In Rot. Hundred, Edward I., many women were entered as holding Courts of Frank-pledge and Assizes of Bread and Ale, and as having a Gallows in their Jurisdiction, as Johanna de Huntingfeud held view of Frank-pledge in the Hundred of Poppeworth, Canterbury, vol. i., p. 53. Elena de la Zouche also, Agnes de Vescy, and Elena de Valtibus in Dorsetshire, the Countess of Leycester at Essedon in Buckinghamshire. (“Relation of Women to the State in past times.” Helen Blackburn, National Review, Nov., 1886.)
The Countess Lucy kept her Courts at Spalding during the banishment of her first husband, Yvo de Taillebois. (Selby’s “Genealogist,” 1889, p. 70.) The Pipe Roll of 31 Hen. I. shows that she had agreed to pay the King 100 marks for the privilege of administering justice among her tenants (homines).
In Anne Clifford’s Diary, Harl. M.S., 6177, appears: “1650. This time of my staying in Westmoreland, I employed myself in building and reparation at Skipton and Barden Towers, and in causing ye bounds to be ridden and my Courts kept in my sundry mannors in Craven....”
“1653. In the beginning of this year did I cause several Courts to be kept in my name in divers of my mannors in this Country.”
“1659. And ye Aprill after, did I cause my old decayed Castle of Brough to be repaired, and also the Tower called the Roman Tower in ye said Castle, and a Court-House for keeping of my Courts.”
There is preserved in Swansea a charter granted, 2 Edward III., to Aliva, wife of John de Mowbray, of the land of Gower. It recites and confirms various previous charters of the land of Gower, with the appurtenances, and all manner of Jurisdictions, and all Royal Liberties, and free customs which Gilbert de Clare the son of Richard de Clare theretofore Earl of Gloucester and Hertford had, in his land of Glamorgan. (Report of Municipal Corporations, 1835, p. 383.)
This practice seems to have long survived in modified forms. In same Report, p. 2850, regarding the Borough of Ruthin, “It was in evidence, and was indeed frankly admitted by the deputy-steward, that, upon impanelling the jury at the Borough Court Leet it is the uniform practice for some agent of the Lady of the Manor to address a letter, which is delivered to the foreman of the jury in their retiring-room, recommending two persons as aldermen, who are invariably elected. As a part of this system, it was proved that in many instances the duties and fees payable on the admission of burgesses to their freedom had been defrayed by the Lady of the Manor; and that the uncontrolled power of impanelling the jury was left to her agent. The only answer furnished by the deputy-steward was that he had taken for his guide the usage of the place, as pursued by his predecessors, without reference to charters, which had only of late years come under discussion.” Also in page 2840, regarding Rhuddlan, “As far as any ruling body or corporation can be said to subsist in a borough thus circumstanced, the Lady of the Manor must be considered to elect that body; for the Steward of the Court Leet is appointed by her during pleasure; and he gives the constables a list of the persons who are to serve on the jury by whom the two bailiffs, the only subsisting officers of the corporation, are chosen.” The Lady of the Manor there also paid the Constables.
Held by Military Service.—There were 15 ladies summoned for military service against Wales “de fide et homagio,” in 5 Edward I., and again in 10 Edward I. Among these were Devorgilla de Balliol, Agnes de Vescy, Dionysia de Monte Canisio, and Margaret de Ros. A writ was issued to Isabella de Ros, commanding her “in fide et homagio” to send her service to the muster at Portsmouth for the King’s expedition to Gascony, 14th June, 1234. Elena de Lucy was summoned from the county of Northampton “to perform military service in parts beyond the sea. Muster at London, 7th July, 25 Edward I.” Joan Disney of Lincoln was summoned “to perform military service against the Scots. Muster at London, 7th July, 25 Edward I.” These are but a few selected from many others that appear in Palgrave’s Parliamentary Writs. It is true that a substitute might be sent by anyone, male or female, with reasonable excuse. “On 16th April, 1303, proclamation was made that all prelates, persons of religion, women and persons who were unfit for military service, who were willing to commute their service by fines, might appear before the Barons of the Exchequer at York on 17th May ensuing. Otherwise they, or their substitutes, must appear at the muster at Berwick on the 26th May.”
Palgrave’s Parliamentary Writs give long lists of women holding castles, towns, and military feods in 9 Edward II., and Harl. MS., 4219, in “Hundreds, Civitates, Burgi, and Villæ in Comitatu Norfolk et Domini eorundem,” gives many names of women.
Margaret, widow of Lord Edmund Mortimer, was charged with providing one hundred men for the wars in Scotland out of her lands at Key and Warthenon. Dugdale’s “Peerage and Baronetage,” vol. i., p. 173.