[VII. How St. George's Church was given to Oseney]
[20.] Howe þe church of Seynte George was i-Ȝeve to þe chanons of Oseneye.
Fiction that Robert Doyly II, founder of Oseney, ob|tained, in 1149, transference to his own found|ation (no. 12), of his uncle's (Robert Doyly I) foundation (no. 2).
[folio 5a] IN*. [An unskilful forgery. Robert Doyly II died September 1142, about a fortnight before Stephen began the siege of Oxford (Oseney Chronicle). St. George's was transferred to Oseney in 1149, by Henry Doyly, the founder's son. No. 21 is also a forgery. Whatever was 'de fundatione domus' was specially secure in the eyes of the law; and there was a strong tempta|tion to attribute later accessions to the founder himself. The true grant is no. 23.] the ȝere of our lorde anno MlCxlix (in the tyme of Eugenye pope iij, and of Kyng stheephyn, and of theobalde Archiebisshop of Canturbery, and of Robert of chesnet bisshop of lincoln), of Robert Doylly þe ij (þe which was sone of Nigell Doylly) was i-ȝeve the church of saynte George, with all his pertinences, to þe regular chanons of Oseney, and of Geffrey of Iuory confermyd—þe which afore was i-ȝefe to þe seculer chanons in þe castell of Oxonforde: in þese wordes—
[21.] Þe principall charter of þe same Robert Doylly þe Secunde, of þe saide yifte.
Pro|fessedly 1149. Pretended confirma|tion to Oseney, by Robert Doyly II, of his gifts at Oseney and in Oxford, as in no. 12 (a, b, e); and grant of St. George's church (no. 2), with all its property, viz. (1) St. Mary Magdalene with lands, meads, and tithes, to the north and west of Oxford; (2) Cowley church, 2 hides, and meadows; (3) Cutslow, 3 hides; (4) Frees chapel and land; (5) Arncott, 2 hides; (6) Stowe, church and land; (7) Morton, chapel and land; (8) Worton, land and tithe; (9) Sand|ford, land; (10) Forest|hill, chapel and land; (11) Stonnall, Staffs.; (12) Black|bourton; (13) Hook|norton, land; tithes ofthe Doyly and Iveri demesnes, viz. (14) of six manors by Banbury; (15) of nine manors by Woodstock; (16) of fourteen manors by Bicester; (17) of twelve manors chiefly in Bucks; (18) of six manors by Bampton; (19) of ten manors, Oxford to Boarstall; (20) of seven manors in Gloucester|shire; (21) of six manors by Watling|ton; (22) of nine chiefly Berk|shire manors; (23) of some twelve dispersed manors; with manorial privileges (no. 39); exemption from service to courts and mills of Doyly manors; right to fines im|posed on their tenants; right to common pasture for sheep, pigs, and cattle; right to pay damage done by their cattle, by arbitra|tion, not by sentence of the manor|ial court.
BE hit i-knowe to all cristen men þat I, Robert Doylly, willyng and grauntyng Edithe my wiffe and my soonys Henry and gilbert, ȝefe and graunt, in-to pure and perpetuell almys, to the church of god and of Seynte marye his modur and to þe reguler chanons in hit seruyng god And of*. [This second 'and of saynte marye his moder' is unrepresented in the Latin.] saynte marye his moder þe which (counseylyng and confermyng Robert*. [In error. Alexander was bishop of Lincoln at the foundation of Oseney.] by þe grace of god Bisshop of lincoln) I foundid in þe Ile þe which is i-called Oseney, for þe helth of þe Kyng and þe welefar of all þe Reame and also for myne own helth and of my wife and soones, kynnesfolkes, and of owre frendes, alle þat is myne in þe forsaide Ile; with alle Dwellynges þe which I had vppon þe where*. ['super waram.'] þe which is of my mylles; and alle þat I had in þe borowgh of oxonforde or in þe subarbys; and þe church*. [Marginal note: 'the graunte of the Churche of saint George to Osney with his appurtenaunce; the tythes of all the Castell, &c. & others: note.'] of Seynte George the which is i-set in þe Castell of oxonforde, with all churchis and chapells londis rentis tenauntries and tithes possessions and other thynges to þe saide church of seynte Page 21 George perteynyng: þat is to say, þe church of marye Mawde|leyne, þe which is i-set in þe subarbes of oxonforde, with iij. hides in Walton, and þe londe of*. [The land called 'Twenty acres' lay in the north suburb of Oxford in the neigh|bourhood of the modern Walton Street. At the present day there is a field called 'Twenty acres' ('Twenty pound Meadow') in the west suburb, opposite the modern St. Frideswyde's parish church. The co|incidence of name has sometimes caused confusion.] xxti. acres, and þe tithe of þe same londes, and with þe mede þat is i-called Brummannys mede, with þe tithes of þe same mede, And with þe tithe of Northam*. [A meadow by Cherwell, whose name survives in the modern Norham Road.], Wyueleye, And lynch*. [See note in no. 54.], and of all [the*. [Added from the Latin.] lands and meads and other titheable things which are between] þe castell of Oxonforde and Henxsey or botely (þat is to say, in oxonforde shire), ande with oþer thynges and tithis to þe saide church of saynte Marye Mawdelen perteynyng; and*. [The clauses are out of order. The Latin gives, correctly, 'and the church of Cowley, with two hides of land and the meads of Sydenham and Froggemore, and other pertinences; and three hides of land in Cutslowe with men, tithes, and other pertinences.' Cutslow, two miles north of Oxford, is a member of Kidlington (Wood's Life and Times, i. 353).] þe church of Cowlay, with iij. hides of londe in Cudeslawe and other pertinences, and iij. hides of londe, and medis*. [These meadows lay east of the Cher|well, opposite Christ Church meadow: see 'Sidnam' in Wood's City of Oxford, i. map ii.] of Sidenham and ffrogmore, with men tithes and pertinences; and þe chapell of þe ffrees, with þe dwellyng or mansion and þe londe evyn ageynst þe chapell towarde þe west, with ffedynges and pastures and his oþer pertinences; And ij. hides in Ernycote, with þe woode and oþer pertinences; and þe church of Stowe, with alle þe towne, and with þe chapell of morton, and ij. hides of þe ffee of saynte George in þe same town, to-gedur with þe woodes and other thynges and libertees to þe church of saynte George perteynyng; and þe londe of Worton, with the tithe of j. hide in þe same towne; and j. hide with þe pertinences in Saunforde; and þe londe of fforsthull, and of Burton, and of bothe Stoonehale, with þe chapells in þe same, woodis, villenages, rentes, and tithis and other thynges of my ffee, to þe church of Saynte george perteynyng; And half j. hide and j. ȝerdelonde in Hokenorton, with þe pertinences; and ij. parties of tithe of alle thyng þe which is i-wonyd to be tithid of all demaynes*. [i.e. demesne-lands: Latin 'de omnibus dominicis utriusque honoris.'] of ayther honowr þe which lye to þe Castell of Oxenforde, þat Page 22 is to saye, of Hokenorton*. [Noted in margin. Of the six, three are in Chadlington hundred, three in Bloxham hundred.], Swerforde, Bereforde*. [Barford.], Wigynton, and of j. hide and dj. in Edburbury*. [Adderbury.], and of j. hide and þe thirde parte [of half] of j. hide in Cornewell; and of Cudelyngton*. [Kidlington.], Throp*. [Thrupp.], Withhull*. [White-hill, in Tackley parish.], Hensynton*. [Hensington, in Bladon parish.], and Northlye*. [Northleigh.], and of j. hide and dj. in Barthon Odonis*. [Little Barton: see no. 128.], and Rolesham*. [Rousham.] of eyþer [folio 5b] courte, and of dunstywe, ledewell*. [Ledwell or Lodwell, in Wootton parish.]; and Heyforde, of Hampton*. [Hampton Gay: this set is in Ploughley hundred.] with Northbroke gaytorum, & blechesdon*. [Bletchingdon.], of Weston*. [Weston-on-the-Green.], Burcetur*. [Bicester.] with Wrechwike*. [A hamlet in Bicester parish.], Buckenhull*. [Bucknell.], Ardusley*. [Ardley. 'Ardulfleyn' in Henry III's Inspeximus.] with northbroke by Somerton, of Mixbury, Willauston*. [Woolaston in Mixbury parish.], ffullewell, Hordewyke*. [Hardwick.]; Tynforde*. [Thenford in Northants.], Westbury, Shaleston, Turesmere*. [Tusmore, near Cottisford.], Stratforde*. [Water Stratford.], Turueston*. [Turweston.], and Caldewell*. [Not identified. 'Goldewelle' in the Latin.], of Wyke*. [Wyke = Wick-Dyve, Northants.], Thorneton, Thorne|borowgh, Radeclyue, Haseley*. [Haseley, in Radclive parish, Bucks.]; of Burton*. [Blackbourton, in Bampton hundred.], Kencote, Northton*. [Brize Norton.], Bampton, Dukelynton, Escoote*. [Ascot D'oyly.] doylyuorum; of bekeley*. [Beckley, in Bullingdon hundred.] of all þe towne, Horthton*. [Horton, in Beckley parish.], Morkote*. [Mercot, in Charlton-on-Otmoor.], and of dj. hide in stodeleye*. [Studley.] þat longeth to bekeleye, and of Asshe*. [Probably Nash, in Beckley parish.], of Wodepwye*. [Woodperry.], and pure*. [(Water)perry.], Elfelfelde*. [Elsfield.], Ocle*. [Oakley, by Boarstall.], and Horspathe; of Turkedyn*. [Turkdean.], litull Rysynden*. [Rissington.], Treton*. [Tretone, now called Bruerne.], Hampton*. [Hampnett, Glouc.], Tetbury, cherynton, and Heselden*. [Haselton, Glouc.]; of Watlynton, Goryng, Weston by chiltre*. [Chiltre = the Chilterns: and so South|weston in Pirton hundred.], Estcote*. [Ascot, in Great Milton parish, in Thame hundred.] (by Holcombe) of the fee that longeth to þe castell of oxonforde, Euere*. [Iver, Bucks.], and of ayther courte of shyrburn; Ardynton, Page 23 Betrynton*. [Batterton, Berks.], Harewell, ledecumbe, and in Elflynton*. [Elfreton in Welford parish, Berks.] of thre hides and of þe mylle, of Craneforde*. [Cranford in Northts., near Kettering.], leyes*. [Leyes is probably Northleigh, supra.], tenesshe*. [Tenesshe is perhaps Asshe, supra.], Tenyeth*. [Tenyeth (or Peryeth, as in the Latin) is probably Woodperry, supra.]; Haurugge*. [Hawridge, Cotslow hundred, Bucks.], Koleston*. [Coleston- or Colston-Basset, Notts.], Messeworth*. [Marsworth, Cotslow hundred, Bucks.], and clop|pam*. [Clapham, Beds.]; and all þe tithe of þe Demayne of Wolgarcote*. [Marginal note: 'Note for tithes of the demesne of Wulgarcote,' i.e. Wolver|cote.], and in Baldynton*. [Baldon, Oxon.] of thre hides, and in Wauerton*. [Waverton, or Warton, in Leominster parish, Herefordshire.], of þe demayne, of Croftes*. [Croftes seems to be another name for the manor in Waverton, which paid tithe to Oseney.] and Tewycrosse*. [Twycross in Orton-on-the-hill parish, Leicestershire.] ij. parties of all maner tithes, ande in Ibston þe tithe of oon hide, and in Cutlynton*. ['Curtlinton' in the Latin, i.e. Kirt|lington.], þe tithe of j. hide, ande in Cawdewell þe tithe of three ȝerdes. Wherefore I wille and surely charge þat þe chanons of þe foresaide church and pere successours haue and holde, well and in peece, all tenementes londis rentis tithis and possessions þe which þey haue in all þe forsaide maners, and also of me and my eyres or my men may geete in tyme to come, with all liberteis*. [Marginal note: 'Note and marke þe liberties.'] and free customs þe which I euer had or oony