The Hissem-Montague Family

Much of what follows for both the Gernet's of Heysham and those of Caton on the subsequent page was initially derived from George Lissant's "Notes on the Heysham Family," which can be found on the Links page. I have added a lot of information since, but his work is still the basis of everything that follows.

Heysham The village name was, in earlier times, sometimes rendered Hessam, Hessem, Hessein, Hissein, Heseym, Hesham, Heshem, Heasham, Heesham, Hesaim, Heesam, Hegsham, Hesam or Hessehn. The local pronunciation is Hee-sham. This is a small village on the shore of the Irish sea, on Morecombe bay, several miles to the west of Lancaster. It is an isolated position, a rocky hill from 50 to 100 feet high, surronded by the sea on one side and low-lying moss, or "spongy flat," on the other. In Saxon times it was held by Earl Tostig, the brother of King Harold, as part of his fee of Halton. It was assessed at three plough-lands. After the Conquest it was given to Roger of Poutou, the son of Roger de Montgomery, the Earl of Arundel and Shropshire. After Roger's rebellion it reverted to the crown. About the parish church, which was on the heights, there were two hamlets, Lower Heysham, of one plough-land to the northeast, which was held in free alms by the Prior of Lancaster, and Higher Heysham, of two plough-lands to the southeast, which was held in serjeanty by the Gernets and their heirs.

A son of Vivian and younger brother to Adam de Gernet of Halton. The name Brian is mentioned in the website "History of Heysham," but, so far, no where else. Brian appears to be a name of Scots Gaelic origin, not inappropriate for this border region. I suspect Winan, Wiman, Brian and perhaps even Vivian are transcription errors of the same name. Wiman appears to be the latinate of Wimer or Winmar, and is found for at least two members of the family on the Gernets of Halton webpage.

Heysham manor was a Gernet property, sub-enfeoffed to this junior branch of the family who, over time, assumed the title of "de Heysham" to differentiate themselves from the senior branch, who resided at Halton manor.

The children of Brian were,
(4) Adam de Hessayne (c1140)
(4) Matthew Gernet supra (c1140), "probably a brother of Adam Gernet of Heysham"

He was also known as Adam de Hessam, or Adam Gernet of Heysham. Hessam was the early spelling of Heysham, as seen in the Domesday Book. Called "Adam de Heysham, or Gernet . . ." - from "The Lancashire Pipe Rolls of 31 Henry I., A.D. 1130, and of the Reigns of Henry II., A.D...." by W. Farrer.

His father was, in the “History of Heysham,” listed as Sir Brian, though this may be a confusion with Wi-an vs Bri-an vs Vivi-an. Based on his sons supposed dates of birth, Adam was born between 1100-1140. Based on his date of death, Adam was born circa 1140. Adam held the manors of Heysham and Caton during the reign of King Richard I, 1189-1199 - per George Lissant.

He held two carucates in Heysham in serjeanty and two carucates in Caton, in capite, "in chief," that is, directly from the king, in thanage.

"Caton, rated at 2 car. [carucates], was held in the latter part of the 12th century by Adam Gernet, lord of Heysham, who was slain in 1200-1 (Lancs. Pipe Rolls, p. 140). Possibly he was a brother of Matthew Gernet who had a grant of Outhwaite in Roeburndale." - from "Remains, Historical and Literary, Connected with the Palatine Counties of Lancaster and Chester"

Brian (or Winan) and his son, Adam, occupied the Manor House at Heysham Head, a promontory that also included the churches of St. Patrick and St. Peter, and became known, as was customary, as the de Hessam’s. While our name, then, is Anglo-Saxon in origin, the family is Norman. The manor house was built mainly of wood with a thatched roof, partially surrounded by a moat crossed by a drawbridge. This construction was typical of the fortresses of time. Castles of stone were an invention of a later, wealthier period.

The Evolution of the Castle Castles were foritified positions, typical of an age when central authority was weak and warfare was endemic. The earliest of the Norman castles were simple ringworks, circular earthworks consisting of a bank and ditch with a defensive palisade surronding a courtyard, or bailey. These were not unlike the frontier forts of the American West. Later, earthen mounds, or mottes, were raised within the bailey on top of which wooden, and later stone, towers were built, allowing the defenders to rain stones and arrows on attackers. This latter became known as a Motte and Bailey Castle. The motte became the home of the lord while the bailey below housed the hall, church, houses for the servants, a blacksmith, and pens for the animals. The main strength of such a Castle was the speed with which it could be raised, usually in only one season, but it had many obvious weaknesses. In response, once initial control of the countryside was established and as the money to afford them was acquired, some lords started building stone Keeps, like the Tower of London. The Keep was a large stone fortress tower that could house the lord, his family, his servants, and a hall in one building. However it was soon clear that these could not well withstand sieges and most were surronded with an outer curtain wall and defensive towers. The ulimate development of the castle in England was the concentric castle, the hallmark of Edward I. These had two sets of towered curtain walls, one within the other. The inner, higher, wall dominating the outer wall. Within the two concentric walls was the inner keep or fortress. This layered defense was highly effective at keeping an enemy at bay and could be effectively manned by a surprisingly small force. Edward I built a string of such fortresses throughout Wales to mark control that rebellious land. As warfare became less of a threat, first in the south and east, and later in the wild northern and western marches, the great castles evolved further, their walls becoming thinner and increasingly pierced by windows, as they became the country homes of the aristocracy.

Richard I, while coming home from the crusade, had been captured and held prisoner in Germany. In 1193 his brother, John, rebelled, but this was effectively thwarted by Hubert Walter, the chancellor, and Queen Eleanor, Richard and John's formidable mother. John's adherents were deseised of their property on Richard's return (think of the final scenes in the move "Robin Hood").

"Adam, called 'de Heysham,' had in 1193–4 given 10 marks for having the king's goodwill after the insurrection of Count John." - from the Lancashire Pipe Rolls as referenced in "British History Online."

A charter dated 1195 bears the signatures of Adam Gernet of Heysham and of 'Gernet' of Halton - per George Lissant.

Adam Gernet was slain by Adam de Kellet, the son of Orm [Osbert] de Kellet, bailiff of Lonsdale, in 1200-1201 (Pipe Rolls, p. 140).

"Adam Gernet held Heysham and Caton until his death in 1200. He appears to have been slain by Adam, son of Orm de Kellet, bailiff of Lonsdale, as before noticed." - from The Great Inquest of Service, A.D. 1212, page 92, "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

"Before January 13th, 1201, Adam Gernet of Heysham and Caton had been killed. Adam son of Orm gave six marks and a chasour for the King's letters patent that he should only answer before the King or his chief justice for the death of the said Adam, fearing the course of justice in his own county, where the bailiff of the wapentake was often no friend of the people." - from The Great Inquest of Service, A.D. 1212, page 87, "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

Agnes, Adam's widow, remarried, but there is no indication to whom.

1216-22. "Agnes de Hessam was in the gift of the King, and is married without warrant, as it is said, and her land is worth j. mark yearly."

Footnote. "This lady was the widow of Adam Gernet of Heysham and Caton, who was slain by Adam, son of Orm de Kellet, in 1201. Possibly the serjeanty of Heysham was in her inheritance." - from The Great Inquest of Service, A.D. 1212, page 118-119 "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

Adam Gernet's widow, Agnes de Heysham, complained to King John, in the Curia Regis of the Easter Term, 1 John, that Roger de Leicester had married his daughter to Thomas, her son, who ought to be a royal ward - his father being a tenant in thanage - in order to acquire the custody of Thomas and his land, consisting of five Carucates in 'Hessen' and 'Catton,' without the King’s consent. The land was accordingly seized into the King’s hands and Roger de Leicester was attached for the contempt. Roger de Leicester was Seneschal of Amounderness under Theobald Walter.

Agnes gave property to the monks of Cockersand, probably in payment for their prayers which would speed her through purgatory after her death.

