MATERIALS IN CORNISH LAW

CORNISH CHARTERS

Charters relating to the Stannaries

1 Charter of Liberties to the Tinners of Cornwall and Devon (1201)

2 Charter of Liberties to the Tinners of Cornwall (1305)

3 Charter of Confirmation to the Tinners of Cornwall (1402)

4 Grant of Pardon to the Tinner of Cornwall (1508)

 

Charters relating to the Duchy of Cornwall

5 Charter of Henry III (1231) - Richard, Earl of Cornwall

6 Charter of Edward II (1307) - Piers de Gaveston, Earl of Cornwall

7 Charter of Edward II (1318) - Isabella, Queen of England

8 Charter of Edward III (1331) - John of Eltham, Earl of Cornwall

9 Charter of Edward III (1332) - John of Eltham, Earl of Cornwall

10 Charter Edward III (17th March 1337) - The Duchy of Cornwall (The Great Charter)

11 Charter Edward III (18th March 1337)

12 Charter Edward III (3rd January 1338)

 

CHARTER OF LIBERTIES

to the: TINNERS OF CORNWALL AND DEVON

3 JOHN
(1201)

The King to the Archbishops, etc., greeting.... John, by the grace of God, King of England, etc., to the archbishops, bishops, abbots, earls, barons, judges, sheriffs, foresters, and to all our bailiffs and faithful people, greeting. Be it known that we have granted that all tin miners of Cornwall and Devon are free of pleas of the natives as long as they work for the profit of our ferm or for the marks for our new tax; for the stannaries are on our demesne. And they may dig for tin, and for turf for smelting it, at all times freely and peaceably without hindrance from any man, on the moors and in the fiefs of bishops, abbots, and earls, as they have been accustomed to do. And they may buy faggots to smelt the tin, without waste of forest, and they may divert streams for their work just as they have been accustomed to do by ancient usage. Nor shall they desist from their work by reason of any summons, except those of the chief warden of the stannaries or his bailiffs. We have granted also that the chief warden of the stannaries and his bailiffs have plenary power over the miners to do justice to them and to hold them to the law. And if it should happen that any of the miners ought to be seized and imprisoned for breach of the law they should be received in our prisons; and if any of them should become a fugitive or outlaw let his chattels be delivered to us by the hands of the warden of the stannaries because the miners are of our ferm and always in our demesne. Moreover, we have granted to the treasurer and the weighers, so that they might be more faithful and attentive to our service in guarding our areasure in market towns, that they shall be quit in all towns in which they stay of aids and tallages as long as they are in our service as treasurers and weighers; for they have and can have nothing else throughout the year for their services to us. Witnesses, etc.

(Source - G R Lewis - The Stannaries)

 

CHARTER of LIBERTIES

to the TINNERS OF CORNWALL

33 Edward I
(1305)

“For the tinners in Cornwall. - The King to the Archbishops, greeting. Know ye, that for the improvement of our stannaries in the County of Cornwall and/or the tranquillity and advantage of our tinners of the same, we have granted for us and for our heirs, that all the tinners aforesaid working those stannaries, which are our demesnes, whilst they work in the same stannaries, shall he free and quit of pleas of natives, and of all pleas and suits in any wise touching the court of us, or of our heirs, so that they shall not answer before any justices or ministers of us, or our heirs, of any plea or suit within the aforesaid stannaries arising, unless before the custos of our stannaries aforesaid, who for the time being shall be, excepting pleas of land, and of life, and of members, nor shall they depart from their works for the summons of any of the ministers of us, or of our heirs, unless by summons of our said custos; and they shall be quiet of all tallages, toll stallages, aids, and other customs whatsoever, in the towns, ports, fairs, and markets within the county aforesaid, for their own goods. We have granted also the said tinners that they may dig tin, and turves to melt tin, anywhere in the lands, moors, and wastes of us, and of others whomsoever, in the county aforesaid, and divert water and water courses for the works of the stannaries aforesaid, where and when it shall be necessary, and buy wood to melt the tin, as they have been accustomed, without hindrance of us, or of our heirs, bishops, abbots, priors, earls, barons, or others whomsoever, and that our custos aforesaid, or his deputy, shall hold all pleas between the tinners aforesaid arising, and also arising between them and other strangers, for all trespassers, suits, and contracts, made in the places in which they work within the stannaries aforesaid, and that the same custos shall have full power to judge the tinners aforesaid, and other strangers, in such pleas, and to do justice to the parties, as shall be right and heretofore used in the same stannaries; and if any of the tinners aforesaid shall have transgressed in anything/or which they ought to he imprisoned, they shall be arrested by the custos aforesaid, and in our prison of Lostwythiel, and not elsewhere, shall he kept and detained until, according to law and the custom of our kingdom, they shall be delivered; and if any of the tinners aforesaid, upon any fact within the county aforesaid, not touching the stannaries aforesaid, shall put himself upon an inquisition of the county, one half of the jurors of such inquisition shall he of the tinners aforesaid, and the other half of strangers. If concerning a fact wholly touching the stannaries aforesaid, the inquisitions shall he made as they have heretofore been accustomed; and if any of the same tinner shall be fugitive or outlaw or shall have made any default for which he ought to lose his chattels, those chattels shall be appraised by the custos aforesaid, and our coroner of the county aforesaid, and by them at the next towns shall be delivered to answer thereupon to us and our heirs, before our justices itinerant in the county aforesaid. We will, moreover and firmly command that all the tin, as well white as black, wheresoever it shall he found and wrought in the county aforesaid, shall be weighed at Lostwyhiel, Bodmynyan, Liskeret, Trevern, or Helleston, by our weights for this ordered and signed, upon forfeiture of all the tin aforesaid; and that the whole of the same tin shall he coined in the same towns every year before the custos aforesaid, before the day of St Michael, in September under forfeiture aforesaid. And we have granted for us, and for our heirs, that all our tinners afore said may lawfully sell all their tin so weighed to whomsoever they will in the town aforesaid, by making to us and to our heirs the coinage and other customs due and used, unless we, or our heirs, shall buy: wherefore we will

and firmly command for us and for our heirs, that our tinners at aforesaid shall have all the liberties, free customs, and acquittances above written, and that they, without hindrance or impediment of us, or of our heirs, justices, escheators, sheriffs, or other bailiffs or ministers, whomsoever the same shall reasonably enjoy inform aforesaid.

These being witnesses, the venerable fathers, W, Bishop of Coventry and Lichfield; S Bishop of Salisbury, J Bishop of Karlisles, Henry de Lacy Earl of Lincoln; Ralph de Monte Hermerio, Earl of Gluceston and Hertford: Humphrey de Bohim, Earl of Hereford and Essex; Adomar de Valence: Hugh le Dispenser: John de Hastings, and others. Given by our hand, at Westminster the l0th day of April. in the 33rd year of our reign.

(Source – A Report The Trial at Bar Rowe v Brenton – George Concanen)

 

CHARTER OF CONFIRMATION

to the TINNERS OF CORNWALL

3 Henry IV
(1402)

The King, to all to whom, etc., greeting. We have inspected letters-patent of the Lord Richard, late King of England, the second after the conquest, our predecessor, late made in these words - Richard, by the grace of God, King of England and France, and Lord of Ireland, to all to whom these our present letters shall come greeting, we have inspected letters-patent of the Lord Edward, King of England and, our grandfather, in these words - Edward, by the grace of God, King of England and France, and Lord of Ireland, to all to whom these present letters shall come greeting, it appears to us by the inspection of the rolls of our Chancery that we lately caused our charter, under the seal which we then used in England, to be made in these words - Edward, by the grace of God, King of England and France, and Lord of Ireland, to the archbishops, bishops, abbots, priors, earls, barons, justices, sheriffs, reeves, ministers, and to all his bailiffs and faithful people, greeting, it appears to us by inspection of the rolls of Chancery of the Lord Edward, late King of England, our grandfather, that the same, our grandfather, made his charter in these words - (reciting the charter 33 Edward 1) - We also grant of the same, our grand father aforesaid, and all and singular in the charter aforesaid contained, holding firm and valid the same for us and our heirs as much as in us is at the request of Edward, I of Cornwall, and Earl of Chester, our most dear son, to the stanners aforesaid, by the tenor of these presents, have granted, accepted, and confirmed as in the charter aforesaid, is reasonably accepted, and as the same stanners and their ancestors, and predecessors, the liberties aforesaid, from the time of the grant thereof by virtue of the charter aforesaid, have always heretofore been accustomed reasonably to use and enjoy. These being witnesses, the venerable father John, Archbishop of Canterbury, primate of all England; Simon, Bishop of Ely; Robert, Bishop of Chichester; John de Warren, Earl of Surrey and Sussex; Robert Parnying, our chancellor; William de Cusance, our treasurer; Ralph de Stafford, steward of our household; and others. Given by the hand of the aforesaid Duke Guardian of England, at Kenyngton, the nineteenth day of October, in the sixteenth year of our reign of England, and of France the third. We, moreover, the tenor of the charter aforesaid, under the seal which we now use in England, by the tenor of these presents, have caused to be exemplified in testimony whereof these our letters we have caused to be made patent. Witness myself at Westminster, the twenty-fourth day of January, in the eighteenth year of our reign of England, and of France the third. We moreover the grand wills and precepts aforesaid, and all and singular in the said letters contained, holding firm and valid the same for us and for our heirs, as much as in us is, do accept, approve, ratify, and to the aforenamed stanners, by the tenor of these presents, do grant and confirm, as the letters aforesaid reasonably witness, and as the same stanners and their predecessors, the liberties aforesaid, from the time of grant of the same, have always been accustomed to use and enjoy; in testimony whereof these our letters we have caused to be made patent. Witness myself at Westminster, the ,first day of July, in the eighteenth year of our reign. We more over the grants, wills, and precepts aforesaid, and all and singular in the said letters contained, holding firm and valid the same for us and for our heirs, as much as in us is, to the aforenamed stanners, by the tenor of these presents do grant and confirm as the letters aforesaid reasonably witness, and as the same stanners and their predecessors, the liberties aforesaid reasonably witness, from the time of the grant of the same, have been accustomed reasonably to use and enjoy: in testimony whereof these our letters we have caused to be made patent. Witness myself at Westminster, the nineteenth day of May.