of myne aunceturs; and þat pey haue þere courte ffre of here men of all maner transgressions or mysdoynges*. [As usual, the word introduced by 'or' is an alternative English word for the pre|ceding Latinism. The Latin is 'de omni|modis transgressionibus et defaltis.'] ande defautes; and been quyte, bothe they and there tenauntes, of all maner sutes of my cowrte, and of sute of my myllis, and of all demaundis or axynges*. [Latin: 'de omnimodis demandis ex|cepta iustitia mortis et membrorum.'], outetake Justice or ryȝght of deth or of membres. And if þey or there men be amercid agaynst me or myne eyres of*. [Read 'or': 'seu.'] my baylyffs for oony cause, trespas, or forfete, all mercys*. [Marginal note: 'Note for ffynes & amerciamentes, &c.'] and mercymentes and all fynes and all profytes and all outegoynges*. [Latin, 'exitus.'] of pleys þat comen forthe of þem or of þere men shall be of þe chanons selfe, withoute oony agayne-holdyng to me or to myne heyres, weþer hit be for defautes or for oony other cawse. Also I will and charge surely þat þe saide chanons ande þere suc|cessours Page 24 and þere tenauntes haue fre entryng ande goyng oute ande fre commune to þere shepe and hogges and to all here bestes in all my maners, and that þey be not inparked or y-poyned*. ['or y-poyned' is an English equivalent of the preceding word: Latin is merely 'ne possint imparcari.'] but þey be i-founde in open harme; þat*. ['quod si contigerit.'] if hit happen, þey maye receyue þere bestes*. [i.e. out of the pound, on giving surety for payment of damage: cp. nos. 39, 40. The Latin is 'per vadimonium averia sua recipiant.'] and by the syȝght of lawfull men þe harme þat þere bestis haue i-do, owte of my courte, to make to be amendid: and that this my yifte and graunt ande confyrmacion of this charter be Sure and stable for euer, To this wrytyng I haue put to my seele. Thes witnesses, Theobalde archiebisshop of Canterbury, Bisshop of Wircetur Symon, Thurstane*. [Another mark of forgery. Thurstan died 1140. If the charter were genuine, it would have been witnessed by Henry Murdac, archbishop 1147-53.] archiebisshop of Yorke, Robert Bisshop of lyncoln, Gilbert ffilioth Herforde, Henry Doyly and Gilbert his brother, and other.*. [[NOTE.—As far back as Anthony Wood's time (City of Oxford, ii. 190-2) the preceding section of the Oseney Register was felt to be a puzzle, and many of the names in it long remained untraced. The Rev. H. E. Salter, by collation of the original Oseney deeds as well as of the Registers, has solved the problem of the section and identified its names. The 'charter,' he points out, must have been invented after 1191, by tacking together several grants of earlier and later dates, without the least attempt to make them fit in with each other. The charter, by its witnesses, professes to be of date 1149, but Robert Doyly II died seven years before that. The bishop of Lincoln at the foundation of Oseney was Alexander, not Robert. The constructor of the charter may have taken the name Robert either from Alexander's predecessor, Robert Bloet (1093-1123), who during his episcopate seems to have granted a confirmation-charter to St. George's church; or from Alexander's successor, Robert de Chesnei (1147-68), who in 1149 sanctioned the grant, by Henry Doyly I, of St. George's church and its possessions to Oseney. The deed makes Oseney in 1149 possessed of Frees chapel, which in fact was the gift of Thomas of St. Walery about 1191; and of the tithes of Twycross and Warton obtained in 1187-9 by an exchange, which is fully described in the Oseney Cartulary. The list of places is confused by the jumbling together of names taken from different confirmations. Thus, the scribe gives both Perieth and Woodperry, but they are probably the same; so also, probably, Leyes and Northlye; Asshe and Tenesse; Cawdewell (Caldewell) and Goldwell.]]
[22.] A confirmacion off Geffrey of Iuory þe sone of Roger of Iuory off þe Same yifte.
About 1100. Pretended confirma|tion to Ose|ney (about 1249), by Jeffrey of Iveri, joint|patron (nos. 1, 3) of St. George's church, of no 21.
All men knowe that I, Gefferye of Iuorye, grauntid, and with this my present charter con [folio 6a] fermed, to god And to þe Church Page 25 of Saynte marye of Oseney and to þe chanons þere seruyng god, all londis churchis rentis tithis and possessions þey hauen in all my maners, of the yifte of Robert Doyly and the grauntyng of Roger of Iuorye my fadur, in-to pure and perpetuell almes, as þe charters of þe forsaide Robert and roger þe which they haue fully witnysse: and, for that I wyll þe yevyng and graun|tyng of þe forsaide Robert and Roger be sure and stable for euer, with my seele imprentyng this present writyng I haue i-seelid: These witnysse Robert, by þe grace of god Bisshop of lincoln; Robert Doyly þe yungur, et cetera.*. [NOTE.—The charter, as it stands, cannot be genuine, because the Iveri family became extinct about 1110, several years before Oseney was founded. A genuine deed, by which Jeffrey of Iveri confirmed its possessions to the church of St. George, seems to have been adapted to strengthen the forgery (no. 21), by substituting 'Marye of Oseney' for 'George.']
[23.] A confirmacion of Henry Doylly þe ffirst þe Sone*. [MS. has 'the Sone the Sone.' This is a genuine deed, extant as Brit. Mus. Add. Charter 20,361.] of þe saide Robert Doylly his ffadur off þe saide thynges.
A D. 1149. Grant to Oseney, by Henry Doyly I, of St. George's church.
BE hit i-knowe to all trew men of holy church that I, Henry Doylly, with þe consent and grauntyng of my Broþer Gilbert, and with þe counsell of Syre Robert (þe soone of Roger*. [A most misleading slip. The Latin has 'domini Roberti filii regis'; i.e. of lady Edith's son by Henry I.]) my broþer and of my modur and of oder ffrendes and of my men, yefe and graunte, in-to perpetuell almys, for þe sowle of Kyng Henry and for þe sowle of my ffadur Robert Doylly and other kynnesfolkes and of myne aunceturs and for my helth and of my modur and of my brethryn and of oþer of my ffrendes and for þe state and welefare of all þe realme, to þe church of Saynte marye þe which my ffadur fundid in þe Ile þe which is i-called Oseney and to þe chanons in hit seruyng god, my church of Saynte George the which is in þe Castell of Oxonforde, with all thynges þe which ben of my fee and perteynyng to hit, þat is to say, in howses in tithis in playne in woode in ryvers and in ffedynges and in all oþer thynges, with customs & liberteis þe which he*. [Read 'it'; i.e. the church.] helde in þe Page 26 tyme of my aunceturs þe which foundid hit. Wherefore I wille and surely ordeyne þat þe forsayde church of Saynte George*. [A strange error. Latin has, correctly, 'prefata sancte Marie ecclesia'; i.e. Ose|ney.], of þe which my ffadur was foundur and of þe which I am patrone and advocate, This addyng*. ['additamentum.' This 'adding,' really by Henry Doyly I, is attributed to his father in the spurious deed (no. 21).] to þencresyng of my ffadurs almys þe which*. ['quam,' scil. eleemosinam. The refer|ence is to the foundation-gift (no. 12).] be ordeyned þere, hit holde, of me and of all myne heyres and successours, quietly and worschipfully, all exaccion i-put*. ['postposita.'] a-bak, fro this tyme nowe and for Euer Witnesses: Daniell, Abbot of Mussendene; Alurede*. [Alfred, abbot of Dorchester, 1146-63.], Abbot of Dorchester, et cetera.
[24.] A confirmacion of þe same Henry off þe forsaide thynges and off other ȝiftes of his modur.
About 1155. Confirmation to Oseney, by Henry Doyly I (died 1163), of (I) St. George's church; (II) in Hooknorton, I hide of villein|age, ȝ hides of demesneland, & 24 acres meadow; (III) in Claydon, 2 hides of villein|age, of lady Edith's gift (died 1152); ½ hide in ex|change; ½ hide given by Philip Hampton (with surrender of feudal superi|ority); 8 'tilths' given by lady Edith, with a ½ hide and meadow, a croft, and a volate; free pannage, house-bote, hedge-bote, and fire-wood; (IV) In Weston|on-the-Green, 3 yardlands of villeinage, ȝ of demesne-land, of lady Edith's gift; (V) in Water|eaton, Spare|wesaye; (VI) in Walton, 'Twenty acres,' with pasture and other rights; with rights of common pas|ture in all Doyly manors.
BE hit i-knowe to all trew men of holy church that I Henry Doylly, yefe and graunt, and with my charter Conferme, in-to ffre and pure almes, to þe church of God and of Saynte marye his modur and to þe chanons in hit seruyng god (þe which my ffadur foundid in þe Ile þe which is i-called Oseney), þe church of Saynte George, with all thynges perteynyng to hit of my ffee; and in Hokenorton, j. hide of villenage, and Prestfelde and butur|hulle for thre hides, and of þe mede of my lordeship as much as perteyneth to three hides (þat is to say, ij. acre, euerych yerde); In cleydon, ij. hides of villenage, þe which my modur ȝafe to þe same church, and halfe an hide (also of villenage) þe which I ȝafe to þem in-to an Es|chaunge of dj. oon hide (also of villenage) þe which is in Weston, & dj. an hide of þe yifte of philippe of Hampton ande of his wiffe and of his soone, of þe which I clayme nowe quyte to þe sayde church þat þe same philippe and his heyres ofte*. ['debebant.'] to me þere-of, and al-so-much of my lorde|ship as [folio 6b] my fader*. [A slip. Latin has, correctly, mater. 'She' ('ipsa') follows lower down.] yafe to þem (that is to say, Medehulle and Senesham and the redelande and Sibrecrofte and Page 27 Kynges bruggehale and stodefolde and prettesthorn and benetebrech), and dj. an hide þe which was of Geffrey, with þe mede þat she with þe same londes assynyd to þem, And j. crofte and a volate þat Hemmying preste was i-wonyd to haue, and pannage of here owne hogges, and in woode in þe same towne that*. ['quod necesse fuerit domibus et sepibus suis reficiendis, et ad focum faciendum.'] is nede to howsis and hegges to be made and to fyre to be made; In Weston, j. hide and dj. [that is to say], thre ȝerdes of villenage (þat is to say*. [cp. no. 26.], a ȝerde where þe mansion of þe chanons is, and a ȝerde þe which Robert holdeth, [and*. [Added from the Latin.] a yerde the which Herbert holdeth]), and thre yerdes of þe lordeship, as my modur maade to be deliuered to þem; In Eton, Sparewesaye*. [Reserved to the lord in the former grant (no. 12).] for j. hide; and XXti acris of Walton, with men, and medis and ffedynges; and in all my maners pasture for þere owne oxon & þere shepe and hogges commune with myne. Wherefore I wille and surely ordeyn þat þe saide church alle þe forsaide tenures and possessions haue & hold, well and in pece, and worschipfully and fully, with all liberteis and his ffre customs in men in howsis in londis in woode in playne and in all other thynges and placis. Witnyssis, Water of Tywe, et cetera.
