Edward I: Hilary 1301

1301 Hilary

Introduction Hilary 1301

Lincoln

Hilary parliament (January-February/March)

The parliament summoned to Lincoln in January 1301 was intended to deal with several urgent matters. Edward I needed money. He had attempted to secure a subsidy at the Lent parliament of 1300 at Westminster but was apparently told that he would not obtain one until he had met the demands of his subjects for the enforcement of the Charters and the perambulation of the forests. (fn. foot-1301h-1) Preliminary steps were taken while that parliament was still in session to ensure the appointment of the county commissioners for the enforcement of the Charters, as conceded in c. 1 of Articuli super Cartas at that same parliament, (fn. foot-1301h-2) and a general perambulation of the forest was also authorised on 1 April 1300, towards the end of that parliament. (fn. foot-1301h-3) The king was therefore evidently hopeful that a further meeting of parliament might now grant him the subsidy he required and in the opening speech to parliament, made on his behalf by Roger Brabazon, the chief justice of King's Bench, he seems to have requested not the twentieth he had requested in 1300, but a fifteenth. (fn. foot-1301h-4) A second matter also requiring discussion were the forest perambulations themselves. When the original commissions for the perambulation were issued they included a clause safeguarding 'the king's oath, the right of his Crown, and the actions and claims of the king and all others'. The writs of summons issued for this parliament also suggest that the perambulators were deliberately given no power to execute any changes to the forest boundaries, but were merely to report their findings to the king. (fn. foot-1301h-5) These writs make it plain that what the king actually envisaged was a process under which he (and also third parties) would have the right to challenge the perambulations at the meeting of parliament and a final decision on the boundaries be made by his council there; and in preparation for this process the chancellor, John Langton, was ordered in mid-November to have Domesday Book, the Red Book of the Exchequer and other rolls of chancery and the exchequer at York and London searched for relevant material relating to forest boundaries to support the king's challenges. (fn. foot-1301h-6) The forest perambulations are the only matter specifically mentioned in the writ of summons. Scottish affairs were, however, also on the agenda. In late June 1299 Pope Boniface VIII had written to Edward, exhorting him to withdraw from Scotland. The papal letter had not been delivered to Edward in person by the archbishop of Canterbury until the summer of 1300. Edward had no intention of complying with the papal request, but did feel the need to make a considered response to the papal exhortation and to respond to the pope's arguments; and special arrangements were made, when summoning the parliament, to ensure the attendance of those who could assist in preparation of the king's response. (fn. foot-1301h-7) In late October 1300 Edward had also agreed at the request of the French king to a truce with the Scots which would last till Whitsun (21 May) 1301. While the truce continued a meeting had been arranged at Canterbury (at mid-Lent 1301, later postponed till two weeks after Easter) where the emissaries of the king of France were to attempt to bring the English and Scots to a lasting peace. (fn. foot-1301h-8) Arrangements had to be made for that meeting and for putting the English case at it. But Edward was clearly not sanguine about the chances for a lasting peace, or even the renewal of the truce, and clearly envisaged a renewal of hostilities. He seems also to have seen this parliament as a useful venue for discussing arrangements for a Scottish expedition with a wider group of advisers and for getting magnate support for a future campaign. (fn. foot-1301h-9)