(Source – A Report The Trial at Bar Rowe v Brenton – George Concanen)

 

GRANT OF PARDON

TO THE TINNERS OF CORNWALL

Anno 23 Henry VII
(1508)

The King to all to whom, &c., greeting. Know ye, that we of our special grace, and of our certain knowledge and mere motion, have pardoned, remised and released, and by these presents do pardon, remise, and release, to Robert Willoughby, Lord de Broke, John Mowne, of Hall, in the County of Cornwall, Esq., (and then follow about 1500 names,)

and to every of them, otherwise called tinners, bounders, or possessors of works of tin, and to the bounder or possessor of any tin-work in the County of Cornwall, who have not or hath not introduced the names of new possessors, or a new possessor of any tin-work newly-bounded, with the names of the works, in the next court of stannary after the bounding aforesaid, showing the names or name of the possessors or possessor of the same works or work, of tin, with the metes and bounds of the said works or work as well in length as in breadth, to the possessors or possessor of any houses or house, called blowing-houses or a blowing-house, in the County of Cornwall, who have not or hath not introduced the number of all and singular the pieces of tin in the Exchequer at Lostwithiel, yearly, at the time of every coinage, with the names or name of all and singular the possessors or possessor of the same houses or house, called blowing-houses or a blowing-house, with the names or name of all and singular the blowers or workers, blower or worker of the same pieces or parcels of tin blown or wrought in the same houses or house, called blowing-houses or blowing-house, at the time of the coinage there, to the tinners or tinner, buyers or buyer of black or white tin, and to the makers or maker of white tin, who have not or hath not introduced the marks or mark of the possessors or possessor of the said tin, in the said Exchequer at Lostwithiel, to be impressed, put, or written in a certain book of signatures or marks, being in the said Exchequer, before the same possessors or possessor shall sign the said tin with the said mark to the tinners or buyers, tinner or buyer of black or white tin, to the changers or changer of the marks or mark of any possessors or possessor so impressed, put or written to the said book of marks, being in the said Exchequer, to the tinners or buyers, tinner or buyer of black tin, to the blowers or workers, blower or worker of false or hard tin, as well with the letter H; as without the letter H; and to the blowers or workers, blower or worker of white tin from their own black tin,

and to every of them, by whatsoever other means or additions of names or occupations they or any of them are or may be known — all transgressions, contempts, impeachments, forfeitures, concealments, fines, pains, imprisonments, amerciaments, debts, and losses adjudged or to be adjudged, abuses, retentions, and offences, against the form of any statutes, ordinances, provisions, restrictions, or proclamations, by us or by our progenitors, &c., whatsoever authority before this time made, &c. (This charter then proceeds to the following effect) — that no statutes, acts, &c., hereafter issuing, to be made within the county aforesaid nor without, to the prejudice or exoneration of the same tinners, workers of black and white tin, &c., or of any persons or person whomsoever meddling with any black or white tin in the county aforesaid, their heirs, or successors, &c., unless there be first thereunto called twenty and four good and lawful men, from the four stannaries within the County of Cornwall, to be elected, &c.

So that no statute, ordinance, provision or proclamation, hereafter to be made by us, our heirs or successors, or by the aforesaid Prince of Wales, Duke of Cornwall for the time being, or by our council, or the council of our said heirs or successors, or of the said Prince, be made, unless with the assent and consent of the aforesaid twenty and four men, so to be elected and named, &c., and the parties aforesaid, their heirs, &c., shall be hereafter otherwise charged, &c., towards us, our heirs or successors, with any customs, subsidies, or licenses of any tin issuing out of this our Kingdom of England, unless only as other merchants in the same county may be charged, &c., towards us, or have been towards our progenitors, in time of which memory is not, within our ports of London and Southampton, for any customs, subsidies, or licenses of tin issuing Out of this our Kingdom of England; but we will, &c., that the aforesaid Robert, John, &c., and every of them, merchants of tin, and all other buyers, venders, &c. shall be exonerated, &c., by these presents, from all new impositions, &c., so that the said Robert, John, &c., shall not hereafter be charged in any manner for any customs, &c., of tin out of this our kingdom of England, unless as other native buyers, venders, and merchants are charged, or any native merchant is or hath been charged, towards us and our progenitors, within our said ports of London and Southampton aforesaid; and further, that all pardons, &c., by us pardoned, &c., to the aforesaid Robert, John, &c., and to all other offenders or offender, breakers or breaker, of any statutes, ordinances, proclamations, or provisions, made, edited, or ordained by us or our progenitors, &c., touching any tinners, bounders, possessors, blowers, workers, buyers, venders, merchants of tin, or any other meddling with tin as aforesaid, may and shall be in our next Parliament, &c., authorised; and that all grants by us granted, and all annullings of all statutes, acts, &c., aforesaid, by our grants aforesaid annulled, at the petition and request of the said Robert, John, &c., shall be confirmed in the said Parliament, that as well the same Robert, John, &c., may enjoy all our said grants and annullings, so that all statutes, &c., before made, shall be revoked, annulled, and made void, according to the advice and council of the advisers or adviser of the aforesaid Robert, John, &c., to their best profit and greatest advantage as to them shall seem best to be done, &c.

And further, &c., we have granted, &c., to the aforesaid Robert, John, &c., that no supervision of our customs and subsidies in our County of Cornwall aforesaid, nor any searcher of the same customs and subsidies in the said county, from henceforth and hereafter, shall take for the weighing of any tin issuing out of this our kingdom of England, for his fee, by reason of the weighing of the same tin, so issuing out of our kingdom of England aforesaid, only the same as is given to him, and to all other weighers, by a certain statute, edited in the Parliament of the Lord Edward, late King of England the Third, our progenitor, holden in the fourteenth year of his reign, (that is to say) for every weight of forty pounds, one farthing; and from the weight of forty pounds unto the weight of one hundred pounds, one halfpenny; and for every weight of one hundred pounds, unto the weight of a thousand pounds, one penny, and no more, as in the said statute more fully appears.

And further, we grant that every weigher of tin, in our town of Southampton, for the time being, shall take from every merchant of tin in our County of Cornwall, for the weighing of his tin, brought or hereafter to be brought into our town of Southampton, the same as is given to him by the said statute, and no more.

In witness whereof &c., Witness the King at Westminster, the twelfth day of July, in the twenty-third year of the reign of King Henry the Seventh. By writ of privy-seal, and of the date, &c. “.

(Source – A Report The Trial at Bar Rowe v Brenton – George Concanen)

 

DUCHY CHARTERS

CHARTER OF 15 HENRY III
(1231)

Henry the King etc greeting. Know ye that we have given granted, and by this charter confirmed, to our dear brother Richard, Earl of Poicton and Cornwall, the whole county of Cornwall, with the stannary of Cornwall, and all mines and other appurtenances of the same county, and of the stannary aforesaid, to have and to hold of us and our heirs to the same Earl and his heirs, by doing therefore to us and our heirs the service of five knights-fees, for all service and all custom and all demands: wherefore we will, etc. that the same Earl and his heirs shall have and to hold of us and our heirs the aforesaid county of Cornwall, with the aforesaid Stannary, and all mines and other appurtenances of the same county, without any retenement, well and in peace, freely, quietly, and entirely, as is aforesaid.

