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marrying with Joan, daughter of Henry, Count de Barre, whose mother's sister, Mary, he had carnally known. A penance is to be enjoined; and as to the marriage, canonical action is to be taken.1
What the Pope meant by the expression 'canonical action is to be taken' is not apparent, but it is evident that he did not blame Joan for the marriage, as he might well not do, for on July 17 following (1345), at Avignon, he sent to the Archbishop of Canterbury and his official, inhibition touching the case of the Earl of Warenne and Joan de Barre, his wife, in regard to which Joan has been molested in the Archbishop's Court contrary to the Pope's declaration in the matter. The penance imposed, or what is recorded of it, will be reported further on. Meanwhile, other matters were taking place.
1344. July 15. In the chapel of the houses sometime of J. de Kirkeby, Bishop of Ely, John, Earl Warenne, did homage and fealty for the lands of Bromfeld and Yal, in Wales, and fealty for the lands of Hope, co. Chester."
Richard, Earl of Arundel, granted to the King and his heirs the reversion of the castle, town, and manor of Castle Acre, and the manor of Beeston, co. Norfolk; and the manors of Tibourn, co. Middlesex; and Medmenham, co. Bucks., with the appurtenances, expectant on the death of Earl Warenne. On June 24, 1345, at Sandwich, the King regranted the same to Earl Richard for life, with remainder to the Earl of Huntingdon and others, and their heirs, with power for them to release them to the Earl of Arundel and his heirs. By K.*
The King was to be away in France, and he had appointed his son Lionel to act as Regent of the kingdom during his absence. On July he appointed J., Archbishop of Canterbury, R., Bishop of London, R., Bishop of Chichester, Thomas, Bishop-elect of Durham, and John de Warenne, Earl of Surrey, and others, his counsellors."
THE PENANCE ENJOINED.
The following transaction in reference to Roche Abbey appears, without doubt, to have been 'the penance enjoined' upon Earl Warenne :
1345. November 22. Westminster. Whereas the King's kinsman, John de Warenna, Earl of Surrey, holds the manor of Haytfeld for life of the grant of Edward II., with successive remainders to Maud de Neyrford for life, to John de Warenna her son, in tail male, to
1 Cal. Papal Letters, iii., p. 169. 2 Ibid., p. 187. According to Ducarel's Abstract, there is nothing about this 'molestation' in the Lambeth Registers.
3 Cal. Pat. Rolls, 1343-1345, p. 231.
4 Ibid., p. 488.
5 Synopsis of Rymer's Fœdera,
Thomas his brother, in tail male, and to the heirs of the body of the said earl, and reversion to the said King and his heirs, as in the letters patent is more fully contained; the earl has now made petition that-Whereas the said Maud is dead, and John son of Maud and Thomas have taken the religious habit in the Order of the Brethren of the Hospital of S. John of Jerusalem in England, at Clerkenwell, he may have licence to grant for his life to the abbot and convent of Roche, the advowson of the church of Haytfeld, held in chief, which church is extended, of the value of 70 marks yearly; and the King has assented to his petition. Also, as a further grace, the King has granted that the abbot and convent shall retain in frankalmoign the said advowson, which should revert to him on the death of the earl; and may appropriate the church whenever they deem it expedient to do so, to find thirteen monks as chaplains to celebrate divine service daily for ever in the abbey for the King, Queen Philippa, and their children, and for the earl; also for the soul of William, the King's son, who lately died in the said manor; also the souls of the progenitors of the King and of the earl. By p.s.'
This gift was a greater sacrifice on the part of the King than of the earl, who had only a life interest, and was then fifty-eight years. of age. As before pointed out, Maud's sons had become 'religious,' and could not hold property themselves, and could not marry and have heirs. Maud being then dead, the advowson would at the earl's death go by the terms of the grant to the King and his heirs. Writers from Watson downwards have lost sight of the above, and have assumed and asserted that all three-Maud and her two sons—predeceased the earl. The King's son William, who is spoken of in the charter, was 'Prince William of Hatfield,' whose monument is conspicuous on the wall of the north choir aisle of the Cathedral at York.
