[The following documents relating to the alleged marriage of John Giffard and Aubrey de Caumvill (Vol. I, No. 875), have been recovered and added to the file. The beginning of each document is damaged and largely illegible.]
(1) Robert le Messager agrees with William Asce about the circumstances of the contract, assigning as his reason for remembering after so long a lapse of time the fact that a year and a half after the contract he set out on a pilgrimage to Santiago, and he returned eighteen years ago on the feast of Holy Trinity last.
The third proof (productio) of Aubrey de Chaunvill against John Giffard, admitted on Tuesday before St. Thomas the Apostle, 1259.
Brother Richard, canon of Stodleg , sworn and examined, says that eighteen years ago on Wednesday after the Assumption last, as he believes, he was present in the conventual church of Cochull Monialium between the third and ninth hour of the day when John Giffard, about whom is the enquiry, in the face of the church and in the presence of the witness, who officiated, being asked by witness whether he agreed to take the said Aubrey for his lawful wife and to have and to hold her before all others, answered that he did; and likewise the said Aubrey, being asked if she consented, answered that she did; after which the said John took the said Aubrey from the hand of the witness, saying I take thee to my lawful wife, to have and to hold all the days of my life ; and she answered I take thee, John, to my lawful husband, to have and to hold all the days of my life ;. and so they mutually plighted their troth (se affidaverunt). Then, taking the blessed ring from the priest s hand, the said John espoused (subarravit) the said Aubrey, saying: With this ring I thee wed and with my body and goods I thee honour ; after which, mass having been solemnized, he led her back to the town of Harwe, from which he had brought her, with a great company to feast with them. As concerning carnal intercourse he says that John begat of her a child, now five years of age, whom he treats and supports (exhibet) as his daughter, and for whose marriage he sought the king s writ to demand an aid from his people: but when first after the contract he had carnal knowledge of her the witness knows not. Asked the reason of his remembering after so long a lapse of time, he says that he knows that so much time has passed by the different places where he dwelt before he assumed the habit of a regular, in which habit he has been now for ten years. Asked as to the ages of the contracting parties, he says that John at the time of the contract was eight years old, as he believes; as to the woman s age he does not remember, but he says that she was taller than the husband. Asked if he came here to give evidence in this case out of love for the mover (partis actricis) or hatred for the defendant (partis ree), he says neither for love nor hatred but because he knows the truth of the matter and for the safety of his soul; nor does he receive anything for coming nor will receive; nor is he connected with them in any degree of consanguinity or affinity. Asked whether after the marriage contract in face of the church they stayed together in one house as man and wife, he says that, so far as he has heard from the reports of others, they did so for five years and more, and this at Stanhous and Rochamton and other manors of his at the said John s will. Asked as to the clothes of the contracting parties, he says that both of them wore green robes, as he believes. As to the putting away (remotione) of the woman, and the time, place and cause, he knows nothing. Asked if the neighbourhood (fama patrie) held them to be joined in marriage, he said yes. He says moreover that when John was in the king s wardship and the king wished to marry him, he excused himself by the said Aubrey, saying that he had already contracted marriage with her, as the witness has heard.
Alice de Rackeleg , sworn and examined as to the marriage contract made between John and Aubrey, the form of the contract and the place and time of the same, the birth of the child and her age and support, the request for an aid for marrying her, the age of the contracting parties, the excuse made to the king when he wished to marry John, the clothes of the contracting parties and their cohabitation, and her motives for giving evidence, agrees in everything with the last witness, adding that on the night after the contract she saw the said John and Aubrey lying solum cum sola nudum cum nuda in one bed, and afterwards more than a hundred times, as she believes. Moreover, from the time of the contract until Michaelmas last he always treated Aubrey as his lawful wife, but afterwards he sent her back to her brother s house, for what cause the witness knows not. The witness was present and saw all these things together with all her fellow witnesses and many others.
(2) Nicholas de Kynleg agrees in all points with brother Richard, the first witness, except that he did not officiate at the marriage. But he gives as his reason for remembering after so long a time the fact that three years before Friday after Michaelmas before the said contract he married his wife whom he still has; adding that the said Aubrey was 8 years old and more at the time of the contract.
Reynold de Rackeleg says that he neither saw nor heard nor was present when John married Aubrey in the face of the church; but he often saw him treat her honourably as his wife, as he ought to do. In all [other] respects the witness agrees with Richard the first witness, and gives as his reason for remembering after so long a time the fact that at the time of the reported marriage he was his father s attorney in the court of Aubrey s father.
Henry Ewerad agrees in all points with Nicholas de Kynleg , giving as his reason for remembering after so long a time the fact that in the same year in which the contract was made, about the feast of the Assumption, his wife bore him a daughter who is now 18 years old.
Robert Pretor agrees with Nicholas de Kynleg except as to the words of the contract. He says that the said John in contracting said Aubrey, I thee wed and will have thee as my lawful wife as long as I live, and that she answered And I thee, John, will have as my lawful husband as long as I live. He gives as his reason for remembering after so long a time the fact that his father died on the feast of SS. Peter and Paul before the said contract. He also makes this exception, that he knows not how the said John excused himself before the king, who wished to have married him when he was in his wardship.
Richard de Arwe agrees with the last witness in all points, except as to the words of the contract, about which he knows nothing. He gives as his reason for remembering after so long a time the fact that in the second year after the contract he married his wife.
William de Arwe says that he knows nothing about the words of the contract, but only about the espousal (subarracione). As to the rest he agrees with Richard de Arwe, giving as his reason for remembering after so long a time the age of a son of his who was born about the same time.
Nicholas de Kinleg and all following him, except Reynold, he when they say that Aubrey was 8 years old at the time of the contract.
Chellewrth. [The manor], held of the king in chief, doing service with an esquire and with a doublet, an iron cap, a lance, and an unarmed horse . for 20 days, and keeping the forest of Braden. An extent of the manor is given, with lists of free and customary tenants.
Colecote. A moiety thereof, held of the king of Almain, rendering 30s. yearly for all services. An extent is given, with lists of free and customary tenants.
Aston. The manor, held of the abbot of Teokebur , rendering 3s. yearly and suit of court twice a year. An extent of the manor is given, with lists of free and customary tenants.
Puriton. The manor, held by service of providing a serjeant for the abbot of Malmesbury, whenever the abbot shall be summoned to do the king s service, to do his turn according to the custom of the court of Malmesbury. At every summons the said Adam used to pay to the abbot 30s.; and at the fourth summons the heir shall provide a serjeant with an unarmed horse, a haubergun, an iron cap and a lance, and for that turn shall receive 40s. for doing the service. He shall also do suit to the court of Malmesbury. An extent of the manor is given, with lists of free and customary tenants.
Robert de Kaynes son of Sir William de Kaynes, who is in the king s wardship, is one of the heirs of the said Adam, having been born of Margery his eldest daughter, and was 16 years of age at the feast of the Annunciation, 50 Henry III. Isabel de Welle, formerly the wife of Sir Robert de Welle, aged , is his second heir. Katharine wife of Sir John Paynel, aged 32 years, is his third heir. See Vol. I, No. 633.