"Grant in frankalmoign by Agnes de Heysham [to the canons of Cockersand] of a messuage upon Kirkbank in Caton . . ." - from "Remains, Historical . . ."

Def: Messuage - A house, its associated outbuildings and the lands that go with it. Similar in meaning to a tenement.

"Adam Gernet had issue four sons - (1) Thomas, his heir, who paid relief for Caton in 1201 and died in 1221, when he was succeeded by Vivian his son, who died in 1246 leaving issue, Roger, who the same year fined ten marks for his relief and died after 1260 without issue; (2) Ralph Gernet of Heysham; (3) Adam, who held two oxgangs of land in Caton in 1212 of his brother Thomas and had issue; (4) Matthew, who in 1212 held three oxgangs of land in Caton of the gift of Adam, his father and lands in Burrow and Leck of Roger . . . " - from "Remains, Historical and Literary, Connected with the Palatine Counties of Lancaster and Chester" by the Chetham Society. Adam had four sons.
(5) Thomas Gernet de Hesham (c1180)
(5) Ralph Gernet de Hesham (c1180)
(5) Adam Gernet of Caton (c1180)
(5) Matthew Gernet of Caton (c1180)

Lord of Heysham and Caton. "Thomas Gernet was the son of Adam Gernet." - from "The Lancashire Pipe Rolls of 31 Henry I., A.D. 1130, and of the Reigns of Henry II., A.D...." by W. Farrer. In about 1201 Thomas was married (forcibly?) to the daughter of Roger de Leicester while still a minor. This wedding may have been annulled and probably was not consumated. In the third year of King John’s reign, about 1202, Thomas paid five marks for the seizing of the land of Hessen and Catton. Benedict Gernet was his pledge for payment of the fine. Benedict was probably Adam's cousin.

The King had taken these lands based on the request of Thomas' mother to safeguard them against Roger de Leicester. I assume the five marks was a "tax" to reacquire the properties. This date appears reasonable as he would have just reached his majority.

"Before January 13th, 1201, Adam Gernet of Heysham and Caton had been killed . . . In the same year Thomas, son and heir of Adam, gave five marks for his relief. It is elswhere stated that he held this land, which was the vill of Heysham, by serjeanty of coming to meet the King at the boundary of the county with his horn and white rod, leading him through the county, sounding his horn before the King's coming, and so continuing with him and conducting him again to the county boundary." - from The Great Inquest of Service, A.D. 1212, page 87, "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

Footnote. "Thomas Gernet, son and heir of Adam, fined 5 marks in 1201 for his relief, and had seisen of "Hessem and Catton". Benedict Gernet [of Halton?] was his pledge. What relationship existed between this family and that of the chief foresters of Lancaster does not appear. Thomas died in 1222. Matthew Gernet, who had an estate of 3 bovates here from his brother (?), Thomas Gernet, also held lands in Burrow and Leck. Matthew Gernet, a younger brother of Thomas Gernet of Heysham and Caton, held an estate in Burrow and Leck of the Forest Fee, besides other lands in Caton and elsewhere. He died in or before 1215. On July 26th in that year the King committed the custody of his land and heir to Roger Gernet, of whose fee the estates of Burrow and Leck were held. It is probably that he was ancestor of the family of Burgh of Burrow." - from The Great Inquest of Service, A.D. 1212, page 92, "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

"Adam Gernet had issue four sons - (1) Thomas, his heir, who paid relief for Caton in 1201 and died in 1221, when he was succeeded by Vivian his son . . ." - from "Remains, Historical and Literary, Connected with the Palatine Counties of Lancaster and Chester"

The Gernets also held land in Merton. First, from Thomas' father, Adam, and, I think, his uncle, Mathew.

1207-1235. "Confirmation by Adam Gerneth of his father's grant [Brian or Vivian Gernet?] to the monks of St. Mary of Furness, of an oxgang and a half of land in Merton, and two acres which Matthew Gerneth [of Caton] gave them in exchange, and two other acres which Gillomichael gave them. Witnesses: William de Combremara, and William de Nort, monks of Furness, Ralph the priest, of Heysham, Peter de Stalmin, and William his son, Simon, clerk of Bolton, Roger de Bolton (Bothelton), William, brother of Adam Gernet, Henry de Stalmin, and Ranulph, son of Albert. (Seal.)" - from "Annual Report of the Deputy Keeper of the Public Records"

"1215-1222. Grant from Ingus, daughter of Mathew Gernet, of Merton, to the convent of Furness, of certain land in Merton. Witnesses: Roger, son of William, Alan de Penigton, R., parson of Kyrkebi, Robert de Bolvill, Philip le Noreis, and R. de Orgrave." - from "Annual Report of the Deputy Keeper of the Public Records"

"1200-1206. Grant from Thomas Gernet, to the monks of Furness, of all his land and lordship of Merton, for release of their claim against the grantor of half a carucate of land in Stapilthirne, whereof they had charters from his ancestors. Witnesses: Benedict Gernet [of Halton], Adam, son of Orme [de Kellet], Roger de Kirkebi, Alan de Penington, Robert de Boivill, Philip le Noreis, and John de Torondesholm. (Seal.)" - from "Annual Report of the Deputy Keeper of the Public Records"

"1222-1225. Release and quitclaim by Thomas, son of William de Merton, to the convent of Furness, of the half oxgang of land in Merton which his grandfather John gave to Adam Gernet for his service, and his son Thomas afterwards gave to the monks in frankalmoign. Witnesses: A., prior of Conished, Alexander de Kyrkebi, Robert de Boivill, and Philip le Norreis. (Seal.)"

In 1208 Thomas Gernet purchased 2 oxgangs of land in Heysham from Martin de Hudale, etc.

"On Saturday next after the feast of St. Nicholas, 10 John [13th December, 1208]. Between Martin de Hudale and Emma his wife, Richard Colbain and Alice his wife, Richard son of Malger and Ingusa his wife, and Ranulf, son of Galle and Godith his wife, plaintiffs, by Gervase Capran put in their place, and Thomas Gernet, tenant of two oxgangs of land in Hesham [Heysham]. The plaintiffs quit-claimed to Thomas and his heirs their right in the said two oxgangs, for which Thomas gave them one mark." from the Linc. Final Conc. as referenced in "British History Online."

"Thomas Gerneth holds ij. carucates of land in Hesaim [sic] by venery, that is by his horn." - from The Great Inquest of Service, A.D. 1212, page 87, "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

"Thomas Gerneth holds ij. carucates of land in thanage in Catton by xxs." - from The Great Inquest of Service, A.D. 1212, page 92, "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

From "Lancashire and Cheshire, Past and Present," 1867.

1212-1217. "Thomas Gernet held two carucates of land in Heysham [Hesum], by sounding his horn before the king on his arrival in those parts. This land was worth 30s a year. [Thomas Gernet tenet ij carucatas terrae in Hesam per serjanteriam sonandi cornu suum contra Regem, in adventu suo in partes illas. Valet xxxs.]"

"His [Thomas'] father [Adam Gernet] gave to Matthew [Gerneth] iij. bovates by rendering vjd., and the aforesaid Thomas gave to Adam, his brother, ij. bovates of land by rendering iijd. yearly." - from The Great Inquest of Service, A.D. 1212, page 92, "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

Thomas Gernet "gave to Adam, his brother, 2 bovates of land by rendering 3d. yearly." - from "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer.

1205-1216. Thomas Gernet of Heysham [Thomas Gernet de Hessam] was a witness to a charter of Peter, the son of William de Hull, concerning the land of Hull. Other witnesses were G. fitz Reinfrid, sheriff of Lancaster; H., seneschal [steward] of Kendal; W. Gernet, R. de Burton, R. of Kirkby Ireleth, Adam de Hyeland, Adam de Kellet, Adam of Capernwray, W. his brother, Thomas Gernet of Heysham and many others. - from "Materials for the History of the Church of Lancaster." Who was W. Gernet? William or Winan? Gilbert fitz Reinfrid was sheriff of Lancaster from 1205 to 1216.

