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. The list of witnesses to this charter illustrates well the necessity for the suffixes ' pincerna' and ' Brito,' applied for distinction's sake. Drogo ' de Monceio' is found on the roll of 1130 as a land- holder in Sussex, and occurs in my calendar of foreign charters as a witness to charters of Henry I, late in the reign. William de at Yale University on July 3, 2015 Tancarville, however, was dead in 1130; so the charter is of rather earlier date. Then follows another Cornish charter, relating to one of the places mentioned in the first one, and chiefly remarkable for the personal names found in it. (No. 4.) Hi aunt homines qui fuerunt [presentes] ubi Brichnotus olama- vit quietam calurnpniam quam babuit de se et heredibus suis versus Bernardum et heredes euoa de una acra terre et domibus suis de Canbrixi '* pro ix solidis quos Bernardus ei inde dedit, scilicet, Eluricufl presbiter de Lansant et Alai filiusIuthechel ' et frater eius Elricus et Ysaac presbiter et Ansgodus de Castello et Brichnot' filiua Pant' et Bicardus filius suns et Iohel' de Ldstona et WuncOd' Lotheger et Brictrio' de Lanwenue et Bricwold Traval et Andreas filius eius et Babuc' et frater eius Oliverus et Lipsiug et Bogerus frater eiua et Osb[ert] et David et Badulfas armigeri Bernardi. Et ex parte Bricnod' s[cilicet] Ailward de HanBau' et Osmerus pahnarius et Doddo frater Brichnod. The next two charters show us the itinerant justices of Henry I actually at work. In the first they are seen sitting in the court of the bishop of Exeter; in the second we similarly see them in the " Demttday, 124 b. 11 I have not identified this place, tbe ' Chambrixi' of the optntng charter, bat it TOAJ, I think, be the manor of Lucies in L&ndevrednMk and Grade. 1809 BERNARD, THE KING'S SCRIBE 421 county court of Devon. Eobert Arundel and his fellows (et soeii sui) are entered on the roll of 1130 as holding forest and other pleas in Devon and elsewhere; but these charters, probably, are of somewhat earlier date. For Stephen, son of Erchembald, had succeeded his father in 1180,16 and Richard, son of Baldwin, had ceased to be sheriff of Devon at Michaelmas 1129. It should be observed that, contrary to what would probably be expected, these three justices were ell members of local territorial houses. Robert Arundel wan obviously a relative of that Roger Arundel who appears in Domesday as a Dorset and Somerset tenant-in-chief. He was himself excused

Danegeld, in 1180, on 29 hides in Dorset. Durand de Moion was Downloaded from undoubtedly related to a great Domesday tenant in Dorset, Somerset, Wilts and Devon, namely, William de Moion.17 He is mentioned as an official in a writ of Henry I to the bishop of Bath in 1120 or 1121." As for the third, Herbert de Alneto, he was BO groat

