|
May 5. Westminster. |
To the sheriff of Somerset. Order to supersede the execution of any
order to levy money of the goods and chattels of the prior or convent of
Bath for the use of others than the king, until the king is satisfied for the
debts in which the prior is bound at the exchequer. By K. |
|
Exemphfication of process showing that the king, by his writ, ordered
William de Felton, escheator in co. Northumberland, and by another writ
ordered John de Faucomberge, escheator in co. York, to take into the king's
hands all the lands whereof Nicholas de Meynill, tenant in chief, was seised
at his death in his demesne as of fee, and keep them safely until further
order, and to take inquisition concerning what lands Nicholas held in chief
and of other lords, by what service and their value, who is the next heir
and his age, and by the inquisition returned by the escheator of Northumberland, it is found that Nicholas at his death held in his demesne
as of fee, in chief as of the crown, a moiety of the manor and town
of Wollore and divers other lands in that county, by homage and fealty and
by making suit every six weeks at the county of Northumberland, and by
the inquisition returned by the escheator of York it is found that Nicholas
held no lands at his death in his demesne as of fee, in chief as of the crown
by knight's service, in co. York, but that he held an assart in Aldewerk,
called 'le Rydyng,' in chief by the service of rendering 35s. at the exchequer
at Michaelmas by the hands of the sheriff of York, and that he held the
manors of Wherleton, Heton near Rudby, Semer, Middelton and Aldewerk
with the hamlets of Carleton, Pothou and Tranholm, pertaining thereto, in
co. York, of the archbishop of Canterbury by homage and scutage and by
the service of serving the archbishop on the day of his consecration, with a
cup from which he should drink on that day, and taking the fees pertaining
to that office from the archbishop, and also that Elizabeth, daughter of
Nicholas, is his next heir and was aged eleven at Michaelmas in the 15th
year of the reign; and upon this the archbishop came before the chancellor,
justice and others of the council and showed that Nicholas held of him as
of the right of his church of Christ Church Canterbury, the said manors
and hamlets, by homage and scutage as shown by the inquisition, and died
in the archbishop's homage; after his death the archbishop seised the
manors and hamlets into his hand by reason of the minority of Elizabeth,
to hold until she should come of age, and was seised thereof until he was
amoved by the escheator of York, and he says that according to the law of
the land all lords, after the death of their tenants by knight's service, even
if they similarly held other lands of the king, anciently had the custody of
those lands during the minority of the heirs, and that he and his
predecessors had such custody of all the lands held of them in like
case, although such custody was haply occupied by the king and his
ministers for some time, because he says that in the time of Henry III
one William de Valencia, that king's brother, to whom the king
had granted the custody of the land and heir of Warin de Mountchenesy,
tenant in chief, occupied by virtue thereof, a certain knight's fee in
Preston which Warin held of the archbishop as of the right of his church,
by knight's service, and afterwards at the archbishop's suit claiming that
custody of that fee, it was determined by the magnates of the council
that no prejudice should accrue to the archbishop by that occupation, who
should have the custody of his fees, and the chief justice was enjoined to
cause the archbishop to have the damages sustained by him by reason of
the occupation, as fully appears by the chancery rolls of the time, and also
in the late king's time, Walter, archbishop of Canterbury, after the death
of Gilbert de Clare, earl of Gloucester and Hertford, who held of the archbishop the castle and honour of Tonebrigg by knight's service although
the earl held other lands of the king by knight's service, seised the castle
and honour as a custody, because Matilda, late the earl's wife, was then
pregnant, and he was seised thereof until he was amoved by John Abel,
then escheator, and afterwards at Walter's suit before the late king and
his council, asserting that the custody of such lands ought to pertain to
him and that the king's hand ought not to be laid thereon, and beseeching
the king to cause his hand to be amoved, because it was found that the
archbishop had entered the castle and honour immediately after the earl's
death, before they were taken by the escheator, and considering that the
church is privileged beyond all the churches in the realm of England, the
king removed his hand, allowing the archbishop to hold the castle and
manor as a custody as the right of his church, and that no prejudice should
be done to the archbishop by order of the king in the premises or by any
escheator or other ministers as appears by the chancery roll of that time;
and moreover the king has ordered his hand to be amoved from the
manor of Houthfeld, co. Kent, which belonged to Giles de Badelesmere