[25.] A confirmacion of Henry Doylly þe ij. of his ȝifte aforesaide.
About 1182. Confirma|tion to Oseney, by Henry Doyly II (died 1232), of the grants made, (a) by his grand|father (no. 12); (b) by his father (no. 24); (c) and grand|mother (no. 24). Grant to Oseney, by said Henry Doyly II, of meadow and land near Ose|ney, and a strip of land at Kidlington, Oseney re|linquishing 2 'tilths' at Claydon, no. 24 (III).
BE hit i-knowe to all true men of holy church that I, Henry Doylly þe soone of Henry Doylly, with þe consent and assent of Robert my broþer and with þe counsell of myne free men, grauntid, and with my charter confermed, to the church of saynte marye of Oseney and to þe chanons þere seruyng god, for þe sowles of my predecessours and of myne kynnesfolkes and for my helth and of myne, in-too free and perpetuell almes, all þe yevynges the which Robert*. [Latin: 'Robertus avus meus.'] Beele my ffader maade to þe same church and Edith my Beele moder and Henry my ffader, þat is to say;
Of þe yefte of Robert my Beele Sire (the which þe forsaide Page 28 church founded), all þe forsaide Ile of Oseney, with all dwellynges þe which been of my ffee vppon the weer in the same Ile, and tithynges of þe mylles þe which ben by the castell of oxonforde; and vnder þe wall, j. dwellyng þe which was of Waryne chapeleyne; and þes churches of my ffee, þe church of Cudelyngton, þe church of Weston, þe church of Hokenorton, þe church of Cleydon, þe church of shenston, þe church of chesterton; with-in þe borowgh*. [MS. repeats 'within þe borowgh.'] of oxonforde þe londes þe which helden Engerike, Raymunde, Ailnot, Godwyn þe son*. ['Godwinus filius Edwaker' in the Latin: so the translator did not venture to say 'the son of Edwarcher.'] Edwacher, ermenolde, Godwyne Nicuma, Swetyng Cadica, Rauenyng, Segryne by the Wall, Henry Corueser, leofwyn Haltyng*. ['Leofwinus claudus.'], Godwyn money maker, Brythrik money maker, Godrik, William, Raph Backster*. ['pistor.'], leofwyne Budda, Geffrey Miller; and*. ['et duas solidatas redditus quas.'] ij. s. þe which helde fromunde chapeleyne, and þe tithyng of Nicoll of Stodeham the which þe same ffromunde helde; and Eton all þe towne in þe lordeschip and villenage and free fee (oute-take þe mylle, and Sparwesaye); within Hokenorton, dj. an hide þe which was off Hugh ffraunceys, and j. ȝerde londe þe which helde Morice.
Of þe yifte of Henry my ffadur, þe church of Seynte George, with all thynges þe which [folio 7a] longe to hit of my ffee; þe church of Watlynton; In Hokenorton, j. hide of villenage, and prest|felde*. [The Latin adds 'et Buterhull.'], and of þe mede of the lordeschip al-so-muche as longeth to thre hides (that is to say, two acris to euery ȝerde); In Eton, sparewesay; and XXti acris*. [Marginal note: 'Note: XXti acres of Walton with men & meades and fedinges to the same.'] of Walton, with men & medes and ffedynges longyng to þe same.
Of þe yifte of my Bele Dame Edithe also, and of my ffadur, in Cleydon, ij. hides and dj. ande of þe lordeschip of the same towne Suenesham and the redelande and Sibcrofte and Kynges bruggehale and Stodefolde and Benet breche, and dj. hide þe which was of Geffrey with a mede þe which perteyneth to þe same londes, and j. crofte and a volate*. ['Et unam croftam et volatam.'] the*. [Probably 'the [which] Hemming,' but 'the' by itself is found in this MS. as a relative. Latin has 'quam Hemmingus presbiter solebat habere.'] Hemimnyng preste was i-woned to have, and pannage of here owne hogges, and in Page 29 the woode of þe same towne that is nede to them to howses and hegges to be i-made and to be ffire to be made; In Weston j. hide and dj. [that is to say] iij. ȝerdes of villenage (that is to say, j. ȝerde where þe dwellyng of þe chanons is, and a ȝerde þat Robert holdeth [and a yerde that Herbert holdeth*. [Added from the Latin.]]), and thre ȝerdes of þe lordeschip, with the mede; and in all my maners commune pasture to þere owne oxon [and to their sheep*. [Added from the Latin.]], and to þere hogges, with myne.
Ffurþermore, I haue i-ȝefe to þe forsaide chanons in-to Encresyng*. ['in augmentum.'], for þe sowle of my ffadurs and modurs*. ['pro animabus parentum.'] and for myne helth and of myne, all my mede þe which is at þe west of here courte of osney (now*. [The bracketed words are a later ex|planation. In the Latin they occur as a marginal note.] hit is i-called ffullyngmylleham*. [Name noted in the margin.] and þe hurst*. [Name noted in the margin.] with þe mede lying þere-to), in-to perpetuell almys, ffre and quite for all seruice, and purpresture*. [Name noted in the margin.] of here Gardeyne of Cudelynton; and þe chanons quite-claymed to me two telthis in Cleydon, that is to say, Medehalle and prestes|thorn, þe which þey claymed agaynste me of þe ȝifte of my Beledame and of my ffadur.
This grauntyng and ȝevyng and confirmacion I made with þe wille and assent of Robert my broþer and with þe counsell of my ffre men, and vppon þe Auter of saynte marye in þe forsaide church of Oseney I offerid, and my body to be i-beried after my deth I vowid. Wherfore I will that þe forsaide church and chanons alle þe fornamed thynges haue and holde for euer as ffrely and quietly fro all seruice þat to me or myne eyres perteyneth as oony of my predecessores helde þem most fre and most quietly whanne þey were in my lordeschip These witnesses, Robert my Broder*. ['Roberto de Witefeld tunc vicecomite Oxenefordie' follows in the Latin. Robert of Witefeld was sheriff from Easter 1182 to Easter 1185: List of Sheriffs (Publ. Rec. Office, 1898).], et cetera.
[26.] A confirmacion of Robert Bisshop of lincoln of þe fforsaide thynges and of Bladen and Midlee and of oþer ȝiftis of þemperice and off oþer.
About 1158. Confirma|tion to Oseney, by Robert of Chesney (bp. of Lin|coln 1148-66), of ten churches in his diocese; of Robert Doyly II's gift (no. 12); of Henry Doyly I's gift (no. 24); of king Stephen's gift (no. 14); and, of new acquisi|tions, of the lock (59, 61), and lands near Oseney; also, con|firmation of dowager queen Alice's gift (no. 83); of Langney (14), and Medley (69); of lands in Oxford (14, 18) and elsewhere; and, ofnew, lands in Foresthill, Watling|ton, Cote, Bletching|don, Ful|broke (in Hogshaw, Bucks).
ROBERT, By the grace of God, Bisshop of lincoln et cetera. Wherefore we, ȝevyng lyȝght assent to þe ryȝghtfull prayers of owr moste Page 30 Dere soone Wigoode Abbot*. [See n. 7, p. 13.] of Oseney ande of his Brethryn, the church of Saynte marye in þe which þey be i-ȝeve to goddis seruice, [the which] in þe Ile the which is i-callid Oseney was i-foundid and made, with all thynges with-inne the costis to yowr parisshe perteynyng, vndur þe Defence of Saynt mary and owre we take, and with þese letters we make hit strong: in the which, these thynges to be i-schewed we have avised in here owne names, that is to say:
Þe church of Saynte George, with all his holenysse*. ['cum omni integritate sua.']; þe church of Cudelinton, þe church of Weston, þe church of Hokenorton, þe church of Cleydon, þe church of Chesterton, þe church of Watelinton, þe church of Stanys, þe church of Cowley, and þe chapell of fforsthull; and all that was of Robert Doylly founder of this church, and of Henry his sone, in Oseney, with all Dwellynges þe which been vppon the were of þe Milles, and all þe londe þat þey had withinne þe Borowgh of Oxonforde; And all Eton*. [Name noted in margin.], with all þynges to hit [folio 7b] per|teynyng (but þe Mille); and in Hokenorton, dj. hide þe which was of Hugh ffraunceys, and j. ȝerdelonde þe which was of Morice; þere also j. hide of londe with iiij. men of Warlande*. ['cum quattuor hominibus de War|land.'], and of þe lordeship prestesfelde and buturhull, and of þe mede of þe lordschip al-so-muche as longeth to iij. hides; In Weston iij. ȝerdes of londe of Warlant*. [Sic: and so also in the Latin.] and iij. of þe lordeschip with þe mede; In cleydon, ij. hides of Warlant, and vj. of Cotlane*. [Read 'and vi. cotlands.' Latin has '& sex cotlanz.' A cotagium or cotland was 2 acres, or 4 acres, attached to a cottar's house.], and of þe lordeship prestesthorn and benetbrech and stodeforde and in a-noþer felde Medelham with þe mede in þe hedis, of*. [Omit 'of.' Latin 'le Redeland.'] Redelande and Sibcrofte and Kynges bruggehale; and xxti Acris*. [Marginal note: 'the prebend of peue|rell; xxte acres in Walton, with meades & fedinges. Note.'] in Walton, with medys and ffedynges; and ij. s. of Rent þe which ffromunde Chapeleyne helde, and þe tithe of Nichol of Stodeham;
And of Kyng Henry and of themperice, a prebende þe which was of peuerell of lx. s., and with-inne þe borowgh of Oxon|forde iij.*. ['v. s.' in the Latin, and in nos. 14, 18.] s. v. d. ob. qua. of viij. ȝerdes of þe Kynge, and þe lok*. [Marginal note: 'The locke.']Page 31 or goter þat Hildewyn helde þe which was of Henry Costentine, and þe londe þe which was of Geffray and William Brethryn*. ['fratrum.'], and þe londe þe which was of Theodorike le bere, and þe lond þe which was of Godefrey at seynte Judook*. ['apud sanctum Buoc' in the Latin.], and þe londe þe which was of Nigelle of Gardeyne, and þere-by þe londe the which Hisumwharde helde;
And of þe ȝifte of quene Adelide, and grauntyng of them|perice, j. hide by þe brygge of Bladone, with the lordeship and þe mede;
And þe*. [Marginal note: 'the Ile of Langney & Mydley: note.'] Ile of langeneye, of þe ȝifte of Geffrey Chamburleyne and of themperice; and a-noþer Ile of Mideley, of þe ȝifte of þe Citecyns of oxonford; and j. dwellyng by the northe ȝate of þe ȝifte of Robert ffolioth; and þe londe þe which Raph ffiȝt sywarde ȝafe; and þe londe þat Elue*. ['Alueua.'] pulcyn yafe; And, of þe ȝifte of Hugh Tywe*. [The English is here confused. The Latin shows that it should run 'Of the gift of Hugh of Tew, in Forsthull, two hides; in Burton, two hides; in Cleydon. . .' In the English one clause is brought in too late; the other dropt out. The places are Foresthill, near Wheatley; Blackbourton, near Bampton.]; In Cleydon, of þe ȝifte of philip Hampton, dj. hide; In fforsthull, ij. hides; In Watlynton, of þe ȝifte of Halinalde of Bidun, j. ȝerde of londe of þe lordeship; In cote þe which is a membur of Cudelinton, j. hide of þe ȝifte of Raph Bretun; In blechesdon, of þe ȝifte of Raph amary, j. ȝerde of londe of þe lordship and anoþer of Warlonde; of þe ȝifte of Wigan, in ffulebrok, j. hide of londe:
Sauyng þe dignite of þe church of lincoln. þerfore of this our confirmacion, et cetera. ut supra.