a landowner in Cornwall that we find his son, in 1180, paying http://ehr.oxfordjournals.org/ 100Z. for his' relief:'l9 this entry also proves that Herbert was dead at the time, and that, therefore, both these documents are anterior to that date. The ' Trecharl' of the first document is that of the opening charter. (No. 15.) Iati sunt qui fuerunt [presentee] in curia WUlelmi episcopi Exoniensifl ubi Bernardns scriba diarationavit terrain de Trecharl versus filium Elwii Golde cui episcopus terrain illam dederat et per judicpum] curie episcopi reddidit ipse episcopo terram. Et episcopus dedit earn Ber- at Yale University on July 3, 2015 nardo sicut bepeditatem soam pro iiijor marc[ia] argenti de Belevemine, videlicet: Bobertus Arundel et Durandus de Moion et Herbertas de Alneto Justicifarii] domini Eegifl et Clarembaldas medicos et Ernaldus arohi- diaconus et Edmundua de Onhio et Vivianos theeaurarius et Odo megister et Nigellos de Plinthon' et Willelmus de Warewast et Malgerins dapifer, et Badulfus filius Fulchard et Orgar de Sancto Stephano. The high position of Clarembald ' medicus/ next to the king's justices, and before the local archdeacon, is doubtless due to the fact that he was a chaplain as well.10 He seems to have been given lands in Devon.*1 If Vivian was treasurer of Exeter, he is an earlier holder of that office than is found in Le Neve's Fa$ti. ' William de Warewast' suggests, of course, the bishop of Exeter of that name under Henry I, but, as it was in the latter's court that he thus appears as a mere witness, he must have been a namesake. '• Pipe Roll, p. 166. " Compare BriUon and MmtacuU Cartularie* (Somerset Beoord Society), p. 287. " ' Et nisi feceris, Wuinus yiceeomes et Dorandns de Moinn faciant fieri,' Bigelow'i Pladta, p. 117 (citing Madox's Exchequer). " ' Bicardos filius Herbert! de Alneto reddit oompotum de cl marcis argenti pro term patris sui et vadim[oniiB] que peter gnus habuit * (Pipe Roll, 81 Hen. I, p. 168). ° As ' Clarembaldos medians et capellanns' he is witness to a St. Paul's charter in Nisttk Report HiiL MSS., app. i. p. 66 a. It is assigned in that Report to about' 1137, hit belongs to 1108-1130. n Pips Roll, 81 Hen. I, p. 157. ^22 BERNARD, THE KING'S SCRIBE July (No. 16.) Isti aunt testes qui fuerant [presentes] ubi Archembaldaa Flahdrensk reddidit Bernardo per Jndimum comitatas Devonie terrain qne fait avi sni ad castellom Laat&aoton meat hereditatem sum qaam Bos clerious tenuerat. Et ipai Bovoni dedit Arohembaldus xl denarios et Bernardoa soriba dedit ei xl denarios at Bos et firatres aoi olamarent Bernardo et heredibua suis qoietam terrain illam de Calumpnia sua de Bege tenendam, videlicet: Robertas Arundel et Durandua de Moion et Herbertus de Alneto et Rieardaa filius Baldewini et Willelmos de Warel- wast et Algoms de Gabaham et Rannnlfos filiua Exaadi et Steph&nua filias Archembaldi. Of Launceston Castle we have beard already. As for the last

