"Herveus Walterus" donated "feodum meum in Wyngefeild...in Sikebroc...in Istede..." to Butley priory, Suffolk, for the souls of "meæ et Matildis sponsæ meæ et filiorum nostrorum...Ranulfi de Glanvil et Bertæ sponsæ et filiorum suorum", by undated charter, witnessed by "Willielmo de Albervilla, Willielmo de Valoniis, Roberto de Valoniis...Willelmo de Glanvilla clerico et filiis meis Huberto, Waltero et Rogero et Hamone". 1
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There is apparently a pedigree of the Ormonde family drawn up by the Heralds toward the end of the reign of Charles II, preserved in the Castle of Kilkenny, showing Herve Walter as the son of Thomas filius Theobaldi de Heilli et Agnes Becket soror Thomæ Becket Archbiepiscopi Cantuariensis. Of the Kilkenny Pedigree, Thomas Carte asks "whether Thomas, son of Theobald de Heilli, Hely or Helles, and husband of Agnes Becket, was really the father of Hervey Walter." He continues...
The reason why I dispute it arises from its inconsistency, not only with the book of fiefs of the the county of Lancaster...where Herveus is positively said to be the father of Hervey Walter, but also with the age of this last. Thomas Becket was killed on Dec. 29. 1170, in the 48th year of his age, so that he was born A.D. 1123. Jerusalem was taken by Godefrey de Bouillon on July 15. 1099, in the first expedition to the Holy Land. It doth not appear that there were any English in that expedition, and some years passed before any person of note carried any party thither from this Kingdom. Among those cavaliers who desired to shew their zeal for religion by adventures in the eastern part of the world, Gilbert Becket was one.... He had the good fortune to return alive, after having been a prisoner for a year and a half among the Infidels. Whilst he was in captivity, he had been the instrument of converting the daughter of a Sarazen Commander to the Christian Faith, who afterwards making an escape from her friends, came to England, found out Gilbert, was baptized and married to him. Brompton in his Chronicle (ad Ann. 1163.) says, that Gilbert immediately after his marriage made a second voyage to the Holy Land, leaving his wife with child of Thomas Becket, and staid three years and a half in that country. After his return he had...two daughters [Agnes, and Mary Abbess of Barking]; nor is it of any consequence which of them was the elder, since neither of them could be born until the year 1127, and consequently neither could be grandmother to Theobald and Hubert Walter.
Hervey Walter their father married Maude daughter of Theobald de Valoines, as Ranulph de Glanville married Bertha the other daughter of the same Theobald. Hubert Walter, founding the Abbey of West-Derham in Norfolk, in his charter mentions Ranulph and Bertha, and then adds qui nos nutrierunt; which hath furnished a pretence for the notion that Hervey died young, and left his sons Theobald and Hubert, to the care of Ranulph de Glanville. But as it was a common thing in those days to put young Noblemen under the tuition of such eminent and learned persons, as Ranulph de Glanville was, for instruction in their studies, and direction in their education, it was on this account that Theobald and Hubert were bred up with him; for their father was living long after they came to man's estate. Ranulph de Glanville, founded the priory of Buttele in 1171, and afterwards Hervey Walter endowed it with some lands in Wynfield and Sykebroc in Suffolk, and this charter is attested by Hubert, and three other of his sons. Hubert Walter having in the time of Henry II. been one of the Barons of the Exchequer jointly with his unkle Ranulph de Glanville, (who paid a great deference to his judgment and opinion in all cases) and also Dean of Yorke, was by Richard I. advanced to the See of Salisbury, and in 1193. made Archbishop of Canterbury. He was at the same time Chancellor and chief Justiciary of England; and so many charges...exciting the envy of the world, he in 1195, wrote a letter to the King mentioned in Parker's Antiquitates, desiring leave to resign his civil offices, alledging that he was now Senex et Valetudinarius. Supposing him to be at this time sixty years old he must have been born in 1135, at which time Agnes Becket could not possibly be above eight years of age, and therefore can never be supposed to be his grandmother. His brother Theobald was still elder than he, and therefore succeeded to all the estate of their father both in Suffolk and Lancashire. Henry II. was at Chinon in Touraine, A.D. 1170, and there signed a Charter for the Priory of Coverham in Yorkshire (Monast. Vol. 2, p. 648) to which Theobald Walter and Ranulph de Glanville were witnesses. At the time of the Black Book of the Exchequer published by the late Mr. Hearne, (which he supposed to be about the time of the marriage of Maude, daughter of H. 2. to Henry Duke of Saxony, which was in 1164.) Theobald Walter held Amounderness in Lancashire by the service of a knight's fee. Hervey Walter his father marrying the elder daughter of Theobald de Valoines, may well be supposed as old as Ranulph de Glanville who married the other daughter. This Theobald de Valoines in the Sheriff's accompt for Norfolk and Suffolk in 18 H. I. (of which year Mr. Prynne judged the oldest Pipe roll to be) i.e. A.D. 1117, is said to pay a fine of twenty pounds to the King for a breach of the peace: and might then have a daughter fit to be married to that Herveus filius Hervei, who in the same roll is said to be a like fine for erecting his lands in those Counties in manours. Nor do I see any reason, why the Hubert Walter mentioned in Dugdale's Baronage to hold lands in Norfolk in 3 Hen. 2. (i.e. at the latter end of 1156 or the following year) may not be the same Hubert Walter, who bought lands in West-Derham of Geoffrey Fitz Geoffrey, and settled them on the Priory of Buttele which he founded. But what is here mentioned shews very plainly, that Thomas Fitz Theobald de Helles, Heilli or Hely could not be the grandfather of Theobald Walter the first Butler of Ireland.
