Charter 11 Edward III, 1338

(3rd January 1338)

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.