Manuscript Vellum Documents - Manor Court Roll Housed in a Leather Cylindrical Clamshell Case - Land Owned by King Charles II de BERKELEY, John - Baron of Stratton - 1665

Norfolk, 1665. Methwold in Norfolk, 1665-1674. Manuscript manor court roll from Methwold Manor, which was then being leased from King Charles II by John Berkeley, 1st Baron Berkeley of Stratton (1602-1678), tenant-in-chief (or vassal-in-chief) of Methwold Manor, and also founder and co-proprietor of what is now the state of New Jersey. These are the lordship's retained copies, comprising 12 manuscript documents written successively on 30 vellum leafs, each with text recto and verso, and each signed in the original by Thomam Thornley who played a principle role in the administrator of the manor. Text is primarily in Latin, though some documents contain some detail in both Latin and English. Documents are stitched together and rolled into a scroll, the outer document being a two piece vellum indenture for land and sheep, written entirely in English, The manor roll is housed in a leather cylindrical clamshell case measuring approximately 31 cm in height and 13 cm in diameter. Latin documents measure approximately 67 x 26 cm, some marginally larger. The outer two part document measures 102 x 30 cm, and forms the wrap to the lot, its end trimmed to a point (loss to text), where a string has been affixed to roll and tie the documents with. Some age-toning, indication of moisture to one document, otherwise in very good and original condition, beautifully preserved, complete, a fine example of exceedingly scarce early primary source manorial court roll documents. Recorded in the annals of Norfolk, and corroborated by these seventeenth century manuscript documents, John Berkeley, 1st Baron of Stratton (1602-1678), held Methwold Manor by lease from the Crown, specifically his friend Charles II. He most likely acquired the land between 1650 and 1650. Lord Berkley of Stratton was closely associated in politics and colonial affairs, with both King Charles II and James II of England, and thus became one of the two founders of the Province of New Jersey - the British colony in North America, being co-proprietor of New Jersey from 1664 to 1674. He was also one of the eight Lords Proprietors to be granted control of the Province of Carolina. Interesting to note, the manor court roll documents coincide with the period that Lord Berkeley co-owned New Jersey, an appointment which consumed much of his time. The documents are all signed by a Thomam Thornley, most likely Berkeley's steward, hired to manage his holdings in Methwold for the time. The Baron died in 1678, only four years after the last document here was made, the rights to Methwold Manor, which was leased from King Charles II, then bequeathed to Baron Berkeley's widow Christiana. Upon the king's death in 1685, the king's widow Catherine, Queen Dowager, gained the title to the land. Subsequently, in 1687, she made a new lease for Methwold Manor with Christiana, effectively creating a most unusual circumstance for the period, a land indenture between two widows. Christina evidently granted all rights and obligations associated with the manor to her sons, firstly Charles Berkeley, 2nd Baron of Stratton, then John Berkeley, 3rd Baron of Stratton. It is John Berkeley's (junior) will that reveals the latter history of Methwold manor and that confirms its connection to the founder of New Jersey. [In this period, a 'manor' was a tract of land granted by royal charter, being a feudal ownership of the land with rights of inheritance.] The National Archives, Kew, holds a document from 1671 pertaining to Methwold Manor and others in the region, otherwise any record of it, from this period, is scarce. Neither the Norfolk Parish Registers, nor the Norfolk Archdeacon's Transcripts, nor the Norfolk Bishop's Transcripts, (three separate indexes to baptisms, marriages and burials), have information prior to 1725 for Methwold. Several names are listed in these documents, making this an excellent primary source for the manor. This is an original court roll for the Manor of Methwold in the county of Norfolk, the Lord of the Manor being John Berkeley, Lord Proprietor of the American colony of Carolina, and founder and proprietor of New Jersey. Comprising significant manorial documents made in a neat seventeenth century hand, preserved here is an entire decade's transactions. Being in the good graces of King Charles II, Lord Berkeley was not only the recipient of two very desirable tracts of land in America, he was also granted a lease for the Manor of Methwold, a region and village of special interest to Charles II for its delectable muel rabbits. He also held other feudal lands in the Kingdom of England. At Methwold Manor, Lord Berkeley demanded a manorial court be held annually, to deal with matters of land tenure, administration of the manor, and tenant agreements. Typically, the lord or his steward presided over the court session, whilst the parish clerk would write the record on the manorial rolls, suggesting that Lord Berkeley himself may have been