Close Rolls, Edward III: November 1355

Calendar of Close Rolls, Edward III: Volume 10, 1354-1360. Originally published by His Majesty's Stationery Office, London, 1908.

'Close Rolls, Edward III: November 1355', in Calendar of Close Rolls, Edward III: Volume 10, 1354-1360, (London, 1908) pp. 165-178. British History Online https://www.british-history.ac.uk/cal-close-rolls/edw3/vol10/pp165-178 [accessed 19 April 2024]

November 1355



Nov. 26. Westminster.	To the keeper of the forest of Dene for the time being. Order, of the king's favour, to deliver henceforth to the church of Newland (de Nova terra), appropriated to the bishop of Llandaff, the tithe of the profit of the king's iron mine in that forest arising in the parish of that church, as at the suit of John bishop of Llandaff, showing by his petition before the late king that the tithe of all things renewing year by year ought to be given to God and to Holy Church, and that the said king received a great profit from the said mine, and praying the king to grant the church the tithe aforesaid, although it appeared by certificate of the treasurer and barons of the exchequer that such tithe had not previously been given nor any recompense in lieu thereof, the said king of his favour ordered the keeper of that forest to give the tithe aforesaid to the said church, and allowance to be made therefor at the exchequer, and though the same was paid to the said bishop and to his immediate successor, yet it is wilfully withheld from the present bishop, as he says, praying the king to order it to be paid to him. By K.
	Et erat patens.
Nov. 16. Woodstock.	To the collectors of the great custom in the port of London. Order to pay to Queen Philippa or to her attorney 837 marks 2s. 0¾d., without delay, as in consideration of her charges in the maintenance of her children, the king granted to the queen 891 marks 5s. 9¾d. to be received yearly of the petty custom in that port, so that if issues thereof did not suffice she should receive what was lacking of the issues of the great custom, and the king ordered the collectors of the petty custom to pay her 445 marks 9s. 6¾d. for Michaelmas term in the 28th year of the reign, and 891 marks 5s. 9¾d. for Easter and Michaelmas terms last, and if they could not do so to certify the king of the reason and of the amount paid to the queen of the petty custom for the said three terms, and Peter Sterre and Roger de Coloigne, deputies of John de Herlyng and William de Clopton, collectors of the petty custom in that port, have certified the king that they paid 500 marks to the queen by the hands of John Cook, her treasurer, for the said three terms and they had no more money in their hands wherewith to make payment to her, wherefore the queen has besought the king to cause the residue to be paid to her of the issues of the great custom in that port. (fn. 1)
Nov. 12. Westminster.	To Thomas de Fulnetby, escheator in the county of Lincoln. Order not to intermeddle further with the lands taken into the king's hand by the death of Simon Lopp, of Hoggesthorp, as the king has learned by inquisition taken by the escheator that Simon at his death held in his demesne as of fee a messuage, 4 acres of land, 2 acres of pasture and 2 acres of meadow in Hoggesthorp of John son and heir of Adam de Welle, tenant in chief, a minor in the king's wardship, by knight service, that John, Simon's son, his next heir and now of full age, was a minor at the time of his father's death, and that the said lands have been in the king's hand from the time of Simon's death and that answer has been made for the issues thereof at the exchequer from that time until now, and on 27 August last the said John son of Adam proved his age and received respite for his homage for the lands of his inheritance and the king rendered those lands to him.
Dec. 6. Westminster.	To the collectors of the custom of. wool, hides and woolfells in the port of London. Order to pay to Katherine daughter of William Duc of Brussels and to Henry Estor, her son, or to their attorney 100l. for the terms of the Purification and Midsummer last, in accordance with the king's grant to them for their homage of 100l. to be received yearly for their lives of the issues of the customs in that port.
Dec. 6. Westminster.	To Richard de Thoresby, keeper of the hanaper of chancery. Order to pay to John de Tamworth, clerk of the crown of chancery, 10l. for Michaelmas term last, in accordance with the king's grant to him for his good service in chancery of 20l. to be received yearly for life by the hands of the keeper of the hanaper.
	Membrane 5.
Oct. 16. Westminster.	To the treasurer and barons of the exchequer. Michael bishop of London has shown the king that although he holds, as all his predecessors have done, the manor of Storteford and all the other manors and lands pertaining to the bishopric of London, by the service of five fees, and his predecessors have done their services for five fees in the time of Edward I, the late and other kings, in all armies of Scotland and Wales or made fines for those services by reason of the temporalities of the bishopric and of the church of St. Paul, London, and have paid aids for five fees towards making the eldest sons of those kings knights and marrying their eldest daughters, for the manors and lands which the bishops then held and now hold in demesne, as may fully appear by the rolls and memoranda of the exchequer, yet the treasurer and barons distrain the bishop to pay divers sums of money for the aid to make the king's eldest son a knight, by reason of his said manors and lands, beyond what falls to him for five fees, whereupon he has besought the king to provide a remedy: order to search the rolls and memoranda of the exchequer, and if they find thereby or by inquisition that the premises contain the truth, then to supersede the demand made upon the bishop for any sums beyond the five fees for that aid, provided that those holding knights' fees of the bishop, and the bishop himself if he has since acquired any fee or part of a fee, shall pay what falls to them for those fees.
