Michael Linton's Bayeux Tapestry: 1066 - A Medieval Mosaic and Puzzles

Burnell :

"That this family has been of great antiquity here in England," says Dugdale, "an old Martyrologe (sometime belonging to the abbey of Buildewas, county Salop) doth plainly demonstrate: for thereby appeareth that Sir Robert Burnell, knt, died 15 November, 1087; Sir Philip, 14 December, 1107; Sir Roger, 5 February, 1140; Sir Hugh, 7 January, 1189; Sir Hugh, 12 May, 1242; and another Sir Robert, 6 December, 1249."

This evidence is too minutely circumstantial as regards dates to be above suspicion;^[71] and with the exception of Robert and Philip, none of the Christian names given are found in the records, nor even these at the same periods. An Ingelram Burnell was living in 1165; and a William Burnell attested one of the charters of Wenlock Abbey in 1170. (Eyton's Salop.) They were seated in Shropshire, where they have left their name to the village of Acton Burnell, and Eudon Burnell. The first mention of them at Acton (Actune, the oak town) is found in the Testa de Nevill, where it is stated that William and Gerain Burnell held half a fee there. A passage in the Hundred Rolls, evidently referable to the time of Henry III., proves that Robert Burnell then held it in fee of Thomas Corbet. William had joined the rebellious barons; but Robert, a churchman of remarkable ability, was the "secretary and confidential clerk" of Prince Edward, and his most trusted and valued counsellor when he became King. In 1272 he was nominated Archbishop of Canterbury, though, as the Pope refused to confirm his election, the see was left vacant for several years, and he had to content himself with the Bishopric of Bath and Wells. He was Chancellor of England from 1274 till his death in 1292, and twice received a visit from his Royal master at Acton Burnell. Edward was there for six weeks in 1283, when the Parliament summoned for the trial of Prince David met at Shrewsbury,^[72] not choosing to be present himself, lest he might be supposed to influence the verdict. Yet there was no ambiguity in the language of his writs. When the unhappy Welsh sovereign had been sentenced to die the horrible death of a traitor, and dragged at his horse's heels to the place of execution, the Parliament adjourned its sittings to Acton Burnell. It was there they "passed that celebrated statute-merchant bearing its name, and from the preamble to which, as well as from an instrument in Rymer (vol. ii. p. 247) it is manifest that the three estates of the realm were not separated as has been usually supposed into two chambers, but were an undivided body of representatives."—C. E. Hartshorne. Mr. Hallam, however, says that while the Lords passed judgment upon Prince David at Shrewsbury, the clergy and Commons sat in Acton Burnell. An ancient building, of which merely the gables are left, still bears the local name of the Parliament House.

In the following year Bishop Burnell obtained license to crenellate, with permission to take timber from the Royal forest of Salop, and built the yet existing castle of Acton Burnell. He had been allowed to make a park of his wood of Combes, within the precincts of this forest, during the previous reign, and received from Henry III. the grant of a Tuesday market and two annual fairs, with free warren in all his demesne. Burnell's Brome, in Warwickshire, was purchased by him in 1279; and "'tis very like," says Dugdale, "that the Burnells, having here a manor-house with such great advantages for pleasure and profit, sometimes made it their abode, though their principall seat was at the Castle of Holgate in Shropshire." Crooke-Burnell, in Devonshire, was another of his possessions, as well as East-Ham Burnell in Essex; and it was found, at his death, that he held estates in nineteen different counties besides Shropshire, where his domain extended over thirty manors.

The whole of this splendid inheritance devolved on his nephew Philip Burnell, and from him passed to Edward his son, who was summoned to Parliament as a baron in 1311. "He served in many actions in Scotland under Edward I., and appeared with great splendour. He was always attended with a chariot decked with banners, on which, as well as on the trappings of his horses, were depicted his arms. He married Alice, daughter of Lord Despencer, by whom he had no issue. On his decease in 1315, his sister Maud became sole heir. She married first John, Lord Lovel of Tichmarsh, surnamed the Rich; he died in 1335. Her second husband was John de Handlo, who died in 1346, and left by her one son, Nicholas Lord Burnell, the subject of much contest in the court of chivalry with Robert de Morley, on account of the arms which Nicholas bore, in right of certain lands of the barony of Burnell, bestowed on him by his mother. These arms De Morley had assumed without any just pretence; but because, as he declared, 'it was his will and pleasure so to do, and that he would defend his so doing.' Probably he had no arms of his own, having been the first of his family that had appeared in a military capacity. He had served as esquire to Sir Edward Burnell, without any other domestic but one boy; and ever since the death of his master assumed the arms in dispute. It happened that they both were at the siege of Calais, under Edward III. in 1346, arrayed in the same arms. Nicholas Lord Burnell challenged the arms as belonging to the Burnells only, he having at that time under his command one hundred men, on whose banners were his proper arms. Sir Peter Corbet, then in his retinue, offered to combat with Robert de Morley in support of the right which his master had to the arms, but the duel never took place, probably because the King denied his assent. The suit was then referred to the court of chivalry, held on the sands of Calais, before William Bohun Earl of Northampton, High Constable of England, and Thomas Beauchamp Earl of Warwick, Earl Marshall. The trial lasted several days, when Robert, apprehending that the cause would go against him, took an opportunity, in presence of the King, to swear by God's flesh, that if the arms in question were net adjudged to him, he never more would arm himself in the King's service. On this, the King out of personal regard for the signal services he had performed in those arms, and considering the right of Nicholas Lord Burnell, was desirous to put an end to the contest with as little offence as possible. He therefore sent the Earl of Lancaster and other lords to Nicholas, to request that he would permit Robert de Morley to bear the arms in dispute for the term of his life only, to which Nicholas out of respect to the King assented. The King then directed the High Constable and Earl Marshal to give judgment accordingly. This they performed in the church of St. Peter near Calais, and their sentence was immediately proclaimed by a herald in the presence of the whole army there assembled."—C. E. Hartshorne.

It seems unaccountable that it should have been Nicholas de Handlo, the son of Maud Burnell by her second husband, the famous soldier John de Handlo, and not John Lovel, the issue of her first marriage, who took her name and bore her brother's title. Banks explains that John Lovel was deprived of his inheritance by fine, and Nicholas, thus becoming possessed of Holgate, the caput baroniae, Acton Burnell, &c, was summoned to parliament among the barons of the realm in 1350.

He was succeeded in 1382 by his son Hugh, with whom the line ended. This, Hugh, "being one of Richard II.'s favourites, was deemed amongst his evil counsellors, and banished the court. However, upon the deposal of that unfortunate king, he became popular; and by Henry IV. was made Governor of several Castles."—Banks. He died in 1420, having outlived his only son, whose three daughters became his co-heirs. Joice, the eldest, married Thomas Erdington; Margery, Edward Hungerford; and Catherine, Sir John Ratcliffe. The barony of Burnell fell into abeyance between them, and has never been revived.