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Norman Charters

Hemingway's Chester - Vol. 1 & 2

From what has already been advanced in the early part of the history, sufficient is disclosed to show the high antiquity of the city of Chester. And as this is unquestionable, so there are few, if any, places in the kingdom, that can boast such lucid evidences, from written documents, of that fact. Nor is it a little creditable to our local ancestors, that these have been scrupulously preserved amidst the varied political convulsions that have agitated the city in different periods; and at present, the order and excellent arrangement of the city muniment room, at the Exchange, are the theme of unmingled praise by those individuals who have occasion to refer to original documents The original grant of peculiar immunities to the city, by our first local monarch, is not known to be in existence ; but that such were actually promulged is undeniable, as all the subsequent charters advert to previous grants. The three following ones, translated from their originals, and numbered in the order of time in which they were given, will be greatly esteemed by the curious in our local antiquities; for although I have seen them referred to by most of oar historians, they have never found their way into print.

CHARTER I.

Randle, Earl of Chester, to his constable and dapipher.; justice and sheriff and all his barons and bailiffs, and all his men, French as well as English, future as Present, greeting, be it known to you all, that I have given and granted, and by present charter have confirmed to all my citizens of Chester, their guild mercatorv, with all liberties and free customs, which they ever better and freely and quietly have had in the times of my ancestors, in the aforesaid guild. And I prohibit on the forfeiture to me of ten pounds if any one shall disturb them. These witnesses : - Roger, Constable of Chester; Ralph de Monte Alto, Steward of Chester; William and Robert Patrick; Philip de Orreby; Richard and William de Boidell; Richard Phitton; Luilph de Twamlow; Rauno de Davenham; Warin de Vernon; Robert, the son of the fisher: Peter, the clerk; Earl Richard; Fisher Herbert, of Pulford; William de Verdon; Thomas, the clerk. Written in the presence of the Earl, and many others at Chester."

CHARTER II.

"Randle earl of Chester, to his constable, dapifer, justices, bailiffs, and all his barons, and all his men,: French and English, as well to come as present, - be it known to you all, that I have given and granted, and by my present charter have confirmed to all my citizens of Chester, all the liberties and all the free customs which they ever better and more freely and quietly have had in the times of any of my predecessors; and particularly an acquittance and release of recognizance and proportament ; in the said city of Chester for ever. And that if any citizen of my aforesaid city die, his testament reasonably made may be good in law, and firm wheresoever he may die. And that if any citizen shall make any purchase in open day and before witnesses, and suit afterwards come from a Frenchman or an Englishman, who can reasonably challenge the thing bought, the citizen who shall have made that purchase may be quit of me and my bailiffs, by losing so much only, and restoring what he shall have bought ; if he cannot otherwise sarisfy the challenge; but if suit shall arise from a Welshman who can reasonably challenge the price of the thing bought ; he may give back to the citizen what the same citizen shall be reasonably able to show that he gave for the thing bought.. And that if a citizen in the aforesaid city shall have lent to any one his chattels, it may be lawful for him to take surety in the city for the recovery of his chattels, without licence or demand from my sheriff or other bailiff. And if any citizen of the aforesaid city in my service shall have been slain, it may be done with his chattels as if he should have made a reasonable testament. All these the aforesaid liberties and free customs to the aforesaid citizens I have given and granted, and by my present charter have confirmed to them and their heirs, to be had and held of me and my heirs freely and quietly, and peaceably for ever. And I forbid that any one disturb them or their heirs therein, under the fortèiture of £10. These being witnesses - Roger, Constable of Chester; Ralph de Monte Alto, Steward of Chester; Ralph de Mainwaring; William and Robert Patrick; Phillip de Orreby ; Richard and William de Boidell; Richard Phitton ; Luilph de Tsvamlowe; Randle de Davenham; Warin de Vernon; Robert, the Son of Picol ; Peter le Clerk ; Earl Richard ; Picie Herbert de Pulford; William de Vernon; Thomas Clark; and many others at Chester.'