tenant in chief, which is held of the archbishop, and which was taken
into the king's hand among the other lands which belonged to Giles by
William Trussel, escheator, and ordered him to deliver the issues thereof
to the archbishop; he also says that when such custodies fell in in times
past, neither he nor his predecessors were impugned by the king's
ministers for occupying them, but held them peacefully as of the right
of their church, to wit in the time of King Henry son of King John,
Archbishop Edmund, after the death of the bishop of Rochester, who
held the manor of Middelton Cheyndut, co. Northampton, and the manor
of Cobehambury, co. Kent, in chief, by knight's service, had the custody
of the manors of Hallyng, Stanes, Bromelegh, Trettesclyve, Holibergh,
Cokelestan, Burstall, Derteford, Fakenham and other manors, which
were held of the archbishop by knight's service, and Archbishop Boniface,
after the death of the then bishop of Rochester, who held the aforesaid
manors in chief, had the custody in the form aforesaid; similarly
Archbishops John de Pecham and Robert de Wynchelse had like custody
after the death of divers bishops of Rochester, and by the records and
evidences aforesaid, his right and those of his church and his possession are
confirmed, and it is not found to be restricted by any special law or by any
certificate of the treasurer and barons of the exchequer made by the king's
writ in chancery that answer was made to the king from such lands except
during voidances of the archbishopric, and he seeks that the king's hand be
amoved from the custody and that it be restored to him together with the
issues. And the king's serjeants being called upon the premises said for
the king that he had such right against all, pertaining to his crown and
dignity, that when men hold lands in chief by knight's service and of other
lords also by knight's service, the king has the custody of all the said lands
until the heir come of age, and as it is clear by the inquisition taken by the
escheator of Northumberland that Nicholas held in chief the moiety of the
manor and town of Wollore and other lands by knight's service, the king
ought lawfully to have seisin of the manors and hamlets held of the archbishop, and the matters alleged by the archbishop whereby he claims his
right and that of his church and his possession have no origin from any
title or cause adjudged upon them so that they yield to the prejudice of the
king in such cases, and although the kings were not seised thereof, through
the negligence of their ministers, that negligence does not yield to the
prejudice of the king, and according to the common law the king should
seise such custodies when they fall in and dispose thereof as he sees fit
and they seek that the manors shall remain seised in the king's hand.
And the archbishop says that the things which are alleged of the record were
sued and process made to the said judgments therein upon the long
possession of such custody, and by those judgments the right is affirmed as
an ancient right of the said church and it should be supposed according to
the common law of the land and this is proved by the exception in an
agreement of the king's prerogative of such custodies among the other fees
of the archbishopric wherefore he and his predecessors have held such
custodies according to the common law, the contrary whereof is not alleged
by anything of the record or otherwise, and the right is not restrained by
any special thing, and the archbishop was seised of the custody as aforesaid, and he seeks that the king will amove his hand therefrom; and
because on inspection of the chancery rolls for the times alleged by
the archbishop, it is found that the archbishops were seised of the
custodies as alleged, and the right of his church in the matter is apparent by
this and by other evidences and reasons, it is determined by the king and
council that the king's hands shall be amoved from the custody and it shall
be restored to the archbishop, and that the taking of the custody into the
king's hand shall not yield in prejudice of the archbishop, his successors or
his church, or be drawn as an example for future time, and the escheator
shall have a writ to amove the king's hand from the custody, restoring the
issues thereof. |
April 20. Westminster. |
To the sheriff of Northampton. Order to supersede the exigents against
Philip de Hardeshull, John de Wotton, Richard de Caisho, Philip de
Queenton, Hugh Gobioun, William de Braham of Rode, John de
Macclesfeld, John de Kirkeby of Norton, Henry son of Isabella
Gobioun, William Herteshorn, William Gobyon, clerk, and Richard
Gauntz, who are indicted before Thomas de Bello Campo, earl of
Warwick and his fellows, justices appointed to hear and determine certain
trespasses and excesses committed in the forests of Sausse, Whytlewod and
Rokyngham in cos. Northampton, Oxford and Buckingham, and placed in
exigents in co. Northampton for that cause, if he find that they have
acknowledged to pay the portions assessed upon them among other ministers
of the fine of 4,000 marks made by the ministers of that county for their
trespasses, before Robert Parvyng, the chancellor and his fellows, justices
