British freewomen : $b Their historical privilegeStopes, C. C. (Charlotte Carmichael)
History
British freewomen : $b Their historical privilege
Stopes, C. C. (Charlotte Carmichael)
Women -- Great Britain; Women -- History
=Received Homage.=—Many examples are given in the “Rotuli Hundredorum,”
“Testa de Nevil” and “Kirkby’s Inquest.” Isabella and Idonea de
Veteripont insisted on Fealty and Homage from the inhabitants of
Appleby. 4 Edward I., as did Anne Clifford later (Nicholson’s “History
of Westmoreland,” v. 2). One curious distinction comes in here between
the sexes, as a result of the system of _coparceny_ among sisters. A
brother might pay Homage to his brother, but not a sister to her sister.
The statute of 20 Henry III. (1236) enacted that “the law regarding
sisters, co-heirs, be used for Ireland as in England, that the eldest
sister only pay Homage to the Overlord or to the King in her own name
and that of her sisters, but that the sisters do not pay Homage to the
sister for that would be to make her Seigneuress over the other sisters”
(Rot. Parl., 20 Henry III.).
=They could hold Courts Baron.=—A petition, 16 Richard II., appears,
praying that no Liegeman should be _compelled_ to appear at the Courts
and Councils of the Lord or of the Lady to reply for his freehold.
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.)
Public-domain text, read in full here on John Shaqi.
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