Tuesday, March 31, 2015

Clonmel messuages in dispute

Clonmel messuages in dispute

Niall C.E.J. O’Brien

In about 1373 Elia, the widow of William Stokes, claimed a third part of eight messuages and one acre of land and a meadow outside the west all of Clonmel against John Foliot and Emmelina his wife. Elia Stokes asserted that the properties concerned came to her from the free tenement of William Stokes, her former husband. In pursuit of such claim Elia Stokes took John and Emmelina Foliot to court in the liberty court of the Earl of Ormond.[1]

The one page document relating to the court case has no inscribed date. Instead the date is suggested by circumstance. The court case is part of a number of manuscripts sewn together. The dating evidence in these other manuscripts places the date range of the collection as falling between 47th year of Edward III and 18th year of Henry VI.[2] 

Pre court offer

Before the court case began, John Foliot offered to give Elia Stokes one messuage and the one acre of land outside the west wall of Clonmel as the sheriff had previously commanded him to do. This would suggest that there was a previous court case or some legal action, the record of which has not survived. The offer was rejected by Elia Stokes.[3] A messuage was the usual medieval word to mean a house and garden.

The Westgate of medieval Clonmel 
some where on this side was the one acre of land

Two messuages formerly of John Palmer

After the court case began, John Foliot gave evidence on how he saw the ownership and possession of the various properties. The vast majority of the evidence was by his word. If others gave evidence, their testimony was not recorded. John Foliot said that two messuages claimed by Elia Stokes were not in the possession of William Stokes in fee on the day he married Elia. Nor did William Stokes later acquire possession of the same. John Foliot asked that a jury make inquisition into the two messuages.

A jury was summoned at the end of the evidence given by John Foliot to examine the case. The verdict of the jury appears at the end of the manuscript after all the evidence given by John Foliot on the various properties was recorded. The description of the various messuages differs between that given by John Foliot and that returned by the jury. The impression given is that there were nine messuages in disputes rather than the eight claimed by Elia Stokes. To help avoid error on my part, I have given the jury verdict on each particular property claimed by Elia Stokes.

The jury found that William Stokes was not seized of these two messuages which formerly belonged to John Palmer at the time that William married Elia Stokes. It is not recorded how William Stokes came to the two messuages from John Palmer but as he had no claim of ownership it possibly was the case that William Stokes was renting the messuages from the heirs of John Palmer.

Three messuages formerly of Sybilla Northwich

Another three messuages were, according to John Foliot, formerly held by William Stokes by inheritance of William’s first wife, Sybilla Northwich. After the death of Sybilla Northwich, William Stokes held the three messuages for his life as allowed by the law of England.[4]

When King John came to Ireland in 1210 he ordained that English laws should be in force in Ireland. One of these laws was that if a man marries a woman with an inheritance and has issue by her, that man; if he survives his wife should have custody of the inheritance for his life even if the issue are of full age. In 1226 it was again ordained that English law should be in force in Ireland.[5] This ordinance was renewed by successive Irish Parliaments and Councils like in 1351 and 1366.[6]

Thus by English law Elia Stokes only held the three messuages for as long as William Stokes, her husband, was alive. After William’s death the three messuages returned to the heirs of Sybilla Northwich. John Foliot challenged that if Elia Stokes denied this evidence the case of the three messuages should go to a jury.

The same jury as above then found that William Stokes had no estate in the property which formerly belonged to Sybilla Northwich. In their verdict the jury described Sybilla’s three messuages as one messuage and two shops. The use of the term of a messuage by John Foliot instead of describing Sybilla’s property as holding two shops would seem to be an effort by John Foliot to reduce the value of the disputed properties and reduce any compensation damages.

The different description between John Foliot and the jury on Sybilla’s property and the other messuages in dispute makes it difficult to determine if the total number of messuages in dispute was seven, eight or nine.  

One messuage of Bristow and Astell

On the question of another messuage, formerly held jointly by John Bristow and John Astell, John Foliot claimed that Eva, wife of the late John Bristow, was endowed with her share of the messuage and William Stokes only had it from Eva Bristow by lease. As Eva Bristow was still alive, John Foliot asserted that she had ownership.