CHARTER III.

"Randle, Earl of Chester, to his constable, dapifer, justice, sheriff, barons, knights, bailiffs, and all his men, present and to come, greeting: Know ye, that I have granted, and by my present charter have confirmed, to lay demesne men of Chester, and to their heirs, that no one may buy or sell any kind of merchandize, which shall have come to the city of Chester by sea or land, but them or their heirs, or by their favor, unless the fairs appointed On the nativity of St. John the Baptist, and on the feast of St. Michael. Wherefore I will that my aforesaid men, and their heirs, may have and hold the before - mentioned liberty from me and my heirs for ever , freely, quietly, honorably, and peaceably; and I prohibit on the forfeiture of £10 to be taken for my use , that no one may hinder or trouble them in respect of the aforesaid liberty.
Witnesses :- the Lord Hugh, then Abbot of Chester; Phillip do Orreby, then Justice of Chester; Warren de Vernon; William de Venables ; Peter le Clerk ; Roger de Mainwaring; Hugh and Thomas de Spencer; Alured de Suligne; William Pincerna , Norman Pantulf; Adam de Yeland; David de Malpas; Josecram de Helsby; Richard de Rengeslegh; Hugh and Geoffrey de Dutton Master Hugh; and many others."

All the above charters are without date, a circumstance which has led all our local historians into mistakes as to the period of their grant. Webb, in the Vale Royal, has led the way to these errors, which have been adopted, without examination, by those who followed him; he says, "The first charter that I find mentioned is from the first Ranulph, Earl of Chester," which "makes a large grant to the city, and warrants the same strongly against his heirs, and appoints forfeitures upon all that shall withstand, which charter is without date adding, that this charter was confirmed by the other two Randals, with additions. He then places among the testing witnesses, "Domino Hugone, Abbate Cestriae Now Randal , the first earl, demised in 1128 , whereas Hugh, the eighth abbot, was not installed until the year 1208, that is, in the time of Randal Blundeville. The Messrs. Lysons state the fact in the same way, in which they are followed by Mr. Ormerod , Dr. Pigott, Mr. Hanshall, &c. It may be equally demonstrated that. second charter was not the grant of the second Randal . It will be seen, that the signature of Philip de Orreby is appended to all the three charters. Now it is imposible that he could have been a witness even to the second charter, if it had been granted by Randal II. taking it to be in the last. year of his reign. This earl died in 1153 and Philip de Orreby lived to the year 1231, a period of seventy-eight years - an interval far too great to allow his being a party to documents so distantly asunder Besides, the second charter, as well as the first, bears the name of Roger Lacy, the constable, who was contemporary with Orreby, and is the same who flew to the rescue of Randal Blundeville, while besieged in the castle of Rhuddlan. Nor have I been able to find in the public grants of either of the first Randals, of which Sir Peter Leicester gives a long list, any of the names of these three individuals, as subscribing witnesses, except that of Hugh the abbot, erroneously placed by Webb to the first charter; nor are the names of any of them mentioned in the transactions of the two first Randals. That the third charter was granted by Blundeville, is undeniable, being attested by Hugh, the abbot, installed as before-mentioned in 1208, and by Philip de Orreby, as justice of Chester, to which dignity he was appointed about 1202.

Upon a thorough examination of the whole, I therefore arrive at this conclusion, that all the above three charters were granted by the same individual, namely, Randal Blundeville; and this hypothesis receives an increased probability from the circumstance, that his reign extended to the unusual period of fifty-one years. It will be observed, that in each a recognition is made of previously existing grants, and it is certain the city had received favorable immunities as early as the local monarchy, and indeed before that period, though I know of no written document extant, to ascertain their precise character.

Earl John the Scot, granted the same powers to the Guild Mercatorie, as freely as in the time of his uncle Randal There was likewise a charter from King John in confirmation of other charters granted by King Henry II. which seems to have related to the customs between Chester and Ireland .