That descent being disallowed, it will be difficult, if not impracticable, to account for the lineal descent of the Ormonde family from the sister of Thomas Becket, which was an old tradition in the family, and so generally allowed, that it procured at last the authority of Parliament for its support. Soon after the Archbishop's death, Thomas son of Theobald de Hely or Heilli and his wife Agnes, founded the Hospital of S. Thomas de Acres, and gave to it the House where Gilbert Becket lived, and where Thomas Becket his son was born, with some lands thereto adjoining. The question hence arising is, who was this Theobald de Hely, or Heilli, or Helles? A question not easy to be solved, because no mention is made of him by any of our Historians. This however is certain, (as will appear soon) that he was a person concerned in the conquest of Ireland, and had a great tract of country given him by Henry II. for his services in that kingdom; so that he was living in A.D. 1171. when that King went over with an army thither. For this reason I have been inclined to think him no other than Theobald Walter the first Butler of Ireland, who might not take upon him the name of Walter as long as his father lived, but chose rather to denominate himself from the country whereof he was Lord, and which being in those days known by the name of Hely or Heilli, contained several Baronies in Tipperary and the adjoining Counties, now distinguished by the names of Ely O Garthy, Ely O Carrol, &c. It was usual for the great Barons of that age to marry their eldest sons very young, for fear they should (in case of any fatal accident attending themselves) fall into the King's hands, as his wards, and be disposed of in marriage to great disadvantage. It is natural to think that Hervey Walter took the same method; and it is scarce credible that his eldest son Theobald should not be married, till he espoused Maude Vavassour at the latter end of the reign of Richard I. i.e. above twenty years after he had been chief Butler of Ireland, and when he was at least as much an old man as his brother Hubert. Theobald had by this marriage Theobald II. who was not of age till A.D. 1221.
It being so natural to think that Theobald Walter had been married to a former wife, I imagined that by her he might have that Thomas, who is stiled Fitz Theobald de Hely, o Heilli, who married Agnes Becket, and founded the Hospital of S. Thomas de Acres in London, where Mercers Chappel now stands; and that Thomas dying (as is generally supposed) without issue, all his estate and effects, (and particulary the famous horn of Thomas Becket which was so religiously preserved in the Ormonde family,) might thereby fall to his father or to his half brother Theobald II. I met with several things that seemed to flatter this notion, particularly in the Chartulary or Register of grants made to the famous Abbey of S. Thomas, commonly called Thomas Court, in Dublin. This Monastery was built 1177, by William Fitz Adelm chief Governor of Ireland, by the command of King Henry II. for Canons of the Order of St. Victor, in the presence of Vivianus Presbyter Cardinal the Pope's Legate, Lawrence Archbishop of Dublin, and several others.
