It was no uncommon thing, for Religious Houses, when they had obtained a few acres of land in any place, to elevate them to the dignity of a manor, and assume on their general licence, manorial rights over the district in which their newly acquired property lay. [20a]
Moreover, to secure the assistance of the monks, the early Norman Kings were frequently obliged to connive at practices of which they could not approve, but which they dared not condemn. And when the monks of Westminster, after casting a longing eye on the lands of Paddington, produced the charters which they called Edgar’s and Dunstan’s, and claimed the lordship over these outlying districts, the King, who then happened to require their services, may have thought it mattered but little, who reaped the benefits derivable from being the lord of the few tenants in Paddington. And he may have sanctioned that which was in fact an usurpation.
If, however, Edgar’s and Dunstan’s Charters were brought forward for the purpose of shewing some sort of title to the manor of Paddington, when the first claim to the lordship was set up, which I think was most likely the case, it is very evident that the monks themselves had no great faith that these charters would bear any sort of legal examination, even in those days, when the wig was adopted to hide the shaven crown. [20b] For when a writ of Quo Warranto was issued in the twenty-second year of Edward the First to the then Abbot of Westminster—Walter of Wenlock—to enquire “by what authority he claimed to hold the Pleas of the Crown, to have free warren, a market, a fair, toll, a gallows, the chattels of persons condemned, and of runaways, the right of imprisonment,” and various other such like privileges, as well as “the appointment of the coroner in Eye, Knythbrugg, Chelchehethe, Braynford, Padynton, Hamstede, and Westburn,” besides in the town of Staines, and its dependencies; he did not claim manorial rights over Paddington and Westbourn on account of Edgar’s, or Dunstan’s grant of these manors; neither did he mention those charters, as he might have done had they been genuine or had they received the confirmation of Stephen, or Henry the Second, as Dart states they did. On the contrary, the Abbot appeared to the writ, and said that these places were parts of the town of Westminster—“sunt membra ville Westm’—;” and for Westminster, Staines, and their membræ, he claimed all their ancient privileges. [21a] Moreover, “he says, that the lord King Henry, father of the King that now is, hath granted to God and the Church of St. Peter of Westminster and the monks, serving God therein, and their successors, all his tenements, [21b] and hath commanded that they hold them with all their liberties and free customs, &c. * * * * And he produces the charter of the King which witnesses the same * * * * And he saith, that the Lord King hath inspected the Charter of the Lord King Henry, his father, which witnesseth that the same Lord King Henry hath granted to God and the blessed Edward, and to Richard, Abbot of Westminster, and to the monks serving God there, that they and their successors, should have for ever all the fines of their own people, from whatever cause they may arise, and before whatever justices of the Lord King they may have been ordained, and that they shall have all the returns of the King’s briefs in all their lands in England. ****** ” [21c]
But we must not receive this statement of Walter de Wenlock with implicit confidence, or at all events without some further explanation; [21d] for it was this Abbot who transgressed one of those salutary laws, which had been recently enacted to stay the encroachments of the regular clergy.
It was this Walter of Wenlock, and of Westminster, who appropriated to himself and his house in fee, lay fees in Knightsbridge, Paddington, Eye, and Westbourn, without the license of the King; and for which his successor was fined ten pounds. This appears from the following entry on the Fine Roll, 12th Edw. II, and in the Rotulorum Originalium in curia saccarü abbreviatis,—vol. i. p. 245—
“Abbas Westm’ finem fecit cum R. p decem libr ’p pdon’ hend’ de tnsgr’ quam Walts quondam abbas loci illius pdecessor suus fecit adquir’ sibi et domui sue in feodo laicum feodum in Knyhtebrugge, Padyngton, Eye, et Westburn et illud ingred’ sine licene’.”
In the reign of the second Edward, we find that three inquisitions were held, to enquire what injury that King would sustain if certain tenements and lands in these places were granted to the Convent; and it was upon one of these inquisitions that the discovery above referred to was made. [22]
As these inquisitions refer to the only bona fide grants of land in Paddington or Westbourn, down to the fourteenth century, which I have been able to discover, with the exception of the purchase by Walter of Winchester before referred to; and as they will serve to shew not only the sort of suit and service rendered to the lord, but will also further illustrate the mode in which the land in these places was actually acquired by the Abbey, I shall give a translation of each.
These documents are kept in the Tower, and form a portion of the “Inquisitiones ad quod damnum,” so called, and are thus described in the calendar published by the Record Commission. “These inquisitions commence with the first year of the reign of Edward the second, 1307, and end with the thirty-eighth year of Henry the sixth: Thomas Astle, esquire, thus speaks of them.—They were taken by virtue of writs directed to the Escheator of each county; when any grant of a market, fair, or other privilege, or licence of alienation of lands, was solicited, to enquire by a jury whether such grant or alienation was prejudicial to the King or to others, in case the same should be made.”
“Inquisition a. q. d. 9. Edw. II. No. 105.
Middlesex.Inquisition made before the Escheator of the Lord the King at the church of St. Mary Atte Stronde, on Thursday next after the Feast of the assumption of the Blessed Mary, in the ninth year of the reign of King Edward, by the oath of Robert de Aldenham, Alexander de Rogate, Nicholas de Curtlyng, John de la Hyde, Walter Fraunceis, William de Padinton, Hugh de Arderne, William Est, Arnold le Frutier, Simon le Brewere, Roger de Malthous, and Roger le Marshall, junior: who say, upon their oath, that Walter de Wenlock, lately Abbot of Westminster, had acquired to himself and his House one messuage with appurtenances in Knyghtebregge, of William le Smyth of Knyghtebregge, and four acres of land there of William Brisel and Asseline his wife, and nine acres of land there of William Hond, and twelve acres of land in Padinton of William de Padinton, and three acres and a half in Eye of Hugh le Bakere of Eye, and thirteen acres of land in Westbourn of John le Taillour, and eleven acres of land there of Matilda Arnold, and two acres of land there of Juliana Baysebolle after the publication of the statute edited concerning the nonplacing of lands in Mortmain and not before. And they say that it is not to the damage nor prejudice of the Lord the King, nor of others, if the King grant to the Prior and Convent of Westminster, that the Abbots of that place, for the time being, may recover and hold the aforesaid messuages and land to them and their successors for ever. And they say that the aforesaid messuage is held of the said Abbot and Convent, by service of a yearly rent of six-pence, and of performing suit at the court of the said Abbot and Convent, and of finding one man for two half days to mow the Lord’s meadow, price threepence: and it is worth over and above that service in all issues twelve-pence a year. And the aforesaid fifty-four acres and a half of land, at the time of the aforesaid acquisition, were in like manner held of the said Abbot and Convent by service of a yearly rent of eighteen shillings and two-pence: and of finding one man for ten half days to mow the Lord’s meadow, price fifteen-pence: and one man for ten half days to hoe the Lord’s corn, price ten pence: and of doing seven ploughings, price three shillings and six-pence: and of finding one man for ten half days to reap the Lord’s corn, price fifteen-pence: and of making seven carriages to carry the Lord’s hay, price three shillings and six-pence: and of performing suit at the court of the said Abbot from three weeks to three weeks. And they say that the aforesaid fifty-four acres and a half of land are worth by the year in all issues over and above the aforesaid services nineteen shillings and six-pence. In witness of which thing the aforesaid jurors have set their seals to this inquisition.
Endorsed 20s. 6d.”