The share of the same messuage held by John Astell, passed to the heirs of John Astell on his death. His wife, Fides le Botiller, was only endowed with a third part of the share held by John Astell in her widowhood. Later Fides le Botiller rented her third share to William Stokes. At the time of the court case Fides le Botiller was still alive and so held ownership of the third part. As for the other two parts of the messuage formerly held by John Astell, John Foliot claimed that William Stokes did not have possession of same on the day he married Elia Stokes and so Elia had no claim to the Astell share of the messuage.[7]

The background of John Astell is difficult to determine. A person called John Astell witnessed a County Waterford land deed in about 1322 while in August 1337 another John Astell witnessed a land deed at Kilmainham, County Dublin.[8] It cannot be said with any certainty if any of these people were the John Astell who held the half messuage in Clonmel.

The jury found that William Stokes did hold the two parts of this one messuage in demesne and was thus seized of same when he married Elia Stokes and thus should be part of the dower lands of Elia.[9]

Two messuages near William’s manse and the land outside Clonmel

As for the other two messuages and the farm land outside the west wall of Clonmel, John Foliot claimed that Elia Stokes was endowed with other property in allowance after the death of William Stokes and so she had no valid claim.

In the jury’s verdict these two messuages and the land outside Clonmel were described differently. The jury described the land outside the western wall of Clonmel as a messuage while at the same time saying there were two messuages near the manse of William Stokes within the town.[10] If the jury’s description was correct then there were nine messuages in disputes allowing three messuages formerly owned by Sybilla Northwich. Whatever the correct description the jury said that the messuages and land were held by William at the time he married Elia Stokes and thus part of her dower property.

The judge’s verdict

Based on these findings, the court found John and Emmelina Foliot guilty of unlawful detention and awarded damages of 10s to Elia Stokes. She was also given right to recover seisin of a third part of the messuages and shops along with two parts of the messuage associated with Bristow and Astell. As the wives of both men were still alive they would hold the one third part of the messuage as their dower property.[11]

The judge’s decision seems to conflict with the findings of the jury. It was only when referring to the property of Sybilla Northwich that the term of shops was used to describe some of the messuages in dispute. Yet the jury found that William Stokes had no claim to the property of Sybilla Northwich including the two shops. It is difficult, without collaborating evidence, to determine if indeed there was any conflict between the findings of the jury and verdict of the judge.[12]

William Stoke without clear record

In this case the judge and jury found John Foliot to be in unlawful detention of some of the eight messuages and one acre of land outside Clonmel in dispute but the late husband of Elia Stokes was himself not clear of wrong doing. In 1359 a jury in Clonmel found William Stokes to be in unlawful detention of one messuage with its appurtenances against John son of John Lawless. But it subsequently emerged that John son of John Lawless was also in unlawful detention of the said property and the true owner was David de le Hay.[13]

About the same time as 1359 there was in Clonmel a chaplain called William Stokes.[14] Attempts over many centuries to enforce cleric celibacy were largely ineffective.[15] Thus it could be possible that William Stokes the chaplain was the William Stokes of Clonmel who was twice married and who’s second wife, Ela Stokes tried to claim her dower lands in about 1373.

Later references

It is presumed that Elia Stokes successful got her dower property but we have no evidence to say yes or no. after this court case Elia Stokes disappears from the surviving records which is not unusual as the surviving records are selective on who gets into the records.

There is a later record for John Foliot as in August 1411 John Foliot of Clonmel was back in the liberty court of the Earl of Ormond on a plea of debt. The result of this case has not survived and no further references have survived relating to John Foliot.[16]

The case relating to Elia Stokes shows why some people are remembered in the documents that survive and why the vast majority of the people are not remembered. Court cases often survive as the judgements are of concern to later people in the medieval times and those relating to property were especially kept as a record of title. The case above was heard in the Earl of Ormond’s liberty court and so survives within the Ormond papers but its survival could also be because the Earl of Ormond may have later acquired some of the messuages concerned.  

