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The hide of land, and its Norman variation the carucate, differed in its contents from one hundred to one hundred and twenty acres, and was equal to four yards: it also denoted as much land as could be annually tilled with a single plough, or a yoke of oxen; and the virgate was its eighth part. The word ley, lee, lea, or lay (Saxon leaz), became a general term for the untilled green sward, sometimes called gis-ground; whilst the essart was broken-up woodland. In some of the ancient territorial documents the term slade appears, the intent of which seems to denote the natural dry bed of a torrent, and not a brook or glen as hath sometimes obtained.
§ 2. DE HERTWELLES AND LUTONS.
The lands of the Peverels were seized by King Henry II. in 1155, and granted to his son John Earl of Mortaigne. On the accession of that prince to the throne, the Honour of Peverel became annexed to the Crown: in which it always after continued.
Very soon after the accession of King John, the manor of Hartwell appears in the possession of a feudatory tenant who derived his name from the place. Designations of this kind had been immemorially a frequent custom, insomuch that Camden observes he never could find an hereditary name before the Conquest those in Domesday-Book were brought in by the Normans, who themselves had adopted them not long before that day.
In the 3rd John (1201) Walter de Hertwelle gave the King three marks for the scutage of one knight,* held of the honour of Peverel; and in 7 John (1205) Barnabas, the son of Walter, gave the King forty marks as his relief,
* Rotuli de Oblatis et Finibus, 8vo. 1835, p. 160. Lipscomb quotes Rot. Pip. 2 Joh. to the same effect.
to receive the same knight's fee, which was then in the King's hand, in consequence of the death of Walter de Hertwelle his father.*
Barnabas was succeeded by William de Hertwell, whose name is recorded in the Testa de Nevill; and who left issue another William, who was, in 1254, in the wardship of Ralph fitz Nicholas.‡
At the inquisition made before the justices itinerant in the county of Buckingham, in 39 Hen. III. (1256), concerning the rights and liberties belonging to the King, and other matters connected therewith, the jurors of the hundred of Stanes returned that the town of Hertwelle was of the honour of Peverel, and was held in chief of the King, and the heir was in the custody of Ralph fitz Nicholas by the gift of the King; and the men thereof did suit of court to the honour, and gave yearly for all dues eight shillings: and the bailiffs held pleas of the unjust driving of cattle, and the view of frank pledge, and had the return of the King's writs; and the manor was estimated as six hides and a half, and had enjoyed the same liberties in the time of King Henry, the grandfather of the King that now is. §
In 4 Edw. I. (1276), on an inquisition made respecting ancient rights and liberties of the crown which had been discontinued, and other like matters, it was returned that Alice de Luton and William her son held the manor of Hertwelle, and that the same manor had been wont to pay to frank pledge, but now that payment was commuted for the sum of eight shillings paid at the Exchequer. ||
*Rotuli de Oblatis et Finibus, 8vo. 1835, p. 292.
"Willielmus de Hertwelle tenet unum feodum in capite de domino Rege de honore de Notingham,"-which was the same as the honour of Peverel. Testa de Nevill, p. 245.
Nom. Mil. 38 Hen. III. quoted by Lipscomb, in his History of Buckinghamshire.
§ Rotuli Hundredorum, fol. 1812, p. 31. The same jurors reported that Richard the chaplain of Hertwell had made encroachments on the king's highway to the length of four perches: and the like report was repeated in 4 Edw. I. Ibid. pp. 38, 45.
|| Rot. Hundred. vol. i. p. 44. Another report made at the same time was, that among those who had received gifts or gain for the exercise of their offices, Thomas de Bray, late sheriff, had received from William de la More of Hertwelle, and Agatha of the same place, imprisoned in the prison of Eylesburic, 20s. for exercising his office at the precept of the king.
