The History of Waltham Abby in Essex, Part 1
The Re-foundation of WALTHAM-ABBY by HENRY the Second.
ONe will eaſily believe, that at the death of King Harold, Waltham-Abby, Waltham Canons in a ſad condition.Founded by him, was in a ſwoon, and the Canons therein much diſheartned. However, they had one help, which was this; that, Edward the Confeſſour was the confirmer of their Foundation, whoſe memory was not onelyonly freſh and fair in all mens mindes (bearing a veneration to his ſuppoſed ſanctity) but alſo King William the Conquerour, had the beſt of his bad titles by bequeſt of the Crown from this Confeſſour. So that in ſome ſenſe Waltham-Abby might humbly crave kindred of King William, both deriving their beſt being from one and the ſame perſon.The induſtry of Rob. Fuller laſt Abbot of Waltham.
Know Reader, that what ever hereafter I alledg touching the Lands and Liberties of Waltham (if not otherwiſe atteſted by ſome Author in the margin) is by me faithfully tranſcribed out of Waltham Leidger-Book, now in the poſſeſſion of the Right Honourable, JAMES Earl of Carlile. This Book was collected by Robert Fuller, the laſt Abbot of Waltham; who, though he could not keep his Abby from diſſolution, did preſerve the Antiquities thereof from oblivion. The Book (as appears by many inſcriptions in the initial Text-letters) was made by himſelf, having as happy an hand in fair and faſt writing, as ſome of his Sir-name ſince have been defective therein.
Anno Dom. 1102 Anno Regis Hen. 1 3. Not long after the Conqueſt, Waltham-Abby found good Benefactors, and Queen Maud gives Waltham Monks a Mill.conſiderable additions to their maintenance. For, Maud, the firſt Queen to King Henry the firſt, beſtowed on them the Mill at Waltham, which ſhe had by exchange for Trinity-Church in London, which I take to be part of the Trintly-Priory, now called the Dukes-place.
Anno Dom. 1130 Anno Regis Hen. 1. 31. Adeliſia, ſecond wife to King Henry the firſt, being poſſeſſed of Waltham as part of her Revenue, gave all the Tythes thereof, as well of her Demeſnes, Queen Adeliſia the Tythesas all Tenants therein, to the Canons of Waltham: Mean time how poorly was the Priest of the place provided for? Yea, a glutton Monaſtery in former ages, makes an hungrie Miniſtrie in our dayes. An Abby and a Parſonage unimpropriate in the ſame place, are as inconſiſtent together, as good woods and an Iron Mill. Had not Waltham Church lately met with a Noble Founder, the Miniſter thereof muſt have kept more faſting-dayes, then ever were put in the Roman Calender.
Anno Dom. 1135 Anno Regis Steph. 1: King Stephen, though he came a wrong way to the Crown, yet did all King Steven his bounty.right to the Monaſtery of Waltham (as who generally ſought the good will of the Clergie to ſtrengthen himſelf) and confirmed all their Lands, profits, and priviledges unto them.
Anno Dom. 1156 Anno Regis Hen. 2 2. King Henry the ſecond utterly diſſolved the foundation of Dean and eleven King Henry diſſolves the Dean and Canons at WalthamCanons at Waltham. The debauchedneſs of their lives is rendred in his Charter as the occaſion thereof, Cum in ea Canonici Clerici que minùs religiosè & aequaliter vixiſſent, ita quòd infamia converſationis illorum multos ſcandaliſaſſet. Whether theſe were really, or onelyonly reputed vitious, God knows, ſeeing all thoſe muſt be guilty whom power is pleaſed to pronounce ſo. Sure it is, King Henry outed this Dean and Canons, and placed an Abbot and Regular Auguſtinians in their room, encreaſing their number to twenty four. And becauſe (to uſe the Kings own words) it was fit that Chriſt his Spouſe ſhould have a new dowry, he not onelyonly confirmed to this Monaſtery the primitive patrimony, mentioned in the Confeſſors Charter, cum peciis terrae, With many pieces of land, and tenements, which their Benefactors ſince beſtowed upon them; but alſo conferred the rich Manors of Sewardſtone, and Eppings on this Monaſtery.