witness, Stephen, son of Archembald, we find him, under Devon, on Downloaded from the roll of 1180. It was doubtless his son who, in 1166, held * viii militum feoda tarn in Devonia quam in Cornubia' of the earl of Cornwall." His father, who seems to have been dead in 1180, was related perhaps to the ' Erchenbaldus' who held some Cornish 33 manors, in 1086, from the count of Mortain. It should be observed http://ehr.oxfordjournals.org/ that a case relating to Launceston, Cornwall, is here decided in the county court of Devon.. From Cornwall we may now turn to Winchester, and there we find ourselves at once amongst the king's officials. (No. 6.) Isti sont homines qui fuerunt [presentes] ubi Willelmos de Ponte Archar[om] reddidit et concessit Bernardo scriptori domiun que fait Gisulfi, scilicet in Winton[ia] super aqoam, que prios faerat Ansebni clerici, scilicet: G[aofridas] oancellarias et Nigellas nepos episcopi Sares- at Yale University on July 3, 2015 beriensis et Robertas de Sigillo et Qaafridaa de Clintona et Osbertos de Ponte Archar[um]. Gisulf ' Bcriptor Regis ' is duly found in the Winton Survey.*4 n Bed Book of the Exchequer, p. 362, where the name is ' Erkenbaldus filius Bimonis' (tic). This is a point of gome importance tor the purpose of textual criticism. It is dearly the same man who appears as ' Arehebaldos fllins Stephani' (p. 3(6), • Herohembaldus Flemeng' (p. 364), and ' Erkenbaldus Flandrensls' (p. 359), though the Index makes three men of him. Moreover, his fief was held, under Richard I, by ' Stephen Flandrensis' (Carew, Surety of Cornwall [1811], p. 186), who was succeeded in torn, under John, by ' Arohemand [sic] Flandrensis1 (Red Book, p. 689). Now, where the Rtd Book reads ' SimonU' (in 1166),. the Black Book has only ' 8.' It would seem, therefore, that the Red Book scribe indulged tiimnfllf in illicit extension. This case, I think, does not stand alone, bat it is a specially striking one. This point is so important that I am tempted to cite from the Red Book (p. 888) the entry: ' David de Armere x milites.' This leading under-tenant of earl Simon was really David de Armentiires, and a tenant on the ' Oant' fief which had come to the earl with his wife. His family, therefore, must have come to England, with the Ghent house, from Armentieres in West Flanders. Now the Black Book read* only ' Arm',' and Hearne, as its editor, shrewdly suggested that this should be extended as ' Armenian vel Armentiers sive Armenteres.1 But the Red Book scribe must have illicitly extended ' Arm ' to ' Anner,' and his editor, failing to note the Black Book reading, has given the name as' Armere,' which deprives it of all meaning. ° Domesday, p. 124. " In the first survey (temp. Hen. I) he appears as ' Gisulfus,' holding two houses in ' Buoohestret.' In the second (1146) he is the former holder of two-waste lands in ' Bucchestret' as ' Gisulfus scriptor' (p. 664). On referring to the original MS. I found that what the Record Commission printed as ' Suookestret.' is really ' Booehestret' 1899 BERNARD, THE KING'S SCRIBE 423 We have already met with him holding land in Cornwall. William de Pont de l'Arche was sheriff of Hampshire in 1129 and 1180, and had charge of Winchester at least as early as 1127." He was still in charge of the treasury at Winchester when Stephen ascended the throne. We also find him in 1130 owing money to the crown, ' pro ministerio camera curie ad opus Osberti fratris BUL' K This Osbert and the famous Nigel, both witnesses to our charter, are mentioned on the same roll in connexion with the Norman treasury." Geoffrey de Clinton was a well-known minister of Henry, one of the typical officers named by Ordericus Vitalis, and is found in 1130, accounting for over 2001. 'pro ministerio thesauri Winton[iensis].IJS Thus we have all the men in this Downloaded from document engaged in the service of the crown and connected with the seat of the national government, Winchester. We have next two lists of witnesses to transactions of which the description is now effaced in the manuscript, but which both http://ehr.oxfordjournals.org/ seem to belong to Winchester. The first is this:— Episcopus Rogeriua Saresberiensis et WiUelmus de Albinfeio] pinoema Regis et Gaufridus capellanns Canc[ellarii] et Ricardas de Bras et Willel- taus Elcmosinarius et Robertas de Sigillo et Radulfus de Bosevil et Riker' capellanus Canc[ellarii] et Robertus filius suus et Rogerus de Mealtniz et Botsardns et Rioardus camerarius et Willelmus Cumin et Atso de Winton[ia] et Buistard' et Curteisius servientes capelle Regis.

Here, again, the list is rich in royal officers. Besides bishop at Yale University on July 3, 2015 Roger, the head of the whole administration, we have Robert, keeper of the king's seal, and the future chancellors of England and Scotland in Geoffrey the chaplain and William Cumin. Another chaplain of the chancellor is present with his son, and a chamberlain, who figures on the roll of 1130 (p. 152). But specially interesting are the two ' Serjeants of the king's chapel.' For we not only find in the ConttituHo the ' servientes capelle Regis,' following close on the chancellor and the keeper of the king's seal.; we can even identify these very men on the roll of 1130. •* Curteis de capella' had his Danegeld remitted in this and the preceding year on five hides in Warwickshire, and ' Buistardus' in 1180 on one hide in Bucks. Even the Serjeants of the chapel, therefore, were holders of land. The second list of witnesses is this:— Godwinus et Godefridus prepositi Winton[ie] et Willem UB filmsOab[erti ] clericua eonuu et Ernaldus et Andreas frater eius et Odo presbiter de Capella et Robertas prcabiter eiusdem vici et Johannes scriptor et Ricardus Borewen et Alpstanua etretbidel et Nigellus collector Winton[iensu] et Walderus de domo CanceUfarii] et Geroldus homo Cancellfarii] et Ricardus filius Ricardi Borewen et Edric fabcr. • M Pipe Hull, Ul Hen. I. pp. W, 40. » Ibid. p. 87. . -' Ibid. p. 08. . " Ibid. p. 105. 424 BERNARD, THE KING'S SCRIBE Jury