physically present for some of these proceedings, in the final few years of his life. The activities of a manorial court sessions, were kept in a court roll, also called a manorial roll. The records contained entries relating to the rents and holdings, deaths, alienations, and successions of the customary tenants or copyholders. As seen here, entries usually began with the date of the proceeding and an introduction to the Lord of the Manor, followed by a list of jurors selected from the manor, apologies and/or fines for those manorial tenants unable to attend the court. General matters such as a failure to maintain highways or gates are followed by specific items such as the death and inheritance of a tenant since the last court, and any surrenders of land, forfeits, or licences to let. Where land changed hands between customary tenants, a copy of the relevant entry in the court roll constituted the tenant's title to his holding, and this form of land tenure therefore became known as copyhold. In this particular manorial court roll, Baron John Berkeley of Stratton is named as Lord of the Manor in the documents made from 1665 to 1668, the year of his death. Thomam Thornley is also named in the introductions, and his signature is seen on all of the documents, suggesting that he was Berkeley's right hand man, his steward, as opposed to simply a parish clerk. The 1669 document no longer names Berkeley, although it is still Thomam Thornley who is managing the affairs of the manor on behalf of the Berkeley family. In 1673 Adm [Admiral] John Berkeley is named, being the second son of the aforementioned John Berkeley, and the 3rd Baron of Stratton after succeeding his late elder brother. Following the introductory statement is the list of jurors, whom are also tenants of Methwold Manor. Several of the present documents also conclude with a 'constabular jurat' which names the parties who had a judicial function and who were sworn to oath for the proceeding. Matters recorded here concern the tenants' permissible usage of the land, and some very specific and peculiar restrictions in keeping with ancient tradition as well as practical guidelines. Following the general rules and regulations, personal tenancy matters are described and resolved on an individual basis for specific parties. The outer document of the roll is a two piece vellum indenture, unique to the others, written entirely in English and pertaining to a land lease and mentioning Methwold's famous sheep. The name Robert Walpole appears in this document, perhaps Whig politician Colonel Robert Walpole (1650-1700) whose father ardently supported Charles II, or his son Sir Robert Walpole, 1st Earl of Orford, the British statesman who is generally regarded as the de facto first Prime Minister of Great Britain. Excerpts from the earliest manuscript (This document is mostly in Latin, with some clauses in English): [Methwold, 1665] "Methwold de Lantastr... nobilis Jonis Ini Berkeley Baron de Stratton... tent i manio... sextimo annoq uni millimo sextentimo sexagosimo-quinto... & Thomam Thornley." "Jurat.... Abraham Younge... Abraham Russell... Thomas Goodridge... Joheb Sutter... Thomas Johnson... Johnathon Arowsmith... Joheb Wright... Thomas Paine." "We agree that... three shilling favour... to the Lord of the Manor. " "... no dirtt shall be digged in any [xx] of the common, but in the plaine plate... And that any man shall digg but sixe thousand for his tenement... If any shall offend in this he shall forfeit tenne shillings to the [vassal?] aforesaid, And the dirtt shall be digged according to the old agreement." "... no flaggs shall be digged at any [gate?] on the common... but from the tenth daie of May untill the tenth daie of June... if any man shall digge any after... it shall be lawful for the [xxx] to dispose of them." "... no hoggs shall be fixt upon the comon [xx], and that it shall be lawful for the [xx] to impound them..." End excerpts. [Items of peripheral interest: Abraham Younge, mentioned above, made and signed a petition for Methwold, against the river drainage taking place, specifically a dam which was erected, mentioning that some 1700 sheep and 300-400 beeves had been fed on the land previously.] During the medieval era, village stewards represented the lord, effectively controlling the town or city. Although stewards were essentially servants, they wielded a great deal of power. In villages, stewards might be called upon for judicial matters. In the lord's absence, the steward was in charge, which emphasizes their role as trustworthy and loyal servants who acted in the best interests of their masters. Various duties were imposed in a feudal system, such obligations owed by a vassal to his lord can be categorised into four types: military (auxilium), court duties (consilium), special taxes (aids) and incidents. Court duties encompassed everything from guarding grounds or castles, rendering advice in council, providing squires, and even in some cases providing de facto hostages. Lord Berkeley's manor court roll is a superb and important primary source record of feudal manorialism. These