Page:Archaeological Journal, Volume 3.djvu/374

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ORIGINAL DOCUMENTS.

have ascertained, by enquiry of her apart from her husband, whether she was a free agent in the matter. However, in either case her husband must have concurred with her; but from some cause, whether unwillingness, absence, incompetence, or what else does not appear, he was not a party to the transaction; and consequently she could not by legal means confirm the grant. Her own deed would have been a nullity, a married woman not being able so to bind either herself or her heirs. It required therefore the ingenuity of a lawyer and an ecclesiastic to devise a substitute for a legal instrument. The expedient resorted to, and which was carried into effect by the document above mentioned, was this; a deed was prepared whereby she in terms confirmed her husband's grant exactly as she might have done if she had been a widow; and then, instead of the usual warranty of the land against herself her heirs and assigns, which would have been of no avail as she was married, she, by a very elaborate clause, a curious example of formal composition in that age, subjected herself her heirs and assigns to excommunication by the Dean of Bristol for the time being, with lighted candles and the ringing of bells, in all the churches of Bristol, in case she or they disturbed Richard de Calna his heirs or assigns in the enjoyment of the land; and for the observance of this she pledged herself by oath to Gilbert the then Dean of Bristol, and Stephen de Gnohussalo (Gnoushall) the then Vicar of All Saints. This deed was sealed in the presence of several witnesses by Hawisia herself, the Dean, and the Vicar. The following is a copy of it, the contracted words being given at length.

"Omnibus Christi fidelibus presens scriptum visuris vel audituris Hawisia, Uxor Petri de Wygornia, salutem in domino; Noverit universitas vestra me concessisse, et hoc presenti scripto meo confirmasse, Ricardo de Calna omnem donacionem et concessionem quam dictus Petrus de Wygornia maritus meus eidem Ricardo fecit de quadam parte terre illius in villa Bristolli juxta Cimiterium Omnium Sanctorum, que quidem pars terre continet in longitudine quatuor decim pedes a terra nostra ex parte occidentali usque ad terram ejusdem Ricardi de Calna ex parte orientali, et undecim pedes in latitudine inter domum nostram petrinam ex parte boreali et terram nostram ex parte australi, Habendam et tenendam totam dictam partem terre cum pertinenciis sibi Ricardo de Culna et heredibus et assignatis suis adeo libere et quiete prout carta, quam dictus Petrus de Wygornia maritus meus inde dicto Ricardo fecit, melius et liberius protestatur: Promisi etiam pro me et heredibus et assignatis meis per bonam stipulacionem, quod nullus nostrum dictum Ricardum heredes vel assignatos suos aliquo
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