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[1] Edmund Curtis (ed.), Calendar of Ormond Deeds (6 vols. Stationery Office, Dublin, 1935), Vol. III, p. 384
[2] Edmund Curtis (ed.), Calendar of Ormond Deeds, Vol. III, p. 383
[3] Edmund Curtis (ed.), Calendar of Ormond Deeds, Vol. III, p. 384
[4] Edmund Curtis (ed.), Calendar of Ormond Deeds, Vol. III, p. 384
[5] H.S. Sweetman (ed.), Calendar of Documents relating to Ireland (5 vols. Kraus reprint, 1974), Vol. 1 (1171-1251), nos. 1458, 1679
[6] K.W. Nicholls, Gaelic and Gaelicized Ireland in the Middle Ages (Lilliput Press, Dublin, 2003), pp. 53, 54
[7] Edmund Curtis (ed.), Calendar of Ormond Deeds, Vol. III, p. 384
[8] Edmund Curtis (ed.), Calendar of Ormond Deeds (6 vols. Stationery Office, Dublin, 1932), Vol. 1, no. 699; Edmund Curtis (ed.), Calendar of Ormond Deeds (6 vols. Stationery Office, Dublin, 1934), Vol. II, p. 61
[9] Edmund Curtis (ed.), Calendar of Ormond Deeds, Vol. III, p. 385
[10] Edmund Curtis (ed.), Calendar of Ormond Deeds, Vol. III, pp. 384, 385
[11] Edmund Curtis (ed.), Calendar of Ormond Deeds, Vol. III, p. 385
[12] Edmund Curtis (ed.), Calendar of Ormond Deeds, Vol. III, p. 385
[13] Edmund Curtis (ed.), Calendar of Ormond Deeds, Vol. II, pp. 44, 45
[14] Edmund Curtis (ed.), Calendar of Ormond Deeds, Vol. II, pp. 35, 45
[15] K.W. Nicholls, Gaelic and Gaelicized Ireland in the Middle Ages, p. 106
[16] Edmund Curtis (ed.), Calendar of Ormond Deeds, Vol. II, p. 292

Thursday, March 26, 2015

Ralph Damesel of Walton, Somerset

Ralph Damesel of Walton, Somerset

Niall C.E.J. O’Brien

Introduction

On the Wednesday after the Feast of St. Cuthbert the Bishop (20th March) in 1402 Ralph Damesel made his will. In the will Ralph Damesel bequeathed that his body to a holy burial. Ralph also bequeathed one of his best cows to the fabric of the church of Wrington and to the church of Walton another cow.[1] In 1407/8 a cow was worth 7s when sold from the manor of Wrechwyke to John Green, butcher of Bicester priory.[2] A mason working at Exeter Cathedral, in 1352, got 2s 6d per week.[3] In 2014 the average weekly wage of a stonemason was about £423 which makes a cow worth about £1,200 and this is not too far from the value of a good cow in 2014.

Cow bequests

The bequest of a cow to the fabric fund of a church was not a common occurrence. Only a few other examples exist for the whole of the fifteenth century and these fund lights and masses than the fabric fund of a church. In 1439 Simon Ralegh gave two “doues”, two cows and twenty sheep to the church at Nettlecombe to have his orbit and an orbit for his ancestors. In 1484 John Compton gave three cows to the church of Beckington to pay for the light of the high cross. In 1485 John Sayntmaur gave a cow worth 10s to Beckington church to fund one wax taper burning on Lord’s days and on the principal feasts. In 1487 Henry Vincent gave a cow and calf to fund the light in the chapel of Blessed Virgin Mary in the church of St. John the Baptist in Frome. In 1496 John Carter bequeathed a cow or 8s to fund a light in the church of St. Nicholas of Laverton while in 1499 John Rosewill gave a cow to the store of Bradford church.[4]

Animal bequests to fabric funds

The vast majority of bequests to the fabric fund of a cathedral or parish church was a monetary contribution. You can find bequests of material like stone or timber made to a fabric fund which were sold for money or used in the building. Cases of animal bequests to a fabric fund are rare. In 1348 Master John Sonynhasch bequeathed a horse to the fabric fund of Exeter Cathedral. The horse was then sold by the cathedral authorities for 13s 4d and this money was then put into the fund.[5]

Other bequests by Ralph Damesel  

In addition to gifts of cows to local churches, Ralph Damesel also made provision that the rector of Wrington was to get 6s 8d while the rector of Walton was to get 40d. The residue of all Ralph’s goods was to pay his debts. John Doune and Sir John Lynlond were to be his executors but under the supervision of Ralph’s wife, Matilda. This will was proved on 5th July 1403 which shows that Ralph Damesel died sometime between the two dates.[6]

Wrington church by Dbown100

In search for Ralph Damesel

Who was Ralph Damesel? Can we discover anything of the man and his life over six hundred years after his death? Finding someone who lived so long ago is not easy, especially if they were not among the famous or infamous league of gentlemen.

