A History of Horncastle, from the earliest period to the present time. James Conway Walter
the first year of his tenure, obtained from the king three charters, conferring on the town of Horncastle immunities and privileges, which had the effect of raising the town from the status of little more than a village to that of the general mart of the surrounding country. The first of these charters gave the bishop, as lord of the manor, the right of free warren throughout the soke [18d]; the second gave him licence to hold an annual fair two days before the feast of St. Barnabas (June 11), to continue eight days; the third empowered him to hang felons. An additional charter was granted in the following year empowering the bishop to hold a weekly market on Wednesday (die Mercurii), which was afterwards changed to Saturday, on which day it is still held; also to hold another fair on the eve of the Feast of St. Laurence (Aug. 10th), to continue seven days. [18e]
We here quote a few words of the original Carlisle charter, as shewing the style of such documents in those days: “Henry to all Bishops, Bailiffs, Provosts, servants, &c., health. Know that we, by the guidance of God, and for the health of our soul, and of the souls of our ancestors and descendants, have granted, and confirmed by this present charter, to God, and the church of the blessed Mary of Carlisle, and to the Venerable Father, Walter, Bishop of Carlisle,” &c. It then goes on to specify, among other privileges, that the bishop shall have “all chattells of felons and fugitives, all amerciaments and fines from all men and tenants of the manor and soke; that the bishop and his successors shall be quit for ever to the king of all mercies, fines (&c.), that no constable of the king shall have power of entry, but that the whole shall pertain to the said bishop, except attachments touching pleas of the crown, and that all chattells, &c., either in the king’s court, or any other, shall be the bishop’s.” Then follow cases in which chattells of Robert Mawe, a fugitive, were demanded by the bishop, and £24 exacted from the township of Horncastle in lieu thereof; also 40s. from William, son of Drogo de Horncastre, for trespass, and other fines from Ralph Ascer, bailiff. Robert de Kirkby, &c., &c. The same document states that the bishop has a gallows (furcæ) at Horncastle for hanging offenders within the soke; and, in connection with this we may observe that in the south of the town is still a point called “Hangman’s Corner.”
These extensive powers, however, would hardly seem (to use the words of the charter) to have been “for the good of the souls” of the bishop or his successors, since they rather had the effect of leading him to the abuse of his rights. Accordingly, in the reign of Edward III., a plea was entered at Westminster, before the King’s Justices, [19a] by which John, Bishop of Carlisle, was charged with resisting the authority of the king in the matter of the patronage of the benefice of Horncastle. That benefice was usually in the gift of the bishop, but the rector, Simon de Islip, had been appointed by the king Archbishop of Canterbury and, in such circumstances, the crown by custom presents to the vacancy. The bishop resisted and proceeded to appoint his own nominee, but the judgment of the court was against him.
A somewhat similar case occurred a few years later. [19b] Thomas de Appleby, the Bishop of Carlisle, and John de Rouseby, clerk, were “summoned to answer to the Lord the King, that they permit him to appoint to the church of Horncastre, vacant, and belonging to the king’s gift, by reason of the bishopric of Carlisle being recently vacant.” It was argued that John de Kirkby, Bishop of Carlisle, had presented Simon de Islip to that benefice, afterwards created Archbishop of Canterbury, and that the temporalities (patronage, &c.) of the Bishopric of Carlisle therefore (for that turn) came to the king by the death of John de Kirkby, bishop. The said bishop, Thomas de Appleby, and John de Rouseby brought the case before the court, but they admitted the justice of the king’s plea and judgment was given for the king.
We have said that although Walter Mauclerk, as Bishop of Carlisle, bought this manor from Ralph de Rhodes, he and his successors were still bound to “do suit and service” to Ralph and his heirs, and in the brief summary with which this chapter opened we named Roger le Scrope and Margaret his wife, with Robert Tibetot and Eva his wife, among those descendants of Ralph de Rhodes. We have fuller mention of them in documents which we here quote. In a Roll of the reign of Edward I., [19c] John, son of Gerard de Rhodes, says “Know all, present and future, that I, John, son of Gerard, have granted, and by this charter confirmed, to the Lord Robert Tibetot and Eva his wife (among other things) the homage and whole service of the Bishop of Carlisle, and his successors, for the manor of Horncastre, with appurtenances, &c., which Gerard, son of Gerard my brother, granted to me, &c., to have and to hold of the Lord the King … rendering for them annually to me and my heirs £80 sterling.” While in another Roll [20a] of the reign of Richard II., the king states that having inspected the above he confirms the grants, not only to the said “Robert Tybetot and his wife Eve,” but also “to our very dear and faithful Roger le Scrope and Margaret his wife,” recognizing them, it would seem, as descendants of the earlier grantee, Gerbald de Escald, from whom they all inherited.
