lanercost, MS. viii. 7, 8 ; Chart, of Whitby, ed. Atkinson, i. 45). He died in 1231, and was succeeded by Radulph, nephew of Bishop Walter Malclerk {Chronicon de Lanercost, ed. Stevenson, p. 41).
^ Adam de Kirkeby, see note 6 on No. 19.
s Called in No. 118 "our Chaplain" by Bishop Hugh.
'' The date lies between 1218 and 1223, probably about the same time as the last charter.
21. ' William de Lanum appears as Canon of York with John Romanus in the charters mentioned in note 5 on No. 19. In another deed given in the notes to Archbp Gray's Register {e^d.. Raine, p. 186 «.) William son of Richard de Lanum occurs (see also p. 245 «.). He was afterwards Archdeacon of Durham.
56 REGISTRUM PRIORATUS DE WETHERHAL.
gistro A. Official!', Magistro G. de Louther^ Thoma de Wiltun* et alijs^
22. CONFIRMATIO EPISCOPI KARLIOL. DE OMNIBUS
Decimis de Dominicis in Diocesi Karliolensi.
Omnibus Sanctae Matris Ecclesiae filijs ad quorum noticiam presens scriptum pervenerit Hugo Dei Gratia Karliolensis Ecclesiae vocatus sacerdos salutem aeternam in Domino. Noscat universitas vestra nos Divinae Caritatis intuitu de assensu Capituli Carleolensis Ecclesiae concessisse et confirmasse Abbati et Conventui Sanctae Mariae Eboraci et dilectis filijs nostris Priori et Monachis de Wederhale omnes Decimas de Dominicis quas ab antiquo in Diocesi nostra fidelium donatione vel concessione noscuntur possi- dere. Habendas et tenendas inperpetuum in proprios usus eorum sine alicujus contradictione vel impedimento sicut in cartis donatorum de pr^dictis decimis factis et concessis
^ Adam de Kirkeby, see on No. 19.
^ Gervase de Louther, whose name occurs, in a more or less abbreviated form, so often in this Register. The name appears without a title here and in Nos. 118, 151 and in the Register of Lanercost, MS. viii. lo, all in the time of Bishop Hugh ; as Official of Carhsle, in Nos. 46, 93, 131 about 1225 and No. 172 (1223 — 1229) ; as Archdeacon, frequently (see Index) ; for example, in Nos. 54, 129, with Bartholomew, Prior of Carlisle, therefore before his death in 1231; in No. 97 with Radulph, Prior, therefore after 1231 ; in Memorials of Hexham (ed. Raine, ii. 121) with Bishop Walter (1223 — 46), and Bartholomew, Prior; in the Register of Holm Cultram (MS. p. 17), being witness to the confirmation of the Church of Burgh by Bishop Walter