Nov. 28. Westminster.	To John de Coupeland, escheator in Northumberland. Order to assign dower to Alina late the wife of Robert du Maners, tenant in chief, of all the lands which belonged to her husband at his death, taking her oath that she will not marry without the king's licence.
Nov. 20. Westminster.	To Richard de Thoresby, keeper of the hanaper of chancery. Order to pay to John, archbishop of York, the chancellor, 10l. which he has paid for cloth and sendal for the livery of the king's clerks of chancery, for the last summer season, beyond the customary fee, on account of the unusual dearness of cloth and sendal. By K.
Nov. 3. Woodstock.	To Henry Picard, the king's butler, or to him who supplies his place in the port of Bristol. Order to deliver to Giles de Bello Campo what is in arrear to him of two tuns of wine yearly, the king's right prise for that wine being paid first, as on 26 January in the 22nd year of the reign the king granted to Giles to have two tuns of wine yearly for life in the port of Bristol, paying the king's right prises therefor. (fn. 2)
Nov. 6. Woodstock.	To William de Threlkeld, escheator in Cumberland. Order to assign to Richard de Beaulieu and to Margaret his wife, late the wife of John de Egglesfeld, tenant in chief, Margaret's dower of all the lands which belonged to John at his death, as the king has pardoned Richard and Margaret their trespass in marrying without his licence.
Nov. 10. Woodstock.	To John de Sancto Laudo, escheator in Devon. Order to cause William Latymer and Margaret his wife, daughter and heir of John Maury, tenant in chief, to have seisin of all the lands whereof John was seised at his death in his demesne as of fee, as Margaret has proved her age before the escheator, and the king has taken William's fealty for all the lands which John held in chief and has rendered them to him.
Nov. 10. Woodstock.	To John de Harwedon, escheator in the county of Cambridge. Order to deliver to James Dautre, the king's yeoman, lands in Balsham and Wrottyng called 'Oxecroft,' taken into the king's hand by the death of John de Aspale, as on 1 February in the 15th year of the reign the king granted that the said lands which John held for life of the king's grant, with reversion to the king, extended at 10l. 4s. yearly, as was found by the extent thereof made by William Talemache, then escheator in the counties of Norfolk, Suffolk, Cambridge, Huntingdon, Essex, and Hertford, should remain to James and his heirs, and John is now dead, as is found by inquisition.
Nov. 11. —	To Henry Picard, the king's butler. Order to cause 160 tuns of wine to be bought and purveyed without delay and to be sent to the town of Calais for the furnishing thereof, and delivered by indenture to John de Middelton, receiver of the king's victuals there. By K.
Nov. 23. Westminster.	To Richard de la Bere, escheator in the county of Hereford. Order to take the fealty of Juliana late the wife of John Talbot of Richard's Castle, in accordance with the form of a schedule enclosed, and not to intermeddle further with Richard's Castle with appurtenances, the advowson of the church there and the manor of Blethewagh in the cantred of Meleneth with appurtenances, which are held in chief, delivering to her the issues thereof from the time of John's death, as the king has learned by inquisition taken by the escheator that John at his death held the premises jointly with Juliana, to themselves and the heirs of their bodies, by a fine levied in the king's court. (fn. 3)
	To Leo de Perton, escheator in the county of Worcester. Like order not to intermeddle further with the manors of Coterugge and Wychebaut and a moiety of the manors of Karledone and Houme, as the king has learned by inquisition taken by the escheator that John Talbot of Richard's Castle, at his death, held the said manors and moiety which are held in chief, jointly, etc. as above, and the king has ordered the escheator in the county of Hereford to take Juliana's fealty.
	To Hugh fitz Symon, escheator in Essex. Like order not to intermeddle further with the manor of Wodham and the manor of Hobrugge in Witham, as the king has learned by inquisition taken by the escheator that John Talbot of Richard's Castle at his death held the said manors jointly, etc. as above, and that the manors were held of another than the king.
	Membrane 4.