Undated. Thomas was a witness to a land grant in company with Sir William of Parles, Orm of Kellet, John of Oxcliffe, and R. [Ralph] of Bolton.

1216-22. "Thomas Gernet holds ij. carucates of land in Hesam by serjeanty of sounding his horn against the King in his coming into those parts. And they are worth xxxs. yearly."

Footnote. "Thomas Gernet of Heysham and Caton died before November 3rd, 1221. Vivian his son succeeded him." - from "Wardships, Marriages, Etc., 1216-22 and 1222-6," page 122-123 "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

Thomas’ mother, Agnes, survived him.

"Agnes de Essam (Heysham) was in the gift of the king, and was married without warrant. Her land was worth one mark a year." - from "Lancashire and Cheshire, Past and Present," 1867.

The Lord of Heysham and Caton. "Thomas was succeeded by his son Vivian of Heysham who died in 1246, the inquest after whose death was taken at Lancaster on the 19 May of that year (Inq. 30 Hen. 3 No. 26)." - per George Lissant. He was generally known as Vivian de Hesham.

"Thomas . . . died in 1221, when he was succeeded by Vivian his son, who died in 1246 leaving issue, Roger

. . ." - from "Remains, Historical and Literary, Connected with the Palatine Counties of Lancaster and Chester

1222-6. "Vivian Gernet holds ij. carucates of land of the King in Hescam (Heysham) by the service of coming to meet (veniendi contra) the King at the bounds of the county with his horn and a white rod, and of leading him into the county and to be with him and conduct him back again. And they are worth v. marks."
Footnote. "Thomas Gernet of Heysham and Caton died before November 3rd, 1221. Vivian his son succeeded him." - from "Wardships, Marriages, Etc., 1216-22 and 1222-6," page 122-123 "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

6 Henry III [3 November 1221]. "Westminster. Lancaster. To the sheriff of Lancaster . . . Jordan Clerk has also made fine with the king by 20s. for having custody of the land and heir of Thomas Gernet, with the marriage of the same heir, for which he has terms at the Exchequer. Order that, having accepted security from them for rendering the fines to the king, he is to cause them to have full seisin of the custodies with their appurtenances without delay. Witness H. de Burgh. By the same." - from "Henry III Fine Rolls Project"

Vivian Gernet of Heysham was a contemporary, a cousin I presume, of Sir Roger Gernet of Halton and John Gernet of Caton. 1230-1241. "Grant in frankalmoign, from William de Kellet, to the monks of St. Mary of Furness, for the health of the souls of his father and mother and his brother Gilbert, of one acre of turbary, at the head of Birkelandeberg towards the west. Witnesses: Sir Roger Gernet, Adam de Kellet, Thomas de Kellet, Adam de Urswick, John Gernet of Caton, William de Parles, and Vivian Gernet of Heysham. (Seal)" - from the "Annual Report of the Deputy Keeper of the Public Records"

28 Henry III [1243]. Inquest on Henry de Croft. Witnesses included "Vivian de Hesaym." - from page 158 "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer.

The "Testa de Nevill," a record of Fee Holders recorded in the reigns of Henry III and Edward I, records that the village of Heskin was granted to a Wimanus Gernet,

"Wiman Gernet [Wimanus Gernet] holds two carucates of land of our lord the King in Heschin [Heskin] by the service of coming towards the King at the borders of the county, with his horn and white wand, and of conducting him into the county, and of remaining with him, and also of reconducting him; and it is worth five marks." - from the "Teste de Nevill" as cited in "Tenures of Land & Customs of Manors" by Thomas Blount.

Unfortunately there are no dates attached to the following citations so I can only guess where they go. I have assumed, at this point anyway, that Winan and Vivian are transription errors for the same name.

W. Gernet was a witness to a charter of Peter, the son of William de Hull, concerning the land of Hull. Other witnesses were G. [Gilbert] fitz Reinfrid, sheriff of Lancaster [1205-1216]; H., seneschal of Kendal; Thomas Gernet of Heysham [Thomas Gernet de Hessam], R. de Burton, R. of Kirkby Ireleth, Adam de Hyeland, Adam de Kellet, Adam of Capernwray, W. his brother, and many others. - from "Materials for the History of the Church of Lancaster." Are Winan and Vivian the same or similar names?

"He [Vivian] seems to have had three wives." - per George Lissant. Let's examine that.

(1) The Fines Rolls of 1201 record that "Pagan De Villiers gave one Carucate in Wyndhill, in Lancashire, to Vivian Gernet in marriage with his daughter, Emma De Villiers, by the service of one-tenth Knight’s fee." Most sources place this marriage with the first Vivian Gernet, that of Halton, who was born circa 1080.

Emma was born in Warrington county, England. Her father was Pain, Lord De Villiers (also known as Paganus de Vilars). As a dowry perhaps, Pain gave Vivian a portion, that is, one ploughland [a Carucate], of the Windle Manor, which is just east of present day Liverpool. The confusion comes because at least one source claims that King John, son of Henry II, who reigned from 1199 to 1216, made the grant. This clearly does not work for Vivian Gernet of Halton. Two answers are possilbe. First, there may be confusion because the given name Pain/Paganus was repeated several times in the de Villiers descent, as was Vivian in the Gernet family. Most writers have assumed that this reference was to the first, and best known, Pain, in which they may be mistaken. The second alternative is simply that the source that mentions King John is incorrect.

(2) Another authority states that "Roger Gernet was the son and heir of Vivian by Godith de Kellet, daughter and co-heir of William de Kellet, and had livery of his father’s estates on the 4th June 1246" (Fines Rolls 1, p. 453). I have another source that calls her Gilliam [Giliam] de Kellet, the daughter of Orme de Kellet. They had a son named Roger. A son of Orme killed Vivian's grandfather, Adam Gernet. This may have been an earlier Orme.

From a footnote on the Descent of the de Kellet Family. "The descent of the family who held this part of Over Kellet appears to be as follows:--Orm, the ancestor, who must have been living as least as early as the time of Henry I., was the father of Bernulf, who enfeoffed Adam de Yealand, i.e., Adam d'Avranches . . . Orm, son and heir of Bernulf, gave one-third of his land of Over Kellet (1/2 car.) and Claughton (2 2/3 bov.) to his brother Adam . . . He [Orm] was the father of William de Kellet, who took part in the rebellion of John, Count of Mortain, in 1194 . . . In 1199 Henry de Redman proffered 20 marks for custody of the land and heir of William de Kellet. Henry de Kellet, who occurs from 1204 to 1207, appears to have been William's eldest son and heir, but died without issue before 1211, in which year Gilbert, second son of William, proffered 20 marks and a palfrey for livery of his inheritance. He died in 1236, leaving issue, William, his son and heir, who died in 1242, Alice, who married Henry de Croft, and Godith, who married first Vivian Gernet, and secondly John de Bigging." - from The Great Inquest of Service, A.D. 1212, page 91, "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

"Laurence Travers, of Natesby and Tulketh, in co. Lanc. arm. Married a daughter of Orme de Kellet, and sister of Gilian, wife of Vivian Gernet, of Heysham, co. Lanc. Purchased lands in Hesham of his nephew Roger (Gernet) de Hesham, and others, temp. Hen. III. Gave said lands to his son, Thomas Travers, A.D. 1272." - from "A Collection of Pedigrees of the Famuiy of Travers" by Samuel Smith Travers

(3) The Assize Rolls of 30-31 Henry III, 1246-47, show that "Of ladies; Juliana, late wife of Vivian de Hesham, is in the King’s gift and marriageable and her lands are worth yearly 40s." Since Vivian died in 1246, I assume Juliana was his last wife. The following may mean that Godith and Juliana were the same woman.