[27.] A confirmacion of Moolde themperice of þe church of Seynte George with all his pertinences.
A.D. 1149. Confirma|tion to Oseney, by Maud, em|press, of St. George's church, with its belongings (as after|wards transferred to Oseney, no. 23, by Henry Doyly I), with full manorial jurisdic|tion.
MOOLDE, themperice, Kyng Henry dowȝghter, and lady of yngelonde, to Archiebisshops Bisshops Abbotes Erles Barons shreves Mynsters and all here men, ffrenshe and English, of all Englonde, helth. Know ȝe me to have i-graunted, and con|fermed, to god and saynte Mary of Oseney and to þe Prior and to þe chanons þere seruyng god, in-to perpetuell almys, for the Page 32 helth of my lorde and myne and our ffre children*. ['ffre children' occurs several times: a mis-rendering of 'liberorum nostrorum'.] and for þe sowle of Kyng Henry my ffadur and ffor þe sowle of quene Moolde my modur and of owr oþer aunceturs, þe church of Saynte George þe which is in þe castell of Oxonford, with all his pertinences: þat is to say, the church of Saynte Mary mawdelen þe which is in þe strete with-oute þe northȝate, and þe londe of Walton of bothe parte*. [Marginal notes: 'Walton on Euery side of þe wey as the goo from Walton to the Castell.' 'the same was parcell of the prebend of Peuerell.'] of þe weye*. ['ex utraque parte vie per quam itur de Waltona.'] by þe which hit is i-goo fro Walton to þe castell as Waltere Archedecon helde hit, and þe londe of Cudeslawe, and of Covelay*. [Marginal notes: 'Cowley.' 'Note the lande in Cowley with the churche & ffredoms.'] (with þe church), And þe londe of stowe and of morton (with þe church and þe chapell), and þe londe of Worton, and of Saunforde, and ij. hides of Ernycot, with all oþer thynges to þe forsaide church of Saynte George perteynyng in tithis in men [in lands*. [Added from the Latin.]] in howses and Medis and ffedynges in woode and in playne, as þe forsaide church helde fro þe tyme of them þe which foundid hit, and as Hemy Doylly and John of seynte [folio 8a] John*. [The family of St. John had succeeded the Iveri family (nos. 3, 22) as co-patrons of St. George's church. The grant of John de St. John is not given in the cartulary, but is extant as Brit. Mus. Add. Charter 20, 360.] grauntid and with þere seeles confermed. Wherefore I will and Surely commaunde þat þe forsaide church and chanons the forsaide tenauntries haue and holde, well and in pece, and worschipfully ffrely and quietly, with sock and sack, tol and theam, and Infangenthef, with all other customs and fredoms*. [Marginal note: 'the fredoms.'] þe which þey had in the tyme off Kyng Henry my fadur. Witnesses:—Robert*. [Robert, Henry Doyly's half-brother, was son of Edith Forne by Henry I. Wood (City of Oxford, i. 277) wrongly identifies him with Robert (Consul or 'de Caen'), earl of Gloucester, who died 1147. Joscelyn of Bailol is another witness; he was consecrated bishop of Sarum in 1142. The place is Devizes.] þe sone of þe Kyng my broþer.
About 1158. Confirma|tion by Henry II.
Henry*. [Marginal note: 'Henry the second.' The place is Salisbury. One witness is Thomas [Becket], chancellor.], Kyng of Inglonde, Duke of Normandy and Gyen, And Erle of Angye, euyn like to þe charter of themperice afore i-write of þe forsaide ȝiftes, et cetera.
[29.] A confirmacion of Robert Belnet*. [Read 'de Chesneto,' bishop 1148-66. The error arose from an erroneous addition 'Bluet,' by a later hand, in the endorsement of the original charter, now in Christ Church Treasury.], Bisshop of lincoln, of þe church of Seynte George with his pertinences.
About 1150. Confirma|tion to Oseney, by the diocesan, of St. George's church and its pro|perty, as granted by Henry Doyly I (no. 23), subject to the life|interests of the Secular Canons in their 'pre|bends,' and to the mainten|ance for ever of a two-priest chantry for Robert Doyly I.
ROBERT, by þe grace of god Bisshop of lincoln, et cetera. Wherefore we, grauntyng to þe Axynges of owre most dere Children chanons þat is to say of Oseney, graunte and with this present writyng in-to perpetuell almes conferme, to þem and to þe monastery in þe which þey ben i-sett to goddis seruice, þe church of Seynte George þe which is i-sett in the castell of oxonford, with all tenauntries and possessions to þe same church perteynyng, þat is to say, in churchis in tithis in men in howses in londes In waters in Medis and pasturs in woode in playne and in all oþer thynges, with all customs and liberteis þe which þe same church of Saynte George had in þe tyme of our aunceturs þe which founde*. [Read 'founded': 'fundauerunt.'] hit, þat is to say, in that ordre þat, after þe decese of þe clerkes the which now ben lordes to þe possessions, þe same possessions and rentes with all holenesse shall go in-to þe vsis and þe lordeship of the Brethrin nowe of þe saide church of Oseney, so, notwithstandyng*. [Marginal note: 'Take hede & be ware.'], þat of þe same Benefices so moch schall be reserued and keped to þe seruice of now þe saide church of Saynt George*. [For this chantry see Wood's City of Oxford, ii. 184.], after þe Disposicion of vs and of þe patrone and prelate of þe monastery of þe reguler clerkes (þat*. [Interpolated explanation. Not in the Latin.] is to say, of þe chanons), whereof two prestes may be susteyned. Þerefore of this our ordeynyng trobelers, we denunce them i-cursed; And þe conseruatours and kepers, to haue goddis blesshyng and our. Amen.
[30.] A confirmacion*. [Marginal note: 'Ricardus Ius.'] of Kyng Ricarde Corþelion of þe firedoms of Shires and Hundredes.
1189, Nov. 12. Confirma|tion to Oseney, by Richard I, of exemp|tion from certain king's courts and taxes, as in no. 13.
RICARDUS, by þe grace of god Kyng of Inglonde, Duke of Normandy and of Gyen, and Erle of Aungie, to Archiebisspos*. [Sic.], et cetera, and to Erles Barons Justices Shrefes Mynsters Ballyffys and to all his true men of Inglonde helth. We commaunde þat alle Page 34 þe londe and men of thabbot and chanons of Oseney be quite and lose*. ['soluti.'] and ffree*. [Marginal note: 'A grete fredome.'] of shires and hundredis and of wardes and commune pleys*. ['placitis.'] & quarels and all oþer þynges, oute-take murther and thefte i-preuede. And we forbede þat vppon þat ye do not to þem or to oþer*. [Read 'þer': 'suis.'] men wronge despite or grevaunce or þat ȝe suffur to be do them of oony men. Witnesses*. [William of Longchamp, Chancellor, Nov. 12, at Westminster. The year is not given.], et cetera.
[31.] A confirmacion of Kyng John of þe church of Seynte George with his pertinences.
1199, June 16. Confirma|tion to Oseney, by king John, of St. George's church (no. 23), as in nos. 27, and 28; with ex|emptionsas in no. 13.
JOHN, by þe grace of god Kyng of Inglonde, lorde of Irlonde, Duke of Normandy and of Gien, and Erle of Aungie, to Archie|bisshops bissphos*. [Sic.] Abbotes Erles Barons Justices Shreves Revys and to all Baylyffes and to his true men helth. Knowe ȝe me to haue [folio 8b] i-graunted, and confermed, to þe church of god and of Saynte Marye of Oseney and to þabbot and chanons þere seruyng god, for our helth and of oures, in-to perpetuell almes, and for þe sowle of Kyng Henry beelesire of my ffadur and for þe sowle of Kyng Henry oure ffadur and of oþer kynnesfolkes, þe church of Saynte George þe which is i-set in þe castell of Oxonford, with all his pertinences, þat is to say þe church of Saynte Mary Mawdelen þe which is in þe strete with-oute þe Northȝate, and þe londe of Walton*. [Marginal note: 'Walton.'] of both sides of þe waye by þe which men goth fro Walton to þe castell (as Walter Archedecon hit helde), and þe londe of Cudeslawe, and of Couelay (with þe church), and þe londe of Stowe and of Morton (with þe church and Chapell), And þe londe of Worton, and of Sanforde, and ij. hides of Ernycote, with all other þynges to þe same church perteynyng, In tithis In men In howses In londes And Medes and ffedynges In woode In playne, As þe forsaide church held fro þe tyme of þem þe which hit foundid and as þe Modur of our ffadur the lady themperice and Kyng Henry our fadur hit to þem graunted and with his charter confermed. Wherefore we will and Surely commaunde þat þe forsaide church and Chanons þe forsaide holdes*. ['predictas tenaturas.'] have Page 35 and holde, well and In pece and worschipfully, frely and quietly, with*. [Marginal note: 'Lybertyes.'] sock and sack, tol and theam, and Infangenthefe, and with all other liberteys and customs þe which þey had in þe tyme of Henry beelsire of our fadur and in þe tyme of Kyng Henry our fadur. Witnesses, et cetera. At*. [Read 'W. London., G. Roffense, epi|scopis,' &c. The place is Hadloo. The Latin gives the date.] london.
[32.] A confirmacion of Kyng*. [For Henry 'III': see note to no. 33.] Henry þe iiij. of the liberteis and of þe church of Seynte George and oþer thynges.
1235, April 2, Confirma|tion to Oseney, by Henry III, of no. 12, of no. 23, and of land, newly ac|quired, in Marsh Gibbon: also con|firmation of exemp|tions, and of juris|diction, as in no. 13.
