Close Rolls, Edward III: May 1342

Calendar of Close Rolls, Edward III: Volume 6, 1341-1343. Originally published by His Majesty's Stationery Office, London, 1902.

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'Close Rolls, Edward III: May 1342', in Calendar of Close Rolls, Edward III: Volume 6, 1341-1343, (London, 1902) pp. 521-527. British History Online https://www.british-history.ac.uk/cal-close-rolls/edw3/vol6/pp521-527 [accessed 25 March 2024]

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May 1342

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.