Among the documents in Dr. Lee's muniment room, there is an undated charter of William, son of William de Hertwell, conveying the manor and appurtenances to Alice de Luton, and William her son; the seal of which is inscribed "S' WILL'I DE HERTWELL:" there are also two original patents of Henry III., dated 18th of November, 1270, and 10th of April, 1271, as well as a final concord levied in Easter-term of that year (55 Henry III.), all relating to the transfer of the estate from the family of Hartwell into that of Luton. Among the ancient archives there is also a very neat little charter of "Robertus Luyton, Dominus de Hertwelle," dated the Sunday of the feast of the decollation of St. John Baptist, 49 Edward III. with the seal of arms perfect, inscribed “Sigill' Rob'ti Lotone." These documents are highly interesting in the history of the place, as clearly shewing one of the most important occurrences, by which the present line of succession is virtually connected.
The first of the charters abovementioned, is to the following effect. William son of William of Hertwell gives to Alicia de Luton, and William her son, two parts of his manor of Hertwelle, with all its appurtenances and services, the advowson of the church of Hertwelle, and the chapel of Little Hamdene : also the tenement with the appurtenances which Constance his mother held of him in dower in the aforesaid vills; and likewise the tenement which William de Chalgrave and Isolda his wife held of him in Little Hampden for the term of their lives. For this grant Alice and William her son paid him one hundred marks of silver, and acquitted him against Jacob son of master Moses the Jew of Oxford, and certain other Jews, of forty marks of silver in which he was then bound to those Jews. This transfer was confirmed by the King's charter, dated at Westminster, 11 April, 53 Hen. III. (1269), and was enrolled on the Charter Rolls,* as follows:—
Rex archiepiscopis etc. salutem. Inspeximus cartam quam Willielmus filius Willielmi de
*Rot. Cart. 53 Hen. III. m. 12.
Hertwelle fecit Alicia de Luton et Willielmo filio ejus de maneriis de Hertwelle et parva Hamdene cum pertinentiis in hac verba: SCIANT presentes et futuri quod ego Willielmus filius Willielmi de Hertwelle dedi, concessi, et hac presenti carta mea confirmavi Alicia de Luton et Willielmo filio ejus duas partes manerij mei de Hertwelle cum pertinentiis, ut dominicis, homagiis, serviciis liberorum hominum, willenagiis, advocatione ecclesiæ de Hertwelle et capella de parva Hamdene, boscis, pratis, pasturis, eschaetis, et omnibus aliis rebus ad illas duas partes pertinentibus sine ullo retenemento; habendas et tenendas eisdem Alicia et Willielmo filio ejus et heredibus vel assignatis ejusdem Willielmi de capitalibus dominis feodi illius per servicia quæ ad illas duas partes pertinent imperpetuum. Preterea concedo pro me et heredibus meis quod totum illud tenementum cum pertinentiis quod Constancia mater mea de me tenet in dotem in predictis villis et similiter totum illud tenementum cum pertinentiis quod Willielmus de Chalgrave et Isolda uxor ejus de me tenent in parva Hamdene ad terminum vitæ ipsorum Willielmi et Isoldæ de hereditate mea, quæ quidem tenementa cum pertinentiis post decessum ipsorum Constanciæ, Willielni de Chalgrave et Isoldæ deberent reverti ad me vel heredes meos, post decessum ipsorum Constancia Willielmi de Chalgrave et Isolda integre remaneant eisdem Aliciæ et Willielmo filio ejus et heredibus vel assignatis ejusdem Willielmi, tenenda simul cum predictis duabus partibus cum pertinentiis sicut predictum est de capitalibus dominis feodi illius per servicia quæ ad illa tenementa pertinent imperpetuum. Pro hac autem donatione et concessione predicti Alicia et Willielmus filius ejus dederunt michi centum marcas argenti et me acquietaverunt versus Jacobum filium magistri Mossei Judei de Oxonia et quosdam alios Judeos de quadringentis marcis argenti in quibus eisdem Judeis tenebar tempore confectionis presencium. Et sciendum est quod ego Willielmus filius Willielmi teneor facere predictis Alicia et Willielmo filio ejus et heredibus vel assignatis ejusdem Willielmi in curia domini regis coram justiciariis suis de Banco vel coram justiciariis itinerantibus in itinere suo totam inde securitatem, quam ipsi et amici eorum providebunt si necesse fuerit. In cujus rei testimonium presens scriptum sigilli mei impressione roboravi. Hiis testibus, Gilberto de Braci, Johanne Neyrnuit, Ricardo de Sancto Claro, Gilberto le Gode, Johanne Aleyn, Willielmo Blacstan, Willielmo de la Mershe, Johanne de Caam, Willielmo de la Morre de Hertwell, Ricardo filio Roberti de Ayllebur', Willielmo filio Simonis de Ayllebur', Johanne de Aldeswell, et aliis. Nos autem predictas donationem et concessionem ratas habentes et gratas eas pro nobis et heredibus nostris concedimus et confirmamus sicut carta predicta quam predicti Alicia et Willielmus filius ejus inde habent rationabiliter testatur. Hiis testibus, Willielmo de Valencia fratre nostro, Johanne de Warennia comite Surriæ, Philippo Basset, Roberto Waleraund, Roberto Aguillon, Willielmo de Wyntereshull, Willielmo de Aette, Willielmo Belet, Willielino de Faukham, Galfrido de Perci, Stephano de Eddeworth, Radulpho de Bakepuz, Rogero de Wauton et aliis. Datum per manum nostram apud Westmonasterium xj. die Aprilis, anno regni nostri liijo.