HENRY, by þe grace of god Kyng of Inglonde, lorde of Irlonde, et cetera. Knowe ȝe me to haue, for god sake, i-graunted and with this our Charter confermed, for vs and our heyres, to god and to þe church of Saynte Marye of Osneye and to þabbot and chanons in þe same place seruyng god, all or*. [Sic, probably for 'all þe yiftes or yev|ynges.' Latin is 'omnes donationes sub|scriptas.'] yiftes yevynges vndur-write, þat is to say, of þe ȝefte of Robert Doylly, the Ile of Osneye, with all his pertinences, and all men and londes þe which he had in his lordeship within þe borowgh of Oxonforde, with his pertinences; of þe yifte of Henry Doylly, þe church of Saynte George the which is i-sette in the castell of oxonford, with all thynges þe which been of his fee, þe which to þe same church perteynen; of þe ȝefte of Master Geffrey Gibwyn, all his londe in þe town of Mersche, with all his pertenences: to be had and to be holde, to þe same Abbot and chanons and to here successours, in-to perpetuell almes. And þat þey haue and holde þe ffredoms þe which Henry the Kyng of Inglonde beelsire of Kyng Henry our beelsire, And also þe same Henry Kyng, graunted to þem by his Charters, that is to say, þat þey and all here tenementes and here men been quite*. [Marginal note: 'Note the fredoms of this Monasteri.'] of Shires and hundredes and wardes and daneȝeldes and commune pleis and all oþer exaccions and quarels, outetake murther & thefte i-preued; with sock and sack, tol and them, and Infangenthefe, as þe chartors [*. [Added from the Latin.]of the] aforesaide Kynges of Inglonde our predecessours and of oþer yevers aforsaide, [þe*. [Added from the Latin.] which þe aforesaide abbot and chanons haue of them, in] Page 36 þe which þe forsaide yevynges fredoms and quitynges fully ben conteyned, resonably witnyssen. [folio 9a] Wherefore we will and surely commaunde, for vs and our heyres, that þe forsaide Abbot & chanons and þer successours foreuer haue and holde and*. [By a slip for 'all': 'omnes predictas terras.'] þe forsaide londis and þe forsaide tenementes with all here per|tenences, and that they haue þe forsaide fredoms and quiet|ynges*. ['quietancias.'] well and In peece, frely and quietly, fully and worschip|fully, in-to perpetuell almes, with all fredoms and fre customs to them perteynyng as hit is i-saide before. These*. [The Latin supplies the date.] wit|nesses, et cetera.
[33.] Grauntyng and confermyng beste*. [Latin order: 'confirmacio optima.'] of Kyng*. [This frequently repeated reckoning of Henry, King of England 1216-72, as Henry 'IV,' comes from taking into the list as Henry 'III', Henry (eldest son of Henry II), crowned at Westminster 1170, died 1183. The words 'not Derby' show that the translator adequately distinguished the grantor of this charter from Henry, King of England 1399-1413 (Henry IV), who was styled 'earl of Derby' from 1380, during the lifetime of his father John 'of Gaunt,' Duke of Lancaster, who had mar|ried the heiress of Henry Plantagenet (died 1361), Earl of Derby.] Henry the iiij. not Derby, vppon þe grete charter*. [i.e. the spurious no. 21, invented after 1235 (no. 32), and now, 1267, accepted as genuine. See no. 38.] and oþer ffredoms.
1266/7, Jan. 23. Henry III, recites no. 21, viz. Robert Doyly II's pretended grant to Oseney, of Oseney island, &c. and of St. George's church, and confirms it. He also confirms exemptions as in no. 13. Grant of ex|emption from view of frank|pledge and sheriff's tourns throughout England; and of freedom of their woods, if within the royal forests, from control of the foresters, subject only to making good wilful 'waste' by sentence of the assise of the forest. Confirma|tion of their forest rights in Hildesden, Forest|hill, and Stowe, Oxon.
HENRY, by the grace of god Kyng of Inglonde, lorde of Irlonde, and Duke of Gyen, to Archiebisshops Bisshops Abbotes priors Erles Barons Justices Shreves Revys Minsters & to all Bayleffes and to his true men helth. We have i-see þe charter þe which sometyme Robert Doylly maade to god and to saynte Marye and to þe chanons of Oseney In thes wordes:
Be hit i-know to all cristen men that I, Robert Doylly, willyng and grauntyng Edithe my wiffe and my soones Henry and Gilbert, yeve and graunt, in-to pure & perpetuell Almes, to þe church of god and of saynte marye his modur and to þe chanons regulers in hit seruyng god þe which I (counsellyng and confermyng Robert by the grace of god Bisshop of lincoln) foundid in þe Ile þe which is i-called Oseney, for þe helth of þe Kyng and þe welth of all þe Reame and also for my helth and of my wiffe and of my soones, of kynnesfolkes, and of our frendes, all that is myne In the forsaide Ile, with all dwellynges þe which I had vppon þe were the which is of myne Milles, Page 37 and all that I hadd in the Borowghe of Oxonforde or in þe Subarbes, and þe church of seynte George the which is i-set in the castell of oxonforde, with all churches and chapels, londes Rentes tenementes tithis and possessions and oþer thynges to þe saide church of saynte George perteynyng, þat is to say, the church of saynte Marye Mawdelen þe which is i-set in þe subarbes of oxonforde, and oþer thynges as þey ben i-conteyned in the saide charter of Robert Doylly, the which is þe first of this title: and þese witnesses.
Addicion of the Kyng to þe forsaide thynges, saying: We truly þe forsaide yevyng, and grauntyng hauyng ferme and lefe*. ['ratas habentes et gratas.'], them, for vs and our heyres, [*. [Added from the Latin.]grant, and confirm . . . Besides, we have granted for us and our heyres] to god and seynte Marye of Oseney and to þabbot and chanons þere seruyng god and for euer to serue, that þey as to alle here demaynys londes*. ['quoad omnes dominicas terras.'] and tenementes be quite for euer of all maner sutes of Shires and Hundredes and of our oþer courtes, and that thabbot aforesaide and [his] successours be quite*. [Marginal notes: 'Nota well this priuelege.' 'Nota for þe lawe day quite thorowgh þe Reame.' The part of the char|ter from this point to the foot of the page is emphasized by a marginal line, and out|side it 'nota.'] for euer fro lawe day*. ['de visu franci plegii.'] in euery place in oure reame, And also of turnys of schreuys, [*. [Added from the Latin.]whether by our sheriffs] or by our bayllyffes, in what-so-euer places þey be holde. We haue i-grauntid also, for vs and our eyres, to þabbot and chanons aforsaide that they foreuer, of here wodes*. [Marginal note: 'Nota fredom of þe forest.'] beyng within þe bondes*. ['infra metas.'] of our forest in þe shire of oxonforde and of Buckynham, frely and with-oute vywe and Deliueryng and daunger of þe forsters or verders or of our ony oþer Baylyffes, maye take and carye here storys*. ['estovers': 'estoveria.'], with-oute occasion and lette, with-oute waste or destruccion or copies*. [Read 'coppice'; i.e. disforesting the ground. Latin: 'absque vasto seu destru|ctione vel assartis inde faciendis.'] therof to be i-made, so that if wast*. [Read 'coppice'; i.e. disforesting the ground. Latin: 'absque vasto seu destru|ctione vel assartis inde faciendis.'] or Destruccion þerof þey make by sellyng, or in oþer-wise, therof they be i-punysshed after þassise of our forest, savyng naþeles to thabbot and to þe forsaide chanons, in all and þorowgh all, þere fredoms [folio 9b] þe Page 38 which þey haue by the charter of worthy remembraunce of lorde John sumtyme Kyng of Inglonde our fadur, of þere wodes*. [Marginal note: 'Nota Hildesden by Kyng John charter afore.' Hildesden was in Forest-hill parish, but held of the royal manor of Brill, Bucks (Rotul. Hundred. i. 22, col. I).] of Hildesden in the forsaide shire, and sauyng to þem here parkes and groves of fforsthull*. [Names noted in the margin.] and stow*. [Names noted in the margin.] i-closed, with ffredom and quietyng the which in þe same hiderto þey have i-woned to haue. These witnesses et cetera. þe date, et cetera.
[34.] A confirmacion of Theobalde Archiebisshop of Caunterbury of all owr Goodes.
About 1150. Confirma|tion to Oseney, by archbishop Theobald, of all their estates, present and to be acquired. Anathema against injurers.
THEOBALDE, By the grace of god Archiebisshop of Caunter|bery, and of all Inglonde primate, & popis legate, to brodur Wigoode prior of Osney helth, et cetera. To ryȝghtfull peticions et cetera. we ȝevyng assent, all churchis and londes and tithis and howse rentes*. ['domorum redditus.'] and all thynges þe which the church of Saynte Marye, to þe which þou art hede (by the help of god), lawfully hath i-purchased*. ['adepta est.'], or in tyme to be by ryȝghtfull wysys*. ['iustis modis.'] may be i-purchased, with this present writyng we conferme hit, and by the autorite of þe office that we haue we make hit strong, pluckers awey of them, and pullers*. ['et distractores.'], afore þe sete of þe euer|lastyng Jugge to be i-dampned we denunce, and fro this present churche we sequestre them but þey leve and with meke satis|faccion cristes patrimonye be besy to reforme hit; and to þe kepers peece be of our lorde Ihesu criste þe which when he was riche for vs was i-made powre þat he wolde make vs riche whith his pouerte and wolde hele with his infirmite*. [The general absence of rubrics from this point indicates that the treatise was never brought to a conclusion.].
About 1163. Confirma|tion to Ose|ney, by archbishop Thomas Becket, of St. George's church and its property, as in no. 26. Anathema against violators.
THOMAS, By the grace of god Archiebisshop of Cauntur|berye, and of all Inglonde primate, and popis legate, to all true men of our holy modur the church þorowgh Inglonde beyng, both now and to be, both clerkes and laye men, helth and blesshyng. Of the office i-committid to vs, to þe peticions which we knowe to perteyne to þe Encresyng of religion, lyȝht*. ['Admonemur . . . facilem ac benignum prebere assensum.' Notice how the slavish following of the Latin order darkens the English. 'We be "constered" . . to grant light and benign assent' is meant.]Page 39 and benynge to graunt assent we ben constered. Wherefore of our most dere soonys (chanons, that is to say, of Seynte marye of Oseney) we*. ['piis postulationibus annuentes.'] grauntyng to þere meke axinges, graunte, and with this present writyng in-to perpetuell almes conferme, to them and to þe monasterj, in the which þey ben i-ȝeve to goddis seruice, the church of Seynte George þe which is i-sett in the castell of oxonforde, with all tenauntries and possessions and with all thynges to þe same church perteyning, In tithis In londis In men In fredoms and in all other rentes, as our worschipfull broþer [Robert*. [Added from the Latin.]] bisshop of lincoln to þem grauntid, with þe wilfull*. ['unanimi consensu.'] consent of þe Kyng and of the Aduocates of the same church, and with his charter confermed, þe which with owr hyes we saw, and as his charter witnessith. Of this our confirmacion trowblers we denunce the perell of dampnacion to be wyȝthe them, And to the kepers of hit goddis blesshyng and our haue. ffare ye well.