In this chartulary there are several grants, made to the Monastery by Beatrix Walter, of lands, churches, and advowsons in the land of Hely, or Heilli, which Theobald Walter had given with her in marriage to Thomas de Hereford. The portion given with her was no small one; it appearing from these charters to contain ten knights' fees; besides which, her husband held also fifteen knights' fees in the same land of Hely under Theobald Walter whom he acknowledgeth for his Lord. Thomas de Hereford confirming his wife's grants, added thereto the tythes, advowsons, and ecclesiastical profits and benefices upon those 15 fees which he thus held. Thomas died without issue, and Beatrix afterwards married Sir Hugh Purcel, who gave the Church of Lochmy to the same Monastery. There is likewise in the same Register a grant of Roger Poer, whereby he conveys to the same Convent all the Churches upon his estate in the fourth part of a Cantred or Hundred, which he held of his Lord Theobald Walter in Hely. This, with the eleven Charters (for there are no fewer) of Beatrix Walter, and her first husband Thomas de Hereford, shew undeniably, that Theobald Walter was Lord of Hely, or Heilli, and make it probable that there was some affinity at least in the case, to produce that extraordinary regard which this Lady manifested to a Monastery founded in honour of Thomas Becket. It appears likewise from these Charters, that Theobald Walter had married his daughter Beatrix in his life time; and as he died in 1206, his son by Maude Vavasour being then only five or six years old, it is the more likely that he had Beatrix by a former wife. The lands given with her in marriage to Thomas de Hereford ought, by the terms of the Settlement, for want of issue of their bodies, to revert to her father and his Heirs: yet Sir Hugh Purcel her second husband kept possession of several ploughlands in Corktyn, Dromilchi, Caneris, and Gertnecloyth. This occasioned a suit for those lands; which Theobald le Botiller, great grandson to Theobald Walter, claimed as his heir, setting forth the deed of settlement and his own descent, as is contained in a Plea roll 24. E. I. m. 68, preserved among other records in Bermingham's Tower. Purcel pleaded that the lands in dispute had been released by Theobald Walter to Sir Hugh Purcel his grandfather, reciting the deed totidem verbis; the genuineness whereof was denied by Theobald le Botiller; and upon that point they came to an issue.
Theobald Walter himself was before his death a benefactor to the said Monastery which Henry II. had founded to expiate the murder of Thomas Becket. He granted to it the Church of Ardmulchan, with all the chappels, tythes, profits, and benefices thereto belonging. In this deed he mentions his brother Hubert Archbishop of Canterbury by name, and it is attested by Simon Bishop of Meath,William and David Bishops of Glendelach and Waterford, Myler Fitz Henry then Lord Justice of Ireland, and several others. Now Simon Rochfort was created Bishop of Meath in 1194, and sate near 30 years in that See; Myler Fitz Henry was made Justice of Ireland in the first of King John, and continued so until 1210, when John Grey Bishop of Norwich succeeded him. David Bishop of Waterford was a kinsman to Myler, and consecrated in 1204: and Theobald Walter dying in 1206, this Charter seems to have been made in the year before his death. It is probable that the grants of Beatrix Walter to the same Abbey were prior to this point in time.... Simon Bishop of Meath is the only Bishop who attests the charters of Beatrix; but her husband's confirmatory, and subsequent charters are attested not only by him, but also, one of them by Simon, and another by William, Bishop of Glendelach.This See of Glendelach contained almost all the country about Dublin, so that the Diocese of the Archbishop of the City scarce extended beyond the walls of the place. This was found inconvenient by John Papiron the Pope's Legate, who...ordered Glendelach to be annexed to the See of Dublin. It was accordingly so annexed A.D. 1214, when William Piro the last Bishop of that See died. Hence it necessarily follows, that the grants of Beatrix Walter to the Abbey of S. Thomas were made between A.D. 1194, when Simon Rochfort was made Bishop of Meath, and 1204, when William Piro attested the charter of Theobald Walter; because one of her husband's confirmations of her grants was attested by Simon Bishop of Glendelach predecessor to the said William.