The mention of the two reeves (or provosts) of Winchester and their clerk, at this early date, and that of a 'street bidel,' are both of interest. The official element is represented by a 'collector/ two of the chancellor's dependents, and a priest, possibly of the king's chapel. (No. 8.) Isti aunt homines qui f uerunt [presentes] ubi Thezo et Bohaaii uxor sua filiaAilric i de Cleindona vendideront Bernardo scribe terrain sttam fit domos auas que Bunt in Bokerestreta solutam et qaietam de hereditate tenore [sic] Thezonis et Bohasie uxoris sue et parentum suorum in capite tenendam de Rege pro ii marc[is] Argenti quas habuerunt, scilicet Henricus Bex Angl[orum], in cuius presentia et cuiua oonoessu hec faoU

fuerunt, Gaufridus filiua Pagani, Robertas de Curci, Bobertns de Oilli, Downloaded from Johannes Marescallua. Et isti sunt homines qui fuerunt [presentes] ubi Thezo et Bohasia uxor sua receperunt ii marcas Argenti pro eadem terra et super eandem terrain: Scilicet Godwin Alderman, OsbertuB fellere, Willelmua de Thoca, Bobertus filius suns, Bemardus de Brabsa, Willelmus Malet, John Clericua, Beinerus tinctor, Cola faber, Bogerus Croc, Ulfus taleator, Audoenus, Aldred[us] tannator, Boniiacius filius Aamondi, http://ehr.oxfordjournals.org/ Beimundus frater BUUB, Adheliz uxor Cacast', Seburga de eodem vioo, Eva uxor Badulfi Blundi, Bohasia uxor Cole, Aloina uxor Aldredfi], Seilda uxor Ulfi, Juthekel de Wintonia, Tsembard' de Westmfonasterio], Jordanus frater Bernardi scribe, Bogerius nepos Gisulfi, Bannulfoa WalensiB.