About 1155? Letter of archbishop Theobald, ordering due pay|ment of tithes to Oseney, on pain of excom|munica|tion,
THOMAS*. [Marginal note: 'Nota and marke this letter & execute hit.' The beginning in the Latin is 'T. dei gracia': the en|dorsement was originally 'T. Cantuariensis,' but a later hand prefixed 'Sci.' The Rubric in the Latin takes up the error: 'Item littera eiusdem Sancti Thome.' The original deed in Christ Church Treasury has preserved its seal, which is that of Theobald. I owe all this information to the Rev. H. Salter.], By the grace of god Archiebisshop of Cauntur|bury, of all Inglonde primate, and popes legate, to all Bisshops Archedecons and prestis, In whoos powre and parish been tithis to þe church of Seynte Marie of Oseney perteynyng, helth. Owre mooste dere soonys chanons of Oseneye have i-playned to vs summe tithis to the ryght of þere church longyng, agaynste ryȝght, of summe men to be with-holde. therfore be this wry [folio 10a] tyng we chargh ȝow that ȝe call them streytly þe which holde the ryȝght of the forsaide church and ster*. ['admoneatis.'] them that þey hooly restore þem. And if they will not restore, restreyne ye þe same fro the brynkes [or] bondis*. ['brinks or bounds' is the usual alter|native rendering of one Latin word: 'a limitibus sancte ecclesie.'] of þe church*. [MS. repeats 'of þe church.'], ffare ȝe well.
About 1195. Confirma|tion to Oseney, by the bishop of Lincoln, the dioce|san, of their property, especially their churches, viz. five of the foun|der's gift (no. 12); also of St. George's (no. 23); St. Mary Magdalene; Stowe; Cowley; Iffley; Watling|ton; Stone, with Southcote; Forest-hill; Water|perry; Hampton Gay; Steeple Barton, with Sand|ford St. Martin and Ledwell; Black|bourton.
To all cristen men to þe which this present wrytyng shall come, Hugh*. ['Confirmatio sancti Hugonis' in the Latin.], By the grace of god Bisshop of lincoln, helth Page 40 and goddis blesshyng. Peticions, et cetera. ffor this cawse, of our most dere brethryn, Abbot and chanons of the church of seynte Marye of Oseney, we to þere ryȝghtfull axinges grauntyng*. ['graunting' = assenting: 'annuentes.'], þem and þere monastery in the which þey ben i-ȝefe to goddis seruice vndur the proteccion of god and of the holy church of lincoln and our we take: possessions also and rentes, and namely*. ['precipue.'] churchys or chapells with vicarages [and tithes*. [Added from the Latin.]] and other thynges to them perteynyng þe which in þe bisshoprich of lincoln þe same brethryn resonably haue i-purchasyd, to them By the auctorite that we haue [we] conferme. In the which, þese to be i-schewed in there owne names wee*. ['duximus.'] have a-vised:—
Of the yfte of Robert Doylly of the forsaide monastery fundar and also off Henry Doylly the ffirste and of Henry Doylly and Robert the soones of hym, the churches*. [The names of 18 churches and chapels are noted in the margin, in the same order as in the text, 'Iveteleye' being left out.] of Cudelynton, of Weston, of Cleydon, of Hokenorton, of chesterton;
Also of Henry Doylly the firste and of Henry and Robert the soonys of hym and also of the yifte of John of Seynte John and of Bernarde of Seynte Walerye and of Bernarde his soone and principally of Moolde themperice and of here soone Kyng Henry þe secunde, the church of Seynte George þe which is i-sett in the castell of oxonforde, with the church of Seynte Marye Mawdelen, and the churchis of stowe, of Coveleye, and Iueteleye*. [In the English MS. the first letter or letters of this name are vaguely formed, and might be either Ine or Me, as though the writer felt doubtful of the name. In the Latin it is 'Iuetele,' i.e. Iffley (Ifteley or Yefteley).], and with all oþer to þe church of seynte george pertinences, sauyng the composicion i-maade bytwene the church of Oseney and Robert of Seynte Remye vppon the church of Iueteleye*. [In the English MS. the first letter or letters of this name are vaguely formed, and might be either Ine or Me, as though the writer felt doubtful of the name. In the Latin it is 'Iuetele,' i.e. Iffley (Ifteley or Yefteley).] the which for-asmuch that we wille hit to be Sure with this writyng we conferme hit.
Also of the yifte of Henry Doylly the ffirst and of Henry and Robert his soonys and also of the yifte of Halinalde of Bidun and of William Paganell and sare his wiffe, the church of Watlynton;
Of þe yifte of William Bracy and of gilbert his soone, the church of Stanes, with the chapell of Suthcote; Page 41
Of the yifte of [Hugh of] Tywe, the chapell of fforsthull, sauyng þe composicion*. [See the Latin text in Wigram's Cartu|lary of St. Frideswide's, ii. 199.] i-maade Bitwene the church of Oseneye and the church of seynte ffrideswith vppon the same chapell;
Of the yifte of William fyȝht Elie and of Emme his wiffe and of William þere soone, the church of Waterperye;
Of the yifte of Robert Gayti, þe church of Hampton gayte;
Of the ȝifte of Roger of seynte John and of William his broþer, þe church of Barton, with the chapell of Saunforde and of ledewell;
And of þe yifte of Raph Murdac and Hugh of Burton, þe chapell of Burton.
Þerfore we wille and sadly*. ['firmiter.'] ordeyne that now the seyde church and Brethryn of Oseney all the fornamed thynges frely and holy foreuer have and be possessed, sauyng the bisshopis customs and the Digniteis of the church of lincoln. And that this our confermyng, et cetera.
1259, June 23. Confirma|tion to Oseney, by the diocesan, of St. George's church; St. Mary Magda|lene.
To all soones of our hooly modur the church to þe which this present writyng schall come, et cetera. Richard*. [Richard of Gravesend, bishop of Lin|coln 1258-81. This confirmation appears to be one of the deeds which were used in the fabrication of no. 21. It brings in tithe of a hide in Cassington, not hitherto mentioned.], by the Mercy of god Bisshop of lincoln, euerlastyng helth in owr lorde. Knowe ȝe all þat we, of the consent and will of our loued soone, Robert*. [Robert de Mariscis, dean of Lincoln 1258-60.], Deen, and of the chapiter of lin [folio 10b] coln, for goddis sake, we graunte, and By the bisshops auctorite we conferme, to the church of seynte Marye of Oseney and to the chanons there seruyng god, the church of seynte George þe which is i-sett in the castell of oxonford, with all his Integrite or holenysse, and with all his pertinences and particlis in the seyde diocese beyng or i-sett, In tithis Rentes londis and þere possessions and in all oþer thynges and places to the same sayde church perteynyng; in-to þere owne vsys for euer to be had and to be possessed and*. [Alternative rendering: 'et conver|tenda.'] to be conuertid or turnyd: In the which, þese in here own names we will expresse, that is to say, the church of seynte Marye Mawdelen þe which is i-sett in the strete withoute þe Page 42 Northȝate of Oxonforde, and iij. hides of londe of Walton, with þe tithis of the same londe; and the londe of Cudeslawe; and the londe of Coveley, with the church; and the londe of stowe, with the church; and ij. hides of Morton; and the londe of Worton; and j. hide of Sannforde; and ij. hides of Ernycote; and j. ȝerde of londe in Hokenorton; and ij. parties of tithe of all thyng þe which is wonyd to be tithid in the demayne of these maners, that is to say, of Berencester, Erdynton, Beter|inton, Tenesshe, Perieth*. ['Tenyeth,' in no. 21.], Tywe, Wyke, Erdufley, Heyforde, Thrope, Bereforde, Shireburn of Eyþer courte, Withhull, Thorneton, Kencote, Norton, Horspathe, Hensynton, ludwell, Rodelsham of eyþer courte, Blechesdon, Weston, Buckenhull, Stratforde, Westbury, Thorneborowgh, Weston by Ciltre, Wygyn|ton, Swereforde, Goryng, Estcote of the ffee that longeth to þe castell of oxonford, leges, Shaldeston, Elsfelde, Herdewyke, Turesmer, Craneforde, Tynforde, Treton, Euere, Radcliue, Bampton, Haurugge, Coleston, Messeworth, Clopham, Duke|lynton; In Wolgarcote all the tithe of the demayne; In bekeley, ij. parties of tithe of all þe towne; in Garsynton*. ['Karsintona' in the Latin; i.e. Cas|sington.], tithe of j. hide; In Baldynton, tithe of iij. hides; In Acle, tithe of all the town: therefore we will and sadly charge or ordeyne þat now þe saide church and chanons i-myndid of Oseney all the fornamed thynges, of our grauntyng and confirmacion and speciall grace, frely and hooly, in-to here owne vses haue and possesse, savyng in all thynges þe Bisshops customs and the dignite of þe church of lincoln. In-to witnenysse of þe which þynge, to this present writyng our seele, to-geder with þe seele off our Chapiter of the church of lincoln, we haue i-maade to be put to. Þe Date ix. kk. Julij In þe ȝere of our lorde M CC lix. and In þe ffirste ȝere of our Bisshiphode.
About 1140. Confirma|tion to Oseney, by Robert Doyly II, the founder, of all property acquired from himself or his tenants, with all per|quisites; and grant of exemptions from his feudal superiority, viz, right to hold court for their own tenants, free of suit to Doyly court|baron or Doyly view of frank|pledge, or Doyly mills or Doyly feudal claims; right to felon's goods of their own tenants; right to such escheats of their property as fall to the Doylys as lords of the manor; right to fines imposed on their tenants; exemption of Oseney and Oseney tenants from forced labours, or imprison|ment; grants of fishery and pan|nage rights, except in enclosed fish-ponds and parks; of common pasture; of right to take out of pound, on giving surety, cattle im|pounded, and to make good the damage by private treaty; of wood to repair houses and fences, and for fuel; of right to choose their own head, and to appoint and dismiss all their stewards.
KNOW all Cristen men that I, Robert Doylly*. [Name noted in margin.], haue grauntid, and with this present charter confermed, for me and myne heyres, to god and to þe church of Seynte Marye of Oseneye and to þe chanons there seruyng god foreuer, for my helth and of Edithe my wiffe, kynnesfolkes*. ['et parentum.'], and of my ffrendes, Page 43 in-to ffree pure et perpetuell almes, all londes Rentes tithes tenementes and possessions, both of þe church and of þe layse*. ['layfee' (i.e. lay fee) in the recitation in no. 93: 'tam laicas quam ecclesiasticas'; i.e. temporal and spiritual.], þe which þey haue of my yifte and of þe yiftes of my men, and which of me or my heyres and of my men þey may gete in tyme to be, in all my maners, with all liberteis and fre customs þe which euer I have i-hadde, or ony of my aunceturs, or in tyme to be [I] maye*. ['perquirere potero.'] gete or my heyres maye gete.
