affair than to demand of the Scots, what they had to object to the clame of his master to the right and exercise of the superiority and direct dominion over their kingdom In this office he died, and was carried to be interred in his cathedral at Wells. He was of a very antient family, dignified with barons, or knights, from the time of the Conquest; but he had acquired great wealth, which he laid out with true munificence. By certain monuments with the arms of the family, in the church of Burnel in Normandy, it is supposed that they came originally from that country. The castle was honored by a session of parlement in 1284: the lords sate in the fortress, the commons in a great barn, the gable ends of which are still to be seen. The Statutum de Mercatoribus, enacted here, is, from the place, known by the name of the statute of Acton Burnel. It is probable that it was by the influence of the prelate, that his habitation was so distinguished.
HIS successor in the castle was Sir Edward Burnel, who served in many actions in Scotland, under Edward I. and appeared with great splendor. He was always attended with a chariot decked with banners; on which, as well as on the trappings of his horses, were depicted his arms. He married Alice, daughter of Lord Despenser, by whom he had no issue. On his decease, in 1315, his sister Maud became sole heir. She married first John Lord Lovel of Tichemersh, surnamed The Rich; he died in 1335. Her second husband was John de Handlow, who died in 1346, and left by her one son, named Nicholas Lord Burnel, the subject of much contest in the court of chivalry with a Robert de Morley,
on account of the arms which Nicholas bore, in right of cer∣tain lands of the barony of Burnel, bestowed on him by his mother. These arms de Morley had assumed without any just pretence; but because, as he declared,
it was his will and pleasure so to do, and that he would defend his so doing.
Probably he had no arms of his own, having been the first of his family who had appeared in a military capacity. He had served as esquire to Sir
Edward Burnel, without any other domestic than one boy; and ever since the death of his master assumed the arms in dispute. It happened that they both were at the fiege of
Calais, under
Edward III. in 1346, arrayed in the same arms.
Nicholas Lord
Burnel, challenged the arms as belong∣ing to the
Burnels only, he having at that time under his com∣mand a hundred men, on whose banners were his proper arms. Sir
Peter Corbet, then in his retinue, offered to combat with
Robert de Morley in support of the right which his master had to the arms; but the duel never took place, probably because the king denied his assent. The suit was then referred to the court of chivalry, held on the sands before
Calais, before
Wil∣liam Bohun, earl of
Northampton, high constable of
England, and
Thomas Beauchamp, earl of
Warwick, earl marshal. The trial lasted several days; when
Robert, apprehending that the cause would go against him, took an opportunity, in presence of the king, to swear by God's flesh, that if the arms in question were adjudged from him, he never more would arm himself in the king's service. On this the king, out of personal regard for the signal services he had performed in those arms, and consi∣dering the right of
Nicholas Lord
Burnel, was desirous to put an end to the contest with as little offence as possible. He