"His [Vivian's] widow Giliana or Juliana released to Thomas Travers land in Drakeholmepintle which she held in dower, also another piece which her son Roger de Heysham had given to her brother Roger de Kellet, and a third on Crosscop which her son had granted to Master Lawrence Travers." - from "British History Online"

The next is a grant from Vivian Gernet de Hesham to the church of the Blessed Mary of Lancaster of all his rights of patronage of the chapel of Caton. From the Chartulary of Lancaster Priory:

1230 to 1246. "To all the sons of holy mother church who shall see or hear these letters, Vivian of Heysham [Vivianus de Hesham] and Roger Gernet and John Gernet, hereditary lay lords of the vill of Caton, greeting in the Lord. We wish to bring to the notice of you all that we bind ourselves and our heirs and successors for ever to God and the holy church, and by the authority of the ordinary, that we will never lay claim to the right of patronage in the chapel of Caton by reason and pretext of the cemetary which the lord and our venerable father Walter, by the grace of God Archbishop of York, primate of England, beneficially decreed should be ordained by his venerable brother J., by the same grace Bishop of Man and the Isles, for the said chapel of Caton in the year of grace, 1230, (saving the right of the mother church of Lancaster, and of the neighboring churches,) on account of the dangers of the ways and the distance. In testimony whereof we have strengthened this present writing with out seals. These being witnesses--Thomas of Kirkby, then official of Richmond; Walter, then dean of Lancaster; Robert of Claughton; Benedict, parson of Halton [could this be Benedict Gernet, parson of Halton?]; Richard, vicar of Tunstall; Geoffrey the clerk, and others." - from "Material for the History of the Church of Lancaster

A second deed was a grant from Vivian Gernet de Hesham to the church of the Blessed Mary of Lancaster of all his rights in the Advowson of the chapel of Caton.

"To all the sons of holy mother church who shall inspect this present charter, Vivian Gernet of Heysham [Vivianus Gernet de Hesham], greeting. Know all of you that I, with the consent and assent of my heirs, have granted, and by this my present charter have confirmed, and altogether quit-claimed from me and my heirs to the church of the Blessed Mary of Lancaster and to the monks there serving God and the Blessed Mary, for the safety of my soul and of my ancestors, the whole right and claim which I had or could have in the advowson of the chapel of Caton, so that neither I nor my heirs can ever exact any right or claim in the advowson of the said chapel. And I, Vivian, and my heirs, will defend and warrant the aforesaid advowson to the church of the Blessed Mary of Lancaster and the monks of the same place for ever. In testimony hereof I have fortified this present writing with the impression of my seal. These being witnessess-- Master Roger of Derby, Thomas of Capernwray, William of Parles, Geoffrey, clerk, Robert, parson of Chippingdale, Gerard, the chaplain of Lancaster, Philip, the clerk." - from "Material for the History of the Church of Lancaster

From the UK archives, Molyneux, Earls of Sefton, Ellel:
- Undated (c1250), "Henry son of Richard of Alhale to Nicholas the Smith of Elhale -- the land between the land of N. which he holds from the Abbey of Leyrcestre [Leicester] next Kokir [Cocker/Cockersand?], as far as the depth of the marsh where it falls into Kokir between Traherig and Hoselrig, and then ascending Kokir upwards as far as the middle of the land which he holds from the said abbey -- to have pannage and multure of the land, and free carriage and sale of dead wood and char coals. Paying yearly 4d. Witn. the lord Roger Gernet, William, lord of Tunestale, William, of Parles, Adam of Kellet, Adam of Heste, Vivian of Hesham, Walter of Soureby, Jordan son of Hugh." Another reference in the National Archives to this same event shows Vivan as "Wivian of Hesham."

1241-1246. The "Charter of Warin de Waleton of quitclaim of the patronage of Eccleston" was witnessed by "Adam of Bury, Adam de Molyneux, Richard de Chernoe, Richard Blundell, John of Cantsfield, Thomas of Capernwray, Richard Pincerna, then sheriff of Lancaster; Adam of Kellet, William of Parles, Roger of Heton, Vyvian of Heysham [Vyuiano de Hesham], Philip, rector of the church of Croston, and many others." - from "Materials for the History of the Church of Lancaster." Richard Pincerna [le Boteler] was Sheriff from 1241 to 1246. This is the only place I've seen Vivian's name spelled Vyvian or Vyuiano.

Vivian died in 1246. This was 25 years after his father's death, so I assume this would make him between 46 and 56 years old.

The inquest of "Vivianus Gernet, in inquisitione dictus Vivianus de Heesam" death was taken into record at Lancaster on 19 May 1246 (Inq. 30 Hen. 3 No. 26).

"VI. Vivian de Heysham (or Gernet).--Inq. p. m.
[30 Henry III., No.20.]
Writ dated at Westminster, May 7th, 30th year (1246). The deceased is therein described as Vivian Gernet.
Inquest made at Lancaster, on St. Dunstan's Day (May 19th, 1246), by the oath of Adam de Wennington, Roger de Heeton, Roger de Burgh, Adam de Heest, Adam de Bothilton, Elias de Thornbrandesheued, Adam Gernet, Adam de Medilton, Symon, son of Michael, Henry, son of Godith, William de Heest, and Ralph de Bothilton, who say that Vivian de Heesam held in chief of the King 2 carucates of land in Heesam (Heysham), by the service of 8s. 9d. yearly; 2 carucates of land in Katon (Caton), by the service of 20s. yearly, worth 40s. yearly; a mill in the same vill [of Caton] worth 20s. yearly. Roger, his son, is his next heir, and of full age [Rogerus filius suus est haeres ejus propinquior, et est de aetate Lancantr']."
Footnote. "Roger, son and heir of Vivian Gernet, gave 10 marks for his relief, and had livery of his lands by writ dated June 4th, 1246." - from page 161 "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

30-31 Henry III, 1246-47. "Juliana de Hesham has appealed John Crocbayn of the death of Elias her brother. John is outlawed; no chattels." - from "A Calendar of the Lancashire Assize Rolls Preserved in the Public Record Office, London: In Two..." by John William Robinson Parker. Would this be Elias de Hesham, a brother-in-law, or Elias her brother by blood? Note that an Elyas de Hesaym was mentioned in a grant of Roger, son of Vivian Gernet, of Hesaym, circa 1274-1286, below.

"After a time the mesne lordship [of Caton] of the Gernets of Heysham and their successors was neglected, and Caton was held by a younger branch of the family, which adopted the local name." - from British History Online.

Vivian's children were,
(7) Roger Gernet de Hesham (c1230)
(7) William de Hesham (c1230) , a son of Julia
(7) Thomas Gernet de Hesham (c1230)
(7) Ellen Gernet de Hesham (c1230)

Son of Vivian Gernet of Heysham and Gilian, daughter of Orm de Kellet. The Lord of Heysham and Caton from the death of his father in 1246. He was "called Roger de Hesham, to distinguish him from his cousin, R.G. of Halton." - from "A Collection of Pedigrees of the Family of Travers" by Samuel Smith Travers.

"Vivian . . . died in 1246 leaving issue, Roger, who the same year fined ten marks for his relief and died after 1260 without issue." - from "Remains, Historical and Literary, Connected with the Palatine Counties of Lancaster and Chester

"Roger, son and heir of Vivian Gernet, gave 10 marks for his relief, and had livery of his lands by writ dated June 4th, 1246." - from page 161 "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

The following is from the Chartulary of Cockersand. Donatores were those offering the services of their villeins, nativi, to the abbey at Cockersand. It is a prime example of the confusion caused by the use of de Hesham as both a title, for the Gernets, and a residence, for the villeins. I'm not sure of the date, but I suspect circa 1250. Roger, son of Vivian Gernet de Hesham, lived circa 1230 to 1285. I believe Thomas Gernet de Hesham was Roger's younger brother, mentioned in the records from 1247 to 1253. Another donatore, Thomas de Coupmanwra, was of age to witness charters 1252-1269. Roger Gernet of Halton held the manor from 1207 to 1252. Roger Gernet of Caton held that manor from 1241 to 1251. Matheus de Redeman of Yealand was witnessing charters from circa 1229 to 1252.