And I have i-grauntid also to þe same chanons and to þere successours, for me and for my heyres, that þey haue þere [folio 11a] courte foreuer fre*. [Marginal note: 'liberties.'] in all my maners of all þere men for all mysdoynges or defawtes wheresoeuer and whansoeuer and*. ['et undecunque evenerint.'] of what-soeuer þey happe; and þat þey and there men be quite foreuer fro all maner sutes of my courte foreuer fre in all my maners and of my heyres, and of lawday, and of such thynges þe which longen to vywe or lawday, and of all sutes of my mylles, and of all helpis tallages exaccions quarels or playntes and demaundis; and if*. [Marginal note: 'bona felonum.'] for fleyng or felonye oony of there men ofte to lese his catell, þey shall be of the chanons, withoute oony withholdyng to me or to my heyres; And if bestes or catall in londis or tenementes of the same chanons or of there men tenauntes*. ['vel eorum tenencium.'] be i-founde or arestid, I graunt, for me and my heyres, to þem and to þere successours what-soeuer*. [Marginal note: 'escaeta.'] thyng þerof to me or to oony of myne by lawe maye falle or shall*. ['vel poterit in perpetuum.'] mowe foreuer; Also if they or oony of þer men be*. [Marginal note: 'amerciamenta & fines.' The distinction, a vague one, be|tween these was, that 'amercements' were penalties imposed by the judgement of the affeerers where there was no fixed penalty; 'fines' were penalties where statute or cus|tom fixed the amount. This deed seems one of those used in fabricating no. 21.] amercyd agaynste me or my heyres or my Baylyffes or my men, for what-soeuer cause or trespase or forfete, all þe mercys and merciamentes and all fines and all profites and all owtynges of pleys þe which come forth of them or þere men shall be of þe same chanons, withoute oony withholdyng to me or to my heyres, wheþer hit be for a defawte or for oony oþer cawse. I have Page 44 i-grauntid also to þe same chanons, and to þere successours, þat noþer I noþer my heyres noþer none in owre name or*. ['vel ex nostris.'] of owre maye here-after axe of the forsaide chanons or þere succes|sours or þere men oony custom or seruice or bondage, noþere*. [Marginal note: 'not to imprison any man except for open theft or manslaughter.'] [þere] men in-to prison or in-to bondis or in-to stokke putte for oony trespace or forfete, but with open thefte or mansslautter vppon my demayne londis they be take and attachid. I will also, and surely commaunde, for me and my heyres, þat þe for|saide chanons and þere successours and þere men haue well and in peece*. [Marginal note: 'Nota fredom grete: fre fishings (commune).'], in all my maners wodis and waters pondis and ffischynges, fre fisshyng, and fre entrye and goyng oute and pannage of þere hogges quyte, outetake stywys and my parkes closid in. And that þey haue fre commune to þere shepe and hogges and to all other bestes in all my maners in*. [Read 'and': 'et boscis meis.'] wodis, and that þey be not Inparkid or pownyd but þey be i-founde in open harme; And if that happe, by borowgh þey receyue here bestes, and after by þe syȝght of lawfull men þe harme that þere bestes haue i-doo, oute of my courte, þey make hit to be amendid. To þese thynges we haue i-grauntid for me and my heyres howsebote and haybote and to be brenned resonably at here graunges, of my wodis*. [Marginal note: 'Nota: Marke well.'] in there places where I have wodis. Also I will and graunte, for me and my heyres foreuer, that þe saide chanons and successours mowe chese to þem and ordeyne*. [Marginal note: 'Nota this grete priuelege.'] a prelate to þere will, after þe decese of euery prelate, withoute lette of me or of my heyres; And þat þey maye putte, haue, and putt awey, in all here granges and þynges, kepers suche as semyeth to þem and to þere howse to be goode*. ['expedire.']. And þat þis my yifte graunt and confirmacion of this charter be stable and sure foreuer, To this writyng my seele I haue i-putte to. These witnesses*. [Enumerated in the recitation, no. 93.]et cetera.
About 1200. Confirma|tion to Oseney, by Henry Doyly II, of all grants made by his ances|tors and his tenants; and of the privileges and exemp|tions con|ferred in no. 39.
BE hit i-know to all cristen men both present and to be that I, Henry Doylly*. [Marginal note: 'Henry Doylly 2.'] þe soone of Henry Doylly, my lorde þe Kynges constable, haue i-grauntid, and with this present charter Page 45 have i-confermed, to god and to þe church of Seynte Marye of Oseney and to þe chanons þere seruyng god, for my helth and of Sibille my wiffe and of Moolde my dowȝghter and for þe sowles of my fadur and modur and for þe sowle of my broþer Robert Doylly and for þe sowles of all my aunceturs, in-to free and perpetuell almys, all þe possessions of þe church and layfee þe which þey haue [folio 11b] of þe ȝiftes of myne aunceturs and of my ȝifte and of þe ȝiftes of my men, as þe charters of them witnysse, with all fredoms and fre customs and quytynges. I haue i|grauntid also to þe forsaide chanons that þey haue þere courte of þere men where-euer they will; and I haue relesed and quyte|claymed þem for euer, both Abbot and þe Couent of Oseneye and þere men, in all my maners fro þe sute of my courte, and fro sute of my Milles, and of all oþer sutes, but of these were*. ['ubi.'] lyfe and membre lyith to*. ['adiacet.'], And to þe lawday; so naþeles þat all mercys and mercementes and all fines and all profites and all goynges oute of pleis þe which come of þere men, vppon Euery side and whenne-soeuer and wheresoeuer þey falle, schall be of þe forsaide chanons, withoute oony withholdyng, oþere hit be for defawte or for [any other*. [Added from the Latin.]] cawse; and if oony of þere men for oony forfete hath i-flowe*. ['fugerit.'] and to ryȝght he wille not stande, and þe forfete be such for þe which his catell he ofte to lese, þey shall be fully of þe chanons. Also I haue i-grauntid*. [Marginal note: 'liberties.'] to þe forsaide chanons, for me and myne heyres, that noþer I, noþer my heyres, noþer none of our, maye hereforth or hereafter axe of þe forsaide chanons, noþer of þere men, oony custom or seruice or bondage, noþer þere men to put in-to prison or bondis or in|to stocke, but þe forfete be such for þe which he ofte to lese lyfe or membre. I will also and surely charge that þe forsaide chanons and þere men have well and in pece in all my maners here pasture to þere bestes and to þere shepe and hogges, as þe charters of my aunceturs and myne witnysse; and that þey be not Inparked or pynnyd, but þey be founde in harmyng, Where (A*. [i.e. a surety being given.] wodde I-ȝefe) þey may receyue þere catall, and after*. ['secundum legem provincie.'] þe lawe of þe contree for þe harme satisfye. I haue i-graunted to þem also (þat is to say, to þe forsaide chanons) that þey maye Page 46 ffrely putte, and haue, and putte aweye, in all þere þynges or goodis, the kepers such as þey know not*. ['quales sibi et domui sue noverint expedire.' The translator, thinking of dis|missal for incompetence, inserts the nega|tive.] to be goode to þem and to þere howse, & þat þis my ȝifte, et cetera.
1152. Confirma|tion to Oseney, by pope Eugenius III, of all their estates, viz. of St. George's church and its belong|ings as in nos. 29 and 34, and a grant in|corporated in the spurious no. 21, with tithe in Cassing|ton, and of the churches of Bibury, Turkdean, Rissington, Marsworth, Hawridge, Letcombe, Foresthill; and of lands in Black|bourton. Anathema against violators of this deed.
EUGENYE, Bisshop, seruaunte of seruauntes of god, to his loued soonys Wigoode prior of seynte Marye of Oseney and to his brethren, both present And to be, chanons, et cetera. the for|saide church, in þe which ȝe ben i-ȝefe to goddis seruice, vndur seynte petur & our proteccion we take, and with þe priuilege of this present writyng we make stronge, ordenyng þat all pos|sessions and all goodis of*. [For 'of' read 'which.'] þe same church nowe ryȝghtfully and lawfully hath in possession, or in tyme to be by þe graunte of Bisshopis, ȝevyng of Kynges or of princys, by offryng of cristen men, or by oþer ryȝghtfull maners (our lorde grauntyng) ye may purchase, sure to ȝow and to ȝowr successours and vntastid*. ['illibata.'] byde þey. In the which, þese we wille in þere owne names to be schewed:—the church of Seynte George, with all his ryȝght that he hath within þe wall of Oxonforde and abowte, as owr worschipfull broþer Robert, Bisshop of lincoln, with resonable avise hath i-grauntid yow, and boþe he and our worschipfull fadur Theobalde, Archiebisshop of Caunturberye, popis legate, with þaffermyng of þere writynges haue i-made stronge; and, to þe same church longyng and hangyng, þe church of Seynte Marye Mawdeleyn, þe londe of Walton, with þe medys and other þynges longyng to hit, and þe tithe of þe same londe; In Cudeslawe, iij. hides of londe, with men and his oþere pertinences; In Ernycote, ij. hides of londe, with þe woode and his oþere pertinences; þe londe of Worton, with his pertinences; þe londe of Stowe, with his pertinences, and þe church of þe same towne; In sanforde, j. hide of londe, with his pertinences; Twey [folio 12a] parties of tithys of þese maners vndur|write, Hokenorton, Cudelynton, Burcetur, Harewell, Watlynton, Ardynton, Botrynton, ledecumbe, Burton, Asshe, pirye, Tywe, Wyke, Erdufley, Heyforde, Hampton gaytorum, ffullewell, Thrope, Bereforde, Shireburn of both courtis, Tetteburye, Whithull, Treton, Kenycote, Norton, Horspathe, Hensynton, Page 47 ludwell, Rolesham of both courtes, Blechesdon, Weston, Boken|hull, Stratforde, Westbury, Thornborowgh, Weston, Wygynton, Swerforde, Escote of þe fe þe which perteyneth to oxonforde; In clopham halfe of þe tithe of þe Demayne; In Barton, þe tithe of j. hide; In Garsynton*. ['In Kersintona' in the Latin; i.e. Cassington.], ij. parties of þe tithe of j. hide.
ffurþermor, of our worschipfull broþer John*. [John de Pageham, bishop of Wor|cester 1150/1-57.] bisshop of Wyrcetur, the church of Bibury*. [Name noted in margin.], with chapells, tithis and oþer pertinences, and þe tithe of here salte of þe Wyche*. [Marginal note: 'tithe of salt of Wyche.']; þe church of turkeden; the church of Rysynden; þe church of Messe|wurth; þe church of Haurugge; þe church of ledecumbe; þe church of fforsthull, with his pertinences; of þe yifte of Hugh Tywe, his londis of Burton*. [Name noted in margin. The Latin adds: 'and of Forsthull with their perti|nences.' Burton is Blackbourton. Wood's conjecture (City of Oxford, ii. 191) is wrong.].
ffor this we decree that hit be not lawfull to no man vtturly*. ['ut nulli omnino hominum liceat.' The double negative is a feature of this transla|tion.] frowardly to trobull þe forsaide church, or his possessions to take aweye, or to withholde them i-take awey, to make þem lasse, or to wery þem with oony vexacions, but that þey all clenly and hooly be keped for þe gouernyng And susteynyng of þem of þe which þey haue be grauntid to profite in all maner vsys, Sauyng þe lawfull ryȝght of the Bisshopis Diocesanys. Þerfore if oony persone of the church or seculer this writyng of our confirmacion will tempte frowardly to come agaynste hit, twyis or thryis i-warned, but he correcte his presumpcion with conuenient satisfaccion, he lacke or lese the dignite of his power and worschip, and lete hym know hym-selfe gilty to be to goddis Juggement of his wikudnesse i-do, and that he is alienyd or i-put fro the mooste holy body and bloode of god and of our lorde Ihu criste our agayne-byere Ihu criste, and be he vndur to þe streyte veniaunce in the laste doome. And to all kepyng to þe same place þere ryȝghtes be peece of our lorde Ihu criste, that both here þe frute off goode doyng þey take, and afore þe streyte Jugge þe rewardis of euerlastyng life fynde þey. Amen. In the yere of our lorde Ml Clij. of the Bisshiphode of pope Eugenye the iij., vij. ȝere.