At the sessions of the justices itinerant held at Newport Paynel, in the octaves of Saint Hillary, in the 14th Edw. I. (1285), Alice de Luton was summoned to answer to the King by what warrant she claimed to have view
of frank pledge and weyf in her manors without special licence; privileges which belonged to the King and his crown. This record, commencing-" Alic' de Luton sum' fuit respondenc đno Regi de plito quo waro clam' ħre visum f“nci pleg' et weyf in manio suo de Hertwell' et Hamden' que ad dîm Regē et Corona suam ptinent sine licenc' et volunt' dni Reg' vt Pdecessoz suož Regī Angl', &c."—is to be found in the volume Placita de quo Warranto, Rot. 4 đ. Alice came by her attorney, and said that the King that now is, had granted to her by charter that she should hold her view. This charter, by which she had been released for life of the yearly payment of eight shillings for the view of frank pledge, and also her tenants from coming to the view of frank pledge at the court of the royal manor of Hadstock, in Essex,* and further from the women-brewers (braciatrices) of her lordship being fined in the King's court for breaking the assize of ale, power being given to her to fine them in her own court, was exhibited to the justices, and ran in the following terms:-
Edwardus dei gratia, etc. Sciatis quod concessimus pro nobis et heredibus nostris dilectæ nobis Alicia de Lutone quod ipsa et homines et tenentes sui de Herthwell et Parva Hamdene tam nativi quam liberi toto tempore ipsius Alicia quieti sint de secta quam debent ad curiam nostram honoris Peverelli de Haddestok, et de veniendo ad visum franci plegii ad eandem curiam, et quod braciatrices quæ sunt de tenura ejusdem Alicia in villis predictis quamdiu eadem Alicia vixerit pro transgressione assisæ cervisiæ fractæ non amercientur in curia nostra predicta, sed quod eadem Alicia braciatrices illas in curia sua propria pro hiis transgressionibus cum necesse fuerit amerciari faciat, et amerciamenta illa libere et quiete percipiat toto tempore predicto. Concessimus etiam eidem Alicia pro nobis et heredibus nostris quod toto tempore predicto quieta sit de octo solidis annuis in quibus nobis tenetur de visu franci plegii et de omnibus arreragiis in quibus nobis similiter tenetur de eisdem octo solidis. Ita quod heredes vel assignati predictæ Alicia ac homines et tenentes sui predicti post decessum ipsius Alicia sectam predictam nobis vel heredibus nostris faciant et ad visum franci plegii veniant ad curiam predictam ; et predicti heredes vel assignati predictos octo solidos annuos solvant sicut antea fieri consuevit. In cujus rei testimonium, etc. Teste me ipso apud Westmonasterium quinto die Decembris anno regni nostri nono.
So, as to the view of frank pledge, the plea was dismissed sine die. And
* A court for the honour of Peverel was held at the royal manor of Hadstock, in Essex.