The summonses for this parliament are dated 25 or 26 September and request appearances at Lincoln at the octaves of Hilary (the week beginning 20 January 1301). (fn. foot-1301h-10) An Exchequer document printed by Cole has been interpreted as suggesting that there had originally been plans to hold a parliament at the quindene of Michaelmas (13 October) 1300. (fn. foot-1301h-11) The date mentioned in the heading to this document seems, however, to be the date when the writs of summons for the Hilary parliament were handed over to the individuals and messengers named in the margin, probably at the exchequer, rather than the date for which the parliament was being summoned. This interpretation is supported by the fact that the document continues with a note of writs sent out for prayers for the soul of the earl of Cornwall, for the earl did not die till 24 or 25 September 1300 and the request for prayers are known to have been sent out on 25 September, the same day as the issuing of some of the writs of summons to parliament. (fn. foot-1301h-12) Many of the individuals and groups summoned to this parliament were summoned for specific purposes. The barons of the Cinque Ports were ordered to send representatives specifically to settle their dispute with Great Yarmouth. (fn. foot-1301h-13) The commissioners of the forest perambulation who were not royal justices or royal councillors were individually summoned to give their advice on the perambulations they had conducted and to bring the perambulations themselves; (fn. foot-1301h-14) the justices of the Forest were summoned, probably again purely on forest business, (fn. foot-1301h-15) and the sheriffs of those counties which contained forests were told to warn anyone who wished to challenge the perambulation to appear at parliament to do so. (fn. foot-1301h-16) Other writs, specifically mentioning the need for a discussion of the king's right to Scotland, were issued to various magistri in the king's service, requiring them to appear at Lincoln for a discussion with other jurisperiti and others of council on this matter; (fn. foot-1301h-17) and it was evidently for the same specific business that the university of Oxford was asked to send four or five experts in the written law and Cambridge to send two or three of the same to Lincoln. (fn. foot-1301h-18) A further set of writs asked various abbots and deans and chapters to search their chronicles and archives for all matters touching Scotland and to send someone whom they trusted to Lincoln with any relevant information. (fn. foot-1301h-19) There were also, however, some more general summonses for the attendance at parliament of individuals bishops and abbots, earls, barons and others; (fn. foot-1301h-20) to various royal justices and barons of the Exchequer; (fn. foot-1301h-21) and for the attendance at parliament of the two knights from each county and two burgesses from each borough who had attended the previous parliament, with new elections authorised only if the representives chosen for that parliament had since fallen sick or died. (fn. foot-1301h-22) Original returns survive for thirty counties plus the boroughs those counties contained, (fn. foot-1301h-23) and for the universities of Oxford and Cambridge. (fn. foot-1301h-24) The writs of expenses issued when the representatives went home provide us with the names of the representatives sent by another four counties and two boroughs. (fn. foot-1301h-25) Those same writs of expenses seem to indicate that the representatives of the shires and boroughs only remained at parliament for around a week, for the initial writs were issued on 27 January. (fn. foot-1301h-26) The chancery records of decisions connected with parliament seem, however, to indicate that conciliar decisions on petitions submitted at parliament only began around 28 January and continued till around 28 February, and that the conciliar decisions made as late as 21 and 26 February were still considered as having been made 'in parliament' is shown by notes of authorisation that refer to the resulting writs as authorised by a petition before the king and council in parliament. (fn. foot-1301h-27) Parliament was almost certainly at an end by the time the king left Lincoln and its vicinity around 2 March.

Two items on SC 9/11 provide a very incomplete official record of the business that was transacted at this parliament. One is an ordinance made by this king's council on the surrender of land seized into the kings hands when an inquisition post mortem found that the late tenant of the land held nothing in chief of the king, the so-called 'statute for escheators'. (fn. foot-1301h-28) The other is an authorisation for the release on mainprise of various men of York appealed by Margery the widow of Adam of Silkeston for the death of her husband in the Common Bench. (fn. foot-1301h-29) Two other entries on the same roll, which are primarily a record of business done at a later parliament also refer in passing to earlier stages of the same cases which took place at this parliament. (fn. foot-1301h-30) It is only from a contemporary chronicle that we learn that the opening speech to parliament was delivered by Roger Brabazon, the chief justice of King's Bench, and that he asked on the king's behalf for a fifteenth; (fn. foot-1301h-31) only from a document that survives in the Canterbury archives of the bills delivered to the prelates and magnates on behalf of the King in this parliament and of the bills of the prelates and magnates delivered to king on behalf of the 'community' and of the king's responses to them. (fn. foot-1301h-32) There is no surviving official record of the granting of a fifteenth to the king at this parliament, though later fines made by the cities of London and Lincoln to compound for it talk of it having been granted in the Lincoln parliament, (fn. foot-1301h-33) and a cancelled enrolment belonging to mid-February directly connects its grant with the observance of one of the forest perambulations and points to the bargaining that underlay its grant. (fn. foot-1301h-34) There is also a direct reference to its having been granted in the Lincoln parliament in a writ of 1 March 1301 which orders the assessors and collectors of the subsidy in the various counties to pay for provisions purveyed for the campaign against the Scots out of the money they had collected. (fn. foot-1301h-35) There is no surviving record of whatever discussion took place about the negotiations with the Scots at Canterbury or about military preparations for the expedition against Scotland. That the latter topic was discussed can be deduced from the timing of the personal summonses issued from Lincoln during or just after parliament (on 14 February and 1 March) to various magnates and members of the gentry for service against the Scots, requiring their appearance either at Berwick on Tweed (for service with the king) or at Carlisle (for service with the prince of Wales) at Midsummer 1301. (fn. foot-1301h-36) Of the discussions relating to the defence of the king's title to Scotland we know only of the two documents which resulted: a declaration dated 12 February 1301 in the name of the community and sealed by seven earls and ninety-seven barons stating their resolve to maintain the rights of the English Crown over Scotland (fn. foot-1301h-37) and a historical response in the name of the king himself, not issued till 17 May but probably also drafted (in at least a preliminary form) at Lincoln. (fn. foot-1301h-38) It was probably also at this parliament that a formal grant of the king's lands in Wales was made to the king's eldest son and that he was created earl of Chester (on 7 February 1301) and soon afterwards, if not at the same time, prince of Wales. (fn. foot-1301h-39)

