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Thirteenth-Century Conveyancing from the Charter Rolls

Published online by Cambridge University Press:  16 January 2009

S. J. Bailey
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Extract

The Charter Rolls of the thirteenth century are not solely concerned with Royal grants. They contain a large number of conveyances made by the King's subjects. These conveyances, or charters, owe their preservation here, as a rule, to the fact that they were submitted to the King for his inspection and confirmation. Many of them are quite complicated examples of conveyancing, replete with descriptions of the land concerned, of the estate granted, and of the services or consideration reserved by the grantor. But perhaps their most striking feature is the list of witnesses with which each charter concludes.

Type
Research Article
Information
The Cambridge Law Journal , Volume 19 , Issue 2 , November 1961 , pp. 200 - 222
Copyright
Copyright © Cambridge Law Journal and Contributors 1961

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References

1 Compare Hardy's, T. D. introduction to Rotuli Chartarum, pp. vii–viiiGoogle Scholar, which implies that the inspeximus confirmation was not applicable to private charters. His volume contains only charters of King John, whereas this article concerns chiefly those of 11 Henry III onwards.

2 Madox, Formulare Anglicanum, p. xxxii, gives the normal order as “first were named Kings or Queens; then… Prelates; then the Temporal Nobility, and others.”

3 8 E.H.R. (1893), 726–728. See also Lyte, Maxwell, The Great SealGoogle Scholar, 234–237, for the difficulties which these lists present.

4 Calendar of Charter Rolls, I (1226–1257), pp. 243, 249–250 (2); ibid., II (1257–1300), pp. 3, 287–288, 289.

5 C.Ch.R.I, 192 (1235).

6 C.Ch.R.II, 188, 191 (2), 218, 248, 254, 261, 267, 351, 356, 357, 366, 421, 430.

7 C.Ch.R.I, 72–73 (4), 76, 186, 189, 192, 220.

8 These do not include the many Royal charters witnessed by stewards and other great men.

9 e.g., C.Ch.R.I, 372, 373, 385, 408; ibid. II, 25, 140, 156, 204, 208, 241, 410, 412, 430.

10 Maitland, 8 E.H.R. 727.

11 C.Ch.R.I, 79, 307, 407–408, 418–419; ibid. II, 77–79 (3), 245, 253, 434.

12 e.g., ibid. II, 415 (Oxford), 468 (Nottingham); Madox, , Formulare Anglicanum, No. 163 (Suthamton)Google Scholar.

13 C.Ch.R.I, 114, 132, 281, 440–441; ibid. II, 126, 127, 208, 256, 412. The Justice of Chester is given as a witness in I, 115, 247, and in II, 310, 311, 317, 338, 418; the Justices of the Jews are named in II, 253. See also Madox, Formulare Anglicanum, No. 635 (circ. 1259) for a writing obligatory witnessed by five Justices in Eyre.

14 C.Ch.R.I, 68–69, 204, 228–229, 260–261, 458; ibid. II, 166 (1271—inspected but not expressly confirmed). Some of the very earliest 12th-century fines were confirmed by Royal Charter at once (J. H. Round, 12 E.H.R. 298–299), so also were earlier analogous transactions (ibid. 300–301). Cf. Hardy, T. D., Rotuli Chartarum, pp. vii–viii;Google Scholar “the King can only recite the judgment of a court… but he cannot confirm… [it]; nor do such matters require any confirmation at his hands.” Evidently this opinion was not held in the first 60 years of the 13th century, but it received support in 1271 (the fine not expressly confirmed, supra).

15 Formulare Anglicanum, pp. xi–xiii.

16 ibid. pp. xi–xii, and No. 675.

17 See, e.g., note 13, supra, and note 25, post.

18 Madox, op. cit., xiii.

19 See also Holdsworth III, 235.

20 Madox, op. cit., xi–xiii, xxxi, 635, 675; supra, notes 13 and 14; post, note 25.

21 Madox, op. cit., xxxi.

22 Supra, notes 4 to 10; and Madox, op. cit., xxxi–xxxii.

23 e.g., C.Ch.R.I, 53, 123.

24 Ante, note 11. This court exercised considerable jurisdiction over London lands: Liber Albus, Bk. III, pt. I, ff. 182b–184a.

25 e.g., C.Ch.R.II, 50 (Treasurer, Chancellor and Baron), 119 (Treasurer, Chancellor, Marshal and Baron).

26 De Legibus, f.38, “ut facilius probari possit.”

27 C.Ch.R.I, 62–63 (Sheriff of Lines); II, 123 (Sheriff of Kent); 311, 317 (of Chester); 468 (of Nottingham).

28 Madox, op. cit., No. 635. See also ibid. No. 675 (1236) for a document not witnessed by Justices, which confirms a release made coram four specified JJ. in Eyre.

29 C.Ch.R.II, 117–118.

30 Pollock and Maitland II, 626 and examples there given.

31 e.g., charters which expressly empower the King or his ministers to enforce them by distraint—see C.Ch.R.I, pp. 192 (made in the presence of King) 187 (sealed with King's seal); II, pp. 165, 401–402.