These being witnesses:

The Venerable Father P Bishop of Winchester

H de Burgo etc

R Earl of Chester and Lincoln

W Earl Warren

W de Ferrars Earl of Derby

W de Fortibus

Etc etc

(Source A Report of the Trial at Bar Rowe v Brenton by George Concanen)

 

CHARTER OF

1 EDWARD II

FOR PIERS DE GAVESTON, EARL OF CORNWALL
(1307)

The King to the Archbishops, bishops , abbotts, priors, earls barons, justices, reeves, ministers, and all his bailiffs, and faithful people, greeting. Know ye that we have granted and by this our charter have confirmed to our dear and faithful Piers de Gaveston, knight, our whole County of Cornwall, with the castles, towns, manors, hundreds, demesnes, homages and service of free tenants, rents, villenages, villiens, their chattels, and sequels, knights’ fees, advowsons of churches, abbies, priories, hospitals, chapels, fairs, markets, warrens, wrecks of the sea, and all other liberties, free customs, rights, and all other things whatsoever to the aforesaid county belonging, and also the office of sheriff of the said county, the Stannary and all mines of tin and lead which were of Edmund, late Early of Cornwall in the county aforesaid. We have also given and granted to the aforesaid Peter our castle of Lideford with the appurtenances, the whole moor and free chase of Dartmoor with the appurtenances, the town of Exeter with the appurtenances, the castle town, and honour of Knaresborough, with the free chase of Knaresborough and all other appurtenances, the manors of Rontheclive and Aldburgh, with the members and all other appurtenances, the castle, town and honour mof Wallingford with the appurtenances, the manor of Wathyngton with the appurtenances, the manor of Bensignton with the appurtenances, four hundreds and a half of Chiltern with the appurtenances, the hundred of Saint Waleric with the appurtenances, the manor of Beckley with the members and other appurtenances, the castle and manor of Mere with the members and other its appurtenances, the town of Chichester with the appurtenances, the manor of Newport juxta Walden with members and its appurtenances, the town of Wilton with the appurtenances, the manor of Cosham with its appurtenances and one hundred pounds rent of the manor of Lychelade to be annually taken by the hands of the abbot of Hayles and his successors, with all services of the same abbot and his successors aforesaid due; and also all other castles, towns, manors, lands, and tenements which the aforesaid Edmund had and held on the day of his death of his acquiring or his ancestors as well by gifts and grants of our progenitors, heretofore kings of England, as of others whomsoever in whatsoever counties of England they may be, with demesnes, homages, services of free tenants, tents villienages, villiens, and their sequels and chattels, knights fees, advowsons of churches, abbies,, priories, hospitals, and chapels, together with fairs, markets, warrens, wrecks of the sea and all other liberties of the aforesaid castles, towns, manors, honors, hundreds, lands, and tenements to anywise belonging.

“To have and to hold the same Peter and his heirs, of us and our heirs, with all things to the aforesaid county, castles, manors, towns, honours, lands, tenements, hundreds, office of sheriff, Stannary mines, and chases pertaining, as is aforesaid for ever, as entirely as the aforesaid Edmund held the day of his death, and as to the lands of the Lord Edward of celebrated memory late King of England, our father, they came” doing to us and to our heirs, the service of three knights-fees for all services therefore belonging to us and our heirs therefore pertaining. Moreover we have granted the same Peter that all castles, manors, towns, honours, lands tenements, rents, and hundreds, and the office of sheriff in the county of Rutland, with knights fees, advowsons of churches, abbies, priories, hospitals, chapels, services of free tenants, villieneges, villiens, their chattels and sequels, fairs, markets, warrens, wrecks of the sea and all other liberties, free customs, rights, and other their appurtenances whatsoever, which Margaret, who was the wife of the aforesaid Edmund, holds dower of our inheritance, and which after the death of the same Margaret to us or our heirs ought to revert, after the decease of the same Margaret, to the aforenamed Peter shall remain for ever. And moreover, we have granted to time same Peter that one hundred shillings rent which William le Ken receives for his life, and one hundred shillings rent which Philip de Kent receives for his life, and ten marks rent which Henry of Chichester receives for his life by the hands of the mayor and commonalty of London by gift and grant of the aforesaid Edmund, out of a certain rent of 50l. due for Queenhithe, London ; and which after the death of the aforesaid William, Philip, and Henry, to us and our heirs likewise ought to revert after the decease of the aforesaid William, Philip, and Henry, shall remain to time same Peter and his heirs for ever. To have and to hold to the same Peter and his heirs of us and our heirs, together with the aforesaid county, castles, manors, towns, honors, hundreds, rents, offices of sheriffs, stannaries, and mines, and all other things whatsoever before-named by the service aforesaid. We will also and grant for us and our heirs that the aforesaid Peter and his heirs for ever shall have, in the aforesaid county, castles, manors, towns, honors, hundreds, rents, lordships, offices of sheriffs, chases, stannaries, mines, and other things abovesaid whatsoever, all liberties and free customs which the aforenamed Edmund had on the day of his death, and which he used in the same, and shall freely enjoy and use all the liberties and free customs aforesaid. Wherefore we will and firmly command for us and our heirs, that the aforesaid Peter shall have and hold of us and our heirs to him and his heirs the aforesaid County of Cornwall, with the castles, towns, manors, hundreds, demesnes, homages, and services of free tenants, rents, villenages, villeins, their chattels and sequels, knights’-fees, advowsons of churches, abbies, priories; hospitals and chapels, fairs, markets, warrens, wreck of the sea, and all other liberties, free customs, rights, and other things whatsoever, to the aforesaid county belonging: and also the office of sheriff of the said county, the stannary and all mines of tin and lead, which were of Edmund, late Earl of Cornwall, in the county aforesaid, and also the aforesaid castle and manor of Lideford with the appurtenances, the whole moor and free chase of Dartmore with the appurtenances, the town of Exeter with the appurtenances, the castle, town, and honour of Knaresburgh with the free chase of Knaresburgh, and all other its appurtenances, the manors of Reuthecliff and Aldburgh with the members and other their appurtenances, the castle, town, and honour of Wallingford with the appurtenances, the manor of Watlington with the appurtenances, the manor of Bensington with the appurtenances, four hundreds and an half of Chiltern with the appurtenances, the honour of Saint Waleric with the appurtenances, the manor of Beckley with the members and other its appurtenances, the castle and honour of Mere with the members and others their appurtenances, the town of Chichester with the appurtenances, the manor of Newport juxta Walden with the members and other its appurtenances, the town Wilton with the appurtenances, the manor

of Cosham with the appurtenances, and the aforesaid one hundred pounds rent out of the manor of Lychlade, to be received annually by the hands of the abbott of Hayles, and his successors, with all service of the same abbott and of his successors aforesaid, therefore due and also all other castles manors, lands, and tenements which the aforenamed Edmund had and held on the day of his death, of his acquiring, or of his ancestors, as well by the gifts and grants of our progenitors, heretofore Kings of England, as of others whomsoever, in whatsoever counties of England they may he, with all things to the same as is aforesaid in any wise belonging, for ever, doing to us and to our heirs the service of three knights’-fees for all service to us and to our heirs therefore pertaining. And also that all the castles, manors, towns, honours, lands, tenements, rents, and hundreds, and the office of she riff in the county of Rutland, with the knights’-fees, advowsons of churches, abbies, priories, hospitals, chapels, services of free tenants, villenages, villeins, and their chattels and sequels, together with fairs, markets, warrens, wreck of the sea, and all other liberties, free customs, rights, and other their appurtenances whatsoever, which the aforesaid Margaret holds in dower of our inheritance, and which, after the death of the said Margaret, to us and our heirs ought to revert, shall remain after the decease of the same Margaret to the aforenamed Peter, and to his heirs for ever. And that the hundred shillings rent which William le Ken, for his life, and the hundred shillings rent which Philip of Kent, for his life, and ten marks rent which Henry of Chichester, for his life, receive by the hands of the mayor and commonalty of London, of our gift and grant, as is aforesaid, and which, after the death of the aforesaid William, Philip, and Henry, to us and to our heirs likewise ought to revert, shall remain after the decease of the aforesaid William, Philip, and Henry, to the same Peter and to his heirs for ever, together with the aforesaid county, castles, manors, towns, honours, hundreds, rents, offices of sheriffs, stannaries, and mines, and other things above said whatsoever, by the service above said. Moreover, we will and firmly command, for us and our heirs, that the afore said Peter, and his heirs for ever, shall have in the aforesaid castles, manors, towns, honours, hundreds; rents, lordships, offices of sheriffs chases, stannaries, mines, and other things whatsoever aforenamed, all liberties and free customs which the aforesaid Edmund had on the day of his death, and which he used in the same as is aforesaid

These being witness Henry de Lacy, Ear of Lincoln, Thomas, Earl of Lancaster; John de Warren etc

Given by our hand at Dumfries, the sixth day of August in the first year of our reign.

(Source – A Report The Trial at Bar Rowe v Brenton – George Concanen)

 

CHARTER OF

11 EDWARD II

FOR ISABELLA, QUEEN OF ENGLAND
(1318)