vellum leafs reveal specific interests and values of English nobles and royals, as well as the conditions and constraints under which peasants lived. In addition, they illustrate the court duties (consilium) which were often entrusted and assigned to a village steward or vassal, one who was most trusted and favoured by the Lord of the Manor. Methwold ("Middle forest") is a civil parish in the English county of Norfolk. Situated in the Hundred of Grimeshou, when in 1399 King Henry IV of England claimed the throne, Methwold was vested to the Crown. As the 2nd Duke of Lancaster, and having ultimately acquired the land from his father, Methwold was from then on to be held by the succeeding kings or queens, as Dukes of Lancaster (currently Queen Elizabeth II). Methwold became famous for its abundance and excellence of its rabbits which were sold by poulterers as "Muel Rabbits". King Charles II was so very pleased with a meal of muel rabbits from his own manor, that was reputed to have subsequently granted the village a charter for a market to be held on Tuesdays, as well as exemption from road and bridge tolls. Also satisfying his love of gambling sports, there he also viewed a cock-fight, which was popular in the district. Maps from the 16th century show a huge warren of 1500 acres on the sandy soil to the south east of the village. The settlement had become a Market town but the parish lands had changed again in the 1630s as a result of Vermuyden's comprehensive plan for draining the many thousands of acres of fen. As a result, large new allotments (severals') were granted to the Crown and to private individuals from the former common fens. Following the English Civil Wars further cuts were made (including the New Bedford River) and large blocks of fenland were allocated to investors. Some traces of the ownership at that time can still be seen in names such as Kings Lynn and Queen's Ground in Methwold, tracts of land which are believed to have been claimed from the drainage which was approved by Charles I and then granted to his friends and associates. During the reign of Charles II, at the time of these documents, Methwold was transitioning from a Tudor society dominated by nobility, gentry and merchants, to a region of small farming and smaller tenantry. Modest homes of wooden frames filled with chalk and mortar began to dot the countryside. The parish is large, some 4900 hectares (12108 acres) in area, and encompasses the village of Methwold, and hamlets of Methwold Hythe to the west. The village of Methwold was once substantial and notable. Today it retains some of the buildings from its greatest eras, including St. George's Church, the Old Vicarage which dates from the 15th century. John Berkeley (1602-1678), first Baron Berkeley of Stratton, Co-Founder and Proprietor of New Jersey, and Lord Proprietor of [North] Carolina, was closely associated with James, Duke of York (later King), as well as his brother King Charles II of England, through which gained great political advancement, prominence, and fortune. He is connected to the colonial history of the United States of America as well as the historical monarchy of Great Britain. Some of his notable appointments include: Member of Parliament for Heytesbury in 1640; Royalist Commissary-General under Sir Ralph Hopton during the English Civil War; Controller of the Duke of York's household in 1652; Commissioner of the Navy 1660-1664; Governor of Galway, Ireland in 1661-1664; Lord-President of Connaught between 1662 and 1666; Privy Counsellor in 1663; Chief Commissioner for executing the office of Master General of the Ordnance from 1665 to 1670, and Ambassador to France from 1675 to 1676. In 1670 he went to Ireland as Lord Lieutenant, holding that office for two years. He was raised to peerage and created 1st Baron Berkeley of Stratton, Cornwall [England] on 19 May 1658, during King Charles II's exile in Brussels. Upon Berkeley's return from his three-year tenure as the Lord-Lieutenant of Ireland, in 1665 he began building Berkeley House, a palace near Piccadilly, which would finally be completed in 1673. In 1668 Berkeley bought Twickenham Park, where he and his family would be buried. A skillful politician, John Berkeley was president of the important Council for Foreign Plantations, making many decisions affecting British possessions in America. From 1663 until his death, he was one of the eight Lords Proprietors of the colony of Carolina. On 24 March 1663, King Charles II signed the first Charter for the colony known as the Province of Carolina, granting liberal authority over a gigantic tract of land in the New World to eight of his strongest supporters in his restoration to the Crown after the English Civil War, naming them Lords Proprietors. A subsequent charter was made in 1665. He was also co-proprietor of New Jersey from 1664 to 1674. In 1665, Berkeley and Sir George Carteret drafted the Concession and Agreement, a proclamation for the structure of the government for the Province of New Jersey. The document also provided freedom of religion in the colony. Berkeley sold his share of New