Nomina nativorum de quibus cartas habemus et Donatorum, De Lonnesdale et Kendale.
[The names of the bondmen granted to the canons by charter, with the names of the donors in Lonsdale and Kendale]

Donatores: Rogerus filius Wiviani Gernet de Hesham
- Nativi: Adam filius Ricardi filii Rogeri de Hesham
- Nativi: Rogerus f. [filius] Adae f. Michaelis cum sequela
- Nativi: Alanus f. Adae de Hesham c.s. [cum sequela]
- Nativi: Adam f. Brun f. Michaelis c.s.
- Nativi: Adam f. Michaelis de Hesham c.s.
- Nativi: Ricardus f. Adae f. Michaelis c.s.
- Nativi: Thomas f. Radulfi f. Gilberti c.
- Nativi: Radulfus f. Simonis de Hesham
- Nativi: Adam f. Simonis praepositi [senior] c.s.
- Nativi : Gilbertus f. Radulfi de Hesham c.s.

Donatores: Thomas Gernet de Hesham
- Nativi: Ricardus f. Radulfi de Hesham c.s.
- Nativi: Rogerus f. Simonis generis Ormi.
- Nativi: Benedictus f. Simonis c.s.

Donatores: Rogerus Gernet de Halcton
- Nativi: Hutredus f. Willelmi f. Radulphi de Lec c.s.
- Nativi: Benedictus f. Benedicti praepositi de Lec.

Donatores: Rogerus Gernet de Catuna
- Nativi: Ricardus f. Ricardi de Catona
- Nativi: Adam f. Roberti de Caton.

- from "Remains, Historical and Literary, Connected with the Palatine Counties of Lancaster and Chester" by Chetham Society, page 1057-8.

Circa 1246, Roger of Heysham [Rogero de Hesham] was a witness to a land grant, along with "Richard Pincerna, then Sheriff of Lancaster, Thomas Capernwray, then steward of the manor of the lord the King . . . and others." Richard le Boteler [Pincerna] was Sheriff from 1241 to 1246.

"Of Serjeanties:--they say that Roger Gernet of Halton hold 3 carucates in demesne and 5 in service in Halton and Lek by Serjeanty as Keeper of the King's forests in that county; worth yearly 7 pounds . . . And Roger de Hesam hold 2 carucates in Hesham by Serjeanty of sounding his horn when the King enters that county and when the King goes out of that county, worth yearly 4 pounds." - from "A Calendar of the Lancashire Assize Rolls Preserved in the Public Record Office, London: In Two..." by John William Robinson Parker.

Robert de Passelewe arrented [assessed rents to be paid to the King] the following serjeanty in the time of King Henry III, circa 1247.

"The Serjeanty of Hesham,
which Roger son of Vivian holds, for which he ought to wind his horn (cornare) before the King at his entry into the county of Lancaster and at his departure, has been alientated in part.

Of the same Roger for 10 solidates of land [solidates terre, shillings worth of land] which Thomas Gernet and Aelina [Ellen] sister of the said Roger, hold alienated from that serjeanty by the year, 40d. And the same Roger shall perform the service of the 3rd part of one fee.

Of that land which William de Ferrers and Agnes his wife hold of the serjeanty of Saleford, and of Cleyton, and of Neusum--nothing, because they have the King's charter and writ thereof."
Footnote. "Thomas Gernet holds thereof 10 solidates of rent. And the said Roger thereupn made fine for the said tenement by his consent, to wit 40d. yearly. So that the said tenant shall answer thereof yearly to Roger. And the same Roger shall perform the service of the 3rd part of one fee for his part which has not been alienated, and shall be quit of the said serjeanty."- from "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

"the injuries done to the king by the inhabitants of the Forest, who had enlarged their fields at the expense of the vert, put up buildings, made parks and warrens, sold wood and charcoal, pastured cattle and horses, and all without any legal authorization . . . Robert de Passelewe punished these offences severely, and despoiled of their goods, drove from their houses, imprisoned, banished, or reduced to beggary, a large number of people, both clergy and laymen, nobles and commons . . . Robert de Passelwe had also to deal with corrupt foresters." - from "Studies and Notes Supplementary to Stubbs' Constitutional History Down to the Great Charter" by Charles Petit-Dutaillis, Georges Lefebvre, Walter Eustace Rhodes, William Templeton Waugh, Marion Eva Irvine Robertson, and Reginald Francis Treharne.

In about 1246 Roger sub-enfeoffed the Heysham manor to the de Luci family. This was rather like renting the place out and may indicate that Roger was beginning to feel pinched for money. On the other hand I have a snippet that says,

"Richard I. By Agnes his wife he had issue Thomas Gernet, who held them in . . . He was the father of Vivian Gernet of Heysham, who died in 1246, . . . This line appears to have become extinct, for in the time of Edward I. Heysham was seized by the chief lord and given to . . . of Heysham had escheated to the chief lord. . . de Dacre. Another branch of the Gernet family held Catón under the . . . In the time of Richard I., Matthew Gernet (probably a brother of Adam . . . Roger, son and heir of John Gernet of Catón, made fine with the King by . . ." - from "Final Concords of the County of Lancaster," page 189, by William Farrer

Roger Gernet 'de Caton' was shown to have "granted land in the territory of Welslet" and the deed was witnessed by Sir Roger Gernet de Halton, Roger de Hesam, Adam de Katon, etc.

Probably 1248-1249. From a "Charter of Roger de Guernet [sic] concerning the church of Eccleston. "To all the sons of holy mother church to whom this present writing shall come, Roger Gernet of Halton, knight, greeting . . . . Let all of you know that I, from inspection of the confirmations of the Kings of England, and of the charters of Lord Roger of Poitou, founder of the church of the blessed Mary of Lancaster . . . have determined that the right of the patronage of the church of Eccleston, with its appurtenances in Leylandshire, of rights belongs to the Abbot and Convent of Sees, and to the church of the blessed Mary of Lancaster . . . These being witnesses - Sir Robert de Lathom, then sheriff of Lancaster, Sir Matthew de Redman, Sir John de la Mare, Sir John de Lee, Sir William de Clifton, Sir Adam of Bury, Warin de Walton, Richard Pincerna, Thomas of Capernwray, Adam of Kellet, Adama of Ursewick, Roger of Heysham, Roger Gernet of Caton, Philip, rector of the church of Croston, and many others. " - from "Materials for . . . " Sir Robert de Latham was High Sheriff of Lancaster, 1236, 1248, 1249 and again in 1263.

8 June 1254. Inquest on Ralph de Bethum [note he was an heir of the sister of Quenilda de Gernet (a de Lacy)]. Witnesses included "Roger de Hesham." - from page 194 "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

18 October 1255. Inquest on Adam de Overton. Witnesses included "Roger de Hessaym." - from page 199-200 "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

1255-1259. "Know present and to come that I, Thomas Roud of Bolton, have given . . . to Thomas Capernwray . . . six acres and a half and a rod of arable land in the territory of Bolton, and a half acre of meadow with my whole meadow in Natwramire . . . These being witnesses - Sir Robert of Lathom, Sir Robert of Conyers, Sir John of Cantsfield, Sir Roger of Heaton, Benedict Gernet, Adam of Kellet, Roger of Heysham, Henry of Hest, and many others." - from "Materials for . . ." Another grant of Thomas Roud to Thomas of Capernwray was witnessed by Benedict Gernet, Roger of Heysham and Patrick of Ulvesby [Ulceby], sheriff of Lancaster. Sir Patrick was sheriff from 1255 to 1259.