32 C.Ch.R.I, pp. 44, 94.

33 Excerpta e Rotulis Finium, I, 412; C.Pat.R. (1244), 419.

34 C.Pat.R. (1245), 450.

35 C.Pat.R. (1250), 79.

36 C.Close R. (1253) 404; C.Pat.R. (1253), 220.

37 C.Ch.R.I, 347 (1250).

38 C.Pat.R. (1250), 79; Exc. e Rot. Fin., II, 127.

39 C.Pat.R. (1253), 239.

40 C.Pat.R. (1268), 201.

41 e.g., C.Ch.R.II, 190 (1275), 366 (1290); or the licence may be given separately by Letters Patent, e.g., C.Pat.R. (1277), 199.

42 e.g., C.Ch.R.II, 403 (12 years).

43 e.g., C.Ch.R.II, 102–106, 237; C.Ch.R.I, 3, 17, etc.

44 e.g., Godfrey de Craucumbe—C.Ch.R.I, 39, 44 (1227), 94 (1229), 181 (1233). Hubert de Burgo, ibid., 248 (1239).

45 e.g., C.Ch.R.II, 317, 338, 339, 353, 373, 412, 452, etc.

46 e.g., ibid., 217, 310, 317, 441–443, 447, 452, 458–460, etc.

47 This is supported by the occasional appearance in confirming charters of words such as “provided it be not to the King's damage”—e.g., C.Ch.R.III, pp. 461–462 (2). See also Bracton, ff. 382b, 388b–389.

48 But apparently the confirmation was not registered automatically—unless the person concerned took steps to see that this was done (by paying necessary fees, etc.)—Maxwell-Lyte, The Great Seal, pp. 363–366.

49 e.g., C.Ch.R.II, 403—charter of John de Nevile, enrolled 7 Ed. I, inspected and confirmed 19 Ed. I. He died the year after enrolment—eleven years before the confirmation—C.Fine Rolls I, 130.

50 C.Ch.R.I, 457–458. There is another (ibid., 75, 104–105) of documents tracing a Bishop's title to the town of Axbridge, and another—ibid., 51 (4) concerning Richard de Mida's settlement.

51 (ed. 1895), pp. 509–518.

52 e.g., C.Ch.R.I, 62, 105 (s.c.), 76, 97, 121–124; II, 89–91, 116, 118, 121, 126, 189. See also C.Ch.R.II, 61, for a similar transaction where the gage included the custody and marriage of the gagor's infant son.

53 e.g., C.Ch.R.I, 68–69; II, 190–191.

54 e.g., C.Ch.R.I, 192; II, 165, 190–191, 401.

55 e.g., C.Ch.R.II, 118, 121, 122, 138–139, 187–188.

56 e.g., C.Ch.R.I, 62, 196–197.

57 e.g., C.Ch.R.I, 53, 68–69, 189; II, 90, 91, 475.

58 e.g., C.Ch.R.II, 250–251, 297–298.

59 e.g., C.Ch.R.I, 62–63, 189; II, 138–139.

60 e.g., C.Ch.R.I, 68–69.

61 Ibid., 192.

62 Ibid., 164–165 (1232). Here the King also compelled the Justiciar to swear to do all in his power to preserve the charters should the King attempt to invalidate them.

63 Ibid. 268.

64 Ibid. 243.

65 C.Ch.R.II, 187–188.

66 See Glanvil, X.8 and 18; Bracton, f.34, 100; Pollock & Maitland, II, 191–201.

67 e.g., C.Ch.R.I, 237, 262, 263, 335; II, 50, 207, 218, 225, 254.

68 C.Ch.R.I, 187, 478 (3); II, 49. The appendix to C.Ch.R.VI gives three more at page 304, dated 1288: two acknowledgments of debts owed to “King's merchants,” and one to the King's clerk; each empowers the creditor to levy the money from the debtor's lands and goods in default of payment.

69 e.g., Holdsworth, H.E.L. III, p. 225, states that this method of conveyancing was to be seen “only… in the century following the conquest”—citing two examples from the reign of Henry II in which the king granted lands which had been surrendered to him for that purpose.

70 C.Ch.R.II, 198 (2).

71 C.Fine R. I 66 (2)—exchange by Thomas de Clare and Robert de Muscegros—see also C.Ch.R.II, 198.

72 See note 69 (supra).

73 See, ante, note 51, concerning the fine of 1175, when A conveyed to B by restoring the land to his lord the Abbot of Evesham in order that the Abbot grant it to B.

74 C.Ch.R.I, 369; see also ibid. 469, 470 (1257). In each case the surrender occurred in the King's presence, or in his court.

75 Ibid. 341.

76 Ibid. 39, 171, 296, 330.

77 Excerpta e Rotulis Finium I, 158–159.

78 C.Ch.R.I, 30.

79 e.g., C.Close R. (1297), 35; C.Ch.R.II, 455–456.

80 C.Ch.R.II, 254, 465—presumably this was possible only if the life tenant held direct from the King.

81 Ibid. 340—this included both lands held in chief of the King and lands held of mesne lords.

82 Ibid. 149–150, 198 (bis), 210.

83 e.g., C.Ch.R.I, 341, 469–470, 470; II, 2, 42, 50, 84, 204, 212–213, 214, 246(?); VI, 287.