The whole Charter of King Henry is too long to tranſcribe, but ſome paſſages Auguſtinians ſubſtituted in their room.therein muſt not be omitted. Firſt, the King had the conſent of Pope Alexander, for the ſuppreſſion of theſe Canons; the rather moved thereunto, quia praedictis Canonicis ſufficienter proviſum fuit, becauſe the aforeſaid expelled Canons had ſufficient proviſion made for them. For, grant them never ſo ſcandalous, this was to add ſcandal to ſcandal, to thruſt them out of houſe and home, without any means or maintenance. Secondly, this Charter preſents us with the ancient liberties of Waltham-Church, that, Semper fuit Regalis Capella ex primitiva ſui fundatione, nulli Archiepiſcopo vel Epiſcopo, ſed tantùm Eccleſiae Romanae & Regiae diſpoſitioni ſubjecta. And, though ſince Reformation, the Church hath been ſubjected to the Arch-Biſhops juriſdiction (as ſucceeding to the Royal power) and ſometimes (with grumbling and reluctancy) to the Epiſcopal power, yet it never as yet owned an Arch-Deacon, or appeared at his Viſitation.
The metioning of the conſent of Pope Alexander to the ſuppreſſion of Rome-land in Waltham.Waltham Dean and Canons, and ſubſtituting Auguſtinians in their room, mindeth me of a ſpacious place in this Town, at the entrance of the Abby, built about with houſes, called Rome-land, as (Peter-pence were termed Rome-ſcot) at this day. It is generally believed, that the rents thereof peculiarly belonged to the Church of Rome. Thus the Pope would not be ſo bad a carver, as to cut all away to others, and reſerve no corner to himſelf.
Anno Dom. 1189 Anno Regis Ric. 1 1. King Richard the firſt (though generally not too loving to the Clergie) Fitz-Aucher ſetled at Copt-Hall.amply confirmed his Fathers Foundation, and gave Lands to Richard Fitz-Aucher in this Pariſh, to hold them in Fee, and hereditarily of the Church of Waltham-Holy-Croſs. This Fitz-Aucher fixed himſelf at Copt-Hall, a ſtately houſe in the Pariſh. Whether ſo called contractedly, quaſi Cobbing-Hall, from Cobbing, Anno Dom. 1226 Anno Regis Hen. 3 10. a rivolet running not far off, or from two ancient and eſſential Turrets of that houſe, which are coped and covered with Lead: or from (in my minde moſt probable) an high and ſharp Hill (thus Copeland ſo called in Cumberland) whereon the houſe is founded.
In or about this Kings Reign, Hugh Nevil, with the conſent of Jone his Hugh Nevil a bountiful benefactor.wife, and John his ſon, beſtowed the Manor of Thorndon on the Monaſtery of Waltham, of whom largely before.
King Henry the third, to ſpare Court-keeping, came often and lay long at Abbies; ſo that Waltham (the neareſt mitred Abby to London) had much of his company. Being a Religious Prince, great were his deſires, but withall neceſsitous, ſmall his deeds in endowing Churches. However, what he wanted in giving himſelf, he ſupplied in confirming the gifts of others. And finding it the cheapeſt way of benefaction, to give liberties then lands, he beſtowed on Waltham a weekly Market and a Faire (ſo called à feriando, from peoples playing there) to laſt ſeven dayes; which now is divided into two, but of ſhorter continuance, the one on the third day of May, the Invention, the other on the fourteenth of September, the Exaltation of the Croſs.
We now have a Market on Tueſday, but cannot boaſt of much trading Waltham Market.therein. Indeed there is plenty of Fleſh, but little Corn brought thither: and Bread is the ſtaff, as of a man, ſo of a Market. Nor let us impute the thinneſs of Chapmen in Summer to Husbandmens having no leaſure, as buſied in tillage, Hay, or harveſt: or in Winter to their having no pleaſure to repair thither in ſo deep and dirty wayes, ſeeing the plain truth is, no underwood can thrive neer the droppings of ſo great an Oke, the vicinity of London. The golden Market in Leaden-Hall, makes leaden Markets in all the Townes thereabouts.
Anno Dom. 1245 Anno Regis Hen. 3 30. In the firſt year that Simon was made Abbot (which by exacteſt proportion Broils betwixt the Abbot and the Townſmen about Commons.we collect to be about the thirtieth year of King Henry the third) the *M. S. of Edward Stacy, written (as appears by character) 140 years ſince, fol. 42.men of Waltham came into the Marſh, which the Abbot and his Covent formerly enjoyed, as ſeveral to themſelves, killed four Mares, worth fourty ſhillings ſterling at leaſt, and drove away all the reſt. The Abbot was politickly pleaſed, for the preſent not to take notice thereof. The next year ſome men of Waltham went to the Abbot, the Thurſday before Eaſter, in the name of the whole Village, and demanded of him to remove his Mares and Colts out of the Marſh. This the Abbot refuſed to do, adding withal, that if his Bailiffs had placed his Cattle otherwhere then they ought, they might do well to have it amended, yet ſo, as to defer the matter till Tueſday after Eaſter.