[42.] Thomas of saint Walerys confirmacion.
About 1192? Confirma|tion to Oseney, by Thomas of St. Valerie, of all grants made of his fee, with ex|emption from scu|tage.
KNOW þey that ben present and to be that I, Thomas of Seynte Walerye, by the counsell and peticion of Ele my wiffe and of goode men, haue i-grauntid [and] confermyd, for my helth and of myne and for the sowles of my aunceturs and of my Brethryn, to þe church of seynte Marye of Oseney and to þe chanons þere seruyng god, all the possessions of my ffee to þe church of Seynte George þe which in the castell of Oxonforde is i-sett perteynyng, both of my lordshippis and of my tenaun|tries of my men, In men In londis and tithys and in all oþer thynges: to be holde, in-to fre and pure and perpetuell almys. And I will and commaunde that þe londis of them þe which*. ['terre eorum que de feodo meo sunt, solute sint et quiete.'] ben of my ffee be lose and quite fro scuage, tallage, & all oþer seculer exaccions to me perteynyng. These witnesses, et cetera.
[43.] a composicion betwene the towne of Oxford & Osney tempore Edwardi tercij confirmand. omnes libertates usque bokebynders brudge.
1376/7, Feb. 22. The dis|pute be|tween Oseney, and Oxford, as to juris|diction in Oseney and Warham|bank (no. 12), where Oseney claimed feudal lordship (as in no. 13), and the town of Oxford claimed municipal rights, was re|ferred to arbitration of the diocesan, whose verdict was that (i) Oseney should have abso|lute lord|ship within the site of the abbey, and in Oseney island and in War|ham-bank as far as Book|binders Bridge (which bridge is defined to be the bridge nearest Castle|Mills-pond), except that Oseney tenants within these limits shall pay their fair share of taxes granted by parliament to the king, and of the expenses of sending burgesses to par|liament, according to the old rate cus|tomary in the west suburb; (ii) Oxford should have full jurisdic|tion, east of Book|binders bridge between Hythe|bridge (north) and that bridge of the Cas|tle Mills which is near the Greyfriars (south), over Oseney tenants living there, reserving to Oseney tenants free use of the river|water and of the soil.
SITH*. [In the Christ Church MS. this agree|ment is in French, at this place; and an English version is given at folio 323.] diuerse debatis and Chalenges haue i-be i-mevid afore þese owres, betwene thabbot and Couent of Osney of the oone partie, and the Mayre and communite of oxonforde on the oþer partie, of the Kynges ffrauncheses and other thynges towchyng them, that is to say, of all þe partie of the Ile of Oseneye that longeth to þe Abbot and Couent, to-gedur with all ten [folio 12b] auntes vppon þe weer of þe Millis of þe castell of oxon|ford the which were the saide Abbot and Couent claymyn as parcelle of þere parte of þe Ile aforsaide, with-in þe which parte of þe Ile aforsaide to-gedur also with þe forsaide were þey claymyn vywe*. [MS. has 'rywe,' by a slip.] of franciplege (or lawday), and al-so-muche as longeth to þe laweday, catellys of ffugityfs and felons, sock sack tol tem and Infangenthefe, and that þe saide Abbot and couent, there tenauntes and men, shall be quyte of Shires hundredis wardes Daneyeldys & all pleis and oþer exaccions and quarels, outetake murthur and thefte i-preuyd; and with-in the same boundis the mayre and communes of oxonford claymyn all maner ffranchises as þey haue with-in þe towne of oxonforde, as Page 49 a parcelle of þe subarbes of þe sayde town; of þe which debates and chalanges þe parties aforsaide haue i-putte þem-selfe in sub|mittyng and ordinaunce of the bisshop of lincoln*. [John Bokingham, bishop 1363-98.] prayng hym as þere fadur spirituell to do bytwene them a finall discussyng and a goode a-corde in þat partie: þe saide bisshop sawe þe Euidences of þe oone partie and of þe oþer, and consideryng þe saide Ile*. [Marginal note: 'the Ile of Osney parte of the honour of saint Walery.'], al so well*. ['si bien la part . . . comme la part.'] þe partie of þe saide Abbot and Couent as the partie of the honowre of Seynte Walerye, and the ffraun|chises of þem, by goode avisement*. ['par bone deliberacione.'] in this wise he declared and Juggid*. [Marginal note: 'Note þe Juggement.'] finally in manere the which suyth: that is to say, þe saide Abbot and Couent haue ryȝght, as of þe fundacion of here church, to haue and to Enioye all þe ffraunchises and quytynges aforesaide, to þem and to þere successours, tenauntes, and receuauntes*. ['reseantz.'], in all þe Abbey of Oseneye and in all þe remanent of þe partie of þe saide Abbot of þe saide Ile of Osney as [far as] to*. [Marginal note: 'Nota, to bokebynder brugge the liberties of Osney to holde.' French: 'tanque al pont.' Oseney had its own court for its manor of Oseney; and claimed that the whole of Warham-bank was parcel of that manor, and so exempt from the mayor's jurisdiction. This claim was allowed only in part.] þe Brygge, and in all þe Brygge i-callid Boke|bynderbrugge, and in all the water*. [Marginal note: 'Waters.'] þe which renneth vndur the same brugge vnto þe Ryuer of themse towarde þe sowth and towarde þe North vnto þe Ende of þere ffree tenauntes so that no mylle*. [The town of Oxford (Wood's City of Oxford, i. 404) had acquired one moiety of the Castle Mills (the other moiety re|maining in the king's hands) and so coveted the water-power there. Hence the pro|hibition here stated.] þere be leuyd or sett*. [Alternative rendering: 'soit leue.']; And for alteracion*. [Should be 'because of dispute about': 'et par altercacione del nom du dit Pont.'] of the name of the saide Brugge*. [There were three bridges over the most easterly stream of Thames: (a) Hythe|bridge, most to the north; (b) Quaking|bridge, nearer to, but still north of, the Castle Mills; (c) a bridge south of the Castle Mills, possibly the one here called Bookbinders Bridge. The ground here at this time is shown tentatively in map iii, at end of Wood's City of Oxford, i.], for be-cawse þere be two brigges nyȝhe to|gedur, In this wise it is declarid by the saide Bisshop þat þe brigge þe which streecheth ouer the streme rennyng more nyȝhe þe Mille ponde of þe castell of oxonforde in þe west parte of þe saide ponde is þe saide brigge i-callid þe bokebynderbrygge; and that þe saide Maier and communes, þere heyres, ne succes|sours, by them, ne by þere mynsters, ony demaunde clayme or Page 50 execucion by cawse of Jurisdiccion or oony oþere cawse may do within þe precyncte aforsaide, outetake þat þabbot and Couent lette not þe saide tenauntes and receyuauntes that been or shall be with-in þe precyncte above-sayde to be contributours*. [Marginal note: 'with the comminaltie of Oxford to paye the Dyme, xvtene, sub|sidie, & to the brugijs [i.e. burgesses] of parliament expenses.'] with þe communite of oxonforde to þe dyme or quinsyme or fiftene or oþer subsidye*. [Alternative rendering: 'au disme ou quinszime ou autre subside.'] i-grauntid or to bee grauntid to þe Kyng In playne parlement*. ['en plein parlement.'] by the communyte of the Realme and to þe Burgeys spense*. ['et a les dispenses.'] to such a parlement i-chose, and so in þe same manere as þe tenauntes and receyuauntes the which been or shall be within the honowr of Seynte Walerye Doone and shall doo tyme to come and after þe saying of that þat*. ['et ce selonc l'afferant de ceo que.'] in olde tyme was i-woned to be sett in the parishe*. [i.e. St. Thomas' parish, with its north|ern districts, Stockwell (where Walton Street now is), and Twenty-acre (about Lit|tle Clarendon Street). Wood's City of Oxford, ii. 115, mistakes the meaning of the phrase.] of Seynte Thomas Stokewelle and Twentyacre þe which were i-wonyd in commune at such a contribucion to do*. ['a tiel contribucione faire.'] withoute Encrese vppon them by oony cawse to come or that maye Aryse in tymys to come, so that þe saide mayer and communite, here heyres, and successours, aquyte and discharge the sayde tenauntes and re|ceyuauntes of þe sayde Abbot and Couent that been or shall be within þe precyncte [folio 13a] abovesaide that þey shall charge at such contribucion with none oþere foreynys*. ['qils ne seront chargez a tiele contri|bucione faire ouesque (= avec) autres foreynz queconques.']. And also þe saide Bisshop hathe declarid and Juggid that þe saide Mayer and communyte, here heyres, and successours, haue ryȝht*. [Marginal note: 'liberties perteynyng to the Maire & commynaltye of Oxford & howe farre their liberties do extend.'] to haue and to Enioye all þe franchises and Jurisdiccion fro þe saide Brygge i-callid Bokebynderbrygge towarde þe Est bytwene þe Brigge i-callid the Hithebrigge and þe Brigge by-nethe the Millys of the castell of Oxonforde towarde þe ffrere Menoures of all here tenauntes and receyuauntes of the saide Abbot and Couent vppon þe were þere as þey haue within þe town of Oxonford, so that þe saide tenauntes and receyuauntes þe which been or shall be vppon the were above-saide be not i-lettid to vse And to haue frely þere Esement of þe water of themse*. [Marginal note: 'Nota.'] in honest Page 51 manere, and safe to þe sayde Abbot and Couent and to þere successours there free tenementes rentes and seruices and þere soyle*. [Marginal note: 'reserued to Osney the soyll on the water goyng to the mylles of the Castell.'] vppon þe same were as ryȝght of þe fundacion of þere church. And vppon þat as well þe sayde Abbot as þe saide mayre and communys haue greably assentid to þe sayde Declara|cion and Juggement so i-doo by þe sayde Bisshop, as above hit is i-sayde, And þey holde and afferme for a-corde and fynall Juggement and discussion for all dayes of þe oon parte [and of the other*. ['et de l'autre.']] withoute gyle or Euyll Engyne. In-to witnysse of þe which þynge to þe oone parte of this Endenture abydyng to þe saide mayre and communyte þe saide Abbot and Couent haue i-put þere seele, and to þe oþer parte of þe Same Endentur abydyng to þe saide Abbot and Couent þe saide mayre and communyte haue i-put þere commune seele. And for gretter and more surete and witnysse of þe acorde and of þynges abovesaide þe saide Bisshop hath i-putt his seele to þe oone and to þe oþer parte of þe same Endenturs: i-ȝefe, or þe Date, at london the xxij. day of ffeuerer the yere of þe regne of our lorde Kyng Edwarde þe iij. after þe Conquest þat is to say of Inglonde lj. and of ffraunce xxxviij.