appointed to hear and determine divers trespasses and excesses committed
in co. Northampton. |
March 4. The Tower. |
To the sheriffs and coroners of London. Order to proceed with an assize
of frisca forcia arramed by Thomas Hert of London against John de Molyns,
knight, John Marreys, tailor, Geoffrey Swele of Aulton, 'colier,' and Roger
Dyghere of Istelworth concerning a tenement in the parish of St. Andrew,
Castle Baynard, London, but not to proceed to render judgment without
consulting the king, as Thomas has shown the king that the sheriffs and
coroners have delayed to proceed further to take that assize by pretext of a
writ directing them not to proceed in a plea before them between Thomas
and John and the others concerning a messuage in the said parish, which
the king caused to be taken into his hand among the other lands which
belonged to John, whereupon Thomas has besought the king to provide a
remedy. By p.s. [14596.] |
May 2. Westminster. |
To Bertinus Etryk. Order, upon pain of forfeiture, to be before the
king and his council at Westminster on Monday next to inform them upon
certain things which will then be set forth to him on the king's behalf. |
|
By K. |
|
Memorandum that the process of the archbishop of Canterbury enrolled
above, is exemplified in the form of a patent under the great seal in the
following form:— |
|
Rex omnibus ad quos etc. salutem. Inspeximus irrotulamentum cujusdam
processus ad prosecutionem venerabilis patris Johannis archiepiscopi
Cantuarie coram nobis in cancelleria nostra facti et in rotulis ejusdem
cancellerie irrotulati in hec verba: 'Dominus Rex etc.' ut supra in
processu predicto usque ibi 'et fiat breve escaetori etc. ut amoveat manum
domini Regis de custodia predicta et exitus si quos etc. liberet etc.' et tunc
sic 'Nos autem tenorem processus predicti ad requisitionem prefati
archiepiscopi tenore presencium duximus exemplificandum. In cujus etc.
Teste Rege apud Westmonasterium xx die Maij. |
|
Membrane 21d. |
|
Enrolment of grant by Hawisia, late the wife of John de Wysham,
knight, to Sir Michael de Ponyngges, uncle, knight, John Boteler, parson
of Foxherd church, Thomas Boteler and Richard de Morton, chaplain, of
all her manor of Little Elyngham co. Norfolk with the advowson of the
church of that town, together with all her wood called 'Westerhawe' and the
fees and reversions pertaining to the manor. Witnesses: Sir Michael de
Ponyngg[es], lord of Ponyngges, Sir Andrew de Bures, Sir Andrew de
Sakevill, Sir Thomas de Grey, Sir Thomas de Cornerth, Sir William de
Holbrok, knights, Robert de Rokwode, John Saxsy, Richard Parker. Dated
at Aketon co. Suffolk on 18 April 15 Edward III. |
|
Enrolment of grant by Hawisia late the wife of Sir John de Wysham,
knight, to Sir Michael de Ponyngg[es], uncle, knight, John Boteler, parson
of Foxherde church, Thomas Boteler and Richard de Morton, chaplain, of
all her manors, messuages, lands, fees and reversions in co. Worcester
together with the advowsons of the churches of Cherchehull and Sheldesleye
in that county. [Witnesses as above. Dated as above.] |
|
Enrolment of grant by the same Hawisia to the said Michael, John,
Thomas and Richard of all her lands in the towns of Badyngham,
Framelyngham and Pereham co. Suffolk and in all their appurtenances.
[Witnesses as above. Dated as above.] |
|
Enrolment of grant by the same Hawisia to the said Michael, John,
Thomas and Richard of all the manors, messuages, lands, fees and
reversions which she holds in cos. Surrey, Sussex and Kent, with all their
appurtenances. [Witnesses as above. Dated as above.] |
|
Memorandum, that Hawisia came into chancery at Westminster on
17 April and acknowledged the four preceding charters. |
|
Enrolment of grant by Michael de Ponyngg[es], uncle, knight, John
Boteler, parson of Foxherde church and Richard de Morton, chaplain, to
Dame Hawisia late the wife of Sir John de Wysham, knight, of all their
manors, lands, reversions and fees in cos. Sussex, Surrey and Kent with
all their appurtenances, which they lately had by her grant and enfeoffment,
to hold for life, with remainder after her death to John son of John de
Wysham, knight, and the heirs of his body, or in default of such heirs to
John de Bures, son of Sir Andrew de Bures, knight. Witnesses: Sir
Michael de Ponyngg[es], lord of Ponyngges, Sir Andrew de Bures, Sir
Andrew de Sakevill, Sir Thomas de Grey, Sir Thomas de Cornerth, knights,
Robert de Rokewode, John Saxsy, Richard Parker. Dated at Great Bures
on Saturday after Easter, 16 Edward III. |
|
Enrolment of grant by the same Michael, John and Richard to the said
Hawisia of all their manor of Little Elyngham co. Norfolk with the
advowson of the church of that town and all the wood called 'Westerhawe'
in the same county, with the fees and reversions pertaining to the manor,
which they hold by her grant and enfeoffment, to hold for life with
remainder to John son of John de Wisham, knight or the heirs of his body
or in default of such heirs to John de Bures son of Sir Andrew de Bures,
knight. [Witnesses as above. Dated as above.] |
|
Enrolment of grant by the same Michael, John and Richard, to the said
Hawisia of all their lands in Badyngham, Framelyngham and Perham co.