Of these personages we may here say that both Tibetots and Le Scrope were of high position and influence. The name of Thebetot, or Tibetot, is found in the Battle Abbey Roll, as given by the historians Stow and Holinshed; [20b] with a slight variation of name, as Tibtofts, they were Lords of Langer, Co. Notts., and afterwards Earls of Worcester. [20c] According to the historian, Camden, John Tibtoft was Lord-Lieutenant of Ireland under Henry VI., created by him Earl of Worcester, but executed for treason. [20d] His successor, John, was Lord Deputy under Edward IV. [20e] The last of the Tibetots, Robert, died without male issue; his three daughters were under the guardianship of Richard le Scrope, who married the eldest daughter, Margaret, to his son Roger. This is the one named above in connection with Horncastle. The Tibetot property of Langer, Notts., thus passed to the Le Scropes, and continued in that family down to Emanuel, created Earl of Sunderland by Charles I., AD. 1628. [20f] Castle Combe in Wiltshire was one of their residences, [20g] but their chief seat was Bolton in Richmondshire. [20h] William le Scrope was created Earl of Wiltshire by Richard II., but beheaded when that king was dethroned and murdered, in 1399. [20i] Richard le Scrope was Archbishop of York, but condemned by Henry IV. for treason. [20j] The name Le Scrope also appears in the Battle Abbey Roll of the Conqueror. Thus in both Tibetots and Scropes Horncastle was connected with families who played a considerable part in public life.
In the reign of Edward VI. there was a temporary change in the ownership of this manor. Among the Carlisle Papers is one [20k] by which that king grants permission to Robert Aldrich, Bishop of Carlisle, to sell “to our very dear and faithful councellor, Edward Fynes, K.G., Lord Clinton and Saye, High Admiral of England, the lordship and soke of Horncastre, with all rights, appurtenances, &c., to hold to himself, his heirs and assigns for ever,” and that he, the said Edward, “can give and grant to the said Robert, bishop, an annual rent of £28 6s. 8d.” We have, however, in this case an illustration of the instability even of royal decrees, in that on the demise of that worthy prince, to whom the realm and Church of England owe so much, his successor, Queen Mary, in the very next year, A.D. 1553, cancelled this sale, and a document exists at Carlisle [21a] showing that she “granted a licence,” probably in effect compulsory, to the same Lord Clinton and Saye, “to alienate his lordship and soke of Horncastle and to re-convey it to Robert Aldrich, Bishop of Carlisle.”
His Lordship would, however, appear to have continued to hold the manor on lease under the bishop, and to have acted in a somewhat high-handed manner to his spiritual superior, probably under the influence of the change in religious sentiment between the reigns of “the bloody Mary,” and her sister Elizabeth of glorious memory. For again we find a document [21b] of the reign of the latter, in which the Bishop of Carlisle complains to Sir Francis Walsingham, the Queen’s Commissioner, of a “book of Horncastle,” which the Earl of Lincoln (the new title of Lord Clinton and Saye) had sent to him “to be sealed,” because (he says) the earl, by the words of the grant, had taken from him “lands and tithes of the yearly value of £28 6s. 8d.,” the exact sum, be it observed, above specified as the rent to be paid by Lord Clinton and Saye to the bishop, Robert Aldrich. Of this, he asserts, “the see of Carlisle is seized and the earl is not in legal possession by his lease now ‘in esse.’ ” [21c] He wages his suit “the more boldly, because of the extraordinary charges he has been at, from the lamentable scarcity in the country, the great multitude of poor people, and other charges before he came had made him a poor man, and yet he must go on with it … the number of them which want food to keep their lives in their bodies is so pitiful. If the Lord Warden and he did