Page:Notes and Queries - Series 12 - Volume 4.djvu/156

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NOTES AND QUERIES. [12 s. iv. J UNE ,

William, Bishop of Exeter, is naturally excluded from the test-clause of the Exeter charter, seeing that the grant was one to his own church ; but its presence here shows that he also was one of the prelates in attendance (see ' Feudal England,' pp. 482-7).

This charter concerns an event which occurred at the abortive siege of Falaise in 1105. Roger de Gloucester, alias Roger son of Durand, the Sheriff of Gloucester in 1086, and himself probably also Sheriff, was mortally wounded (graviter vulneratiis, ' Glos. Cart.,' i. 69) in the head by a bolt from a cross-bow on that occasion, and then and there gave " Chulna " to God and the monks of Gloucester, the Bang himself conceding the same. Some time after the manor was claimed by Gilbert de Minors, and the dispute was finally settled in 1123, as shown by this notification. The terms used by the King in Curiam meam venerunt. . . .cor am me are noteworthy. In- teresting is the point of history revealed in the pleadings, namely, the testimony of Adam de Port and William fitz-Odo proving that they were actually present before Falaise when the grant was made, and when the King (who had perhaps forgotten the particulars) had, at the request of his valiant soldier Roger de Gloucester, also conceded to the monks the land in question. Still more interesting is the reference (if I am right in so reading the passage) to the refusal of Gilbert de Minors to plead judicium recusavit that is, possibly, by ordeal of battle. The resort to the judg- ment of God in legal disputes over land survived even long after the ordeals of fire and water for criminal offences had passed away (abolished by Lateran Council of 1216). Thus in 21 Edw. I. (1293) Robert de Haughton claimed the advowson of High Omey, co. Stafford, against the Bishop of Coventry and Lichfield. The Bishop appeared, and offered to defend his right by the body of his freeman Thomas, son of William, who was present ; and Haughton offered to deraign his right by the body of his freeman Robert, son of William, who was also present. Two sureties or seconds were chosen on each side, and the rival champions were ordered to attend in arms before the Justices at Westminster on the Tuesday next after a month from Easter, for the duello (Assize Roll, 21 Edw. I., m. 21).

The few words of the King's precept bring the scene in court vividly before us. But it will be observed that there is no

production of a written deed of gift, or of a royal charter in confirmation of that gift to God and the monks of Gloucester. Nor among the numerous deeds in the ' Gloucester Cartulary ' is there to be found any such deed of gift or any such confirmation. There is only the quoted copy (without the test-clause) of a charter of Henry I. ad- dressed to Bishop Sampson of Worcester (1096-1112) and to Walter, Castellan of Gloucester, and Sheriff of the county, in which the King signifies to them, as parties officially concerned, that he had conceded Roger de Gloucester's gift of " Culna " to the monks for their common sustenance in exchange for their garden in which stood his castle escambium de horto monachorum in quo turris mea sedet (' Cart. Glos.,' i. 235, Rolls Series). This charter must have passed at the same time as that on p. 4 of Round's ' Ancient Charters,' that is to say after the year 1105, and before the death of Bishop Sampson on May 5, 1112, or rather, as Dr. Round more narrowly fixes his date, between June, 1109, and 1111. There seems, then, to have been something irregular as to the original grant made during a campaign that was not over- successful. Perhaps there was no writing to show.

" Chulna " is Coin Rogers, near Ciren- cester. It was an escheat of Odo, Bishop of Bayeux, and in the hands of the King in 1086. Gilbert de Minors' claim suggests that Roger de Gloucester left daughter or sister as heir.

Of the persons mentioned in this charter, Gilbert de Minors, the claimant, is entered on the Pipe Roll of 31 Hen. I. as answering for the pleas of Milo de Gloucester ; and in 1166 he was one of the knights of old feoff - ment holding with Hugh de Condicot half a fee under Margaret de Boun, Milo's daughter (' L.R.,' Hall).

The Abbot of St. Peter's in 1123 was William Godemon, 1113-30. At the time of the grant (1105) there was, the Gloucester ' Hist, et Cart.' (vol. i. p. 69) states, a vacancy, Serlo having died ; but according to the Frocester MS. (Glos.) the Abbot then was Peter, formerly Prior (1104-13).

Adam de Port must have been lord of the Honor of Kington with caput in Hereford- shire, and was probably of the King's Household (' L.R.,' 602, Hall). The Folies held 3 milites in this Honor (ibid., 279).

William fitz - Odo witnessed Henry I.'s charter to the church of Exeter (Easter, 1123). Dr. Round identifies him as the son