From the UK archives, Deeds and Documents, of Caton:
- Undated, "Grant: Brother Robert of Manneby, of the Hospital of Jerusalem in England, to Adam of Appeldoretheyt -- property in Caton called Pikedehou, with all waste, late in the tenure of Roger of Arkelbek; also all land in Gaytekanling which Richard of Arklebek held; also all land on Sywardeshustude, which Roger the Potter held; and all land and meadow which John the Chaplain held; and 2 ac. in Ovenebanch between land of Symon son of Emme and Elen her sister and of Roger son of Vivian Garneth; and all land in the Heldes and in the upper part of Hayleye which lies between land of Symon son of Emme and of Elen aforesaid; and all land in the middle of Heyleye; and all land in another place on Leyleye of which one head extends as far as Routhker and the other to be Wythes: and all land in the Sandputtes; all which parts of Hayleyoperne are had from Roger son of Vivian Garneth of Hesham -- paying 2/- yearly. Witn. Brother William of Eryleye, Brother Henry of Euriel, Brother Gilbebt Picoth, Brother Robert of Haucham, Brother Richard of Braumford. Seal fragment."

1256 - "Know all as well present as to come that I, Roger, son of Vivian of Heysham, have given, granted, and by this my present charter confirmed, to God and the church of the Blessed Mary of Lancaster . . . for the safety of my soul and the soul of Wymark my wife . . . all the third part of the mill of Caton, the corn, and all my third prt of the mill of Caton for fulling cloth, without any retention, with all its appurtenances, as in the site for the mill, the pond convenient, and the free water course to the said mills, and with free common of the wood of Caton for proper repairing and maintaining of the said mills without contradiction of any one, and in all the liberties and easements in land and in water pertaining to the said portion of the said mills . . . And if it happen that I, Roger, or my heirs, shall fail in the said warranting in any case, we will fully make sufficient exchange of my land of Heysham . . . Given at Caton in the year of grace 1256, in the month of December, on the day of St. Thomas of India. These being witnesses - William of Furness, Robert of Lathom, Roger of Heaton, Robert of Conyers, Benedict Gernet, and others." - from "Materials for . . ."

Rebellion of Simon de Montfort, 1258-1265 Simon, the Earl of Leicester, 1208-1265, was married to Henry III's sister, Eleanor, in 1238. He had been born in France and was, for a considerable period, one of the king's favorites. However, the king's continued mismanagement of royal finances led to de Montfort's disaffection. In 1244 and again in 1258 financial officers were elected by the Barons to supervise royal spending. Henry refused to comply with their orders and a number of the Barons rebelled under the leadership of de Montfort. The king and his son, the future Edward I, were defeated and captured at the battle of Lewes, in Sussex. De Montfort's personal greed and the ill treatment of royalists around the country did not endear the Earl to the other Barons. As quarrels broke out amongst them, Edward escaped from prison, raised a loyal army, and defeated and killed de Montfort and his sons at the Battle of Evesham, in August 1265. See the graphic drawing below of the death and dismemberment of Simon for an idea of the passions at play. Released from prison, and by now a weak man, Henry III was content to allow his son to run the country in all but name. Note that Simon de Montfort was a signatory with Roger Gernet on the city charter of Salford, England. The Gernet's lost their valuable sinecure as Foresters of Lancashire in 1280. Does this imply that they joined de Montfort's rebellion and were later punished for it?

In yet another grant,

1259. "I, Roger, son and heir of Vivian of Heysham, have given, granted, and altogether quit-claimed, to Sir William de Rey, Prior of Lancaster . . . all right and claim which I ever had, or could have, in the toft which Robert, son of Elt, formerly held in the vill of Heysham, and in an acre of land with Adam of Urswick gave to the said priory . . . Rendering therefore annually to me and my heirs or assigns four pence sterling at the two terms of the year by equal parts, namely, at Easter and at the feast of St. Michael the Archangel . . . These being witnesses--Sir William le Botiler, then Sheriff of Lancaster, Sir Roger of Heaton, Benedict Gernet, Thomas of Capernwray . . ., and many others."

20 January 1260. Inquest on Roger de Croft. Witnesses included "Roger de Hesam." - from page 199-200 "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

Circa 1260. "Caton. Roger, son of Vivian Gernet, grants to the brethren of the hospital of St. John of Jerusalem, one bovate of land with a messuage in the village of Caton, also one acre in the same village between the land of the abbot of Cokersand, and the land of Roger Gernet of Caton; and two perches of land lying at the upper head of Welested." - from the "Calendar of Charters and Rolls Preserved in the Bodleian Library"

1269. Sir Benedict Gernet and Roger de Heysham (Hesaym) witnessed a grant by Thomas de Coupmanwra to the Abbey of Furness. Other witnesses were Sir Richard le Botyler, sheriff of Lancashire, Sir William de Heaton, the King's coroner, Gervase de Oxecliff, and Orm de Kellet. - from the "Annual Report of the Deputy Keeper of the Public Records"

54 Henry III, Westminster, 20 July 1270, Justice John de Oketon, plaintiff Alan de Welleslech, defendents Roger son of Vivian de Heseham and John son of Roger Gernet [of Caton?], Writ of Novel disseisin: Common of pasture in Caton. - from "A Calendar of the Lancashire Assize Rolls Preserved in the Public Record Office, London: In Two..." by John William Robinson Parker.

Roger de Hesham sold lands in Hesham to his maternal uncle, Laurence Travers, temp. Henry III - from "A Colleciton of Pedigrees of the Family of Travers" by Samuel Smith Travers.

1261-1272. "Grant in perpetuity from Master Laurence Travers to his son, Thomas Travers, of all his demesnes of Heysham (Hesaym) which he purchased from Roger, son of Vivian de Hesaym, (except two acres of land whereof he enfeoffed Richard de Heton, one lying on either side of the hill (montis) of Crossecoppe and the other in the field called Bryches), and also of two acres which the grantor bought from Adam, son of Robert de Kellet in the territory of Heysham, viz., one acre in Le Midilrigge, half an acre on le Bruneberh, and the other half acre in Le Cloniggis del Maniclyuys, to hold of the grantor during his life, and after his decease, of Roger de Hesaym and his heirs. Witnesses: Sir Ralph de Dacre (Dakyr), sheriff of Lancashire, Sir Benedict Gernet, Sir William de Heton, Alan de Catherton, John de Oxeclyve, Orm de Kellet, John le Gentyl, Nicholas de Lee, John de Parlis, Richard de Heton, and William Warde. (Seal destroyed.)" - from "Annual Report of the Deputy Keeper of the Public Records."

"1260-1286. Grant in perpetuity from Roger de Hesaim, son of Vivian de Hesaym, to Thomas Travers, of all that land and meadow which adjoin his "culture" or ploughed land (cultura) del Quytecroft on the south, described by bounds, beginning seawards at th extremity of a certain rock which is called le Bronneberh, and so following over the summit of the said rock as far as his culture del Hallesteded, &c., with all liberties and easements in all places to so much land pertaining in the vill of Heysham and without. Witnesses: Sir Ralph (R.) de Dacre (Dakyr), steward of the Lord Edmund's lands, Sir William de Heton, John de Oxclyve, John de Parlis, and Thomas de Parlis. (Seal.)" - from the "Annual Report of the Deputy Keeper of the Public Records"

"1274-1286. Grant in perpetuity from Roger, son of Vivian Gernet, of Hesaym, to Thomas Travers, of half an acre of arable land in Upper Heysham (Hesaym superior), site described. Witnesses: Sir Henry de Lee, sheriff of Lancashire, John de Parlis, John le Gentyl, John de Oxeclyve, Adam de Hesaym, Ralph de Hakunyshou, William Warde, and Waler, son-in-law of Elyas de Hesaym. (Seal destroyed.)" - from the "Annual Report of the Deputy Keeper of the Public Records"

1272-1275. ". . . Heysham, purchased from Roger son of Vivian de Hesaym; also two acres, on the Brimeberh and elsewhere, purchased from Adam son of Robert de Kellet: to be held of the grantor during his life and then of Roger de Hesaym and his heirs." - from "Remains Historical . . ."