Appendix Hilary 1301

Evidence of business done at this parliament from chancery enrolments and elsewhere

1

Commission of oyer and terminer to William Howard and Lambert of Threekingham on complaint by two named Norwegian merchants relating to the seizure of a ship and its contents when cast ashore near Ravenser. By petition of council. Dated 28 January 1301 at Nettleham.

Source: CPR 1292-1301 , 620-1

2

Commission to exchequer to enquire into petition of bishop of Carlisle relating to allowances against farm owed for meadows and herbage of king's castle of Carlisle. By petition of council. Dated 5 February 1301 at Nettleham.

Source: CCR 1296-1302 , 420; enrolled (as of 8 February) on E 368/72, m. 29

3

Mandate to exchequer to deliver to John Weyland deeds concerning him among the goods and chattels which had belonged to his father, Thomas Weyland. By petition of council. Dated 5 February 1301 at Nettleham.

Source: CCR 1296-1302 , 421 (related original petition is SC 8/151, no. 7536)

4

Commission of oyer and terminer to William de Bereford and Philip de Hoyvill touching trespasses committed against John Randolf at Ash by Overton. By petition of council. Dated 6 February 1301 at Nettleham.

Source: CPR 1292-1301 , 621

5

Commission of oyer and terminer to William de Carlton and Roger of Higham to determine complaints of merchants of Hanse of London Steelyard against mayor and sheriffs of London. By petition of council. Dated 8 February 1301 at Nettleham.

Source: CPR 1292-1301 , 622

6

Mandate to Walter of Gloucester, escheator south of Trent, for supersession of demand on Chirbury priory for palfrey and silver cup in respect of last vacancy in house. By petition of council. Dated 8 February 1301 at Nettleham.

Source: CCR 1296-1302 , 431

7

Mandate to justices of Common Bench to allow levying of final concord between the abbot of St Mary York and Henry de Lacy earl of Lincoln on division of Yorkshire moorland in ''Eyermund', Whitgift and Reedness between them notwithstanding statute of mortmain, in accordance with agreement reached before king's council at York. By petition of council. Dated 11 February 1301 at Nettleham.

Source : CP 40/136, m. 72

8

Grant to abbey of Holme Cultram that town of Skinburness be a free borough and of a fair and market there. By fine before treasurer and petition of council. Dated 12 February 1301 at Lincoln.

Source: CChR 1300-26 , 2

9

Mandate to Willam de Curzun, keeper of manor of Burgh, to remove king's hands from lands in Great Hautbois and Scottoe, seized by bailiffs of queen Eleanor, but which belonged to Robert, son and heir of Robert Baynard. By petition and inquisition returned from council. Dated 13 February 1301 at Lincoln.

Source: CCR 1296-1302 , 425

10

Mandate to William de Curzun, keeper of manor of Aylsham, to restore to heirs of Bartholomew of Reedham lands in Great Haubois seized by bailiffs of queen Eleanor. By petition and inquisition returned from council. Dated 13 February 1301 at Lincoln.

Source: CCR 1296-1302 , 425-6

11

Grant for fine to William de Praers of marriage of Thomas son and heir of John de Eyton, tenant-in-chief. By fine and inquisition returned from council. Dated 14 February 1301 at Lincoln.

Source : CPR 1292-1301 , 571.

12

Commission to Henry Spigurnel and John Druel to enquire into custody of Geoffrey Friday, rendered non compos mentis by a blow, and if necessary transfer that custody to a different kinsman. By petition of council. Dated 14 February 1301 at Lincoln.

Source: CPR 1292-1301 , 622.