This is a Winchester charter, though the fact is not mentioned. ' Bernardus de Braiosa' occurs twice in the Winton Survey of 1148," 30 and ' William de Thoco ' in the earlier survey. The street, there- at Yale University on July 3, 2015 fore, is the ' Bucchestret' of the surveys. ' Seburga * waa a resi- dent of consequence therein,11 and appears accordingly in this document as ' de eodem vico.'*1 The occurrence of a Winchester alderman at the head of the witnesses should be noticed, as should also the payment of the price ' super eandem terrain.' King Henry himself was present at this small transaction; or rather, from the nameB of the officers with him, we may say that it took place in his curia. Although the next document also relates to Winchester, I believe the transaction must have taken place in Normandy. (No. 7.) Isti sunt homines qui fuerunt, [presentes] ubi Conies Btephanua Moritonii clamavit Bernardum quietum in vita sua de xii denarii* quos debebat ei dare quoquo anno pro terra sua Winton' in Fleamangarestrete, scilicet: Robertas de Haia, Bicardus filiua suus, Willelmus de Glastonia, Eudo Baro carium M [sic], Anselm' viceoomes de Bothomago, Bobertus de Sacavill[a] dapifer com[itis]. Of Robert and Richard de Haia, as officers of the Norman Exchequer, I shall speak below. A writ of Henry I, relating to Normandy, is » Pp. 667, 658. » Ibid. p. 549. •' Ibid. p. 640. u The ' Cacast' of oar document WAS doubtless* tho ' Patridu caehe*tr» ' of tha 1148 Snrrey (p. 556). ••» Rectiut B»ioe»nim. 1899 BERNARD, THE KING'S SCRIBE 425 attested by Bichard de Haia at Caen, and is addressed to the justices of Normandy, and to WQIiam de Olastonia, Eudes de Bayeax, and another.*4 These three names are found together, above. The most interesting document of the whole series is that which now follows. There is nothing at first sight in it to show that the Exchequer and 'barons ' of which it speaks are those of Normandy. But the name of the bishop of Lisieux and of Bobert de Haia gave me the clue. It is inconceivable that the former should have acted as head of the English Exchequer. He was con- tinuously present in Normandy, and I have only met with one occasion on which he visited England. Moreover, the plea, we shall Downloaded from find, concerns property in what is now the Department of Calvados. Serlo ' the deaf,' one can hardly doubt, was identical with that Serlo de Matom whose lands were ' restored' to Geoffrey de Mande- ville by the empress Maud's charter of 1141.** He would also be identical with that Serlo de Matuen who gave the tithes of Fin- http://ehr.oxfordjournals.org/ borough, Suffolk, to St. John's Abbey, Colchester.16 In that case, this last form helps to identify the place. The • Maton' of the plea was either Mathan in Longvillers (near Aunay), or it was Mathieu, half-way between Douvres and Caen. I incline to the latter, because, though ' Maton ' approaches rather nearer to the early forms of Mathan, 'Matuen' approximates to those of Mathieu, which is said to have been the Matoen of Wace. at Yale University on July 3, 2015 The process which our document tersely describes is, fortu- nately, absolutely clear. The first stage was a possessory action to determine the question of seisin. This was decided in favour of Bernard ' at the Exchequer' by the judgment of many judges, of whom the bishop of Lisieux and Bobert de Haia were the chief. On a later occasion Bernard, in a proprietary action, proved his right to (disrationavit) the same property. Fortunately for us, his adversary Serlo had tilled the land in question, between the two actions, in despite of Bernard's seisin {super geisinam Bcrnardi), which the latter had duly established ' at the Exchequer.' This brought him within the clutches of the law, the seisin being now under the king's protection. He was, therefore, in miserieordia regie, but, by Bernard's intercession, his amercement was affeered (to use the later English phrase) at ten shillings. Moreover, as there was no record of the previous decision, the bishop of Lisieux and Bobert de Haia, being both ill on this occasion, sent their written testimony {brevia ma) to the fact. Putting the whole of the evidence together, it would seem that the ' Exchequer' alone is the court referred to throughout, and that the bishop of Lisieux was its head. It is now time to give the document:—

» D'Aniay's Transcripts, i. 62. " <3*>JJr»y de MandtvMe, p. 89. M Colchester Cartulary (Koibnrghe Club), p. 18. J26 BERNARD, THE KING'S SCRIBE July (No. 9.) Isti aunt homines qui fuerunt [presentesj ubi Bemardas dis- rationavit versos Serkmem surdum virgultum et terram jaxta virgultum de Maton ad dominiom sunm, Scilicet: Robertas de Curci dapifer etWillelmus f lius Odonis et Henrioas de Pomerai et Willelmua Glastonie et Wiganus MareBcallus et Robertas cnpellanus episoopi Luxoviensis et Robertua Ebroicensis et Martin scriba de capella. Et ibi positns fuit Serlo in misericordia Regis per Judicium Baronum de Scaccario quia excolaerat terram illara super saisinam Bernardi, quam ante placitum istud disracio- nfcverat, per Judicium episoopi Luxoviensis et Koberti de Haia et multorom aliorum ad scaccarium. Et hoc idem testificati fuerunt per brevia sua ad hoc placitum ubi non interfuerunt quia ambo tone infirmi fuerunt. Et cum Serlone fuernnt ibi Ricardus frater suus et [blank] qui h[ocj viderunt et aadierunt et per deprecationem Bernardi Serlo admensoratas Downloaded from rait de misericordia Regis ad x solidos.