Jersey in 1674 to a group of Quakers because of the political difficulties between New York Governor Richard Nicolls, Carteret, and himself. This effectively split New Jersey into two colonies: East Jersey, belonging to Carteret, and West Jersey. The division remained until 1702 when West Jersey went bankrupt, at which time the Crown then took back and subsequently re-unified the colony. Upon his death in 1678, his share of Carolina was sold to John Archdale, who became governor of Carolina from 1694 to 1696. [Of peripheral interest: Sir William Berkeley (1605-1677), brother of John Berkeley, was Governor of Virginia from 1640-1652 and 1660-1675.] John Berkeley, 1st Baron Berkeley of Stratton, (1602- 1678) was baptized at Hanworth, London, England. He was the son of Sir Maurice Berkeley and Elizabeth Killigrew. Circa 1661-62 he married Christiana Riccard (1639-1698) née Riccard, the only daughter of a wealthy London alderman and MP, and merchant of East India Company, Sir Andrew Riccard. They lived in the Berkeley House in London for a number of years, and had three children, as follows: • Honorable Charles Berkeley, 2nd Baron Berkeley of Stratton (1662-1681), Captain of a man-of-war HMS Tiger • Admiral John Berkeley, 3rd Baron Berkeley of Stratton (1663-1697), an English admiral who participated in the Nine Years' War • William Berkeley, 4th Baron Berkeley of Stratton (died 24 March 1741), a politician and judge, Chancellor of the Duchy of Lancaster 1710-1714, First Lord of Trade from 1714-1715 • Anne Berkeley, their only daughter The final will and testament of his second son, Admiral John Berkeley (1663-1697), reveals the history of inheritance, as far as the rights to Methwold Manor is concerned. It also confirms that the lessor was King Charles II. The will was made on 25 April 1696, and was proved on 15 April 1697 by his younger brother William. At the time of his will being proved, his mother Christiana, Lady Berkeley, was the lease holder. Catherine of Braganza, Queen of England, Scotland and Ireland, widow of King Charles II, was the lessor, who inherited the leasehold title upon his death. The following is a transcript of the will, as published in "Miscellanea Genealogica et Heraldica": Volume V, London 1894. John, Lord Berkeley, 3rd Baron of Stratton, co. Cornwall. Will dated 25 Apr. 1696; codicil; proved 15 Apr. 1697 by his brother Wm, Lord Berkeley of Stratton. "To be buried in the Vault at Twittenham with my father & brother. All my Manors, lands, etc. (except hereinafter mentioned), to my sons (if any) in succession, & their heirs, remr in default to my brother Wm Berkeley & his heirs, remr to my sister Dame Anne Cullum & her heirs, remr to Mr John Berkeley of Stoke & his heirs, remr to my right heirs. My Manor & Lordship of Methwold, co. Norfolk, & other lands, etc., named in an Indenture of Lease dat. 1 July 1687, between H.M. Katherine, Queen Dowager, & her Trustees of 1 part, & my mother Christian, Lady Berkeley, of the other part, after the decease of my sd mother, to such eldest son as I shall have on the body of my wife, remr in default to my brother Wm Berkeley. By Ind're 24 Mar. 1691, between me & my wife Jane, Lady Berkeley, & my brother Wm Berkeley of 1 part, Wm Longueville & Martin Folkes, esq", of the 2nd part, & Sir Wm Temple, Bart., Sir John Temple, Knt., & Henry Temple, Esqr, of the 3d part, certain lands, etc., for 100 years in trust to raise portions for such children as I might have, & whereas I have an only da. Mary Berkeley, but my wife may be now enceinte, but should I have no son, or other da", then my da. Mary to have certain provisions under the said Trust. To my wife £200 yearly by Warrant under H.M. Privy Seal, until the sum of £2000 is paid, & all my goods & household stuff, & also the goods I lately gave my mother to go to my wife at my mother's decease. My brother Wm Berkeley, Sir John Hawles, & Tho" Mawle, to be Ex'ors, & they, with Sir John Temple, to be guardians of my sd da. during minority." Berkeley. Feudalism as practiced in the Kingdom of England was a state of human society which was formally structured and stratified on the basis of land tenure and the varieties thereof. Society was thus ordered around relationships derived from the holding of land, which landholdings are termed "fiefdoms, fiefs, or fees". These political and military customs existed in medieval Europe, having developed around 700 A.D., flourished up to about the first quarter of the 14th century, and declined until their legal abolition in England with the Tenures Abolition Act 1660. Under the English feudal system, the person of the king was the only absolute "owner" of land. All nobles, knights and other tenants, termed vassals, merely "held" land from the king, who was thus at the top of the "feudal pyramid". When feudal land grants were of indefinite or indeterminate duration, such grants were deemed freehold, while fixed term and non-hereditable grants were deemed non-freehold. However, even freehold fiefs were not unconditionally heritable--before inheriting, the heir had to pay a suitable feudal relief. . Very Good.