Charter 11 Edward III. The Great Charter, 1337

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Charter 11 Edward III. The Great Charter, 1337  (1337) 
also known as the Great Charter (distinct from Magna Carta which was enacted in 1215)), and creating the Duchy of Cornwall

(17th March 1337)

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.

This work was published before January 1, 1923, and is in the public domain worldwide because the author died at least 100 years ago.