The names of those officers who were actually present at the plea deserve careful notice. At their head is Eobert de Curci

' dapifer,' whose son and heir William, it is significant to observe, http://ehr.oxfordjournals.org/ died ' Seneschal or Chief Justice of Normandy' in 1176,17 and who IB found in constant attendance on Henry I, towards the close of hie reign, in Normandy. Next to him are the two Constables named in the Cmutitatio domus rcgi*, William Fitz Odo and Henry ' de la Pomerai.'" Then follows William ' de Glastonia,' who is entered on the roll of 1180 as owing a large Bum for part of the land and the Ministenum of his uncle Walchelin.30 The roll mentions his presence in Normandy, and a writ of about the same date shows him at Yale University on July 3, 2015 as addressed by Henry I as one of his officers there.40 The next is Wigan the Marshal, of whom we read in a carta of 1166: Henricus rex avus domini Regis fefavit Wiganum marescallum suum de tenementiB suis quae de eo tentrit per servitiom Marescalciae suae.41 Of the last three names mentioned, Robert was chaplain to the bishop of Lisieux, for whom I claim the headship of the Norman Exchequer at the time, Martin was clearly a scribe of the king's chapel," and Eobert of Evreux was father of one Eeginald, who was a claimant to his father's land in 1180/* Eobsrt's name, therefore, dates oar plea as previous to 1180. In a matter of this importance the greatest care should be taken not to assert more than can be proved. It may be questioned whether the officers whose names I have just discussed were not distinct from those ' barons of the Exchequer' of whom the docu- ment speaks. But the word ' ibi' implies, I take it, that the " Eyton'B Court,

Driven from his post by the persecution of Robert of Belleme, in

the opening years of Henry's reign, http://ehr.oxfordjournals.org/ nimis metuens inermis clericus in Angliam confugit, et a rege, cui iam- dudum notus fuerat, susceptus, honorifice satis exulavit. Nam inter prae- cipuos regis capellanos computatus est, atque ad regalia inter familiares consilia eaepe aocitus est. Denique, ut praedictum est, pro insertia virtutibus ilium rex dilexit et praedictae urbis sedem ei conoesait [1107}.

It is certain, therefore, that, as archdeacon, John must have been brought into constant contact with the great (bishop) Roger— at Yale University on July 3, 2015 the organiser of the English Exchequer,' the great constructor of judicial and financial organisation,' as Dr. Stubbs terms him,—at Henry's court. In one respect the two men present a strange parallel. Just as Roger had two nephews who became successively bishops, so also had John. '

NOBMAN THE DKAN

John archdeacon of Sees, bishop of Lisieux 1107 John Arnulf archdeacon, archdeacon of Sees, biahop of Sees 1124 bishop of Lisieux 1141

The two men were about contemporary, Roger dying at the close of .1189, John, worn and old, in 1141. As John had known a bishop of Sees who died in 1082, his age, no doubt, was consider- able at his death. A trace of his high executive position is found in a writ of Henry I, circ. 1180, relating to Normandy, which is addressed to him, to the earls of Gloucester and. Ch.es.ter, and to Richard de Haia. This Richard de Haia-occurs in writs of. 1144- 428 BERNARD, THE KING'S SCRIBE July 1154 in each a way as to suggest that he had succeeded his father Robert as a high judicial officer in the Duchy.44 Robert de Haia himself occurs repeatedly in documents relating to Normandy under Henry I, as in attendance on. the king; and he is often in significant conjunction with the bishop of Lisieux. Robert was a dapifer, and it must not be forgotten that the chief lay officer of Normandy, even under Henry II, was, technically, still a dapifer. I think that Robert derived his office from bis uncle Eudo dapifer,^ an officer of William I. It is significant, perhaps, that, on the accession of Stephen, the bishop of Lisieux ia not found, with the other Norman prelates, attending his court in England; nor are the other officers of our Downloaded from document among their fellows there present.4* From Normandy we will now return to England, and deal with two London deeds. The first of these proves that Bernard held office in the king'B court,47 and suggests that his predecessor was http://ehr.oxfordjournals.org/ Gisulf the scribe. "With its witnesses I deal below. (No. 10.) Isti aunt homines qui fuerunt [presentea] nbi Johannes Baio- censiB reddidit Bernardo scriptori terrain et domos que fuerunt Gisulfi in London [is] et socham quam habnit de Arohiepiscopo CantuarienBi tali oondioione ut quiete teneret ab omni servicio dam esset in Curia Begis prediotns Bernardus Et si de Curia exiret, daret quoquo anno Johanni i monc' [sic] auri vel ii solidos de recognitione pro sooha et sic hereditario lore teneret pro ix marcio argenti qnas ei dedit, Videlicet: Johannes at Yale University on July 3, 2015 archidiaconus nepos episcopi Lexoviencis [sic] et Bobertus custoa edgilli Begis et Marohus medicos et Bobertus scriba curie et Elias filius epifloopi DunelmfenaiB] et Badulfus de Witechirchia ot Bogerus Brun et EnBtachiuB clericus Johannifl predicti et Badnlfus filius Willelmi et Willelmus Maledootus et Bobertus de Ver et Warinus vicecomes Sumersette et David et Bogerus armigeri Bernardi.

