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HISTORICAL REVIEW Downloaded From THE ENGLISH HISTORICAL REVIEW Downloaded from NO. LV.—JULY 1899 http://ehr.oxfordjournals.org/ Bernard, the Kings Scribe most tantalising reign, perhaps, in our history is that of JL Henry I. As prolonged as that of his famous grandson, and probably no less important in our institutional development, its darkness is broken only by scattered rays of light Indeed, for a knowledge of its finance and of its judicial and administrative at Yale University on July 3, 2015 changes, we are in the main dependent on a priceless bat solitary record, the Pipe Boll of 1180. Bat this alone is sufficient evidence of the great advance that had been made in the organisation of government and in the formation of an official class working in the interests of the crown. The curious, if not unique, documents with which I am about to deal relate to one of that official class, and bring us into con- tact with the names of many others. We meet with officers of the chancery, the Scriptorium, and the king's chapel; we see the justices itinerant at work; we watch the burgesses of Winchester and of London baying and selling the land in their streets; and, above all, we meet with a plea before that Norman exchequer the existence of which, under Henry I, has been asserted only to be denied.1 Sought for as yet in vain by scholars in England, in Germany, and in France, its existence and character are here proved, and a marked legal development illustrated by the plea in question. Thus, just as I have argued that' scutage' was not, as supposed, a novel introduction under Henry II, so can a well- known legal principle be carried back to his grandfather's reign. The whole of these documents are found on a couple of folios 1 ' The Norman Exchequer,' Dr. Stubbi writes, ' first appears under Henry II' (Constitutional Hillary of England, § 184). ' There is no genuine mention of it before the reign of Henry II' (ibid. g13G). VOL. XTV.—JJO. LV. E E 418 BERNARD, THE KING'S SCRIBE July in a cartulary,1 and are notes of the title-deeds of Bernard the scribe, a benefactor to Morton Priory, to which the cartulary relates. They begin before the year 1123, and are all previous, it would, seem, to the roll of 1130, in which we recognise a con- siderable number of the parties and witnesses they name. It is a peculiar but fortunate circumstauce that their lists of witnesses are as full as the notes themselves are short. One is startled, at first, to find a' scribe,' a man moreover of English blood, attended, as in this case, by ' esquires,' but Bernard had a certain inheritance of his own, and he was able to increase his estate by acquiring lands and churches, the latter, I think, a favourite investment with the Crown's clerical staff. He is mentioned in six entries on the roll of Downloaded from 1130, of which five are under Cornwall; and we find him excused Danegeld on one hide in Surrey, and on two and a half in Corn- wall. Bernard was probably dead in 1148; for in that year we find the houses of Gisulf the scribe at Winchester held by the prior of Merton. We know from the documents below that Bernard had http://ehr.oxfordjournals.org/ acquired them previously. It will probably be best to group the documents according to the matters with which they deal. In Cornwall, in London, and at Winchester, we shall find, the above Gisulf had held property after- wards held by Bernard, who was like himself a king's scribe. We will l)egin, as in the cartulary, with the Cornish deeds. (No. 8.3) Isti aunt homines qui fucnint [presentes] ubi Henricus rex oon- at Yale University on July 3, 2015 cesait Bernardo scriptori et keredibus suis et cartis suifl confirmavit omnes terras quas habuit Bernardos in Cornubia de eo et dominis sou, scilicet totam terram que fait Gisalfi et omnes res suas, et terram que fait Theodulfl avi Bernardi et Brictrici avunculi sui et Ailaii patris sui, et totam terrain que fait Dodonis et terram que fait Rann[ulfi] Canoellarii in castello, et eoolesiam de Lanwkittonia,4 et terram de Trecharl" et de Menwinnoo* et de Cheulent de feudo epiacopi, et terram de Charnbrixi de feoado Bioardi de Loci, et terram de Trethu de feudo Willelmi filii Ricardi, et terram de Treghestoo de feudo Bogeri de Gorcell[is], et terram de Botwei de Wigan' de feudo Ricardi de Lucy, et ecclesiam de Idscharet de feudo Beg[is], et virgultum castelli de feudo Rualdi filii Wigani, et terram de Treating de feudo Andree de Vitreio, scilicet, Rogerus episcopus SaresberiensiB et Banolfos cancellarius et Gaufridua capellanos suus et Bobertus de Sigillo et NigelluB de Albinfeio] et Gaufridua