“The King to all to whom, &c. greeting. Know ye that in part “satisfaction of a sum of money which Isabella, Queen of England, our “most dear consort, for the expenses of our household, receives annually at our Exchequer, we have granted and assigned to her “the sheriffalty of Cornwall, and all our castles, towns, manors, “lands, and tenements, in the County of Cornwall, to have, according “to the extent thereof, made or otherwise to be made, as long as it “shall please us, with hundreds, views of frank pledge, liberties, free “customs, knights’-fees, for Isabella, Queen of England,” advowsons of churches, religious houses and hospitals, and all other things to the aforesaid sheriffalty, castles, towns, manors, lands, and tenements in any wise belonging, as fully and entirely as we held the same in our hands, and that she shall have all fines, redemptions, amercements, of all men and tenants of the same castles, towns, manors, lands and tenements, and with the fees of the same, and the issues, forfeitures, and all other things which can perta into us of year, day waste, forfeitures, and murders, in whatsoever our courts, of those men and tenants, as well before us, and in our Chancery, as before our Treasurer and Barons of the Exchequer, and before our Justices Itinerant for Common Pleas and Pleas of the Forest, and also before other our Justices and Ministers whatsoever, such fines and redemptions happen to be made or amerced, or that such issues, murders, forfeitures, year, day and waste, happen to be adjudged, so that the same, our consort, by the hands of the sheriff of the county aforesaid, may levy, receive, and have the fines, redemptions, and amercements of the men and tenants aforesaid, and the issues, forfeitures, and all things which can pertain to us of year, day, waste, , forfeitures, and murders, in the same castles, towns, manors, lands, and tenements, and the fees of the same, which before the Judges’ Itinerant for Common Pleas and Pleas of the Forest, happen to be made and adjudged by estreats thereof of the justices itinerant in their tiers to the same sheriff delivered, and also the fines, redemptions, and amercements of the men and tenants aforesaid, and the issues, forfeitures, and all other things which can pertain to us of year, day, waste, forfeitures, and murders in the same castles, towns, manors, lands, and tenements, and in the fees of the same before us and in our Chancery, or before our Treasurer and Barons of the Exchequer, or before our Justices, and other whomsoever shall happen to be made and adjudged, by estreats of our Exchequer to the sheriff of the same county thereof delivered, without the hindrance or impediment of us or of our bailiffs or ministers whomsoever. And that she shall have in the same castles, towns, manors, lands, and tenements, and in the fees of the same, the chattels of felons and fugitives, so that if any of her men or tenants for his offence ought to lose life or member, or shall fly and refuse to stand to judgment, or shall make any other default for which he ought to lose his chattels, wheresoever justice ought thereupon to be done, whether in Our court, or in another court, those chattels shall be to our aforenamed consort ; and it shall be lawful for our aforesaid consort, or her ministers, to take possession the chattels aforesaid, and the same to retain to the use of the same our consort, without the ‘hindrance or impediment. of us our sheriffs, or other our bailiffs, or ministers whomsoever : nevertheless, so that the sheriff of the same county who for the time shall be, shall answer to us at our Exchequer for our debts to our use in the same county to be levied, as long as our said consort shall have the sheriffalty, castles, towns, manors, lands, and tenements abovesaid. In testimony whereof, &c. witness the King, at Nottingham, the 25th day of July,

By the King himself.

(Source – A Report The Trial at Bar Rowe v Brenton – George Concanen)

 

CHARTER OF

4 EDWARD III.

FOR JOHN OF ELTHAM, EARL OF CORNWALL

(1331)

The King to the same (archbishops, bishops, &c.) greetings Know ye, that whereas we willing to honour the person of our beloved and faithful John of Eltham, our most dear brother, and given him the name and honour of Earl of Cornwall have preferred, and girt with a sword, as Earl of the same place; and that the same, our brother, may be more decently to sustain the name and honour of Earl, we have given, granted, and by this our charter confirmed to the same Earl, 20l of yearly rent, under the name and honour of Earl of Cornwall, of the issues of the County of Cornwall, by the hands of the steward or sheriffs to be received. And also the castles, manors, lands, and tenements under written; to wit, the manor of Hadleigh, with the appurtenances, in the county of Suffolk; the castle and manor of Eye, with the hamlets of Dalyngho, Alderton, and Thorndon, and other appurtenances in the said county, 20l of yearly rent, which the prior and convent of Bromholm render for the manor of Baketon, in the county of Norfolk; a certain yearly rent belonging to the honour of Eye, in the said counties of Norfolk, Suffolk and Lincoln, and in the county of Essex, together with the wardship of the same castle of Eye, and the free-court belonging to the same honour, in the same county of Lincoln; certain lands and tenements in Clapton, with the appurtenances, in the same county; the castle and town of Berkhampstead, with the honour and other its appurtenances, in the county of Hertford; the manor of Risbergh, with the park and other its appurtenances, in the county of Bucks; the manor of Cippenham, with its appurtenances, in the same county

CHARTER OF

5 EDWARD III.

FOR JOHN ELTHAM, EARL OF CORNWALL

(1332)

For John OF ELTHAM, EARL of C0RNWALL.—The King to the archbishops, &c. greeting. Know ye that whereas we being lately willing to honour the person of our dear and faithful John de Eltham, Earl of Cornwall, our most dear brother, we have given to him the name and honour of Earl of Cornwall, and we have created him Earl of Cornwall, and have girt him with a sword as Earl of the said place; and to the same Earl we have subsequently given and granted twenty pounds of yearly rent under the name and honour of Earl f Cornwall, out of the issue and profits of the County of Cornwall, to be taken by the hands of the steward or sheriff of Cornwall, who for the time shall be. Also, we have given and granted by our charter divers castles, manors, lands, and tenements, to the value of two thousand marks of land by the year, to have and to hold to the same Earl and his heirs of his body, lawfully begotten of us, and of our heirs, by the service of two knights’-fees for all service for ever, as in our charter aforesaid is more fully contained. We, that our same brother may be able more suitably to sustain the state and honour of an Earl, willing further to provide for him, have given and granted, and by this our charter have confirmed to the same Earl, beyond the said twenty pounds yearly, and two thousand marks of land afore the castles, manors, lands, and tenements underwritten; namely the castle, borough, and manor of Tyntagel with the appurtenances in the County of Cornwall; the manor of Clymeslond, with the park and other its appurtenances, in the same county; the manor of Tybeste, with the bailiwick of Pondershire, and other its appurtenances, in the same county; the castle of Rostormel, with the park and other its appurtenances, in the same county; the manor of Teuyngton, with the appurtenances, in the same county; the castle and manor of Tremeton, with the park and other their appurtenances, in the same county; the manor of Helleston in Kyrier, with the appurtenances, in the same county; the manor of Moreske, with the appurtenances, in the “same county; the manor of Touarnail, with the appurtenances, in the same county; the manor of Pengneth, with the appurtenances, in the same county; the manor of Penlyn, with the park and other its appurtenances, in the same county; the castle and borough of Launceston, with the appurtenances, in the same county; the manor of Rellaton, with the bedelary of Istwevelshire, and other its appurtenances, in the same county; the manor of Helleston, in Trigg, with the park and other its appurtenances, in the same county; the manor of Lyskyret,, with the park and other its appurtenances in the same county; the manor of Calistoke, with the fishery and other its appurtenances, in the same county; the manor of Talskydi, with the appurtenances, in the same county. The manor of. Watlynton, with the appurtenances, in the county of Oxford; the castle and manor of Mere, with the appurtenances, in the county of Wilts; and fourteen pounds, three shillings, and five-pence halfpenny farthing rent, out of the issues of the County of Cornwall, to be received by the hands of our steward or sheriff there, who for the time shall be.

To have and to hold to the aforenamed Earl, and to his heirs aforesaid, together with knights’-fees, advowsons of churches, chapels, abbies, priories, religious houses and hospitals, and with markets, fairs, chaces, parks, warrens, fisheries, and all other liberties and free customs to the same castles, boroughs, manors, parks, bailiwick, bedelary, fishery, and rent, howsoever belonging, of us and our heirs, by the service of one knight’s-fee for all service for ever, in value one thousand marks of land by the year so that if the same Earl shall die without heir of his body

lawfully begotten, then the castles, boroughs, manors, parks, bailiwick, bedelary, fishery, and rents aforesaid, with the appurtenances, together with knights’-fees, advowsons of churches, chapels, abbies, priories, religious houses and hospitals, and with markets, fairs, chaces, parks, warrens, fisheries, and all other liberties and free customs to the same castles, boroughs, manors, parks, bailiwick, bedelary, fishery, and rent howsoever belonging, shall wholly revert to us and our heirs. Wherefore we will, and firmly command for us, and for our heirs, that the aforesaid Earl shall have beyond the said twenty pounds annually, and the two thousand marks of land aforesaid, the same castles, boroughs, manors, parks, bailiwick, bedelary, fishery, with the appurtenances, and fourteen pounds, three shillings, and five-pence, one halfpenny, and one farthing rent aforesaid, out of the issues of the said County of Cornwall, to be received by the hands of the steward or sheriff there, who for the time shall be, together with knights’ fees, advowsons of churches, chapels, abbies, priories, religious houses and hospitals, and with markets, fairs, chaces, parks, warrens, fisheries, and all other liberties and free customs to the aforesaid castles, boroughs, manors, parks, bailiwick, bedelary, fishery, and rent howsoever belonging, to him and to his heirs of his body lawfully begotten, of us and of our heirs, by the service of one knight’s-fee for all service for eve in value one thousand marks of land by the year aforesaid, so that if the same Earl shall die without heir of his body lawfully begotten, then the castles, boroughs, mailers, parks, bailiwick, bedelary, fishery, and rent aforesaid, with the appurtenances, together with the knights’ advowsons of churches, chapels, abbies, priories, religious houses and hospitals, and with markets, fairs, chaces, parks, warrens, fisheries, and all other liberties and free customs to the same castles, boroughs, manors, parks, bailiwick, bedelary, fishery, and rent howsoever belonging, to us and to our heirs, shall wholly revert, as is aforesaid. These being witnesses the venerable fathers, S.,Archbishop of Canterbury, Primate of all England; J., Bishop of Winchester, our Chancellor; W., Bishop of Norwich, our Treasurer; John de Warren, Earl of Surrey; Thomas, Earl of Norfolk, and Marshal of England; Henry de Percy; Gilbert Talbot; Ralph de Nevill, Steward of our Household, and others. Given by our hand, at ‘Westminster, the tenth day of October.

By the King himself.

