CHARTER of March 17, 11 Edward III. (also known as 'the Great Charter')
(Creating the Duchy of Cornwall.) [sic]
[(D.)- 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.
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[Charter of 18th March 1337 - Among the Records in the Custody of the Master of the Rolls, pursuant to Statute 1 & 2 Vict., c. 94., and preserved in the Tower of London, to wit, Charter Roll, 11 Edward lll. No. 53., it is thus contained:-
[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.
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[Charter of 3rd January 1338] - Amongst the Records in the Custody of the Master of the Rolls, pursuant to Statute 1 & 2 Vict. c. 94, and preserved in the Tower of London, to wit, Charter Roll 11 Edward III. No. 1., it is thus contained:-
[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.
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