de Glintton' et Edwardua Sar[esberiensi«] et Willelmus de Sancto Claro et Grimbaldos medious. The name of Banulf the chancellor dates this important charter as previous to 1128. We cannot doubt that Geoffrey, his chaplain, whose name immediately follows his own and precedes that of the keeper of the seal, was Geoffrey who succeeded him as '. Cotton MS. Cleop. C. vii. fos. Wi, 100. * These numbers giro the order of the deedi in the MS. * Lawhitton la Leunt (near Lauooeston). * Trechaml in Leunt. • Mcnwenick in Trewen. i80B BERNARD, THE KING'S SCRIBE 419 chancellor and waa afterwards bishop of Durham. The remaining witnesses are well-known men, and are all mentioned on the roll of 1180. The chief interest, perhaps, of the charter is found in Bernard's pedigree. It would seem that on the father's and the mother's side he was of English birth, though it would be hardly safe to identify his father in Domesday. It should be observed that one of his brothers bore the Norman name of Nicholas and another the Breton name of Jordan. Dodo is found in Domesday holding a single Cornish manor of the count of Mortain.7 Oisulf was one of the king's scribes of whom we shall hear again. A later acquisi- tion, probably, of land by Bernard from the bishop of Exeter is Downloaded from spoken o! in this entry on the roll of 1180 : BemarduB scriba reddit compotum de 1 palefrido pro ooncessione terra de episcopo Exoniensi. Begi se adqnietavit de 1 palefrido per breve Eegia (p. 160). http://ehr.oxfordjournals.org/ William FitzBichard was a Cornish magnate, father-in-law of Reginald earl of Cornwall,8 who figures on the same roll, and Roger ' de CurceUis ' is found as a tenant-in-chief in Domesday. The surprise of the charter is Bichard de Luci. As the great justiciar was still in office at least fifty-six years after the date of this document, another Bichard, hitherto unknown, must be here spoken of. But, in my study on' The Honour of Ongar,'91 brought to light the curious fact that, as part of that honour, the great at Yale University on July 3, 2015 juBticiar himself held a Cornish fief,10 the origin of which has not been accounted for. It is entered under John, as consisting of nine knights' fees," and may probably be recognised in the entry of 1166, under Cornwall:— Bicardus de Lucy tenet de antiquo feodo x milites et do feodo Adae Malherbe ix milites.11 The former of these must have been that to which the above document refers, for Adam 'deMalerba ' waa still living injllSO.13 Richard's fief of nine knights was not in any case identical with that of any Domesday under-tenant. The charter which follows deals with churches, not with a lay fief; nor does it mention Cornwall. It will, however, be convenient to take it in this place. It will be observed that Geoffrey has now become chancellor, and that the date of this document is conse- quently somewhat later than that of the preceding. (No. 1.) Isti sunt homines qui fuerunt [presentes] ubi Rualdus filiua 'Wiganp] dedii et concessit Bernard' scriptori in elemosina omnes ecclesiaa 1 Donuoday, Uib. • Gesta Stephani (Bolls Series), pp. 08-4. ° £taex Archaological Trantactiont, vii. [n.8.] 149, 160. 10 See also my paper on ' The Heirs of Bichard de Luoy • {Genealogist, J»n. 1899). • H Ro&Bcolf of tbs Exchequer, p. 612. '« Ibid. p. 861. u Rot. Pip. 81 Hen. J, p. 160. ml 420 BERNAHD, THE KING'S SCRIBE July terre sue qae fait Brictici Walensis cum terris et decimis et omnibus rebus ecolesiis pertinentdbus: Gfaufridus] cancellarius et Bobertus de Sigillo et W[01elmoa] Cumin et Willelmus arobidiaoonus Eboracfensis] et Niobol[aus] frater Bernardi scriptoria et Amfrid[us] filius ipuus Bualdi et Bogerus et Bannulfas soutigeri Bernardi. Ruald, son of Wigan, a Breton from his name, appears on the roll of 1180 as a landowner in four counties, Cornwall, Devon, Cambridge, and Suffolk, in all of which the Bretons were strong. But his chief holding was in Cornwall, where the land of Brictic ' Walensifl,' which had passed to him, may have been the five small 14 manors held of the count of Mortain by ' Brictric' in 1086. Downloaded from William Cumin's position should be noticed; also the mention of Bernard's esquires. We next come to a charter relating to Launceston Castle: (No. 2.) Isti sunt homines qui fuerunt [presentes] ubi Bex Henricos dedit Bernardo soriptori vacuam terrain in Castello Lanstauaton' quo est http://ehr.oxfordjournals.org/ inter puteum et capellam ad se bospitandum, scilioet Willelmos de Tanc- karnilla et Willelmus de Albin[eio] pincerna et WUlelmus de Albin[eio] Britto et Paganas filius Johannis et Drogo de Mance.
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