And it is commanded to W Botereux, steward of Cornwall, that he should cause to be delivered to the same Earl, or to his attorney in this behalf, the aforesaid castle, borough, “and manor of Tyntagel, the manor of Clymeslond with the park, the manor of Tybeste with the bailiwick of Pondershire, the “castle and manor of Rostormel with the park, the manor of “Teuyngton, the castle and mairor of Tremeton with the park, “and manor of Helleston in Kerrier, the manor of Moreske, the manor of Touarnail, the manor of Pengneth, the manor of Penlyn, the castle and borough of Launceston, the manor of Rellaton with the bedelary of Istwevelshire, the manor of Helleston in Trigg with the park, the manor of Liskiret with the park, the manor of Calistoke with the fishery, and the manor of Talskydy with the “appurtenances” to have according to the tenor of the King’s charter above said. Witness as above.

By the King himself.

And it is commanded to the keeper of the castle and manor of Mere, in the county of Wilts, that he shall deliver to the same Earl, or to his attorney in this behalf, the castle and manor aforesaid said, with the appurtenances, to have, &c. as above. Witness as above.

By the King himself.

(Source – A Report The Trial at Bar Rowe v Brenton – George Concanen)

 

CHARTER

11 Edward III.

(also known as the Great Charter)

(17th March 1337)

(Creating the Duchy of Cornwall.) 