3 Edward I [1275]. "Heysham ("Hesham") (Lanc.): appointment of Guichard de Charrun and William de Northburgh to take assise of novel disseisen arraigned by Roger de Hesham against Thomas son of Laurence to Travers and others, touching a tenement in . . ." - from "Annual Report of the Deputy Keeper of the Public Records"

Ranulf de Dacre had married Joan de Lucy by 1274 and in 1278 received the manor of Heysham from Joan's mother, Alice de Lucy, who held of Roger. Ranulf and Joan were the parents of William de Dacre who later married Joan de Gernet, the last of the Halton line of the family.

"The family of Lucy afterwards held the Manor under the Gernets, from whom it passed, in the twelfth century, with Joan, daughter of Alice de Lucy, to Ranulf de Dacre, and by the marriage in the next generation of William de Dacre with the heiress of Benedict Gernet, from a mesne lord he became sole proprietor." - from "Notitia Cestriensis: Or Historical Notices of the Diocese of Chester" by Francis Gastrell, Francis Robert Raines

"Sir Randle de Dacre had died in Sept. 1286; his wife was Joan daughter of Lady Alice de Lucy. They had purchased the manor [Heysham] about 1278." - from "British History Online"

14 Edward I [1286] - "Co. Cumberland-- . . . Ranulf held Mosedale in Allerdale of the Lady Alice de Lucy, and renders to her one mark yearly, which said mark the Lady Alice assigned to the said Ranulf de Dacre in frank marriage with her daughter Joan." - from "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

Inquest, 1 September 1286. ". . . Joan, together with Ranulf, her husband, were jointly enfeoffed of the manor of Kellet with the appurtenances, and that she was seisen thereof with her husband from the 2 Edward I. [1274], until the feast of the Invention of the Holy Cross, 14 Edward I. (May 3rd, 1286). They also say that she was enfeoffed in like manner of the manor of Hesham with the appurtenances and was in seisin with her husband from 6 Edward I [1278]. until the said feast of the Invention, 14 Edward I [1278-1286] . . . They also say that William, son of the said Ranulf, is his next heir, and was of the age of 20 years at the feat of St. Gregory the pope last past (March 12th)." - from "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

September 5, 1286, Westminster. "To Thomas de Normanvill, escheator beyond Trent. Order to deliver to Joan, late the wife of Ranulph de Dacre, tenant in chief, upon her taking oath not to marry without the king's licence, the manors of Kellet and Hesham, an eighth of the town of Broghton, and 30 acres of land in Duuvaneby, to be held until otherwise ordered, as the king learns by inquisition taken by the escheator that Joan was enfeoffed thereof jointly with Ranulph, and was in full seisen thereof until his death. Witness: Edmund, Earl of Cornwall" - from the "Calendar of the Close Rolls"

In 1278 Roger de Heysham was still, if I understand the term correctly, the lord of the manor in capite, while the Dacre's were the mesne lords. It was only with the death of Roger (and that of Alice de Lucy, who died in 1287) that the Dacre's became sole proprietors, through Roger's niece, Joan. While he lived Roger continued to own other land in Heysham and had a position of some repute.

The following is a citation I have not been able to attribute to any other Roger Gernet.

9 Edward I [1281]."Vuerburgh (Lanc.); appointment of Geoffrey Aguillon and Alan de Walkingham to take the assise of novel disseisin arraigned by Alice late wife of Willima de Morthing against Roger Gernet and others, touching a tenement in [Vuerburgh]." - from the "Annual Report of the Deputy Keeper of the Public Records."

1285-1288. "Roger son of Vivian Gernet grants to Thomas Travers half an acre of arable land in Upper Heysham in a village near the Withengreves." - from "Remains Historical . . ." Also referenced as "Roger de Heysham son of Vivian de Heysham granted Thomas Travers land adjoining his culture of the Whitecroft, the bounds on the sea side beginning at a rock called the Bronneberh. Sir Ralph de Dacre, steward of Lord Edmund's [Earl of Lancaster] lands, was a witness." - from "British History Online."

1286. The next reference described the forest jurisprudence, from Justices in Eyre through a listing of Viridors and Regardors. Of interest to us are two paragraphs,

"Forest Assize Held at Lancaster
15 Edward I. A.D. 1286.
Under the Jura Regalia of Prince Edmund, Earl of Lancaster.
. . .
Forestar. Thom. de Gersinghm forestar feod f Willm de Dacre qui desponsavit filiam f herede Benedti Gernet qui tuc tpris fuit forestar feod f p Rogm de Lanc.
. . .

. . .
Present est f con &c qd Nichus de Lee Johes fil. Symonis Johes de Arkelbeck mortuus Rogus frat ejus Witts fil. Juliane de Heysam Walts Gernet supis redept Ricus fil Witti de Hoton fuernt in foresta dni Reg infra dnicas hayas annon judco ad malefaciend de venacoe f cepnt cervos f bissas cu arcub sagitt f leporar gm pdci Nichis f Johes fil . . . "
- from "History of the County Palatine of Lancaster" by Edward Baines, William Robert Whatton

Roger had died by 1290/1 when Thomas Travers alleged that "Roger de Heysham, chief lord of the vill, had enfeoffed Lawrence Travers, plaintiff's uncle, of certain lands, &c., in Over Heysham, with all ways and paths, before Randle de Dacre and Joan his wife had purchased the lordship of the vill from Roger. The defendants were Joan, then widow of Randle, and Nicholas the reeve." - from "British History Online."

Roger supposedly dsp, but I'm not so sure. George Lissant only claims that, "He [Roger] appears to have died without male issue and his estates, for Heysham at least, passed to the Dacres by the marriage of his daughter Joan" Heiress of Benedict Gernet," with one of that family." George has confused the Gernet's of Halton and those of Heysham here. Moreover, we know that the Heysham estate had passed, or at least been enfeoffed by Roger Gernet of Heysham, to the de Luci family before 1250. That the heir of the de Luci's, William Dacre, wound up with the estate says nothing about Roger's heirs.

Roger's was (very likely),
(8) John de Hesaym (c1250)

"John son of Roger de Hesaym."

"1274-1286. Grant in perpetuity from John son of Roger de Hesaym, to Thomas Travers, of half an acre of arable land in the territory of Suggeholm in the vill of Heysham (Hesaym), with the meadow adjacent at both ends, which Adam de Donington held of the grantor at farm. Witnesses: John de Oxeclyve, John de Parlis, John de Coupmanwra, Orm de Kellet, Ralph de Hakunyshou, Adam de Hesaym, Richard de Heaton, and Lawrence, son of Thomas Travers(Seal destroyed.)" - from the "Annual Report of the Deputy Keeper of the Public Records"

"1274-1286. Grant in perpetuity from John, son of Roger de Heysham (Hesaym), to Thomas Travers, of 3 roods of arable land in the vill of Heysham (Hesaym) in le Secroft, which Adam de Donington sometime held of the grantor at farm, rendering yearly an arrow at Michaelmas. Witnesses: Sir Henry de Lee, sheriff of Lancashire, Orm de Kellet, John de Parlis, John le Gentyl, Adam de Hesaym, Ralph de Hakunyshou, Lawrence Travers, and William Ward." - from the "Annual Report of the Deputy Keeper of the Public Records"

"1274-1286. Grant in perpetuity from John, son of Roger de Heysham (Hesaym), to Thomas Travers, of all that his meadow pertaining to the half oxgang of land held of the grantor at farm, by Adam de Donington, in Heysham (Hesaym), and all his arable land in Runsnaresyk, rendering one rose yearly on St. John's day. Witnesses: Orm de Kellet, John de Parlis, John de Oxeclyve, Adam de Hesaym, William Warde, and Ralph de Hakunyshou." - from the "Annual Report of the Deputy Keeper of the Public Records"

6 Edward I [1278]. "Nuisance--Robert de Hoyland and Alina his wife v. Roger Collan of Slene, Juliana his wife, William de Catherton, Laderena his wife, Adam fiz Gille, John son of Roger de Heysam, Ralph son of Peter de Lancastre, Michael Ferweton, Adam de Brancebrek, Roger Delan, Richard son of Robert de Thornholm and Adam Pacok re a fence demolished in Ellal. Put back to the next etc. unless etc., for lack of jurors, for that the parties have brough so many calumnies against the jurors." - from "A Calendar of the Lancashire Assize Rolls Preserved in the Public Record Office, London: In Two..." by John William Robinson Parker. Ellal is Ellel, southeast of Lancaster, and south of the Quernmore forest. This is fairly far from Heysham.