13

Mandate to Walter of Gloucester, escheator south of Trent, to remove king's hands from lands held at death by Roger Savage of lords other than king. By inquisition returned from council. Dated 14 February 1301 at Lincoln.

Source: CCR 1296-1302 , 424.

14

Mandate to sheriff of Cumberland to have coroner chosen in place of Richard Tyrergh, removed for insufficiency. By petition of council. Dated 16 February 1301 at Lincoln.

Source: CCR 1296-1302 , 427

15

Licence for an alienation in mortmain by Master Henry of Fotheringay and Master Robert of Candover of property in Kibworth Harcourt to the warden and scholars of Merton College, Oxford in consideration of a fine made before the treasurer. Dated 16 February 1301 at Lincoln. No authorisation noted but the endorsement on the related inquisition ad quod damnum makes clear that the licence was granted at the Lincoln parliament.

Source : CPR 1292-1301 , 571; C 143/26, no. 24

15

Commission of oyer and terminer to William of Bereford and Henry Spigurnel on complaint of poor men of Cirencester of wrongs committed against them by abbot of Cirencester and others. By petition of council and by fine made before treasurer. Dated 18 February 1301 at Lincoln.

Source: CPR 1292-1301 , 623

16

Mandate to local sheriffs in pursuance of a respite granted to Thomas earl of Lancaster of all debts owed to king by reason of lands of earls Ferrers. By petition of council. Dated 18 February 1301 at Lincoln.

Source: CCR 1296-1302 , 427

17

Mandate to sheriff of Kent after discussion in Lincoln parliament for renewal of mainprise of various (named) Kentish rectors and vicars, arrested and imprisoned at Canterbury at the request of the archbishop, and released on mainprise prior to that session. By king and council. Dated 18 February 1301 at Lincoln.

Source: CCR 1296-1302 , 427-8 (and note mention of an ordinance made before king and council on this in mandate of 27 March 1301: CCR 1296-1302 , 440)

18

Mandate to exchequer to audit accounts of bishop of Carlisle for time had custody of Carlisle castle. By petition of council. Dated 19 February 1301 at Lincoln.

Source: CCR 1296-1302 , 428

19

Commission of oyer and terminer to Roger of Higham, William of Carleton and John of Kirkby on complaint by abbot of Thorney that despite the restoration to him of the hundred of Normancross the sheriff of Huntingdonshire continued to hold his tourn there. By petition of council. Dated 20 February 1301 at Lincoln.

Source: CPR 1292-1301 , 624.

20

Grant to priory of St Katherine's outside Lincoln of messuage in Lincoln forfeited by Hagin son of Benedict, a Lincoln Jew. By petition returned from council. Dated 20 February 1301 at Lincoln.

Source: CChR 1300-26 , 3

21

Mandate to John of Mettingham, chief justice of the Common Bench, to send a record of the account case in his court brought by master John de Lascy against Nicholas of Calveley which had led to the outlawry of Nicholas. Dated 20 February 1301.

Source : C 260/12, no. 24, m. 1 (m. 2 is the return and m. 3 is what seems to be the original petition which led to the mandate, addressed to the king and his council by William the brother of Nicholas, with an endorsed note of its enrolment)

22

Grant to community of county of Nottingham on petition presented before king and council in parliament at Lincoln and for £100 of abolition of custom hitherto applicable that every hue and cry raised in county and every trespass and felony committed in county (whether or not hue raised) be presented by men of four neighbouring towns at next wapentake and then at next county court and that in future offences be presented only twice yearly at tourn and homicides be presented in full county: Dated 21 February 1301 at Lincoln.

Source: CPR 1292-1301 , 577.

23

Licence for assart to be made by Walter de Langton, bishop of Coventry and Lichfield, in Windsor forest. By king and council. Dated 22 February 1301 at Lincoln.

Source: CPR 1292-1301 , 575.

24

Life grant to John Sampson of custody of Scarborough castle. By king and petition of council. Dated 23 February 1301 at Lincoln.

Source: CPR 1292-1301 , 575.

25

Mandate to exchequer to enquire into complaint of Richard of Bingham about alleged unjust exaction of amercement. By petition of council. Dated 23 February 1301 at Lincoln.

Source: CPR 1292-1301 , 431.

26

Mandate to abbot of Le Pin to desist from impleading abbot of Rewley before abbot of Citeaux in respect of farm of church of Saham contrary to provision that all issues of lands of aliens remain in England till peace re-established. By council. Dated 23 February 1301 at Lincoln.