	Enrolment of pleas in chancery at Westminster on the morrow of the Purification 29 Edward III. The king ordered the sheriff of Northumberland by writ dated Westminster, 24 October in the 28th year of the reign, to notify John de Monte Acuto, knight, now tenant of the castle and manor of Werk upon Tweed, to be in chancery on the morrow of the Purification following to show cause why the said castle and manor should not be taken into the king's hand and delivered to Gerard Salvayn, son and heir of Margaret, wife of John Salvayn, daughter and one of the heirs of Robert de Ros of Werk, a Scot and rebel against Edward I, and further to do and receive what the king's court should determine, as among certain conditions which King Edward I with the assent of the earls, barons and other lieges then with him in Scotland, granted to John Comyn of Badenagh for himself and the men of Scotland then in war against that king, he granted that John and the said men should be safe in life and limb and quit of imprisonment, that they should not be disinherited, that their heirs then under age should enjoy the same conditions, and John Salvayn aforesaid and John de Knokkes, who married Isabel, younger daughter and the other heir of the said Robert, often approached the late king and asserted that Margaret and Isabel were under age at the time of the said grant, and ought to enjoy the said conditions, and petitioned the late king that the lands which belonged to Robert might be restored to them in accordance with those conditions, offering to that king the homage and fealty due, and he, seeing that Margaret and Isabel, who were born and baptised in Scotland and had proved their ages before William de Bevercotes, the chancellor in Scotland, were minors at the time of the grant, took the homage of John Salvayn for the purparty falling to Margaret of all the lands which Robert held of Edward I in chief on the day when he joined that king's enemies in Scotland, and rendered that purparty to John and Margaret, wherefore on 20 February in the 7th year of his reign the late king ordered John de Ever, escheator beyond Trent, to make a legal partition of all the said lands in the presence of the heirs and parceners, if they chose to attend, into two equal parts, and to cause John Salvayn and Margaret as the eldest to have seisin of the purparty falling to her, retaining in the king's hand until further order the purparty falling to John de Knokkes and Isabel, and Gerard son of Margaret, his mother, having survived Isabel who died without an heir of her body, it is said, petitioned the king to order the said castle and manor to be delivered to him, as the said castle and manor, which Robert held when he joined the Scots, were parcel of the said inheritance and were taken into the then king's hand by reason of the said defection, and John Salvayn, Margaret and Isabel died before the said partition was made, and the castle and manor had not hitherto been delivered to John Salvayn, Margaret and Isabel, or to any of their heirs; and on the said day the sheriff of Northumberland returned that he had notified the said John de Monte Acuto to be in chancery to show cause etc. as aforesaid, by Robert del Milne and Henry son of John de Werk, and that day both Gerard and John came in person, and Gerard, to maintain his writ and suit, proffers the said conditions of peace now exemplified under the great seal in these words:—
	Forma pacis Scocie in adventu Johannis Comyn et aliorum. Ces sont les choses accordez entre monsieur Richard de Burgh counte Dulvestre, monsieur Eymer de Valence, seigneur de Montynak, monsieur Henry de Percy, chivaler, et Johan de Bensted, clerc, pour notre sire Edward par la grace de dieu Roi dengleterre, seigneur dirlande et ducs Daquitayne dune part et monsieur Johan Comyn de Badenagh pour lui et pour touz ses eidantz descoce auxibien ceux qi sont la outre come ceux qi sont pardecea dautre, les queux choses les avantditz conte Eymer, Henry et Johan de Benstede en noun du dit Roi et lavantdit Johan Comyn ensemblement ove monsieur Esmon Comyn de Kilbrid, monsieur Johan de Graham, monsieur Johan de Vaux, monsieur Godefrey de Ros, monsieur Johan de Maxewelle, leisne, monsieur Piers de Prendregest, monsieur Wauter de Berkeleye de Kerdaan, monsieur Hugh de Erth, monsieur William de Erth, monsieur James de Ros, et monsieur Wauter de Rothevan chivalers pour eux et pour touz leur eidantz Descoce que a la pees et a la foi du dit Roi voudrent estre, ont jurez a tener et a garder loiaument. Primerement est accordez que toute manere des gentz descoce qi ove le dit Johan Comyn vendrent a la pees notre seigneur le Roi avantdit, forsprises aucunes persones qi sont cy apres nomez, soient receuz as condicions qi sensuent, cestassavoir qe sauvez leur soient vie et membre, qils soient quites denprisonement et qils ne soient desheritez issint qe de leur raunceon et des amendes des trespas qils ont faitz soulement a notre seigneur le Roi, et del establissement de la terre descoce ils estoisent as ordinances; et est entenduz qe les enfantz qe sont deinz age deivent joir de meismes ses condicions quant a sauvement de vie et de membre et quant a quitance denprisonement et desheritance, et esterront de leur raunceon et de totes autres choses a ce que notre seigneur le Roi en ordeinera a son proschein parlement, et demorront totes les fermetez qe sont ore endroit en la mayn notre seigneur le Roi et des soens en la tenance qil sont or jesqes meisme le parlement, sique le dit Roi en ordeigne sa volente a celle heure, sauve daucuns qi demorrent plus longement en sa main sicome il est