For Edward, Duke of Cornwall

For The King, to his Archbishops, &c. greeting. Among other glories of a kingdom, we hold that to be chiefest, which, strengthened by a proper distribution of orders, dignities, and offices, will cause it to be supported by wise counsels, and upheld by the powers of the great: therefore many hereditary dignities of our kingdom having devolved as well by hereditary descent according to the law of the same kingdom, upon co-heirs and co-parceners, as also on failure of issue, and from various other events, to the King's hands, the said kingdom hath for a long time suffered a great deficiency in titles, honors, and the dignity of rank. Regarding therefore, with anxious consideration, those things whereby our kingdom may be adorned, and the same kingdom, and the holy church thereof, and other the lands subjected to our dominion, may be more securely and fitly defended against the attempts of enemies and of adversaries, and our peace preserved inviolate amongst our subjects everywhere; and desiring that places of note of the same kingdom should be adorned with their pristine honors, and reflecting on, and having more intimate regard to, the person of our dear and faithful Edward Earl of Chester, our first-begotten son, and willing that his person should be honored, we have, by the common assent and advice of the prelates, earls, barons, and others of our council, being in our present Parliament, convened at Westminster, on Monday next after the feast of Saint Matthias the Apostle last past, given unto our same son the name and honor of Duke of Cornwall, and have advanced him as Duke of Cornwall ; and have girt him with a sword, as is meet ; and lest hereafter in any wise it should be turned into doubt, what or how much the same Duke, or other the Dukes, of the said place, for the time being, ought to have in name of the Duchy aforesaid, we have caused all things in kind, which we will to pertain to the same Duchy, to be inserted in this our charter : therefore we have given and granted for us and our heirs, and by this our present charter have confirmed to our same son, under the name and honor of Duke of the said place, the castles, manors, lands, and tenements, and other things under written, in order that he may be able to sustain the state and honor of the said Duke, according to the nobility of his birth, and the more easily to support the burthens incumbent in that behalf, (that is to say,) the Shrievalty of Cornwall, with the appurtenances, so that the aforesaid Duke, and other Dukes of the same place for the time being, make and appoint, and may be able to make and appoint, the sheriff of the aforesaid county of Cornwall, at their pleasure to execute and perform the office of sheriff there, as hath hitherto been accustomed to be done, without the hindrance or impediment of us or of our heirs for ever. And also the castle, borough, manor, and honor of Launceston, with the park there, and other their appurtenances in the counties of Cornwall and Devon ; the castle and manor of Tremeton, with the town of Saltash, and the park there, and other their appurtenances in the counties aforesaid ; the castle, borough, and manor of Tyntagel, with the appurtenances, in the said county of Cornwall ; the castle and manor of Rostormel, with the park there and other their appurtenances, in the same county, and the manors of Clymeslonde, with the park of Kerry Bullock, and other its appurtenances ; Tybeste, with the bailiwick of Poudershire, and other its appurtenances ; Tewington, with the appurtenances ; Helleston, in Kerrier, with the appurtenances ; Moresk, with the appurtenances ; Tewarnayl, with the appurtenances ; Pengkneth, with the appurtenances ; Penlyn, with the park there and other its appurtenances ; Rellaton, with the bedelry of Eastwyvelshire, and other its appurtenances ; Helleston in Trighshire, with the park of Hellesbury, and other its appurtenances ; Lyskyret, with the park there, and other its appurtenances ; Calistock, with the fishery there, and other its appurtenances ; and Talskydi, with the appurtenances, in the same county of Cornwall ; and the town of Lostwythiel, in the same county, with the mills there, and other its appurtenances ; and our prisages and customs of wines, in the same county of Cornwall : and also all the profits of our ports within the same county of Cornwall to us belonging, together with wreck of the sea, as well of whale and sturgeon and of other fishes which to us belong, by reason of our prerogative, as other things whatsoever to such wreck of the sea in anywise pertaining, in all the aforesaid county of Cornwall ; and the profits and emoluments of the county courts holden in the aforesaid county of Cornwall, and of hundreds and the courts the same ; in that county, to us belonging ; and also our stannary in the same county of Cornwall, together with the coinage of the same stannary, and with all issues and profits therefrom arising ; and also with the explees, profits, and perquisites of the court of the stannary and mine in the same county. Except, only, one thousand marks, which we have granted for us and our heirs to our dear and faithful William de Montacute Earl of Salisbury, to be received by him and the heirs male of his body lawfully begotten, from the issues and profits of the coinage aforesaid, until the castle and manor of Tonbridge, with the appurtenances, in the county of Wilts, and the manors of Aldburn, Aumbresbury, and Winterbourne, with the appurtenances, in the same county, and the manor of Caneford, with the appurtenances, in the county of Dorset, and the manors of Henstrigge and Charleton, with the appurtenances, in the county of Somerset, which our dear and faithful John de Warren Earl of Surrey, and Joan his wife, hold for the term of their lives, and which after their death ought to revert to us and our heirs, we have granted to remain, after the decease of the said Earl and Joan, to the aforesaid Earl of Salisbury, and the heirs male of his body lawfully begotten, to the value of eight hundred marks by the year, and two hundred marks of land and rent, which we have granted to provide for the said Earl of Salisbury, to be holden in form aforesaid, shall come to our hands. And also our stannary in the aforesaid county of Devon, with the coinage, and all issues and profits of the same ; and also, with the explees, profits, and perquisites of the courts of the same stannary, and the water of Dartmouth, in the same county, and the annual ferm of twenty pounds of our city of Exeter, and our prisages and customs of wines in the water of Sutton, in the same county of Devon. And also the castle of Wallingford, with its hamlets and members, and the yearly farm of the town of Wallingford, with the honors of Wallingford and of St. Wallery, with the appurtenances, in the county of Oxford, and other counties wheresoever those honours may be ; and the castle, manor, and town of Berkhamstead, with the park there, together with the honor of Berkhamstead, in the counties of Hertford, Bucks, and Northampton, and other their appurtenances ; and the manor of Byflet, with the park there, and other its appurtenances, in the county of Surrey : To have and To hold, to the said Duke, and to the first-begotten son of him and of his heirs, Kings of England, and hereditarily to succeed as Dukes of the said place, in the kingdom of England : together with the knights' fees, advowsons of churches, abbies, priories, hospitals, chapels, and with the hundreds, fisheries, forests, chases, parks, woods, warrens, fairs, markets, liberties, free customs, wards, reliefs, escheats, and services of tenants, as well free as bond, and all other things to the aforesaid castles, boroughs, towns, manors, honors, stannaries, coinages, lands, and tenements howsoever and wheresoever belonging or pertaining of us and our heirs for ever, together with four score pounds of the annual ferm, which our dear and faithful John de Meere is bound to pay by the year unto us during his whole life for the castle and manor of Meere, with the appurtenances, in the county of Wilts, granted to him by us, to have for the term of his life, to be received every year by the hands of the same John during his whole life, and with the aforesaid one thousand marks yearly, so granted by us to the aforesaid Earl of Salisbury, out of the issues of the coinage aforesaid, after seizin had by him or his said heirs male of his body begotten, of the castle and manor of Tonbridge, and of the said manors of Aldebourne, Aumbresbury, Winterbourne, Caneford, Henstrigg, Charlton, after the death of the said Earl of Surrey and Joan, and of the said two hundred marks of land and rent, so to be provided for the said Earl of Salisbury, and the said heirs male of his body begotten, according to the rate of the portion of the same castle, manors, lands and tenements, when they shall entirely or partly come to the hands of the same Earl of Salisbury, or of his heirs male of his body begotten. Moreover, we have granted for us and our heirs, and by this our charter have confirmed that the castle and manor of Knaresburgh, with its hamlets and members, and the honor of Knaresburgh, in the county of York, and other counties wheresoever that honor shall be ; the manor of Istilworth, with the appurtenances, in the county of Middlesex, which Philippa, Queen of England, our most dear consort, holds of our grant for term of her life ; and the castle and manor of Lydeford, with the appurtenances, and with the chace of Dartmore, with the appurtenances, in the said county of Devon ; and the manor of Bradenash, with the appurtenances, in the same county, which our faithful Hugh D'Audele, Earl of Gloucester, and Margaret his wife, hold of our grant for the term of the life of the said Margaret ; and the said castle and manor of Meere, with the appurtenances, which the aforesaid John so holds of our grant for his life, and which after the death of the same Queen Margaret and John ought to revert to us and our heirs ; (that is to say,) after the decease of the aforenamed Queen, the castle and manor of Knaresburgh, with the honor, hamlets, and members aforesaid, and other their appurtenances, and the manor of Istilworth, with the appurtenances ; and after the death of the aforesaid Margaret, the said castle and manor of Lydeford, with the said chace of Dartmore, and other their appurtenances, and the manor of Bradenash, with the appurtenances ; and after the death of the aforesaid John, the said castle and manor of Meere, with the appurtenances, shall remain to the aforesaid Duke, and to the first-begotten sons of him and of his heirs, Kings of England, and hereditarily to succeed as Dukes of the said place, in the kingdom of England, as is aforesaid : To have and To hold, together with the knights' fees, advowsons of churches, abbies, priories, hospitals, chapels, and with the hundreds, wapentakes, fisheries, forests, chaces, parks, woods, warrens, fairs, markets, liberties, free customs, wardships, reliefs, escheats, and services of tenants, as well free as bond, and all other things to the same castles, manors, and honors, howsoever and wheresoever belonging or pertaining of us likewise, and of our heirs for ever. All which said castles, boroughs, towns, manors, honors, stannaries, and coinages, ferms of Exeter and Wallingford, lands and tenements, as above specified, together with the fees, advowsons, and all other things above said, we do by this our present charter, for us and our heirs, annex and unite to the aforesaid Duchy, to remain to the same for ever, So that from the same Duchy they may at no time be in anywise separated, nor be, in any manner whatsoever, given or granted by us or our heirs to any other or any others than to the Dukes of the said place : So also that the aforesaid Duke, or any other Dukes of the same place being deceased, and the son or sons to whom the same Duchy, by force of our aforesaid grants, is known to belong not then appearing, the same Duchy, with the castles, boroughs, towns, and all other things above said, shall revert to us or our heirs, Kings of England, to be retained in the hands of us, and of our same heirs, Kings of England, until such son or sons, hereditarily to succeed in the said kingdom, shall appear as aforesaid, to whom then, successively for us and our heirs, we do grant and will the said Duchy, with the appurtenances, to be delivered to be holden in manner as is above expressed. Moreover, we have granted for us and our heirs, and by this our charter have confirmed to the aforesaid Duke, that the same Duke and the said first-begotten sons of him and of his heirs, Dukes of the said place, shall for ever have free warren of all the demesne lands of the castles and manors, and other places aforesaid, so only that the same lands be not within the metes of our forests, so that no one shall enter those lands to chase in them, or take anything which to free warren pertains, without the licence and will of the same Duke, and of other Dukes of the same place, on forfeiture to us of ten pounds. Wherefore we will and firmly command, for us and our heirs, that the said Duke have and hold, to him and to the first-begotten sons of him and of his heirs, Kings of England, and hereditarily to succeed as Dukes of the same place, in the said kingdom of England, as is aforesaid, the aforesaid shrievalty of Cornwall, with the appurtenances, so that he and others, the Dukes aforesaid, make and appoint, and may be able to make and appoint, the sheriff of the aforesaid county of Cornwall at their pleasure, to exercise and perform the office of sheriff there in manner as hath hitherto been accustomed to be done, without the hindrance or impediment of us or of our heirs for ever. And also, the aforesaid castle, borough, manor, and honor of Launceston, the castle and manor of Trematon, with the town of Saltash ; the castle, borough, and manor of Tyntagel ; the castle and manor of Rostormel ; and the manors of Clymeslonde, Tybcste, Tewyngton, Helleston in Kerrier, Moresk, Tewarnayl, Pengkneth, Penlyn, Rellaton, Helliston in Trigshire, Lyskyret, Calistock, Talskydy, and the town of Lostwythiel, with their appurtenances, together with the parks, bailiwick, bedelry, fishery, and other things above said, in the aforesaid county of Cornwall, the aforesaid prisages and customs and profits of the ports aforesaid, together with the said wreck of the sea, and the said profits and emoluments of the county courts, hundreds, and courts aforesaid to us belonging, and the said stannary in the same county of Cornwall, together with the coinage of the same stannary, and with all issues and profits arising therefrom, and also with the explees, profits, and perquisites of the said court, except only the said one thousand marks, which we have granted for us and our heirs to our dear and faithful William de Montacute, Earl of Salisbury, to be received by him and the heirs male of his body lawfully begotten, from the issues and profits of the coinage aforesaid, until the said castle and manor of Tonbridge, with the appurtenances, and the said manors of Aldebourne, Aumbresbury, and Wynterbourne, with the appurtenances, and the said manors of Henstrigge and Charleton, with the appurtenances, which the aforesaid Earl of Surrey, and Joan his wife, hold for the term of their life, and which, after their death, ought to revert to us and our heirs, we have granted to remain after the decease of the same Earl, and Joan, to the aforenamed Earl of Salisbury, and to the heirs male of his body lawfully begotten, to the value of eight hundred marks by the year, and of the said two hundred marks of land and rent, which we have granted to provide to the said Earl of Salisbury, to hold in form aforesaid, shall come into our hands as is aforesaid. And the said stannary in the aforesaid county of Devon, with the coinage and all issues and profits of the same, and also with the explees, profits, and perquisites of the courts of the same stannary, the water of Dartmouth, and the said annual ferm of twenty pounds of the said city of Exeter, and the said prisages and customs of wines in the water of Sutton, in the same county of Devon, and also the aforesaid castle of Wallingford, with its hamlets and members, the annual ferm of the town of Wallingford, with the said honors of Wallingford and of Saint Wallery ; the castle, manor, and town of Berkhampstead, with the said honor of Berkhampstead ; and the manor of Byfleet, with the parks and other its appurtenances aforesaid, together with the knights' fees, advowsons of churches, abbies, priories, hospitals, chapels, and with the hundreds, fisheries, forests, chaces, parks, woods, warrens, fairs, markets, liberties, free customs, wardships, reliefs, escheats, and services of tenants, as well free as bond, and all other things to the aforesaid castles, boroughs, towns, manors, honors, stannaries, and coinage, lands and tenements, howsoever and wheresoever belonging, or pertaining of us and our heirs for ever, together with the said fourscore pounds of annual ferm, which the aforesaid John de Meere is bound to pay unto us by the year, during his whole life, for the said castle and manor of Meere by us granted to him, to have for the term of his life, to be received every year by the hands of the same John for his whole life, and also with the aforesaid one thousand marks yearly so by us granted to the aforesaid Earl of Salisbury, from the issues of the coinage aforesaid, after seizin taken by him or his said heirs male of his body begotten of the said castle and manor of Tonbridge, and of the manors of Aldbourne, Aumbresbury, Wynterbourn, Caneford, Henstrigg, and Charleton, after the death of the same Earl of Surrey, and Joan, and of the said two hundred marks of land and rent, so to be provided to the said Earl of Salisbury, and to his said heirs male of his body begotten, for the rate of the portion of the same castle, manors, lands, and tenements, when they shall entirely, or in part, come to the hands of the same Earl, or of his said heirs male of his body begotten, as is aforesaid ; And that the aforesaid castle and manor of Knaresburgh, with its hamlets and members, and the honor of Knaresburgh, and the manor of Istilworth, with the appurtenances, after the death of our aforenamed consort, the castle and manor of Lydcford, with the appurtenances, and with the said chace of Dartmore, with the appurtenances, and the manor of Bradenash, with the appurtenances, after the decease of the aforesaid Margaret ; and the castle and manor of Meere, with the appurtenances, after the death of the aforesaid John de Meere shall remain to the aforesaid Duke ; To have and To hold to him, and the first-begotten son of him, and of his heirs, Kings of England, and hereditarily to succeed as Dukes of the same place, in the kingdom of England, as is aforesaid, together with the knights' fees, advowsons of churches, abbies, priories, hospitals, chapels, and with the hundreds, wapentakes, fisheries, forests, chaces, parks, woods, warrens, fairs, markets, liberties, free customs, wardships, reliefs, escheats, and services of tenants, as well free as bond, and with all other things to the same castles, manors, and honor, howsoever and wheresoever belonging, or pertaining of us likewise, and our heirs for ever, as is aforesaid. All which same castles, boroughs, towns, manors, and honors, stannaries, and coinages, ferms of Exeter and Wallingford, lands and tenements as above specified, together with the fees, advowsons, and all other the things above said, we do by our present charter, for us and our heirs, annex and unite to the aforesaid Duchy, to remain to the same for ever ; So that from the same Duchy they may at no time be in anywise separated, nor be in any manner soever given or granted by us, or our heirs, to any other person or persons than to the Dukes of the said place ; So also that on the aforenamed Duke, or other Dukes of the same place, being deceased, and the son or sons to whom the said Duchy, by force of our aforesaid grants, is known to belong not then appearing, the same Duchy, with the castles, boroughs, towns, and all other the things aforesaid, shall revert to us, and our heirs, Kings of England, to be retained in the hands of us and the same our heirs, Kings of England, until such son or sons, hereditarily to succeed in the said kingdom of England, shall appear as is aforesaid ; to whom then successively for us and our heirs we do grant and will the same Duchy, with the appurtenances, to be delivered, to be holden as is above expressed ; And that the same Duke, and the said first-begotten sons of him and of his heirs, Dukes of the said place, for ever have free warren in all the demesne lands aforesaid, so only that the same lands be not within the metes of our forest ; So that no one shall enter those lands to chase there, or to take anything which to warren pertains, without the licence and will of the same Duke, and other Dukes of the same place, on forfeiture to us of ten pounds, as is aforesaid. These being witnesses, the Venerable Fathers I. Archbishop of Canterbury, Primate of All England ; our Chancellor, Henry Bishop of Lincoln ; our Treasurer, Richard Bishop of Durham ; John de Warren Earl of Surrey ; Thomas de Beauchamp Earl of Warwick ; Thomas Wake of Lydel ; John de Moubray ; John D'Arcy, the nephew, Steward of our Household ; and others. Given by our hand, at Westminster, the 17lth day of March.