Source: CCR 1296-1302 , 479-80

27

Mandate to exchequer, enclosing inquisitions post mortem into holdings of Ralph Basset of Drayton who held in chief, finding that held one-quarter of the manor of Olney of king in chief at death as member of earldom of Arundel, but instructing the exchequer, as not clear by what service held or whether of purparty of earldom, that certify by searching Book of Fees and memoranda. By petition of council. Dated 23 February 1301 at Lincoln.

Source : E 368/72, m. 28

28

Mandate to exchequer, reciting petition by William de Grandison seeking be allowed to set off his debts against the arrears of wages owed him for his service in Gascony and Scotland, and authorising this. Dated 23 February 1301 at Lincoln

Source : E 368/72, m. 39 (and m. 41, where said to be authorised by petition of the council)

29

Mandate to sheriff of Somerset to respite exaction of debts from Simon de Monte Acuto till Michaelmas. By petition of council. Dated 23 February 1301 at Lincoln.

Source: CCR 1296-1302 , 480

30

Commission to William of Carlton and John of Kirkby to enquire into claim of abbot of Peterborough to the right of marriage over John, son and heir of Geoffrey of Southorpe, and Walter, son and heir of Walter of Ufford. By petition of council. Dated 23 February 1301 at Lincoln.

Source: The White Book of Peterborough , ed. Sandra Raban (Peterborough Record Society, 2001), 155-6

31

Vacated promise to merchants of companies of Pulci and Rembertini of Florence to save harmless touching bond on behalf of executors of papal tenth for £10,000 received as loan by Edmund of Lancaster. By king and petition of council. Dated 24 February 1301 at Lincoln.

Source: CPR 1292-1301 , 576

32

Mandate to exchequer to set moneys owed to William de Grandison against sums owed by him by king. By petition of council. Dated 24 February 1301 at Lincoln.

Source: CCR 1296-1302 , 429

33

Mandate to exchequer to assign remaining £38 a year of land promised by king to Roger Lestrange: in response to petition exhibited by Roger in king's council. Dated 24 February 1301 at Lincoln.

Source: CCR 1296-1302 , 432; enrolled (as of 23 February) on E 368/72, m. 28d

34

Mandate to exchequer on behalf of abbot and convent of Ramsey, reciting that whereas they have shown by petition before king and council in Lincoln parliament that had obliged selves by letters patent for king for £1000 which came to king's hands of tenth for Holy Land owed to Pope and king had obliged self to payment in full within two months of notice and keep harmless and abbot and convent have paid £1000 to papal collectors and seek allowance in what owe king in annual farms and debts, ordering the checking of the letters and consideration of how king is to be exonerated from £1000 and then allow as see best and as more fully enjoined by king and council on the treasurer. By petition of council. Dated at Lincoln on 24 February 1301.

Source : E 368/72, m. 27d

35

similar mandate to (34) in respect of £500 for the abbot and convent of Peterborough. By petition of council. Dated 24 February 1301 at Lincoln.

Source : E 368/72, m. 28

36

similar mandate to (34) in respect of 1000 marks for the abbot and convent of Westminster. By petition of council. Dated 24 February 1301 at Lincoln.

Source : E 368/72, m. 28d

37

similar mandate to (34) in respect of £500 for the prior and convent of Ely. By petition of council. Dated 24 February 1301 at Lincoln.

Source : E 368/72, m. 29

38

similar mandate to (34) in respect of 1000 marks for the abbot and convent of Bury St Edmund's. By petition of council. Dated 24 February 1301 at Lincoln.

Source : E 368/72, m. 40d

39

similar mandate to (34) in respect of 1000 marks for the abbot and convent of Westminster. Dated 24 February 1301 at Lincoln.

Source : E 368/72, mm. 34- 35

40

Commission to Dublin exchequer to audit accounts of representatives of citizens of Bayonne appointed to collect customs on wool. By petition of council. Dated 25 February 1301 at Lincoln.

Source: CCR 1296-1302 , 429-30.

41

Mandate to exchequer to set debts owed by Eustace of Hatch and William of Hardeshull against money owed by king to Eustace. By petition of council. Dated 25 February 1301 at Lincoln.

Source: CCR 1296-1302 , 432; enrolled on E 368/72, m. 28

42

Grant of pontage for five years to keeper of bridge and causeway of Holland. By petition of council. Dated 26 February 1301 at Lincoln.