Anno Dom. 1246 Anno Regis Hen. 3 31. On that Tueſday, Richard, Brother to the King, Duke of Cornwall, came The ſturdineſs of the Townſmen.to Waltham, at what time both the men and women of the Town repaired to the gate of the Abbey, to receive the Abbots final anſwer. He told them that he could not ſpeak with them for the preſent, as providing himſelf for a long journey into Lincoln-ſhire, there to viſit the Juſtices itinerant; but by his Prior and other Canons, he deſired them to be patient till his return, when he would mend what was to be mended. Not ſatisfied therewith, and neither reſpecting the ſpiritual holineſs of the Abbot, nor Temporal greatneſs of the Duke, railed at and reviled him. Then into the paſture they go, and, in driving out the Abbots Mares and Colts, drowned three worth twenty ſhillings, ſpoiled ten moe, to the value of ten marks, and beat their keepers who reſiſted them, even to the ſhedding of bloud.
But, after the Abbot returned from Lincoln-ſhire, the Townſmen, fearing The moſt guiltie firſt accuſe.they ſhould be trounced for their riot, deſired a Love-day, ſubmitted themſelves unto him, and profered to pay him damage. But next day, when the performance of theſe promiſes were expected, away went the Waltham-men, with their wives and children, to the King to London, inraging him as much as in them lay, againſt the Abbot, accuſing him that he would diſinherit them of their right, Anno Dom. 1246 Anno Regis Hen. 3 31. bring up new cuſtomes, take away their Paſtures, and (to uſe their own words) eat them up to the bones; and that he had wounded and abuſed ſome of them, who ſtood defending their own rights. Which falſe report was believed of many, to the great diſgrace of the Covent of Waltham.
The Abbot would not put up ſo great a wrong, but, having Epiſcopal The Abbot comes off conqueror.power in himſelf, proceeded to the Excommunication of the Rebellious Walthamites. But the Townſmen went another way to work, namely, to defend their right by the Common Laws of the Realm. Whereupon Stephen Fitz-Bennet, Simon of the Wood, William Theyden, and Ralph of the Bridge, in the name of all the reſt, implead the Abbot for appropriating their Commons to himſelf. But in fine (after many croſs pleadings here too long to relate) the Abbot ſo acquitted himſelf, that he made both his own right and the Townſmens riot to appear: who at laſt at the Kings-Bench were glad to confeſs that they had done evil, and were amerced twenty Marks to the Abbot, which he not onelyonly remitted unto them, but alſo on their ſubmiſſion aſſoiled them from the Excommunication.
Anno Dom. 1248 Anno Regis Hen. 3 33. The brawls betwixt the Abbot and Townſmen of Waltham were no ſooner The ſute betwixt the Abbot of Waltham and the Lord of Cheſthunt.ended, but far fiercer began betwixt the ſaid Abbot and the Lord of Cheſthunt, on the like occaſion. This Cheſthunt is a large Pariſh in Hertford-ſhire, confining on the West of Waltham, ſo called ſaith *In his ſhort Survey of Hertford-ſhire.Norden, quaſi Caſtanetum, of Cheſtnut-trees, though now, I believe, one hardly appears in the whole Lordſhip. In this ſute,
Plaintiff.
Peter, Duke of Savoy, the Kings dear Uncle, (firſt founder, I take it, of the Savoy in London) on whom the King conferred many Lordſhips, and Cheſthunt amongſt the reſt.
Judges.
Ralph Fitz-Nicolas, John of Lexington, Paulin Peyner Seneſchal, Henry of Bath, Jeremy of Caxton, Henry de Bretton.
Defendant.
Simon, the Abbot, and the Covent of Waltham.
Solicitor.
Adam de Alverton.
The Caſe.
The Plaintiff endeavoured to prove, that the ſtream of Ley, (called the Kings-Stream) dividing Hertford-ſhire from Eſſex, ran thorow the Town of Waltham, all the land West thereof belonging to the Manor of Cheſthunt. This was denied by the Defendant, maintaining that Small-Ley-ſtream, running welnigh half a mile West of Waltham, parted the Counties, all the interjacent meadows pertained to Waltham.
