(1) Henry II. Licence to the burgesses of Chester to buy and sell at Durham [sic] as they were wont to do in the time of Henry I—'Henricus Dei gratia Rex Anglie et Dux Normannie et Aquitanie et Comes Andegavie balluis [sic] de Dunelina [sic] salutem:—Precipio quod Burgenses Cestrie possint emere et vendere ad detaillum [or doraillum] apud Dunelinam [sic] habendo et faciendo easdem consuetudines quas faciebant tempore Regis Henrici avi mei et easdem ibi habeant rectitudines et libertates et liberas consuetudines quas tempore illo habere solebant, teste, Willelmo filio Ald' dapifero Apud Wintoniam.
Durham is not only a most improbable place for such a writ to refer to, but is also an impossible rendering of the Latin name. The interest and importance of this 'curious writ' has, in short, been obscured and lost through the ignorance of Mr J. C. Jeaffreson, to whom the report was entrusted. The charters which follow the writ, and which are printed on the same page, refer to this writ as relating to Ireland; and the town, of course, to which it refers is not Durham but Dublin (Duuelina).
We have, therefore, in this writ an almost, if not quite, unique reference by Henry II to Dublin in the days of his grandfather, and a confirmation of the 'libertates', etc., which the men of Chester had then enjoyed there, just as if his grandfather had been in his own position. Secondly, we have here record evidence, not merely of a recognized connection, but of what might be termed treaty relations between the traders of Chester and the Ostmen of Dublin, long previous to the Conquest of Ireland, thus confirming Mr Green's observation, 'the port of Chester depended on the trade with Ireland, which had sprung up since the settlement of the Northmen along the Irish Coasts'.[2] And this has, of course, a bearing on the question of 'a Danish settlement' at Chester. Thirdly, we learn from this document that at the date of its issue Dublin was governed by bailiffs of the King (ballivi sui).
What, then, was its date? The clue, unfortunately, is slight; but it may not improbably belong to the close of 1175 or early part of 1176. This brings us to the interesting question, why was such a writ issued? Remembering that during his stay at Dublin (November 1171-January 1172) Henry II had granted that city to his men of Bristol, we may hold it in accordance with the spirit of the time, and, indeed, a matter of virtual certainty, that Bristol would have striven on the strength of this grant to exclude 'its rival port' (Conquest of England, p. 443) from the benefits of the Dublin trade. Chester would, therefore, appeal to the King on the strength of its antecedent rights, and would thus have obtained from him this writ, recognizing and confirming their validity.
The Domesday customs of the city (i. 262b) contain a curious allusion to its Irish trade:
Si habentibus martrinas pelles juberet prepositus regis ut nulli venderet donec sibi prius ostensas compararet, qui hoc non observabat xl. solidis emendabat ... Hæc civitas tunc reddebat de firma xlv. lib et iii. timbres pellium martrinium.
There is nothing to show where these marten skins came from, or why they are mentioned under Chester alone. But on turning to the customs of Rouen, as recorded in the charters of Duke Henry (1150-1) and King John (1199), we find they were imported from Ireland.
Quæcunque navis de Hibernia venerit, ex quo caput de Gernes [Guernsey] transierit, Rothomagum veniat, unde ego habeam de unaquâque nave unum tymbrium de martris aut decem libras Rothomagi, si ejusdem navis mercatores jurare poterint se ideo non mercatos fuisse illas martras ut auferrent consuetudinem ducis Normanniæ, et vicecomes Rothomagi de unaquaque habeat viginti solidos Rothomagi et Camerarius Tancarvillæ unam accipitrem aut sexdecim solidos Rothomagi.
Giraldus Cambrensis, it may be remembered, alludes to the abundance of martens in Ireland,[3] and describes how they were captured. We thus have evidence in Domesday of the Irish trade with Chester, even in the days of Edward the Confessor.
[1] The error as to the Chester writ was explained by me in a letter to the Academy (No. 734).