dessusdit, et ce doit faire la garde des ditz fermetez parmy le choses qi ysont appurtenantz ou en autre manere covenable as custages de ceux as queux elles serront rendues, et devient ensement les prises de guerre estre delivres dune part et dautre forspris monsieur Herbert de Morham et son piere, et tut aussint se deivent deliverer touz ceux qi sont en hostage pour raunceon des gentz du dit Roi qont este pris par les gentz descoce, en tieu manere qe ce paie est de meisme la raunceon paiez soit sanz plus et quant a ce qen est ariere deivent les hostages et touz ceux pour qi ils feurent liverez estre de tout en tout quites et delivres dune part et dautre les persones forsprises sicome est dessus dit, sont Robert evesque de Glasgu, monsieur James seneschal descoce, monsieur Johan de Soules, monsieur David de Graham, monsieur Alisandre de Lyndeseye, monsieur Simond Fraser, Thomas de Boys et Monsieur William le Waleis, dont il est acorde qe meisme levesque come de son corps et de sa temporaute et le dil seneschal et monsieur Johan de Soules soient as condicions de ceux de Comyn sicome est desus dit et outre ce tiegnent exil par deux aunz hors descoce et pardela Trente, et demoergent les chastelx du dit seneschal en la mayn notre seigneur le Roi durant lexil et se face la garde as costages de meisme le seneschal en la manere desusdit; endroit de monsieur David de Graham et monsieur Alisandre de Lyndeseye acorde est qils soient aussint as condicions de ceux de Comyn sicome est avantdit et outre ce tiegnent exil hors descoce pardemy an, cestassaver le dit David dela leawe de Twede et le dit Alisandre pardela Trente, et quant a monsieur Simond Fraser et Thomas du Bois est acorde qils soient ensement as condicions de ceux de Comyn sicome est desusdit et outre ce tiegnent exil par trois ans de la seignurie notre seigneur le Roi avantdit et hors de poair le Roi de Fraunce, aussint sils ne puissent autre grace trover en le meen temps; et quant a monsiur William de Galeis est acorde qil se mette en la volente et en la grace notre seigneur le Roi si lui semble qe bon soit; deirechief est acorde qe les evesques de Seint Andreu et de Dunkeldyn et le counte de Boghan, le seneschal descoce, monsieur John de Soules, monsieur Ingelram de Umframvill et les autres gentz Descose qi sont la outre viegnent a la pees notre seigneur le Roi avantdit dedeinz la quinzeme de ceste Pasque proschein si leur semble qe bon soit, et soient receu en la forme desusdit, chescun solonc sa condicion et selonc son estat; dautre part lavantdit Johan Comyn doit estre a notre seigneur le Roi a Dunfermelyn yce proschein dymeigne ensemblement ove touz ceux de son acord qi lors y pourront estre pour faire leur homages et leur foiautes sicome il affiert, et ceux qi ne pourront estre a celle heure pour certein essoigne deivent venir apres par sufficeant conduit a plus tost qils pourront pour obeier et pour estre receu en la forme avantdite, et fait assaver qe les avantditz counte Dulvestre, Eymer, Henry et Johan de Benstede ount promys en bone foi qils mettront leur loiale peine envers notre seigneur le Roi avantdit qil voille par ses lettres overtes ratefier cest acord en touz pointz quele heure qe le dit Johan Comyn et les autres qi ove lui vendront sicome est avantdit, averont fait leur homages et serementz de foiaute en due manere, en tesmoignance de queux choses est ceste endenture faite dont lune partie demoert devers le dit notre seigneur le Roi sealee du seal au dit monsieur Johan Comyn et de monsieur Esmon Comyn, monsieur Johan de Graham et de monsieur Johan de Vaus, et lautre devers meisme celui monsieur Johan Comyn seale des sealx as ditz counte Dulvestre, Eymer, Henry et Johan de Benstede. Done a Strathorde le noefisme jour de Fevrier lan du regne notre seigneur le Roi avantdit trentisme second. [Rot. Parl. I,p. 212.]
	Item alia ordinacio pacis dicte terre Scocie facta postea apud Westmonasterium. Edward par la grace de dieu Roi dengleterre, seigneur dirlande et ducs daquitayne a tous ceux qi cestes presentes lettres verront ou orront, saluz: A perpetuele memoire des choses souzescriptes par cestes presentes lettres vous fesons assavoir qe come les gentz de notre terre Descoce apres ce qils feurent a notre homage et ligeance et liez a nous par serment de foiaute et par escript, et en autre manere tant efforciblement come nous et notre conseil savions ordiner et charger se relevassent contre nous par mauveis conseil et meussent guerre en fesantz roberies, arsons, homicides, felonies et pluseurs autres maux et damages a leur poair en notre dite terre descoce et aussi en partie en Engleterre contre leur homages foiautes et ligeances avantdites, et puis pluseurs de eux revenissent a notre foi et a notre obeissance et feassent receuz a notre pees et a notre volente et des darreins Johan Comyn, sieur de Badenagh, chivaler, et les autres qi a celle heure ove lui tyndrent venissent aussint et feussent receuz a notre pees et a notre foi en manere qen droit de leur ranceons et des amendes de trespas et doutrages soulement faitz a nous et del establissement de la terre descoce esteussent a notre ordinance et a notre volente, nous ja soit qe les despitz, trespas, outrages et desobeissances qe les dites gentz de notre terre descoce nous out faitz soient si grantz et tant a charger par reson qils ne purront a nul temps de ce faire sufficeantes amendes ne due satisfaction sicome eux meismes sont bien reconissantz et tout ne voillions sicome nous ne devons tieux despitz, trespas, outrages, et desobeissances soeffrir a passer sanz aucun punissement, nemye pour ce nous eantz regard a ce qe