Suffolk with the fees and reversions, which they have by her grant and
enfeoffment, to hold for life with remainder as aforesaid. [Witnesses as
above. Dated as above.] |
|
Enrolment of grant by the said Michael, John and Richard to the same
Hawisia of all their manors, lands, reversions and fees in co. Worcester,
with the advowsons of the churches of Cherchehull and Sheldesleye in the
same county and all their appurtenances which they had by her grant and
enfeoffment, to hold for her life with remainder as aforesaid. [Witnesses
as above.] Dated at Aketon co. Suffolk on 25 July, 15 Edward III. |
|
Memorandum that Michael, John and Richard came into chancery at
Westminster on 19 April and acknowledged the four preceding charters. |
May 6. Westminster. |
John de Boudon, knight, acknowledges that he owes to William de
Boyleston, parson of Bromlegh church, 10l.; to be levied, in default of
payment, of his lands and chattels in co. Kent. |
|
Cancelled on payment. |
|
Enrolment of release by John Michel of Tendryngg to William de
Coppedok, Roger Moys and William Hullenewode of all his right and claim
in the lands which they lately acquired of him in the towns of Tendryngg
and Great Oklee. Witnesses: William le Gros, John de Bromfeld, John
de Bromlegh, John de Wyleby, Richard le Parker, Adam Waryn of
Colchester, Richard Woderoue, John Parles, John Damyon. Dated at
Tendryngg on 14 April, 16 Edward III. |
|
Memorandum that John Michel came into chancery at Westminster on
19 April and acknowledged the preceding deed. |
— |
Robert Gyen of Bristol and Lucy his wife, tenants of part of the lands
which belonged to William Greyvill, put in their place William de Stok
and John de Codyngton the younger, clerks, to defend the execution of a
recognisance for 200l. made by William in the late king's chancery, to
Richard de Rodeneye. |
— |
Master Robert de Brok and John de Greyvill, kinsman and heir of
William de Greyvill, tenants of part of the lands which belonged to
William, put in their place Philip de Alcestr[ia] and John de Grymesby,
clerks, to defend the execution of a recognisance for 200l. made by William
in chancery to Richard de Rodeneye. |
— |
Master Simon de Cherryng, parson of Egglesclif church, and William de
Derby put in their place John de Stoke and William de Sheltewode, clerks,
to prosecute the execution of a recognisance for 32l. made to them in
chancery by William Beauflour, citizen of London. |
May 6. Westminster. |
John de Bohun of Midhurst, knight, acknowledges that he owes to Robert
Daundely, knight, 200l.; to be levied, in default of payment, of his lands
and chattels in co. Sussex. |
|
Cancelled on payment. |
|
Membrane 20d. |
May 20. Westminster. |
To the sheriff of Kent. Order to cause proclamation to be made that all
men at arms, armed men and archers who wish to set out to war with the
king at his wages shall be ready with arms and other necessaries before
Midsummer next, to set out as aforesaid. By K. |
|
[Fœdera.] |
|
The like to all the sheriffs of England, except the sheriffs of York,
Northumberland, Cumberland and Westmorland. [Ibid.] |
May 4. Westminster. |
To Nicholas de Cantilupo and his fellows, justices appointed to hear and
determine certain felonies, extortions, trespasses and excesses in co. Nottingham. Order not to molest Hugh de Hercy, sometime sheriff of that
county, as John de Baston was lately indicted before those justices of divers
felonies and trespasses, and was imprisoned by Hugh, whom the king
ordered to cause John to come before him, and Hugh afterwards delivered
John by the king's order to Robert Dartoys and Ralph de Stafford to do
what should be enjoined upon him by the king, and now the king has
learned that the justices intend to pursue Hugh because he did not have
John before them on a certain day, and the king does not wish this,
especially as Hugh delivered John by his order, as aforesaid. |
|
By p.s. [14693.] |
July 3. Westminster. |
Walter de Weston, clerk, acknowledges that he owes to William de
Kelleseye, parson of Naverby church, 8l.; to be levied, in default of payment, of his lands and chattels in the city of London. |
|
Richard de Wegenholt acknowledges that he owes to Master John de
Hildesle, clerk, 4l.; to be levied etc. in co. Buckingham. |