Possible first mention of Ralph Damesel

The patchy survival of medieval documents makes the search extra difficult. Just finding a similar name in the surviving documents is not enough. On 8th June 1357, Ralph de Acton, son of John Damesel, with two others, granted the manor of Aley in the parish of Over Stowey, to Sir Richard de Acton and three others to hold in fee.[7] Was this Ralph de Acton Damesel, of 1357, the first reference to the Ralph Damesel, subject of this article or just someone with the same name, living in the same county and at about the same time? 

A possible earlier Ralph Damesel

About a decade before the above document, in March 1348, Ralph Damesel, clerk, was presented to the church of Chelvey on the presentation of Richard de Acton. Was this Ralph Damesel the subject of this article? The reference certainly provides further link between the family of Ralph Damesel and that of Sir Richard de Acton. Ralph Damesel, the clerk, had a brief stay at Chelvy as in January 1349 Henry Benet, priest, was presented to the parish church of Chelvy.[8]

Ralph Damesel confirmed

A later document, dated 12th April 1385, shows the release by Ralph Damesel of all his rights and claims in the manor of Aley, and at Aisholt, Holcombe and Smallcombe to Sir Thomas Fichet.[9] This would seem to confirm that Ralph de Acton Damesel of 1357 was indeed the Ralph Damesel of this article. It would be nice to find more collaborating evidence some day and maybe that may happen.

Ralph Damesel in 1370

On 23rd March 1370 Ralph Damesel was at Bedminster to witness the grant by John de Gatecombe of Ashton by Bristol of all his lands and holdings in Long Ashton by Bristol to two chaplains; Sir John de Bury and Sir John Stanford and one lay person, Richard atte Stoke. John de Gatecombe was lucky to have any claim to Long Ashton as in 1358 his lands were forfeited to the crown because John was outlawed for felony.[10] Bedminster is just south of Bristol and about ten miles east of Ralph Damesel’s home at Walton in the parish of Stoke-super-Mare.

In September 1370 Ralph Damesel was named at Westminster as one of six querents to the third part of the manor of Tornok. John ap Felipe ap Kenewyn of Stridewy and Felicia his wife, deforciants, acknowledged that they had gifted and quit claimed the land to John Bays and his heirs. For this John Bays, Ralph Damesel and the other querents paid John ap Felipe and Felicia one hundred marks of silver.[11] In November 1370 John Bays of Yeovil, Somerset signed a document in which he quitclaimed with warranty the manor of Tornok to six people including Ralph Damesel. This document was acknowledged at the King’s court in London on 2nd April 1371.[12]

Ralph’s house at Walton

On 1st February 1374 John Harewell, Bishop of Bath and Wells, granted to Ralph Damesel permission to have a portable altar in a chapel in his house at Walton in the parish of Stoke-super-Mare.[13] This Walton was known as Walton-in-Gordano to distinguish it from other places called Walton in Somerset. It is situated near the Bristol Channel about two miles north of Clevedon. Ralph de Mortimer held Walton in the time of Domesday from the king and a person called Richard rented it from Mortimer. It was the only land held by Mortimer in Somerset. In 1086 there were 20 acres of meadow, 100 acres of pasture and 50 acres of woodland. The value of Walton had increased 20s between 1066 and 1086 which is in contrast to many other places where the value went down.[14]

A brief encounter

In 1377-8 and again in 1380-1 Ralph Damesel was distrained for common suit at the law courts in some action relating to the manor of Edington. The manor of Edington was at about that time held by Sir Thomas Fichet.[15] Ralph Damesel had further dealings with Sir Thomas Fichet in 1385 as noted above.