84 C.Ch.R.II, 254.

85 Ibid. 188; and C.Close R. (1274), 224 (s.c.).

86 e.g., C.Ch.R.II, 192, 246, 263, 344–345, 346, 350–351, 423, 427, 455–456, 464, 468, 469; Excerpta e Rotulis Finium, I, 158–159.

87 e.g., Henry de Lacy's settlement:—C.Ch.R.II, 455–456; C.Fine R.I, 343–344, 348—August 25th to October 28th. Thomas de Clare's exchange:—C.Ch.R.II, 198; C.Fine R.I, 66—March 2nd to May 13th.

88 C.Ch.R.II, 246, 249.

89 Ibid. 345.

90 C.Ch.R.II, 468; C.Close R. (1297), 35 (s.c.).

91 e.g., C.Ch.R.II, 1 (conveyance); 340 (re-grant); 346 (Simon de Monte Acuto's settlement).

92 C.Ch.R.II, 350–351; C.Close R. (1290), 138; C.Pat.R. (1290), 359–361.

93 See C.Ch.R.I, 202.

94 C.Ch.R.II, 375; C.Pat.R. (1290), 361.

95 See Lyte, Maxwell, The Great Seal, pp. 253–258Google Scholar, for later examples of antedated instruments under the Great Seal (1295 onwards). See also post, pp. 220–221, for another case of ante-dating—C.Ch.R.III, 49, 58–59.

96 e.g., C.Ch.R.I, 469, 470; II, 42, 44–45, 50, 149–150, 181, 198 (2), 200, 210.

97 Vol I, 158–159.

98 C.Ch.R.II, 468 (1297); C.Pat.R. (1301), 573 (s.c.); cf. also C.Ch.R.I, 84 (1228), and II, 254 (1281).

99 C.Ch.R.II, 1.

1 Ibid. 372: the advowson of the bishopric of Llandaff.

2 Ibid. 356, 433; III, 181.

3 Ibid. II, 160.

4 C.Ch.R.II, 204; C.Pat.R. (1277), 199 (s.c).

5 C.Ch.R.II, 468; C.Cl.R. (1297) 35; C.Pat.R. (1301) 573 (s.c.?).

6 C.Ch.R.II, pp. 1, 468 (here the phrase appears in C.Cl.R. 1297, 35).

7 e.g., C.Ch.R.II, 351, 455–456.

8 C.Ch.R.II, 464; surrender of seven manors by N. M. followed by re-grant to him and his wife in tail with remainder to him in fee simple. Semble, some at least of these manors were not held of the King in chief, but the settlor had recently been in the King's wardship—C.Pat.R. (1292), 497; (1293), 33; C.Close R. (1295), 437.

9 Pollock and Maitland, II, 101; Holdsworth, H.E.L., III, 235–236; Maitland, Collected Papers, II, 61–80. It is to be noted that Glanvil gave no preclusive effect to a fine: Bracton gave fifteen days, and by Fleta's time it was a year and a day (Ibid. 71).

10 C.Ch.R.II, 351 (1290). If Gilbert's letter was only intended to preclude him from vouching the King to warranty it was seemingly unnecessary: Bracton, f. 382b.

11 Ibid. 346.

12 C.Fine R.I, 452.

13 C.Cl.R. (1289), 56. A memo at the foot of the entry states that the actual charter of surrender is preserved in the chest in which the Chancery Rolls are kept at the New Temple.

14 C.Ch.R.II, 340.

15 C.Pat.R. (1294), 98.

16 e.g., in 1269 a private charter inspected and confirmed by the King contains a covenant for further assurance by the vendor “to make… any assurance, which [the purchasers]… and their friends shall provide, either in the king's court or before the justices in eyre.” C.Ch.R.II, 117–118.

17 Thus it was said in Parliament, in Thomas Weyland's case (1291) that there is no “greater or more solemn assurance, nor one through which a man may have a more secure estate, nor… more solemn testimony to prove [it],” than a fine levied in the King's Court: cited Holdsworth III, 240.

18 C.Ch.R.III, 34.

19 Ibid. 193 (2).

20 Ibid. 36 (2), 38, 222.

21 Ibid. 25–26; 33; 48; 49–50, 58–59; 106; 159.

22 Ibid. 109.

23 Ibid. 25–26 (3).

24 Ibid. 33, “to be held from the king and the other chief lords of the fees.”

25 Ibid. 49–50, 58–59.

26 Ibid. 49. There was also a third charter concerning certain other lands held of mesne lords; but, unlike the other two, it stood without alteration—ibid. p. 50, No. 57.

27 Ibid. 34.

28 Pollock and Maitland II, 104–105; Plucknett, Concise History of the Common Law (5th ed.), 615 n.

29 C.Ch.R.IV, 462 (10), 463 (2), 300 (25).

30 C.Ch.R.IV, 306 (43).

31 Ibid. 309–310 (20).

32 Ibid. pp. 328–329, 355–356, 378–379, 381–382, 435–436.

33 Ibid. pp. 399, 426–427, 428.