Source: CPR 1292-1301 , 576.

43

Pardon to two men of Alnmouth for death of William Hulhope as found killed as Scottish enemy of king. By king and council. Dated 26 February 1301 at Lincoln.

Source: CPR 1292-1301 , 576.

44

Grant of quayage for three years to town of Ravenser. By petition of council. Dated 26 February 1301 at Lincoln.

Source: CPR 1292-1301 , 579.

45

Commission of oyer and terminer to Richard of Abingdon and John of Kirkby to enquire into complaints contained in petition of abbot of Buckland relating to damages caused by activities of Devon miners. By petition of council. Dated 26 February 1301 at Lincoln.

Source: CPR 1292-1301 , 624.

46

Commission to William of Carlton and Roger of Higham on complaint of men of city of York to audit accounts of taxes and tallages in city since 10 Edward I. By petition of council. Dated 26 February 1301 at Lincoln.

Source: CPR 1292-1301 , 624.

47

Commissions of oyer and terminer to Richard Oysel and Ralph de Lellay touching persons poaching and committing other offences in king's warrens, parks, ponds and fisheries in Yorkshire. By council. Dated 26 February 1301 at Lincoln.

Source: CPR 1292-1301 , 624-5.

48

Commission of oyer and terminer to William de Bereford and William Howard on complaint by community of city of York by petition before king and council of usurpation of jurisdiction within city by hospital of St Leonard's York. By petition of council. Dated 26 February 1301 at Lincoln.

Source: CPR 1292-1301 , 625.

49

Mandate to exchequer in response to petition of abbot and convent of Thorney (and various other houses) before king and council at Lincoln that whereas obliged to pope on king's behalf for various sums which came to king's hands from Holy Land tenth and king bound self to repay and they have now paid papal collectors that to ensure paid. By petition of council. Dated 26 February 1301 at Lincoln.

Source : CCR 1296-1302 , 430 .

50

Mandate to justice of Forest south of Trent for restoration to Matthew fitzJohn of custody of forest of Melksham and Chippenham in response to petition exhibited before king in parliament at Lincoln. By petition of council. Dated 26 February 1301 at Lincoln.

Source : CCR 1296-1302 , 430.

51

Pardon to John of Havering of £297 13s 4d lent him by the Riccardi of Lucca while in French prison. By petition of council. Dated 26 February 1301 at Lincoln.

Source: CCR 1296-1302 , 431; enrolled on E 368/72, m. 28

52

Mandate to exchequer to pay John of Havering arrears of fee for custody of Wales. By petition of council. Dated 26 February 1301 at Lincoln.

Source: CCR 1296-1302 , 431; enrolled on E 368/72, m. 28

53

Mandate to sheriff of Hampshire for repair of houses and walls of castle of Winchester (and to justice south of Trent to let him have timber for this purpose). By petition of council. Dated 26 February 1301 at Lincoln.

Source: CCR 1296-1302 , 432.

54

Pardon to John Sampson of all debts owed to king. By petition of council. Dated 26 February 1301 at Lincoln.

Source: CCR 1296-1302 , 432.

55

Mandates to bailiffs of Southampton, Andover and Basingstoke for various sums to be paid to executors of James of Newbury in payment of king's debts. By petition of council. Dated 26 February 1301 at Lincoln.

Source: CCR 1296-1302 , 433

56

similar mandate to (34) in respect of abbot and convent of Abingdon for 1000 marks. By petition of council. Dated 26 February 1301 at Lincoln.

Source : E 368/72, m. 28

57

similar mandate to (34) in respect of abbot and convent of Merton for £500. By petition of council. Dated 27 February 1301 at Lincoln.

Source : E 368/72, m. 27d

58

similar mandate to (34) in respect of abbot and covent of Osney for £500. By petition of council. Undated (?27 February 1301 at Lincoln).

Source : E 368/72, m. 27d

59

Commission of sewers to Richard Oysel and Ralph de Lellay for coast of Humber and fresh waters in Holderness and Hull. By petition of council. Dated 28 February 1301 at Lincoln.

Source: CPR 1292-1301 , 625

60

Grant for life to Isabel widow of John de Vescy sr. of additional escheated lands of Nicholas de Graham at Herdeslawe in Northumberland. By king and petition of council. Dated 28 February 1301 at Lincoln.