les gentz de notre dite terre descoce se sont bien et loiaument portez devers nous puis notre darrein partir de celles parties et pour lesperance qe nous avons de leur bon port et de leur bon service en temps avenir veulliantz a eux faire grace especiale leur avons grante et grantons qe sauvez leur soient vie et membre et qintes soient demprisonement et de desheriteison sauvez totes voies a nous les terres, tenementz et les fies qe Johan de Bailliol jadis Roi descoce dona et aliena de les demeines apurtenantz a la roiaute descoce, a faire de cy notre pleisir, et pardonons et relessons as gentz de lavantdite notre terre Descoce qi sont renuz et receuz a notre pees et a notre foi trespas a nous faitz corrouz, rancour et tote manere de male veilliance qe nous avons vers eux, ensi totes voies qils soient tenuz a paier ce qe par nous et notre conseil est ordine selonc notre dit et notre pronunciacion qi sensuent en ceste forme: adeprimes nous dions et pronuncions qe le susditz Johan Comyn et les autres qi ove lui vindrent a notre pees et a notre foi parmy les covenantz qe leur feurent grantez paient pour raunceon et pour amendes de trespas par eux faitez la value de leur terres et de leur rentes de trois aunz al overaigne des novelx chastelx qe nous feissons faire en la dite terre descoce pour seurte de meisme la terre et sauvacion de la pees ou a mettre en autre oeps sicome nous verrons qe soit affaire: et avons aussi pardonez et pardonons au dit Johan Comyn et a David de Graham lexil et la demoere qils deivent faire et tenir hors descoce parmy les covenances avantditz: derechief selonc ce qe par nous et notre conseil est ordeine dions et pronuncions qe les gentz descoce qi vindrent a notre pees et a notre foi avant ce qe le dit Johan vint et fut receu a la dite pees, paient la value de leur terres et de rentes de deux aunz en la forme avantdite, sauve ceux qi purront moustrer qils en deivent estre quites par notre grant et fait especial; derechief nous dions et pronuncions qe Adam de Gourdon, chivaler, endroit de sa raunceon et des amendes de trespas soit de la condicion Johan Comyn avantdit, cest assaver a paier la value de ses terres et de ses rentes de trois aunz en la manere desus dit; derechief nous dions et pronuncions qe Simon Fraser, chivaler, endroit de sa raunceon et des amendes de trespas soit de meisme la condicion, cest assaver a paier la value de ses terres et de ses rentes de trois aunz en la forme qe dit est; derechef nous dions et pronuncions qe evesques, abbes, priours et autres du clergie de notre dite terre descoce sauve levesque de Glasgu paient pour raunceon et pour amendes de trespas en la dite forme la value de leur terres et de leur rentes dun an, sauve ceux qe purront moustrer par fait especial ou en autre manere qils deivent estre quites; et le dit evesque de Glasgu endroit de sa ranceon et des amendes de trespas doit estre de la condicion le dit Johan Comyn, cest assavoir a paier en la forme qe dit est la value de ses terres et de ses rentes de trois aunz et a meisme levesque avons pardonez lexil et la demoere qil devoit faire et tenir hors descoce parmy les covenances qe grantez lui feurent quant il vint darreinement a notre pees et a notre foi; derechef quant a Ingelram de Umframvill, William Baillol et Johan Wichard, chivalers, qi poi de temps devant qe ces lettres feurent faites vindrent a notre pees et a notre volente, dions et pronuncions qe le dit Ingelram paie en la dite forme pour sa raunceon et pour amendes de trespas la value de ses terres et de ses rentes de cynk aunz, et qe meismes ceux William de Baillol et Johan Wichard paient pour meisme la chose en la susdite forme la value de leur terres et de leur rentes de quatre aunz; derechief dions et pronuncions qe Hugh de Ardrossan, Johan de Gourleye, Johan le Naper et Johan Malkilgorgny qi sont de menage les avantditz Ingelram et William et Johan qi a notre pees et a notre volente sont venuz, paient pour leur raunceon et pour amendes des trespas la value de leur terres et de leur rentes de trois aunz; derechief endroit du temps de la manere et des termes du paiement qe se doit faire pour les raunceons et amendes des trespas avant nomez, dions et pronuncions et volons qe notre lieutenant en la dite notre terre descoce et de notre chamberlein de meisme la terre quant ils seront illoeqes venuz facent estendre totes les terres de touz ceux qi raunceon deivent paier en bone manere et resonable selonc ce qe les terres vaudrent al heure qils les estendront, et selonc celles estentes faites soit de cel heure enavant commence affaire lever ce qe afferra a chescun selonc sa condicion et son estat, cest assaver qe ceux qen raunceon et en amendes de trespas soient tenuz parmy lordinance qe nous avons fait, dit et pronuncie en la forme avantdite, paient par an as termes usueles celles parties la meite de la value de leur terres et de leur rentes selonc les dites estentes et ensi dan en an tanqe parpaiez soit ce qe a eux appurtient selonc lordinance et la proclamation avantdites et lautre moite de la value de leur terres et de leur rentes a eux remeigne et pour leur sustenance; et fait assaver qe notre entencion ne notre volente nest mye qe le dit et la pronunciacion qe nons avons fait en la forme susdite se estendent ou puissent estre estenduz ou entendues endroit de celles persones descoce qi sont en notre prison nendroit des autres qi ne sont uuqore venuz ne receuz a notre pees ne a notre foi. En tesmoignance de queux choses nous avons fait faire cestes nos lettres overtes. Done a Westmonster le xv jour doctobre lan de notre regne trentisme tiercz. [Fœdera, I, 974.]