Ralph and Maud his wife

In December 1397 Ralph Damesel and Maud his wife were in an action concerning a third of Lytelmerston and Odecombe.[16] The wife of Ralph Damesel, subject of this article, was called Matilda in his will of 1402. Both Maud and Matilda were variations on the same name with Matilda being the Latin form of the Saxon name Maud. Matilda was more usually used in official documents such as a will. It would seem therefore that Ralph Damesel of this article was the same Ralph Damesel as in this action.

Ralph Damesel and the Berkeley family

On 12th January 1399 Ralph Damesel was one of five witnesses at Portbury to see the grant by Thomas Berkeley, Lord Berkeley, of all his lands and holdings at Edingworth, Somerset, to Sir Thomas Arthur. The other witnesses were John Bluet, Nicholas More, Geoffrey Lang senior and Robert Foyland. Thomas Berkeley had only a short time before acquired Edingworth from his second cousin; Maurice Berkeley of Stoke Giffard (died 1400).[17] Edingworth is about six miles southeast of Weston-super-Mare.

Ralph Damesel outside Somerset

For the most part we associate Ralph Damesel with north Somerset but it appears he had interests in other counties also. In 1401 Sir Robert Chalons petitioned the king with the request that two court cases against him regarding certain lands in Devon be prorogued, as he was then in the king's service. He further asked for letters of protection for two years. Among the witnesses to this petition were Ralph Damesel and his wife Maud.[18]

Conclusion

This article is a brief encounter with the life of Ralph Damesel. We only get brief snap shots of his life over about fifty years. Much is still to be discovered but the vast majority of information on his life is lost forever. In the annals of ordinary men, the life of Ralph Damesel would not get a mention in any historical article but for one thing. That one thing was that he made a bequest of one of his best cows to the fabric fund of Wrington church and as Robert Frost would say “And that … made all the difference”.[19] This makes Ralph Damesel stand out from the medieval crowd and this article is a snap shot of his life.



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[1] Rev. F.W. Weaver, Somerset Medieval Wills, 1383-1500 (Somerset Record Society, Vol. XVI, 1901), p. 11
[2] Nathaniel J. Hone, The manor and manorial records (Methuen, London, 1925), p. 218
[3] Audrey M. Erskine (ed.), The accounts of the fabric of Exeter Cathedral, 1279-1353, part 2: 1328-1353 (Devon & Cornwall Record Society, New Series, Vol. 26, 1983), p. 310
[4] Rev. F.W. Weaver, Somerset Medieval Wills, 1383-1500, pp. 146, 248, 259, 266, 340, 380
[5] Audrey M. Erskine (ed.), The accounts of the fabric of Exeter Cathedral, 1279-1353, part 2: 1328-1353, p. 278
[6] Rev. F.W. Weaver, Somerset Medieval Wills, 1383-1500, p. 11
[7] Robert W. Dunning (ed.), The Hylle Cartulary (Somerset Record Society, Vol. LXVIII, 1968), no. 73
[8] Thomas Scott Holmes (ed.), The Register of Ralph of Shrewsbury, Bishop of Bath and Wells 1329-1363 (Somerset Record Society, Vol. X, 1896), pp. 583, 599
[9] Robert W. Dunning (ed.), The Hylle Cartulary, no. 79
[10] Bridget Wells-Furby (ed.), A catalogue of the medieval muniments at Berkeley Castle (2 vols. Bristol & Gloucestershire Archaeological Society, 2004), Vol. 2, p. 513
[11] Emanuel Green (ed.), Pedes Finium commonly called Feet of Fines for the County of Somerset, 1347-1399 (Somerset Record Society, Vol. XVII, 1902), p. 74
[12] Calendar of Close Rolls, Edward III, 1369-1374, p. 288
[13] Bridget Wells-Furby (ed.), A catalogue of the medieval muniments at Berkeley Castle, Vol. 2, p. 535
[14] R.W.H. Erskine (general editor), The Somerset Domesday (3 vols. Alecto Historical Editions, London, 1989), Introduction and Translation, 96v
[15] Robert W. Dunning (ed.), The Hylle Cartulary, nos. 122, 149
[16] Calendar of the Close Rolls, Richard II, 1396-1399
[17] Bridget Wells-Furby (ed.), A catalogue of the medieval muniments at Berkeley Castle, Vol. 2, p. 524