Peruſing the names of theſe the Kings Juſtices at Weſtminſter, who would A like not the ſame.not ſuſpect, but that this Henry of Bath was Biſhop of that See? conſidering how many Clergy-men in that age, were imployed in places of Judicature. But the ſuſpicion is cauſleſs, finding none of that name in the Epiſcopal Catalogue. Others in like manner may apprehend, that Bretton, here mentioned, was that Learned Lawyer (afterwards Biſhop of Hereford) who wrote the *See Godwin in his Biſhops of Hereford.Book De Juribus Anglicanis, and who flouriſhed in the latter end of the Reign of this King Henry the third. But his name being John, not Henry, diſcovereth him a different perſon.
Not long after, this ſute was finally determined, and Peter Duke of Savoy remiſed and quit-claimed from him and his Heirs, to the ſaid Abbot and his Succeſſors, the right and claim he had to ask in the ſame Meadows and Marſhes of the ſaid Abbot. This is called in the Inſtrument ſinalis concordia, though it proved neither final, nor a concord. For, ſoon after this pallia… cure broke out again, and the matter was in variance and undetermined betwixt Robert, the laſt Abbot, and the Lord of Cheſthunt, when the Abby was diſſolved.
Many acceſsions (beſides thoſe common prolongers of all ſutes, namely the heat of mens anger, and the bellows of inſtruments, gaining by Law) did concur to lengthen this cauſe.
1. The conſiderableneſs and concernment of the thing controverted, being a large and rich portion of ground.
2. The difficulty of the cauſe, about the chanels of that River, which, Proteus-like, in ſeveral Ages hath appeared in ſundry formes, diſguiſed by derivations on different occaſions.
3. The greatneſs of the Clients; Cheſthunt Lordſhip being alwayes in the hand of ſome potent perſon, and the Corporation of Waltham Covent able to wage Law with him.
Hence hath this ſute been as long-liv'd as any in England, (not excepting that in *Cambden in Gloceſter-ſhire.Gloceſter-ſhire, betwixt the poſterity of Vice-Count Liſle, and the Lord Barkley;) ſeeing very lately (if not at this day) there were ſome ſutes about our bounds; Waltham Meadows being very rich in graſs and hay, but too fruitful in contentions.
For mine own part, that wound which I cannot heal, I will not widen: and, ſeeing I may ſay with the Poet,
Non noſtrum inter vos tantas componere lites.
No power of mine ſo far extends,
As for to make both parties friends.
I will not turn, of an unpartial Historian, an engaged perſon, who as a neighbour wiſh well to Cheſthunt, as a Pariſhioner better to Waltham; as a Chriſtian, beſt to both. And therefore ſo much for matter of fact, in our Records and Leiger-books, leaving all matters of right for others to decide.
Mean time, whileſt the Abbot and Monks of Waltham, were vexed with the men of Cheſthunt, they found more favour (if publick fame belies them not) from ſome loving women in that Pariſh, I mean the Holy Sisters in Cheſthunt-Nunnery, whoſe Houſe (when ever Founded) I finde ſome ten years ſince thus confirmed by Royal Authority.
Henricus Rex Anglie, Dominus Hybernie, Dux Normanie, Aquitanie, Cheſthunt Nunnery Founded.& Comes Andegavie &c. Sheſtrehunt Moniales totam terram Dom. teneant cum pertinentiis ſuiſ que Canonicis de Cathele &c. quos amoveri fecimus. Datum apud Weſt. xj. Aug. Anno Regni noſtri xxiiij.
But this ſubject begins to ſwell beyond the bounds intended unto it, leſt therefore what we intended but a Tract ſhould ſwell to a Tome, we will here deſcend to matters of later date.
OnelyOnly be it premiſed, that ſome years before the Diſſolution, Robert the Copt-Hall paſt to King Hen. 8.laſt Abbot of Waltham, paſſed over the fair ſeat of Copt-Hall, unto King Henry the eighth. Thus as the Caſtor, when purſued by the Hunter, to make his eſcape is reported to bite off his own ſtones, (as the main treaſure ſought after) and ſo ſaves his life by loſing a limb: So this Abbot politickly parted with that ſtately Manſion, in hope thereby to preſerve the reſt of his revenues. However all would not do, (ſo impoſſible it is to ſave, what is deſign'd to ruine) and few years after, the Abby, with the large Lands thereof, were ſeized on by the King, and for ſome Moneths, He alone ſtood poſſeſſed thereof.