	And the said John says that the said exemplification exhibited by Gerard contains an ordinance made by the said earl of Ulster and other magnates of England at Strathorde, and another ordinance made at Westminster by Edward I and this writ is founded upon one ordinance and upon the other, and also upon the partition, rendering and livery of the inheritance which belonged to Robert de Roos between Margaret and Isabel, and so the writ is so uncertain and founded upon so many and divers matters that he cannot have his certain answer as is lawful, wherefore he craves judgment concerning the writ; and if it seems to the court that the writ is sufficient, he is ready to say other things: and he was told by the court to answer further if he saw fit, saving to him that challenge, and upon this John says that whereas Gerard supposes by his writ that Robert de Roos, his ancestor, was a Scot, and therefore ought to enjoy the condition and ordinance aforesaid, Robert was a pure Englishman, born at Werk in the said county, in the allegiance of the king of England, that as to the allegation in the writ that the ordinance extends to the heirs under age nothing is found thereof in the affirmation made by the king; he also says that Robert was seised of the said castle and manor in his demesne as of fee and was an Englishman and liegeman of Edward I long before the beginning of the said war upon which the peace aforesaid was drawn up, to which war alone the said ordinance and grant extend, and he eloigned himself from the king, contrary to his homage and allegiance, joined the Scots as an enemy to the king and a felon and traitor and so died, without that that he ever came to the king's peace or was reconciled, and so he forfeited to the king all his lands, goods and chattels, by reason of which forfeiture the said castle, manor and other lands of Robert were seised into that king's hand, and that king was seised thereof until the 24th year of his reign, at which time he granted the castle and manor by charter to William de Res of Hamelak, who continued in seisin thereof until the 33rd year of that reign; and he says that in the said king's parliament, held at Westminster on the octaves of the Nativity of the Virgin in that year, the said John Salveyn and Margery, whose son and heir Gerard alleges himself to be, and Isabel, as Robert's daughters and heirs, by means of whom Gerard now claims, sued to the said king by their petition founded upon the ordinance and grant aforesaid, praying him that they might enjoy the said ordinance and grant in regard to the lands which their said father held at the beginning of the said war, into which parliament came William de Roos of Hamelak, then tenant of the said manor of the king's gift, being warned thereupon, and said for himself and the king that John, Margaret and Isabel could claim nothing therein by the mean of Robert as his heirs and ought not to be heard thereupon, for that they then sued for the said tenements as in the right of Margaret and Isabel as Robert's heirs by reason of an ordinance granted by Edward I to those men of Scotland who were admitted to his peace in the last war, and by those words, to wit, that they should not be disinherited, and they also craved to enjoy that ordinance with respect to the lands which Robert held in England and in Scotland at the beginning of that war, to which William de Ros said that John, Margaret and Isabel ought in no wise to be admitted, for that long before the beginning of the war, to which the ordinance extends, Robert became the king's enemy, joining the Scots, and so forfeited all his lands to the king, and he never returned to the king's peace, but died a felon and traitor, wherefore the king seized his lands and afterwards gave the manor of Werk to William, and he offered to verify this if necessary, and craved judgment both for the king and for himself; and in the said parliament, after diligent examination it was recorded that Robert de Ros, long before the beginning of that war, traitorously eloigned himself from the king, joining the Scots, that he never returned to the king's peace but died an enemy, and after viewing the said ordinance, it seemed to the said king and his council that John, Margaret and Isabel ought not to be heard in their suit by reason of that ordinance, wherefore it was decided by judgment rendered in that parliament that William de Ros should go thereupon without a day, and that John, Margaret and Isabel should take nothing by their suit, and he produces the tenor of that record and process under the great seal of the said king in the following words [text follows]; and he says further that William de Roos continued his seisin by virtue of that judgment during the whole of that king's life, and also after his death until the tenth year of the late king's reign, in which he died seised of the castle and manor in his demesne as of fee, and after his death William his son and heir entered the same and was seised thereof until the 11th year of that reign, when he granted the manor and castle to the king to hold for ever, without that that the king or any other save only William de Ros and William his son had anything therein from the time of the grant to William to the time of that enfeoffment, and the said king continued his seisin thereof for his life and died seised thereof, whereby the castle and manor descended to the present king who, with the assent of the prelates, earls, barons and other magnates of England granted the said manor to William de Monte Acuto, with all its appurtenances and all the other lands within its liberty, to hold for his life, and afterwards, by other letters patent, seeing that the castle in the said manor was ruined and broken and that William must incur great expenses in repairing it, because it was situate in the march near Scotland and needed great furnishing for the defence of the manor and lands and of the people of the adjacent parts, the king, on 2 August in the 7th year of the reign, granted that William should have the said castle, manor and lands for life by the service of one knight's fee for all service, with remainder to John and the heirs of his body, or in default of such heirs to the right heirs of William; and he produces the king's letters patent testifying the premises, and says that the said William de Monte Acuto died, and after his death he entered the castle and manor by virtue of that gift and now holds them; he also says that Margaret and Isabel, after the death of John Salveyn and John de Knokkes, their husbands, joined the king's enemies in Scotland and there married Scotsmen the king's enemies, and had issue, and certain of that issue came with the Scots the king's enemies to Durem in England and were there killed in battle with other enemies, wherefore he craves judgment by reason of the premises and of the judgment rendered as aforesaid which has never been annulled, either by the said ordinance or by any other cause, and he craves that Gerard may be non-suited and that he may depart from the court quit and without a day; and Gerard says that where John de Monte Acuto alleges among other things that Robert de Ros was born in England and so the pardon granted to the Scots could not extend to him, and also John alleged that Margaret, Gerard's mother, and Isabel, his aunt, after the death of John Salveyn and John Knokkes, joined the Scots, and that Isabel had issue who came to Durham and were killed there, and also that William de Ros of Hamelak and William his son continued their estate in the castle and manor long after the said agreement, Gerard does not acknowledge the premises as true, but says that if John de Monte Acuto had taken those allegations, or any of the premises which could be gainsaid, for a plea to bar
	[Membrane 2.]