John of Bayeux was a natural son of Odo, bishop of Bayeux, quem nunc in atria Henrici regis videmus, writes Orderic, eloquentia magnaque probitate pollentem. He is found with Henry I in Normandy, as 'capellanus regis,' in 1119.48 John the archdeacon, nephew of the bishop of Lisieux (head, as I claim, of the Norman Exchequer), became bishop of Sees in 1124. We see him here follow- ing in the footsteps of his uncle and namesake in English official life. The inevitable keeper of the king's seal is followed by Mark the physician and Elias, a natural son of Ranulf Flambard, who has

" For instance :' precipio quod jostitia mea Bioardus de Haia, secondom ftMlgmm meam, reoognoaci facial,' etc. " Not to be confused with Eudo, son of Hubert' de Bia,' who was also dapifer. « See Geoffrey de MandevilU, pp. 262-4. « ' Dum esset in Curia Begis.' Compare the Ckmstitittio Domut Regit on the inaaorer: ' ai in Curia fnerit et servierit in thesauio.' *• GtoJJrey de MondmUU, p. 427. 1899 BERNARD, THE KING'S SCRIBE 429 hitherto been known only as a prebendary of Lincoln. William Mauduit and Robert de Ver are both of them conspicuous on the roll of 1180, and both were (or became) officials. Warin the sheriff is there also as sheriff of Wilt* and Dorset in 1130 and, apparently, as sheriff of Somerset49 as well in 1129. He had also substantial property in Winchester,40 which accounts for his appearance, in this charter, among officers of the central administration. On this and his landed estates in WiltB and Dorset he was excused Danegeld as an official. He had been sheriff of Dorset even before 1128.M The next charter relates but indirectly to Bernard. It is

possible that Nicholas the scribe was his brother of that name. Downloaded from The first witness is met with in a St. Paul's charter of 1183 and in several others of the period. Xdehdf the Fleming (who is doubtless meant) IB found in a St. Paul's charter of 1108-1120. Geoffrey, son of Wulfgar, and ' Wulward prepoBitus' also occur in the 1 charters of St. Paul's. " Ebrard the saddler is a new name among http://ehr.oxfordjournals.org/ the early aldermen of London. The curious term ' generatio' (for the more usual ' parentela') should be noticed. (No. 14.) Istifuerunt [presentee] ubi Nicholaus scriba emit terrain suam Lond[onie] de Rogero et Guda sorore sua et Johanne viro eius qui denarios inde receperunt et a se et generatione [sic] sua quietam Nichol[ao] clamave- runt et suo heredi coram omnibus istis: Roberto filio Geler[anni], Gilberto presbiter, B[ernardo] scriba, Willelmo diacono, Odon[e] presbitero, Adelic' Flandr[enai], Ebrardo sellario aldermann' illios Warde, Stephano dapifero, at Yale University on July 3, 2015 Stephanus mercer [sic], Gaufrido filio Wulgar[i], Wulward prepositus, Asculfo, Suetman Lambesheved, Gilbertus piscenarius, Aluric[us] lignorum venditor, Edwardo felario, Ysembardo.113 There remain only the charters by which Bernard obtained churches, to which must be added the one I have placed second in this series. The first of the churches which follow was clearly bestowed by Bernard on Merton Priory. It is that of Cnddington, Surrey (now Nonsuch Park). (No. 6.) Isti Bunt homines qui fuernnt [prfisentes] ubi Hugo de Laval dedit et concessit Bernardo scriptori in elemosina eclesiam de Cuddintona cum terra et decima et omnibus rebus eidein ecclesie pertinentibus, scilicet, Robertas de Sigillo et Willelinus Cumin et Patricks de Chawurc[is] et Willelmus elemosinarius et Nicholaus frater Bernardi et Morellus de capella Regis. The chief interest of this charter is found in its evidence that