By the King himself and the whole Council in Parliament.

And it is commanded to the knights, free men, and all others the tenants of the castles, manors, and honors abovesaid, that to the aforesaid Duke, concerning their homages, fealties, rents, and other their services, they be attendant and respondent.

The King, however, willeth that his dear and faithful Bartholomew de Burghbursh and William de Cusance, to whom the King hath granted the issues and profits of the castles, manors, and honors aforesaid, until the feast of St. Michael next coming, in aid of the payment of the debts of John late Earl of Cornwall, shall be in nowise prejudiced concerning the perception of the aforesaid issues, contrary to the grant of the King aforesaid. Witness the King as above.

By the King himself and the whole Council in Parliament.

(Source – A Report The Trial at Bar Rowe v Brenton – George Concanen)


Charter

11 Edward III

(18th March 1337)

For Edward, Duke of Cornwall The King to Archbishops, &c, greeting. Know ye, that whereas we, lately willing to honor the person of our beloved and faithful Edward Earl of Chester, our first-begotten son, with the common assent and counsel of the prelates, earls, barons, and others of our Council, being in our present Parliament convoked, at Westminster, on Monday next after the feast of St. Matthias the Apostle last past, did give to our same son the name and honor of Duke of Cornwall, and prefer and gird him with the sword as Duke of Cornwall, as is fitting, and in order that he might keep up the estate and honor of Duke more becomingly according to the nobility of his rank, and more easily support the charges in that behalf incumbent, did give and grant by our charter, for us and our heirs, to our same son, under the name and honor of Duke of the said place, the shrievalty of Cornwall, with its appurtenances, and the castle, borough, manor, and honor of Launceston, with the park there and other their appurtenances in the counties of Cornwall and Devon ; the castle and manor of Tremeton, with the town of Saltash, and the park there, and other their appurtenances in the counties aforesaid ; the castle, borough, and manor of Tyntagel, with the appurtenances, in the said county of Cornwall ; the castle and manor of Rostormel, with the park there, and other their appurtenances, in the same county ; and the manors of Clymeslond, with the park of Keribullock, and other their appurtenances ; Tybeste, with the bailiwick of Poudershire, and other its appurtenances ; Tewynton, with the appurtenances ; Helleston, in Kerrier, with the appurtenances ; Moresk, with the appurtenances ; Tewarnayl, with the appurtenances ; Pengkneth, with the appurtenances ; Penlyn, with the park there and other its appurtenances ; Rellaton, with the bedelry of Estwyvelshire and other its appurtenances ; Helleston, in Trigshire, with the park of Hellesbury and other its appurtenances ; Lyskiret, with the park there and other its appurtenances ; Calistok, with the fishery there and other its appurtenances ; and Talskydy, with the appurtenances, in the same county of Cornwall ; and the town of Lostwithiel in the same county, in the same county of Cornwall ; and also all profits of our ports within the same county of Cornwall to us belonging, together with wreck of the sea, as well of whale and sturgeon and other fish, which belong to us by reason of our prerogative, as other things whatsoever to such wreck of the sea in anywise howsoever appertaining, in all the aforesaid county of Cornwall ; and the profits and emoluments of County Courts holden in the aforesaid county of Cornwall, and of the hundreds and the courts of the same in the same county to us belonging ; and also our stannary in the same county of Cornwall, together with the coinage of the same stannary, and with all the issues and profits thereof arising, and also the explees, profits, and perquisites of the courts of the stannary and mines in the same county, except only one thousand marks, which we have granted for us and our heirs to our beloved and faithful William de Montacute Earl of Salisbury, to be received by him and his heirs male of his body lawfully begotten, out of the issues and profits of the coinage aforesaid, under a certain form in our other charter to the same Duke thereof made more fully mentioned : To have and To hold to the same Duke and the first-begotten sons of him, and his heirs, Kings of England, and hereditarily to succeed as Dukes of the said place, in the kingdom of England, together with knights' fees, advowsons of churches, abbies, priories, hospitals, chapels, and with hundreds, fisheries, forests, chaces, parks, woods, warrens, fairs, markets, liberties, free customs, wards, reliefs, escheats, and services of tenants, as well free as bondmen, and all other things to the aforesaid castles, towns, manors, honor, stannaries, coinage, lands, and tenements in anywise howsoever and wheresoever belonging or appertaining, together with certain other manors, lands, and tenements in divers other counties of our kingdom, of us and our heirs for ever, as in our said other charter is more fully contained. We being willing to show more ample favor in this behalf to the aforesaid Duke for more fully supporting such honor, have granted for us and our heirs that the aforesaid Duke, and the first-begotten sons of him and his heirs, Kings of England, hereditarily to succeed as Dukes of the said place, in our kingdom of England, have for ever returns of all the writs of us and our heirs, and of the summonses of the Exchequer of us and our heirs, and attachments as well of pleas of the Crown as of others whatsoever in all their said lands and tenements and fees in the aforesaid county of Cornwall, so that no sheriff or other bailiff or minister of us or our heirs enter the same lands or tenements or fees to make executions of the same writs and summonses, or attachments of pleas of the Crown, or other things aforesaid, or to do any other office there, unless in default of the same Duke and other the Dukes aforesaid of the same place, and their bailiffs and ministers, in their lands, tenements, and fees aforesaid. And also that they have chattels of their men and tenants in all the county aforesaid being felons and fugitives, so that if any one of their same men or tenants for his crimes ought to lose life or limb, or shall flee and refuse to abide judgement, or shall commit any other crime whatsoever for which lie ought to lose his chattels, wheresoever justice ought to be done upon him, either in the courts of us, or our heirs, or in any other courts, the same chattels shall belong to the same Duke and other the Dukes aforesaid. And that it shall be lawful to them or their ministers, without the impediment of us and our heirs, our sheriffs and other our bailiffs or ministers whomsoever, to put themselves in seizin of the chattels aforesaid, and retain the same to the use of the same Duke and other the Dukes aforesaid ; and also that they may have for ever all fines for trespasses and other crimes whatsoever, and also fines for licence of concord and all amerciaments, ransoms, and issues forfeited, and forfeitures, year day and waste and strip, and all things which to us and our heirs might appertain concerning such year day and waste and murders of all the men and tenants of their lands, tenements, and fees aforesaid, in the said county of Cornwall, in whatsoever courts of us and our heirs the same men and tenants shall happen to make fines or be amerced, forfeit issues, year day, waste or be adjudged concerning forfeitures and murders, as well before us and our heirs, and in the Chancery of us and our heirs, and before the Treasurer and Barons of the Exchequer of us and our heirs, and before the justices of the Bench of us and our heirs, and before the steward and marshal and clerk of the market of the household of us and our heirs for the time being, and other the courts of us and our heirs, as before the justices itinerant [assigned to hold] common pleas and pleas of the forest, and any other justices and ministers whomsoever of us and our heirs, as well in the presence of us and our heirs as in the absence of us and our heirs ; which fines, amerciaments, ransoms, issues, year day, waste, or strip, forfeitures, and murders, to us or our heirs would appertain if they had not been granted to the aforesaid Duke and other the Dukes aforesaid ; so that the same Duke and other the Dukes aforesaid, by themselves or by their bailiffs and ministers, may levy, receive, and have such fines, amerciaments, ransoms, issues, and forfeitures of their men and tenants aforesaid, and all things which to us and our heirs would appertain of year day and waste or strip and murders aforesaid, without the hindrance or impediment of us and our heirs, our Justices, escheators, sheriffs, coroners, and other our bailiffs or ministers whomsoever. Wherefore we will and firmly order, for us and our heirs, that the aforesaid Duke and other the Dukes aforesaid of the same place for the time being have for ever the liberties aforesaid as is aforesaid, and them and every of them henceforth fully enjoy and use. These being witnesses, the Venerable Fathers John Archbishop of Canterbury, Primate of all England, our Chancellor; Henry Bishop of Lincoln, our Treasurer ; Roger Bishop of Coventry and Lichfield ; Thomas Earl of Norfolk and Marshal of England ; our most dear uncle Richard Earl of Arundel, and Thomas Earl of Warwick ; Thomas Wake of Lydel, John de Mowbray, John Darcey, the nephew steward of our household ; and others. Given by our hand at Westminster, the Eighteenth Day of March.

By the King himself and the whole Council in full Parliament.