	his right of action, he would be ready to prove the contrary in what way the court might determine, but for that John has pleaded only the judgment rendered in parliament, Gerard (protesting that all the premises alleged against him are not true) says that he is by law discharged from answering, for at the time of the rendering of the aforesaid judgment the said agreement, upon which alone he bases his suit, was not made, for the judgment, as appears by the exemplification, was rendered on the octaves of the Nativity of the Virgin, 33 Edward I, at which date Margaret and Isabel had no cause of action, for that no pardon was made to reinstate those who had been disinherited by virtue of their adherence, but only a conference had taken place between the magnates of England and John Comyn of Badenagh, by which it was ordained that John Comyn and his adherents should be admitted to the king's peace, but afterwards, on 15 October in the said 33rd year, the said king established a peace between England and Scotland, reciting how the people of Scotland were one time at his peace, and at his allegiance by homage and other obligations, as he by his council might ordain, and how afterwards they frequently rose against his homage and allegiance, and some returned to his peace and among the last John Comyn of Badenagh and all his other adherents, and the king, in consideration of the good conduct of the men of Scotland after his last departure from those parts, and in hope of future good behaviour, granted that his men of Scotland generally should be quit of life and members, imprisonment and disherison, and pardoned all except those still in prison, even those who had not hitherto surrendered to his peace, and Margaret and Isabel were not among those excepted, because after Robert's death, who was born in Scotland, they were under age, as appears by the proof of their age made in the late king's time, when John Salveyn, by virtue of the said ordinance, sued the said king offering his homage, craving that his wife's purparty might be delivered to him, and that king received the homage of John Salveyn for Margaret's purparty by virtue of the ordinance, and ordered that purparty to be delivered to him, retaining in the king's hand the purparty which fell to Isabel, wherefore Gerard craves judgment as at the time of the judgment whereby Margaret and Isabel were barred from action such action did not pertain to them because the said pardon was not then made, but the ordinance and general pardon was made afterwards and so the title accrued to them after the judgment; Gerard also says that the said agreement and pardon is found in the rolls of the parliament of Edward I held at Carlisle in the 35th year of his reign, and so it is proved that the general pardon was affirmed with the assent of the king, the magnates and commonalty of the realm, because nothing may be enrolled in the parliament rolls except what is agreed to by the king, peers and commonalty, wherefore he craves judgment and proffers a transcript of the enrolment of the said parliament under the exchequer seal, which testifies the premises; and John de Montagu says that because Gerard does not deny that Robert de Ros of Werk, his ancestor, joined the Scots long before the war upon which the said pardon was made, whereby he forfeited all his lands to the king, and never returned or was reconciled, and by reason of that forfeiture the king was seised of the said castle and manor and gave them to William de Ros of Hamelak as aforesaid, against whom John Salvayn and Margaret his wife, Gerard's ancestors, sued together with John de Knokkes and Isabel, by their petition in parliament, and William de Ros, then holding the castle and manor, came into the said parliament, and alleged as recorded above, and he departed quit by the judgment of parliament and his estate was confirmed by that judgment, and John and Margaret, John and Isabel took nothing by that judgment, and Gerard does not deny the continuance of the seisin of William de Ros and of William his son nor that the late king nor any other had nothing therein until the said feoffment, and the judgment still remains in force, and he alleges nothing except the pardon made to the men o. Scotland which cannot extend to Robert de Ros, who died long before without the allegiance of Edward I, and also shows nothing whereby he can exact any inheritance of lands in England because the said pardon, even though it could avail him, can only extend to lands in Scotland, and as regards the receiving of homage by Edward I, that was only done by false suggestion and by inquisition of office, and it does not lie with Gerard to allege that his present suit was founded on an ordinance after the rendering of judgment in the said parliament, because his said ancestors alleged the same ordinance to have been before the judgment of parliament, and the ordinance and pardon cannot be understood except for one and the same war and upon one and the same matter, he craves judgment as before; and the record and process aforesaid and the reasons alleged by the parties having been diligently examined by the chancellor and treasurer, the justices of both Benches and all the king's council, a day was given to the parties on the quinzaine of Easter following to hear judgment upon the plea, on which day John came before the chancellor and all the council and craved judgment, and Gerard, being solemnly exacted, did not pursue, wherefore it was considered that John should go thereof without a day.