* Pipe Roll, pp. 12, 13. " Ibid. p. 41. " Bruton and MontacuU Cartularies (Somerset Record Society), p. 167, and Bigelow's Placita, p. 117 (citing Madox's Exchequer), where he appears as sheriff (of Somerset,.apparently) not later than 1121. " Ninth Report, Hist. MSS. Comm., app. i. p. 64. u The names should be all in the ablative, but the scribe has used the nominative erroneously in some cases. 436 BERNARD, THE KING'S SCRIBE July Hugh de Laval was holding a manor in Surrey, which had been held by ' Hbert' of Odo bishop of Bayeux, just as in Lincolnshire the Lindsey Survey (temj>. Henry I) shows him holding what Ilbert (de Laci) had held from that prelate. He was dead before the Pipe Boll of 1180, when William Maltravers owed the crown a large sum of money for obtaining his widow and his lands. It was doubtless, therefore, for twenty-five hides of Hugh de Laval's land that William Maltravers was excused 50 sh. of Danegeld, under Surrey, in 113O.M It may not have been previously known that the Domesday under-tenant of ' Codintone' was no other than Ilbert de Laci, whose family took its name from that Lassi in Normandy which it held of the see of Bayeux. It should be further noted that when Downloaded from Henry I gave to Hugh de Laval the Honour which Bbert's son Bobert had forfeited, it included not only the tenures in eapiU, but also, as in other cases I have found, the undertenanoies. Of the witnesses, William Cumin must have held 6| hides in •Middlesex in 1130." Placed, as he here is, immediately after Robert, http://ehr.oxfordjournals.org/ keeper of the king's seal and master of the royal scriptorium,** he was, I cannot doubt, no other than that William Cumin whom we find, in the next reigu, chancellor to the king of Scots and would-be bishop of Durham." William the king's almoner held a consider- able estate, the Danegeld on which he was excused on the roll of 1130, as was' Morel de capella' for 4i hides in Middlesex. Patrick de ' Chawurcis' is a well-known man.'1" at Yale University on July 3, 2015 ,No. 12.) Isti sunt homines qui fuerunt [presentes] ubi Willelmus epi- Bcopus Wintoniensis concessit Bernardo in ekmoainam ecclesiam de Cliva, videlicet; Bogerus de Melefort et Girard capellanus et Bern&rdus capellanns et Bicardns capellanns et Petrua Cumin et Elias dapifer et Alexander. Elias,« dapifer' of the bishop, occurs in the first Winton Survey. (No. 13.) Isti sunt homines qui fuerunt [presentes] ubi Bobertus de Ferrariis dedit et conceasit Bernardo in elemosinam ecclesiam de Piri cum rebus omnibus ecclesie pertinentibus videlicet Bobertus de Sigillo et Willelmus Elemosinarius et Henricus de Albin[eio]. The church is that of PotterBpury, Northamptonshire, which had belonged to Robert's father, Henry de Ferrers, in 1086. The first two witnesses are crown officials ; Henry de Albineio is the lord of Cainho.w J. H. ROUND. ".Pipe Roll, p. 51. »» Ibid. p. 108. M He is fonnd in precisely the same position in No. 1. " This is confirmed by the statement of John of Hezham, that William had been a clerk of Geoffrey, bishop of Durham, before he was a bishop, %x. when he was chin- qflllor of England (Symeon of Durham, i. 143). *• Pipe Roll, p. l&L •• See my Feudal England, p. 218. .