Source: CPR 1292-1301 , 577

61

Mandate to exchequer reciting that whereas king had recently in the parliament at Westminster with the assent of Mary late the wife of William de Breuse and William, the son of William de Breuse, assigned the treasurer and John of Mettingham and Robert of Hartforth to pacify and try the disputes between Mary and William but this had not been done because of the death of Robert and other impediments, as had been shown by a petition in the current parliament, and ordering the barons to associate William Howard in place of Robert and such other members of council as seem appropriate to do justice. By petition of council. Dated 2 March 1301 at Lincoln.

Source : E 368/72, m. 28d

62

Licence for alienations in mortmain by Walter le Abbe and Ralph de Aumarle to the abbey of Tavistock in consideration of a fine made by the abbot before the treasurer. Dated 6 November 1301 at Linlithgow. But the endorsement on the preliminary inquisition ad quod damnum indicates that the licence had been agreed in the Lincoln parliament.

Source: CPR 1292-1301 , 616; C 143/28, no. 19

Petitions belonging to this parliament and not otherwise recorded

1

Petition of Henry de Grey for removal of king's hands from lands held of him by knight service in Sandiacre by Richard de Grey with initial undated response to look for the arrentation of the lands Richard had held of the king in Sandiacre and which had been seized because alienated without licence and a further note of the reply given in the Lincoln parliament (after that had been found) authorising the restoration of the land and its issues (and of the lands held by Richard of the earl of Lincoln)

Source: CIPM, iii, no. 467

2

Petition of William de Braose asking for removal of king's hands from manor of Gomshall held of him by knight service at his death by Roger Savage and separate petition of John son and heir of Roger Savage for removal of king's hands from the manor of Stainsby held of the king by Roger by a sore sparrow-hawk; with endorsements showing enquiries conducted in the exchequer and inquisitions held and then the matter referred to the Lincoln parliament and agreed there that both manors be restored to the petitioners with their issues

Source: CIPM , iii, no. 535

3

Petition of Margery, Joan and Denise Peveril, sisters and heirs of Thomas Peveril, against royal demand for fine from them for their marriages, although were of age when they succeeded their brother, noted as having been referred to the exchequer from the Lincoln parliament with an order for an enquiry to be made there as to what is customary (and further discussion there after Easter)

Source : E 368/72, m. 31 (translated by Sayles, Functions of the Medieval Parliament , 249- 51)

4

Petition of Nicholas of Sparsholt submitted to the Lincoln parliament (recited in full in French) relating to an accident in the king's manor of Stratton which he has in his keeping which had destroyed buildings there, asking king's grace so that not forced to sell his lands, with an endorsement showing that it had been heard before the king and he had instructed that the Treasurer and Barons should do secundum conscienciam what seems ought be done; enrolment records subsequent appearance in the Exchequer and decision that master Richard of Abingdon make local enquires on this and then the results of his enquiry.

Source : E 368/72, m. 31

5

Petition of Humphrey of Bassingbourne submitted to the Lincoln parliament (recited in full in French) relating to 25 year lease by his grandfather Humphrey of Bassingbourne to the king's mother Eleanor of the manor of Benefield which had expired two years ago at Hilarytide, seeking recovery of £40 land which Queen had assigned to Eleanor of Geneva till the expiry of her term and which had been seized into the king's hands by reason of Eleanor's alien husband, Robert de Stuteville, and reciting process in exchequer in response to previous petition and his failure to recover the land and seeking its return in return for a mainprise; with note of endorsement at parliament that to sue further in exchequer and of further process there.

Source : E 368/72, m.31d

6

Petition of Thomas archbishop of York submitted to the Lincoln parliament (recited in full in French) recapitulating petitions by his predecessors, John le Romayn and Henry of Newark, in parliament showing that all archbishops sede plena and the dean and chapter of York in vacation had always possessed and exercised time out of mind ordinary jurisdiction over the churches of Loudham, East Marham, Wheatley, Harworth, East Bridgeford and Walesby till the time when Boniface de Saluzzo entered these churches through the sheriff of Nottingham without the authority of ordinary, refusing to allow the archbishop or archdeacon to exercise authority there for five years and more, and again asking for a remedy. With note of endorsement before king and council that to write to Boniface or lieutenant to deliberate with council for Easter and certify king's council at York at morrow of Ascension and adjourning the archbishop to the same day and note of duplication of the petition and sending of copies to chancery and the exchequer and of process on this.