	Enrolment of pleas at Westminster on the quinzaine of Easter 29 Edward III. The king by a writ dated at Westminster on 20 February in the 29th year of the reign, ordered Queen Philippa or her bailiffs of Tyndale to notify Gerard Salvayn and all others of that liberty who hold lands which belonged to Robert de Ros of Werk, on the day when he joined the Scots against Edward I, to be in chancery on the quinzaine of Easter following to show cause why all those lands should not be taken into the king's hand by reason of Robert's treason and forfeiture and further to do and receive what the king's court should determine, as John Salvayn and Margaret his wife and Isabel, Margaret's sister, Robert's daughters and heirs, petitioned Edward I in parliament at Westminster in the 33rd year of his reign to restore to them Robert's lands in England and Scotland in accordance with the ordinance made in favour of the Scots who should come to the king's peace, and after a discussion upon the matter by that king and his council it was expressly recorded that Robert joined the Scots long before the beginning of the last war in Scotland and never thereafter returned to the king's peace, wherefore it seemed to the king and council that the said demandants should not be heard in their petition, and it was agreed that they should take nothing by their petition, and now the king has learned that several lands of Robert's inheritance which ought to escheat to the king by reason of Robert's treason, are in the hands of Gerard and some others; and on the said day came John de Gaunt, who sues for the king, and the bailiff of the liberty of Tyndale returned that he notified Gerard, tenant of the manor of Belestre and of the town of Plemmelore in that liberty, which belonged to Robert at the time of joining the Scots, to be in chancery on the said quinzaine to show cause why the said manor and town should not be taken into the king's hand as aforesaid and further to do and receive etc., by William de Thorngrafton and John de Walton, and that there were no other tenants of other lands which belonged to Robert, of whom he was aware, and on the said quinzaine Gerard came in person, and John de Gaunt for the king proffers the record and process of the aforesaid judgment given in parliament, now exemplified under the great seal, in the following words [text follows] dated at Westminster on the 13 November, 28 Edward III, and he craves for the king that the said manor and town may be seised into the king's hand by reason of Robert's forfeiture; and Gerard says that the said manor and town ought not to be so seised or confiscated, for that Edward I, when in Scotland, granted with the assent of the earls, barons and other lieges there to John Comyn of Badenagh that he and the men of Scotland with him should be safe in life and members, should be quit of imprisonment, and should not be disinherited, and that their heirs under age should enjoy the like conditions, and he says that afterwards John Salvayn and Margaret his wife, eldest daughter of Robert and mother of Gerard, and John de Knokkes and Isabel his wife, Robert's second daughter, sued to the late king, asserting that at the time of the said grant they were under age and ought to enjoy the said conditions, and they craved restitution of Robert's lands from the king, and offered the homage and fealty due therefor, and afterwards the said king was certified by William de Bevercotes, then his chancellor in Scotland, that Margaret and Isabel were born and baptized in Scotland and had proved their ages before him, and the king took the homage of John Salvayn for the purparty falling to Margaret of the lands which Robert held in chief, and rendered that purparty to John and Margaret, and on 20 February in the 7th year of his reign that king ordered John de Evere, escheator beyond Trent, to make a partition, and cause John and Margaret to have seisin of that purparty, retaining in the king's hand until further order the purparty falling to John de Knokkes and Isabel, and he says that the manor and town aforesaid were in that manner delivered to John and Margaret with other lands, and he is seised thereof as their son and heir, and whereas by the writ of scire facias it is supposed that John and Margaret sued with John de Knokkes and Isabel at another time in the parliament of Edward I in the 33rd year of his reign, that they might use and enjoy the said ordinance as regards the lands which Robert held in England and Scotland at the beginning of the war, he says that the suit and judgment ought not to prejudice them, for at the time of the judgment the said agreement of peace was not made, and by the exemplification it is clear that it was rendered on the octaves of the Nativity of the Virgin, 33 Edward I, whereas the agreement of peace was made on 15 October in that year, and afterwards Edward I granted that all who rendered themselves to his peace, except those in his prison, should be quit of life and members and not be disinherited, and Margaret and Isabel were not among those excepted, and Gerard says that his right accrued ex post facto, to wit by the ordinance and pardon aforesaid, which are found enrolled in the rolls of parliament, 35 Edward I, of which enrolment he proffers a transcript, wherefor he craves judgment; and John de Gaunt for the king says that whereas John Salvayn, Margaret and Isabel, whose heir Gerard alleges himself to be, founded their right upon Robert, who was a traitor who never returned to the king's peace, and were disinherited by judgment of parliament, which judgment remains in force and was not annulled by the said ordinance or by any other cause, and that ordinance does not extend to lands in England or to Englishmen, and Gerard alleges nothing except a pardon to Scots, which cannot extend to Robert, who was a pure Englishman and died long before out of the king's allegiance, and it does not lie with Gerard to allege that the said judgment was made before the ordinance because his ancestors by their said petition and suit supposed the contrary, to wit, that the ordinance was made before the judgment of parliament, and Gerard also alleges for himself the receipt of homage by the king, which is worth nothing to him and cannot now prejudice the king because the receipt of that homage was only done under false suggestion and by inquisition of office, he craves judgment for the king; and the record and process and the allegations of the parties aforesaid having been diligently examined by the chancellor, treasurer, justices of both Benches and all the king's council, it seems to them that notwithstanding Gerard's allegations the king has right to have execution of the said manor and town as confiscate by Robert's forfeiture as his writ supposes, and it is determined that the king shall have execution thereof against him.