What hath been observed with regard to these charters...shews sufficiently, that Theobald Walter the first Butler of Ireland, was Lord of the Country called Hely, or Heilli, and might thence, at least whilst his father lived, be very properly stiled Theobald de Hely, or Heilli, and that Beatrix Walter who made the beforementioned grants to the Monastery of S. Thomas, (before the birth of her brother Theobald II.)was Theobald's daughter by a former wife. Hence I was ready to conclude, that Thomas Fitz Theobald de Helles or Hely (who married Agnes Becket) was the son of Theobald Walter by his first wife, mother of Beatrix aforesaid; and if this Thomas had died without issue, his father, or brother by the half blood succeeding to his estate, their descendants might in process of time be easily mistaken to be of the blood of Thomas Becket, as descended from his sister Agnes. But whilst I was entertaining my self with this notion ... I was informed of other records which puzzle the matter, and raise up new difficulties. There is in the Herald's office a Book in the hand-writing of Glover, containing among other things several transcripts from the Register-book of the Convent of Bermondsey. Of these, one runs in these words. Agnes soror beati Thomæ Martyris in viduitate mea dedi hospitali Sancti Salvatoris de Bermondsey decem solidatos redditus, &c. Teste Theobaldo milite NEPOTE Beati Thomæ Martyris. In the next instrument renewing this grant, she calls this Theobald (who was witness to the other) her heir: and then follows a confirmation of the grant by the same Theobald, who stiles himself Theobald de Halles. It is evident from hence, that Agnes Becket survived her husband Thomas, and Theobald de Halles being called her Heir, and being also nephew to Thomas Becket, was probably her son; though that relation be not expresly mentioned, because of the fondness at that time for being related to that Archbishop. This name here spelt Halles or Helles, is by Stow in his Survey of London, written Heilli, the name of the territory belonging to Theobald Walter in Ireland, and which in the Records of that Country is spelt indifferently either Heilli or Hely. So that unless this Theobald the heir of Agnes died without issue, I do not see how the land of Heilli could come to Theobald Walter and his heirs; or how there could be any pretence of affinity between the Ormonde family and Thomas Becket. Hervey Walter might possibly have a younger brother named Theobald, who might have the land of Heilli given him at the conquest of Ireland, and his issue failing, the land might descend to Theobald Walter, as his heir at law.... It is very probable, that Herveus the father of Hervey Walter, might have other children younger than he: and I find William son of Herveus was High Sheriff of Norfolk and Suffolk from the 32d of Henry II. to the 2d of Richard I. and in the Pipe roll of 15 H. 2. for Salopescire, this William son of Herveus accompted for 32l. in Hag. de dono Gilberti de Gand tempore regis Stephani, as William de Valoines did for 40l. in Staness' de dono ejusdem Gilberti tempore ejusdem Regis. I find also in the Pipe roll for Norfolk and Suffolk in 10 Rich. I. this entry, Osbertus filius Harvei reddit compotum de xxl. pro ducenda in uxorem Margareta de Ria per gratiam Domini Regis. Herveus might also have another son settled in Ireland, but whether he had or no, and whether Theobald de Heilli or Hely, was either his son, or was Theobald Walter himself, must be left to conjecture. I have here offered my reasons for the last notion; and they prove at least, that Theobald Walter was allied by consanguinity to Thomas Fitz Theobald de Heilli, whose lands in Heilli he enjoyed....
Herveus the father of Herveus Walter, probably came over with William the Conqueror, and had large possessions in Norfolk, Suffolk, and Lancashire. In the Pipe roll, commonly called 5 Steph. but certainly some years older, is this entry, Herveus filius Hervei reddit compotum de decem marcis, ut haberet socam & sacam in terra sua. I take this Herveus the son to be Hervey Walter, so called before he was distinguished by the surname of Walter; after which it helped to distinguish his Father; as appears from the Record ... out of the Book of Fiefs of the County of Lancaster, whereby Herveus the father of Herveus Walter, gave to Ormus Magnus with his daughter Alicia in marriage, four plough-lands in Rawdecliffe, Thistleton & Greaol. These lands so given lay in Amoundernes, and upon failure of the descendants of that marriage, fell to Theobald Walter as heir at law. Whether Herveus the father be the same person, or the son of that Herveus who in Domesday book is mentioned as one that held lands in capite of the King in Norfolk and Suffolk, which his estate lying in those Counties who incline one to think; or whether he was that Herveus mentioned in the Monasticon Tom. I. p. 246, as a younger son of Gilbert de Tunbridge or de Clare, who might possibly settle him in Norfolk where he had lands; which ... flatters Mr. Robert's notion, that the Cups were added to the family arms, to shew that some of Theobald Walter's ancestors had been Cup-bearers; a notion not a little countenanced by an old tradition in the family, (that Theobald Walter descended from one who was Cup-bearer to the Conqueror) mentioned in an ancient Red Book of Records relating to the family..., or whether he was some different Person from either of these, must be left to conjecture.
Herveus Walter married Maude eldest daughter of Theobald de Valoines: and by her had issue, (as hath been said) Theobald the first Butler of Ireland, Hubert Archbishop of Canterbury, Walter, Roger, and Hamon. He was living after the year 1171, when the Priory of Buttele was founded by Ranulph de Glanville; and died probably before the third of Richard I. because in that year, his son Theobald Walter paid money to the Crown for lands at Brusyard in Suffolk; and in the sixth year of that King was High-sheriff of Lancashire, and in possession of all the family estate in that County. 2
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