In 1290/1, after Roger de Heysham's death, Thomas Travers alleged that "Roger de Heysham, chief lord of the vill, had enfeoffed Lawrence Travers, plaintiff's uncle, of certain lands, &c., in Over Heysham, with all ways and paths, before Randle de Dacre and Joan his wife had purchased the lordship of the vill from Roger. The defendants were Joan, then widow of Randle, and Nicholas the reeve." - from "British History Online." John de Heysham is not mentioned, but that may not be important since the case was about events that did not involve John. What I think is important is that John was in the earlier grants called "John son of Roger de Heysham" and Roger de Heysham was called the chief lord of the vill.

The son of Julia [Juliana] and thus a probable brother to Roger. From "Lancashire and Cheshire, Past and Present," 1867.

"In the same assizes [1286-87], Richard de Lee, John the son of Simon, John of Arkelbeck, Roger his brother, and William the son of Julia de Heysham, were accused of capturing deer and wild cattle with bows, arrows, and hunting dogs. On this occasion the parties pleaded that they had a right to do so, under a charter granted by King John to the thanes of Lancashire."

William left no heirs that I've been able to discover.

I believe Thomas was the brother of Roger de Hesham, the son of Vivian.

Circa 1247. "The Serjeanty of Hesham,
which Roger son of Vivian holds, for which he ought to wind his horn (cornare) before the King . . . Thomas Gernet holds thereof 10 solidates of rent. And the said Roger thereupn made fine for the said tenement by his consent, to wit 40d. yearly. So that the said tenant shall answer thereof yearly to Roger. And the same Roger shall perform the service of the 3rd part of one fee for his part which has not been alienated, and shall be quit of the said serjeanty."- from "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

The Pipe Rolls for Lancaster for 1249 also mention Thomas de Hesaym.

"Inquest made at Lancaster, on Monday next after the feast of the Ascension of our Lord, 33 Henry III. (May 17th, 1249), by Symon, son of Michael, Adam de Boelton, Roger, son of Alward, Richard de Dalton, clerk, Thomas de Hesaym, Ralph de Bolrun, William de Heste, Jordan de Ellale, Adam de Midilton, Henry, son of Gilbert, Thomas Roud, and and Adam Gernet of Caton, who say that the said Elyas de Boelton held in chief of the King 2 bovates of land in the vill of Boelton . . ." - from page 175 "Lancashire Inquests, Extents, and Feudal Aids ..." by William Farrer

1249. "Around 1235, Beatrice, daughter and heiress of Osbert of the Berne, sold some land. She appended to the deed of sale her seal, which bore the legend 'S BEATRICE FIL OSBERTI.' Fourteen years later, after her marriage to Thomas Gernet, she still used this same seal." - from "Autonomy and Community: The Royal Manor of Havering, 1200-1500" by Marjorie Keniston MacIntosh.

The following is from the Chartulary of Cockersand. Donatores were those offering the services of their villeins, nativi, to the abbey at Cockersand. It is a prime example of the confusion caused by the use of de Hesham as both a title, for the Gernets, and a residence, for the villeins. I'm not sure of the date, but I suspect circa 1250. Roger, son of Vivian Gernet de Hesham, lived circa 1230 to 1285. I believe Thomas Gernet de Hesham was Roger's younger brother, mentioned in the records from 1247 to 1253. Another donatore, Thomas de Coupmanwra, was of age to witness charters 1252-1269. Roger Gernet of Halton held the manor from 1207 to 1252. Roger Gernet of Caton held that manor from 1241 to 1251. Matheus de Redeman of Yealand was witnessing charters from circa 1229 to 1252.

Nomina nativorum de quibus cartas habemus et Donatorum, De Lonnesdale et Kendale.
[The names of the bondmen granted to the canons by charter, with the names of the donors in Lonsdale and Kendale]

Donatores: Rogerus filius Wiviani Gernet de Hesham
- Nativi: Adam filius Ricardi filii Rogeri de Hesham
- Nativi: Rogerus f. [filius] Adae f. Michaelis cum sequela
- Nativi: Alanus f. Adae de Hesham c.s. [cum sequela]
- Nativi: Adam f. Brun f. Michaelis c.s.
- Nativi: Adam f. Michaelis de Hesham c.s.
- Nativi: Ricardus f. Adae f. Michaelis c.s.
- Nativi: Thomas f. Radulfi f. Gilberti c.
- Nativi: Radulfus f. Simonis de Hesham
- Nativi: Adam f. Simonis praepositi c.s.
- Nativi : Gilbertus f. Radulfi de Hesham c.s.

Donatores: Thomas Gernet de Hesham
- Nativi: Ricardus f. Radulfi de Hesham c.s.
- Nativi: Rogerus f. Simonis generis Ormi.
- Nativi: Benedictus f. Simonis c.s.

Donatores: Rogerus Gernet de Halcton
- Nativi: Hutredus f. Willelmi f. Radulphi de Lec c.s.
- Nativi: Benedictus f. Benedicti praepositi de Lec.

Donatores: Rogerus Gernet de Catuna
- Nativi: Ricardus f. Ricardi de Catona
- Nativi: Adam f. Roberti de Caton.

- from "Remains, Historical and Literary, Connected with the Palatine Counties of Lancaster and Chester" by Chetham Society, page 1057-8.

"In 1253 it was recorded that Roger son of Vivian held the third part of a knight's fee in Heysham by serjeanty. One alienation had been made — Thomas Gernet and Ellen, the sister of Roger, holding land worth 10s. a year." - from "British History Online". Since this was a single alienation, I assume both Thomas and Ellen held it together and so were both siblings of Roger.

"In 1253 it was recorded that Roger son of Vivian held the third part of a knight's fee in Heysham by serjeanty. One alienation had been made — Thomas Gernet and Ellen, the sister of Roger, holding land worth 10s. a year." - from "British History Online".

The father of Adam de Hesham of Nether Heysham. He could be a son of Thomas Gernet of Heysham. Note that Benedict and William de Hesham, above, were also of Nether Heysham.

Of Heysham. A land-owner in the Heysham/Bolton area. He married Helewise de Capernwray. Since the records of land transactions for him are more extensive then for any other Heyshams of this period, outside the main line, I suspect he may have been an heir of (7) Roger Gernet de Hesham (c1230) or (8) John de Hesaym (c1250), circa 1290. Adam's marriage to a daughter of Thomas of Capernwray also indicates that he was a man of some moment.

1272-1274. "Know present and to come that I, Thomas of Capernwray, have given, granted and by this my present charter have confirmed to Adam, son of Robert of Heysham, and Helewise my daughter and their heirs, six acres of land, with the appurtenances, in Bolton, which I had of the gift of Henry of Nottingham, which said six acres the said Henry held of Robert of Wedacre:- To hold and to have to the said Adam and his heirs begotten of the said Helewise, of me and my heirs, freely, quietly, well, and in peace, by hereditary right, with all the liberties and easements, pertaining to so much land within the vill of Bolton and without:- Rendering therefor to me and my heirs, he and his heirs, twelve pence at the feast of St. Oswald for all secular service, exaction, and demand . . . These being witnesses- Sir Ranulph of Dacre, then sheriff of Lancaster, Sir Benedict Gernet, Sir William of Heaton, Sir John of Tatham, Alan of Catherton, Nicholas of Lee, William son of Simon of Bolton, and others." - from "Materials for . . . "