Aveling, in his History of Roche Abbey, pp. 51-53, gives a copy of the earl's charter, from the Dodsworth MSS. (so far as it can be made out). In the preamble the earl says:-'Beholding the scarcity of fruits, rents, and possessions generally pertaining to the religious men, the abbot and convent of Roche . . . . . . .; also nobly grieving for the paucity of monks serving God there; and being most deeply anxious for the augmentation of divine worship, and also for increasing -by the help of God-the number of brothers in the same; . . . . .' There is no mention in it of Maud or her sons. He speaks of it as his by hereditary right, and does not mention the regrant by the King. He finishes by promising that he and his heirs will for
1 Cal. Pat. Rolls, 1345-1348, p. 16.
ever 'warrant and defend' the same to the monks against all people. It is dated at Lewes, December 5, 1345.1
The following 'ratification,' though of a much later date, is too interesting and pertinent to the subject to be omitted:
1379. 3 Ric. II., part 1, memb. 31. July 14. Westminster. Ratification of the estate which the abbot and convent of Roche have in the church of Haytefeld, co. York, upon this petition, alleging that the said church, the advowson of which was formerly granted to them by John de Warenna, Earl of Surrey, by licence in mortmain by the late King, dated 22 November, 19 Edw. III., as appurtenant to his manor of Haytefeld, and which they have accordingly appropriated, was at the time of that earl's earlier grant of that manor and other lands in the counties of York and Lincoln to Edw. II., 7 May, in the 19th year of his reign, severed from the said manor, and an advowson in gross on which account they fear disturbances in their possession: provided that they find 13 monks to celebrate divine services daily in the abbey for the estate of the King and his mother while living, and for their souls after death."
The church of Hatfield was appropriated to the use of Roche Abbey on May 19, 1346. The following is a further illustration of the relations of the earl and the King with respect to the Yorkshire estates at this time:
1346. 20 Edward III., part 1. Whereas John de Warenna, Earl of Surrey, holds the manor of Fisshelak for life of the grant of the late King, with successive remainders to Maud de Neyrford for life, to John de Warenna her son, and to Thomas his brother, and the heirs male of their bodies, and to the heirs of the body of the earl, and reversion to the King. And whereas the earl afterwards granted for his life to John de Wyngefeld a messuage, 188 acres of land, 21 acres of meadow, and II acres of several pasture, out of his demesne lands in Balne, at the rent of a rose, and the King accepting such grant, granted as a further grace that John de Wyngefeld should hold the same after the death of the earl to him and his heirs, as by letters patent of the late and present King appears: the King's serjeant, William de Notton, who has now with his licence acquired of him, Isabella his wife, and his heirs from the said John the said messuage, land, meadow, and
1 Watson quotes this charter, and gives the proper date, 1345, but gives the value as 7 marks. Aveling gives the date as 10 Edw. III. (1336), but the value as 70 marks. Hunter, in his Deanery of
Doncaster, speaks of this gift as in loco penitentiæ. There can be little doubt that it was a compounding for the penance enjoined by the Pope.
2 Cal. Pat. Rolls, 1377-1381, p. 380,
pasture, has made petition to the King, showing that the said Maud is now dead, and John and Thomas have taken the religious habit in the Order of the Brethren of the Hospital of S. John of Jerusalem, in England, at Clerkenwell, and are professed in that Order, without heirs male of their bodies; and praying him for their indemnity to confirm the estate of him and Isabella his wife in the messuage and lands, which at the time of the grant by Edward II., of the manor of Fisshelak, were parcel of the said manor, and the King confirms the same accordingly. By p.s. and by fine of 20s. York. And be it remembered that the within written William de Notton on 16 July in the 25th year did fealty for the land and tenements within written.'