(Source – A Report The Trial at Bar Rowe v Brenton – George Concanen)

 

Charter

11 Edward III

(3rd January 1338)

For Edward, Duke of Cornwall The King to the Archbishops, &e greeting. Know ye that whereas lately being willing to honor the Person of our beloved and faithful Edward Earl of Chester, our first-begotten son, we did give to our same son the name and honor of Duke of Cornwall, and did prefer and gird him with the sword as Duke of Cornwall as was fitting, and to our aforesaid son, that he might keep up the estate and honor of Duke according to the nobility of his rank, and more easily support the honors incumbent on so great a title, did give and grant for us and our heirs the shrievalty of Cornwall with its appurtenances, and also the castle, borough, manor, and honor of Launceston, and divers other castles, boroughs, towns, manors, and honors in the same county and elsewhere ; To have and To hold to the same Duke and the first-begotten sons of him and his heirs Kings of England, and hereditarily to succeed as Dukes of the said place in our kingdom of England, together with knight's fees and advowsons of churches, and all other things to the castles, boroughs, towns, manors, and honors aforesaid in anywise howsoever belonging, of us and our heirs for ever, as in our charter thereof made to the aforesaid Duke is more fully contained. We willing more abundantly to provide for our same son, have given and granted for us and our heirs, and by this our charter have confirmed to the said Duke, all our fees, with the appurtenances which we have in the aforesaid county of Cornwall, or which appertain or might appertain or belong to us there ; To have and To hold of us and our heirs for ever to the said Duke and the first-begotten sons of him and his heirs Kings of England, and hereditarily as is aforesaid to succeed as Dukes of the said place in our kingdom of England, together with wards, marriages, reliefs, escheats, forfeitures, and other profits, issues, and emoluments whatsoever, which to us, by reason of the same fees, belong or might belong, or which we or our heirs might receive and have, if we had retained the same fees in our hands, as well of all and singular those now holding the said fees by us given and granted within the same county of Cornwall, and of those who shall happen hereafter to hold the same, as of those holding of the same fees wheresoever they shall happen there, our prerogative in this behalf, or although those holding the same fees and those holding of the same fees shall hold elsewhere of us or our heirs as of our Crown or otherwise in capite, or in any other manner whatsoever, out of or within the county aforesaid, notwithstanding. And which fees, with the appurtenances and all other things aforesaid, as are above specified to the aforesaid Duchy for us and our heirs, in the same manner as the aforesaid castles, boroughs, towns, manors, and honors are annexed to the said Duchy, we do annex and unite to the same, to remain in all future times, so that they be in nowise separated at any time from the same Duchy, nor by us or our heirs be given or in anywise howsoever granted to any other or others than the said Dukes of the same place. Moreover, for us and our heirs, we have granted of our more abundant grace to the aforesaid Duke, that he and the first-begotten sons of him and his heirs Kings of England, hereditarily to succeed for ever as Dukes of the aforesaid place in the kingdom of England ; have returns of all the writs of us and our heirs, and the summonses of the Exchequer of us and our heirs, and attachments as well of pleas of the Crown as of others whatsoever, as well in the same fees as in other fees which are holden of them in the county of Cornwall aforesaid, so that no sheriff or other bailiff or minister of us or our heirs enter the same fees, to make executions of the same writs and summonses or attachments of pleas of the Crown or others as aforesaid, or to do any other office there, unless in default of the same Duke and other the Dukes aforesaid of the same place, and the bailiffs and ministers in the fees aforesaid ; and also that they have the chattels of those holding the same fees, and also of those holding of the same being felons and fugitives in the county aforesaid, so that if any one of the same tenants, for his crime, ought to lose life or limb, or shall flee and refuse to abide judgement, or shall commit any other crime whatsoever, for which he ought to lose his chattels, wheresoever justice ought to be done upon him, whether in the court of us or our heirs, or in any other court, his chattels shall belong to the same Duke and other the Dukes aforesaid ; and that it shall be lawful to them and their ministers, without the impediment of us or our heirs, our sheriffs, or other our bailiffs or ministers whomsoever, to put themselves in seizin of the chattels aforesaid, and the same to retain to the use of the same Duke and other the Dukes aforesaid. And also that they have for ever all fines for trespasses and other crimes whatsoever, and also fines for licence of concord, and all amerciaments, ransoms, and issues forfeited, year day and waste and strip, and all things which to us and our heirs might appertain of such year day and waste and strip, and likewise of murders, from all holding the same fees and also of those holding of them as aforesaid in the county aforesaid, in whatever courts of us and our heirs the same tenants shall happen to make fines or be amerced, forfeit issues, year day, waste, or strip, or be adjudged concerning forfeitures and murders, as well before us and our heirs, and in the chancery of us and our heirs, and before the Treasurer and Barons of the Exchequer of us and our heirs, and before the justices of the Bench of us and our heirs, and before the steward and marshal and clerk of the market of the household of us and our heirs for the time being, and other the courts of us and our heirs, as before the justices itinerant [assigned to hold] common pleas and pleas of the forest, and other the justices and ministers whomsoever of us and our heirs, as well in the presence of us and our heirs as in the absence of us and our heirs ; which fines, amerciaments, ransoms, issues, year day, waste, or strip, forfeitures, and murders would appertain to us or our heirs if they had not been granted to the aforesaid Duke and other the Dukes aforesaid, so that the same Duke and other the said Dukes, by themselves or by their bailiffs and ministers, levy, receive, and have such fines, amerciaments, ransoms, issues, and forfeitures of the aforesaid tenants, and all things which to us and our heirs might appertain of year day and waste or strip and the murders aforesaid, without the hindrance or impediment of us and our heirs, our justices, escheators, sheriffs, coroners, and other our bailiffs or ministers whomsoever. Also we have granted for us and our heirs to the aforesaid Duke, and by this our charter confirmed, that he and the first-begotten sons of [him and] his heirs Kings of England, and to succeed as Dukes of the aforesaid place in the kingdom of England, as is aforesaid, have and hold all the fees in anywise howsoever appertaining in the aforesaid county of Cornwall to the aforesaid castles, boroughs, towns, manors, and honors, and other the lands and tenements whatsoever which we have given to the aforesaid Duke by our other charter, and to the same Duchy have caused to be annexed and united, together with the wards, marriages reliefs, escheats, forfeitures, and other the profits, issues, and emoluments whatsoever which to us by reason of the same fees in the same county belonging or might belong, or which we or our heirs would and ought to receive and have if the same fees had been retained in the hands of us and our heirs, as well of all and singular those now holding the same fees and of those who henceforth shall happen to hold the same, as of those holding of the same fees within the same county, whensoever they shall happen ; our prerogative aforesaid, or although those holding the same fees or those holding of the same fees shall hold elsewhere of us and our heirs as of our Crown or otherwise in capite, or in any other manner whatsoever out of or within the county aforesaid, in like manner, notwithstanding. Moreover, we have granted to the same Duke for us and our heirs that he receive and have the scutage and profit of scutage, as well of the fees aforesaid as of all other fees appertaining to the aforesaid castles, manors, honors, lands, and tenements, which we have lately given and granted to the said Duke, as well out of the said county of Cornwall as within the same county, as annexed and united to his Duchy aforesaid; and also [the scutage] of the knight's fees to the Earldom of Chester within our kingdom of England belonging that is to say, forty shillings by the shield, either more or less, as we or our heirs may happen to levy and have from the same, as well for the first year of our reign and any other time since we undertook the government of our kingdom, as for the time to come, so long as he shall hold the Duchy aforesaid, notwithstanding that the said fees have been in the hands of us or of others in the said first year or since, so that we ought not to have the scutage thereof, because that the same Duke hath not hitherto had nor hereafter shall have his service in our wars of Scotland or elsewhere, by pretext of which service he ought to take the aforesaid scutage : wherefore we will and firmly order for us and our heirs that the aforesaid Duke and other the Dukes aforesaid of the same place fur the time being for ever have the fees aforesaid, with the appurtenances and all other profits aforesaid, and also the liberties aforesaid, and the same liberties and every of them shall henceforth fully enjoy and use ; and that the said Duke, as well for the time past as henceforth, so long as he shall hold the said Duchy, have and receive the scutage aforesaid, and the profit of the same as is aforesaid. These being witnesses, the Venerable Fathers J. Archbishop of Canterbury, Primate of All England ; R. Bishop of Coventry and Lichfield ; R. Bishop of Chichester, our Chancellor ; Hugh de Courtenay Earl of Devon ; Henry de Beaumont Earl of Boghan ; William de Clynton Earl of Huntingdon ; William de Roe of Hamelak ; Henry de Ferars ; John Darcy, Steward of our Household ; and others. Given by our hand, at the Tower of London, the 3d day of January, &c. By the King himself and by Writ of Privy Seal.

And the Bishop of Exeter is commanded that he attend and answer the same Duke by reason of the fees which he holdeth of the fees aforesaid as to him appertains, according to the tenor of the charter aforesaid. Witness as above.

And Richard de Hewysh is commanded that, &c., the same Duke, by reason of the fees which he holdeth, &c., as above.

And Edward de Monthermer is commanded that, &c.

And Hugh D'Audley Earl of Gloucester is commanded that, &c., the same Duke, &c., as above.

And William de Carburra is commanded that, &c, the same Duke, &c., as above.

And Henry de la Pomeray is commanded that, &c., as above.

And John de Courteneye, Abbot of Tavistock, is commanded that, &c., as above.

By the King himself and the whole Council of Parliament.

 

TINE Forums HOME