Source : E 368/72, m. 32 (and for proceedings at York see E 175/1, no. 14)

7

Petition of Gilbert bishop of Chichester submitted to the Lincoln parliament (recited in full in French) recapitulating prior petition to parliament at Westminster requesting that those who entered into prebends of the church of Hastings which are parish churches with cure of souls without being presented to him by colour of the king's grant namely (five named) be presented to him as used to be the practice both before the barony of Hastings and castle and advowson of prebends came to the king as a Norman escheat and since, as the bishop was ready to show by presentments under seals of Henry III and the present king and the king's order there that the rolls of chancery be searched and an enquiry held; reciting that the enquiry had now been held and returned and the rolls searched by sir Adam de Osgodby and that the bishop had been adjourned from the last parliament at Westminster last Lent to the following parliament, requesting consideration of the verdict and what found on the rolls and the evidences the bishop will show. With note of endorsement before the king and council that the sheriff to warn the chapter and prebendaries to meet before Easter and certify the king and council at the morrow of Ascension and the bishop also adjourned and note of the duplication of the petition for sending to the exchequer and chancery and further proceedings on this

Source : E 368/72, m. 32d

8

Petition of the abbot of Halesowen submitted to the Lincoln parliament (recited in full in French) relating to the chapel of Wednesbury, appendant to the church of Walsall, as granted by Henry III and held to the abbey's own use, from which the abbot had been ousted by a tainted jury in the Stafford eyre. With note of endorsement showing heard before the king and king allowed recovery in return for fine, saving the right of the current incumbent.

Source : E 368/72, m. 36 (Enrolment shows abbot allowed to recover for fine of ten marks.)

9

Petition of the abbess and convent of Canonleigh submitted to the Lincoln parliament (recited in full in French) seeking satisfaction for £671 5s 10 ^d which the king's officials had taken from treasury of Exeter cathedral and which countess Maud of Gloucester had given them to buy lands for the support of their house, as required to do under oath to the Pope before she was allowed to found the house, and requesting the manors of Bradenach and Kenton which have come to the king's hands on the death of the earl of Cornwall. With endorsement noting decision that all from whom money had been taken in 1294 were to go to the exchequer and secure an allowance in debts to king or have debts assigned to them. Enrolment notes that house's attorney comes and seeks restitution or the manors requested and that as Exchequer not know king's will on manors the attorney told to consult his clients as to whether they wish to accept satisfaction through allowance or assignment of debts instead.

Source : E 368/72, m. 71

*** For petitions sent from this parliament to be determined before king's council at York on the morrow of the Ascension 1301 see E 175/1, no. 4

Legislation

1

the 'statute for Escheators' enacted at this parliament

a initial version enrolled on parliament roll: SC 9/11, item 12

b draft of a revised and extended version with names of the councillors who had advised its enactment inserted above original text: C 49/3, no. 1

c revised and extended version (including also the names of the councillors who had advised its enactment) found on the Statute Roll (which supplies the text for SR , i. 142-3) and the Close Roll ( CCR 1296-1302 , 484-5)

2

royal concession that any thing decreed contrary to the Charters be emended by common council or annulled: dated 14 Febrary 1301 at Lincoln: SR , i (Charters of Liberties section), 44.

3

Otherwise unknown legislation on non-suits in the assize of novel disseisin referred to in Lincoln's Inn MS. Miscellaneous 738, f. 75v and Bodleian MS. Hatton 28, f. 84r.

4

Renewed order for enforcement of ordinance against export of silver and silver money issued on 14 February 1301: CCR 1296-1302 , 480-2

Miscellaneous business

In Hilary term 1301 a Yorkshire writ of mort d'ancestor brought in the Common Bench at York was challenged because it had been summoned for a return day rather than a specific day of the week. The claimants (William de Latimer and his wife Lucy) subsequently came to this parliament and showed this challenge and Chief Justice Mettingham and his junior colleague, William of Bereford, went to chancery and asked which form was the correct one. They were told both had been used in the past. It was then agreed that the form taken by their writ was the correct one and was the form to be used in future. The plea roll enrolment of the case reveals only an adjournment for judgment and judgment in favour of the form being used: CP 40/138, m. 81. The discussion in parliament is recorded only in certain reports of the case: see BL MS. Additional 31826, ff. 382r-v and BL MS. Stowe 386, ff. 78r-v.