It was not unusual for the King to grant a general pardon' to persons in high office, and to those who had difficult duties to perform that might directly or indirectly lead to bloodshed. Such a general pardon was granted at this time to Earl Warenne.
1346. 20 Edw. III., part 1. March 5. Westminster. Pardon to John de Warenna, Earl of Surrey, of the suit of the King's peace against him, for homicides, felonies, robberies, larcenies, and trespasses in England, whereof he is appealed, and of any consequent outlawries. By p.s.2
1346. April 22. John, Earl of Warenne, Surrey, and Stratherne, to the Chancellor. As his two sons, Edward de Warenne and William de Warenne, are ready to attend the King abroad, he begs that the former may be discharged from the demand to find a manat-arms for his lands in Norfolk, as he holds no others there. Caneford.
At this time the earl had a Friar Preacher among his attendants : 1346. June 21. Porchester. Protection for his good service, and the great affection which the King has for him, for John de Lincoln,* of the Order of the Preachers, staying in the company of John de Warenna, Earl of Surrey, who fears that he is in bodily danger from some of his enemies. By p.s.
The Countess Joan was now abroad, and was making arrangements to visit England, and she had good reason for doing so, as will be seen further on. The King granted a protection for the sailors, who would be engaged in bringing her to England and going back to their own country, as follows:
1346. June 28. Porchester. Protection and safe conduct for the masters and mariners of one or two ships wherein the King's
1 Cal. Pat. Rolls, 1345-1348; pp. 51, 52.
2 Ibid., p. 54.
3 Pat. 20 Edw. III., part i., m. 15,
p. 265, No. 1456.
John de Lincoln must have had an interesting history.
5 Cal. Pat. Rolls, 1345-1348, p. 127.
kinswoman, the Countess of Warenne, with her household, intends to come from Wytsand to Dover, in coming to Dover, staying there, and returning again. By p.s.1
On July 18, 1346, the earl was at Westminster, and there witnessed a charter. He must then have been in feeble health, for shortly afterwards, on October 13, the King granted him an exemption for life from personal attendance at Parliament and Councils against his will, as he was too feeble for work; provided always that on receipt of every summons to attend the same, he send in his place some qualified person, with sufficient power to do and agree to what is done. By p.s. He was then sixty years of age.
ISABEL DE HOLAND.
Now occur documents which appear to explain the state of unrest which is indicated by previous documents as existing in the mind of Earl Warenne. There was another lady, Isabel de Holand, who was a new and serious rival to the Countess Joan in the earl's affections. I suggest that it was in the interest of this lady, if not actually by herself, that the incident concerning the Princess Mary was taken up or invented.
In the earlier part of this year-1346-Warenne made a fresh arrangement with the King for the settlement of those portions of his estates which were situated in Surrey, Sussex, and Wales, which he had previously got King Edward II. to regrant to him in 1326, for himself and his wife, Joan de Bar, for life, with remainder to Edmund, Earl of Arundel, and others. What was now done is explained by the following document, which Dugdale enters in his Baronage, i., p. 81. It is given here from Watson's Lives, ii., pp. 48, 49.
1346. 20 Edw. III. June 2. Chautune. The King will protect and defend John de Warenne, Earl of Surrey, against all persons whatsoever, natives or strangers, in all quarrels and causes which might in reason concern him; also he will support him in the peaceable possession of all his lands whereof at this date he was seised, either in England or Wales; and if God should please to send him an heir, by Isabel de Houland then his wife (?), should the same heir be male or female, it should be joined in marriage to some one of blood royal, whom the King should think fittest; so that the whole inheritance of this earl, with the name and arms of Warenne, should be preserved by the blood royal in the blood of him, the said earl. And in case he should depart this life without such issue, begotten on the body of her the said Isabel, that then all his castles,
1 Cal. Pat. Rolls, 1345–1348, p. 127.