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Aug. 1.
Arbroath. |
William de Wyvyle acknowledges that he owes to Master William
de Pykering 13 marks; to be levied, in default of payment, of his lands
and chattels in co. York. |
Aug. 23.
Aberdeen. |
To the sheriffs of London. Order to supersede the execution of the
king's writ to justice William de Berdewell pending his appeal to the
pope, or until the king shall cause it to be otherwise ordained by his
council, as the king lately, at the request of R. archbishop of Canterbury
signifying to the king by his letters patent that William was excommunicated for contumacy and would not permit himself to be justiced by
ecclesiastical law, ordered the sheriffs to justice William by his body
according to the custom of England until Holy Church should be
satisfied for the contempt and wrong, and the king now understands
that William has appealed to the pope against the sentence pronounced
against him by the archbishop, and that he is prosecuting his appeal
with vigour, and the king wills that William shall not be precluded by
his said writ from prosecuting his appeal in form of law, especially as
such writ proceeds from the king's grace and the condition of an
appellant ought to be unimpeded (integer). [Prynne, Records, iii, p. 985.] |
Aug. 12.
Arbroath. |
William Bulderbayn of Wygeton came before the king, on Monday
after the feast of St. Laurence, and sought to replevy to Agnes daughter of
Gilbert le Muner and Ranulph son of Ranulph de Daneby their land
in Wygeton, which was taken into the king's hands for their default
before the justices of the Bench against Ellen, late the wife of Walter de
Lythebeck. This is signified to the justices. |
Aug. 1.
Arbroath. |
Simon de Trewyk is sent to the abbot and convent of Wynchecumbe. |
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Enrolment of agreement between Anthony, bishop of Durham, and the
men of the community of the liberty of the bishopric, witnessing that
whereas the franchise of the bishopric was lately taken into the king's
hands for certain reasons at his parliament at Westminster at the octaves
of St. John, in the thirtieth year of his reign, and the aforesaid men
had shown divers complaints and grievances against the bishop and his
ministers committed upon them, and afterwards at Durham in three
weeks from Easter, in the thirty-first year, it was amicably treated before
the king's council between the bishop and the commonalty as to the
complaints and grievances, and afterwards this treaty was rehearsed before
the king in the presence of the appeased and accorded parties in the
following form: |
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Whereas the men feel themselves aggrieved because although no free
man ought to be taken or imprisoned except by an inquisition or
by a prosecutor (sacrobor) or unless he be taken with the mainour,
the bishop's bailiffs have there taken men of the country and have
kept them in prison at their will, contrary to the form aforesaid;
the bishop grants that no one shall be imprisoned by his bailiffs in
his franchise except as has been usual elsewhere in the realm, and
the inquisitions shall be made by the coroners of the bishopric as
is usual elsewhere in the realm, according to the form of the statute. |
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Whereas the commonalty pray that no free man of the bishopric
shall be impleaded in Court Christian except concerning wills and
matrimony, and that those who are impleaded of other matters in
that court, shall have the prohibition and the attachment against
(sur) the official as well as against the party; the bishop grants
that the prohibition and attachment shall not be refused (vee) to
any one, and that those who contravene the prohibition shall be
punished according to the law, whatsoever judge of Holy Church
they may be. |
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Regarding lands held in drengage, the bishop claims the wardship
of the tenements held of him, and for this reason does not claim
the wardship of tenements held of others, with the exception of
the tenants of the prior [of Durham]. |
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Whereas the men of the commonalty feel themselves aggrieved because
the bishop causes to be seised and kept in his wardship lands held
of others by knight service, on the ground that the tenants hold of
him by knight service; the bishop says that he ought to have
by his prerogative wardship of the lands that such tenants hold
of others by knight service between the Tyne and the Teyse, in
the same manner as the king has elsewhere in England. As the
bishop and the men could not agree as to this point, they submitted
themselves to the award of the king; and the king granted, for
the honour of God and St. Cuthbert, that the bishop shall have
the wardships in the same way as he himself has them elsewhere
in England. And of those who hold nothing of the bishop, he
claims no wardship. |
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Whereas it is lawful to every free man to make a mill in his own
land and to mine (prendre mine) for coal and iron, the bishop's
bailiffs have disturbed the lords of towns and other free tenants
so that they have been unable to make their profits of the things
aforesaid; the bishop wills and grants that every man may make a
mill except on land owing suit to his mill or where it would be
injurious to him, or he shall have another remedy; and that every
man may mine for coal and iron in his several land and also where
others have common, in the same manner as the bishop does in
his several land and where others have common. |
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Whereas no free man of the bishopric ought to be impleaded except
in the free court of the bishop, the bailiffs of the bishop have come
and have caused them to be impleaded at halimotes (halymotz)
and have caused them to be amerced among the villeins, contrary
to the common law of the realm; the bishop wills and grants that
no free man shall come there, unless he wish to come and make
plaint of any villein, and if wrong be done to him by any villein
and if he wish to make plaint elsewhere in a free court, a writ shall
be granted to him. |
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Whereas no free man taken within the franchise of Durham for a
deed done within the franchise shall be imprisoned in the wapentake of Sadebergh, and no man taken for a trespass committed
within the wapentake shall be imprisoned at Durham, which is not
now observed (suffert); the bishop wills and grants that this shall
be so henceforth, except such as shall be taken for a trespass
against him. |
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Whereas all the free men of the bishopric were wont to be quit of
toll (thounu) and of all manner of purchases (d'acatz) made in a
town of Uppelaunde, the bishop's bailiffs have come and taken toll
commonly from those who purchase an acre of corn in the earth,
an ox or a cow, or any other kind of food in all the towns of
Upelaund as in a market town, and this by extortion, which was
not done in the time of his predecessors; the bishop said that this
was not done by him, and he wills and grants that hereafter no toll
shall be taken except in the same places and in the same manner
as it was wont to be taken in the times of his predecessors. |
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And that none of his ministers shall seise other lands and chattels
into his hands without a writ of warrant from the chancery,
except after the death of an ancestor who held in chief of him,
which is not now observed; the bishop wills and grants that no
land or chattels shall be seised into his hands otherwise than
has been the custom in the times of his predecessors. |
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And that none of his ministers shall levy a debt from any free
man unless it be acknowledged or recovered in a court or be his
certain debt; the bishop wills and grants this. |
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Whereas they pray that no carriage shall be taken from free men,
unless it be for a certain gift (donant), as is usual throughout the
realm, except such as hold their lands by this service, and this is
not observed; the bishop wills and grants that it shall not be done
otherwise, except in time of war, as the king and other lords do
in the like case. |
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And that no under-bailiff of a coroner shall be on horseback, except
the four coroners, as was done in the time of his predecessors;
the bishop wills and grants this. |
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Moreover, whereas all the men of the bishopric were wont to have
free egress and ingress at the gate of the Bayl to go to the
holy body, the bishop and his ministers have not allowed them
this, according to what they said; the bishop wills and grants that
no one shall be disturbed by him, except in time of war or at
other times when there shall be need of guard, and in addition
in such times the bishop wills and grants that they may freely
enter and leave, except men suspected of evil. |
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And as to this that they pray that every free man may course and
take all manner of beasts outside the bounds of the free chace,
out of a park, and within the free chace, and within Acregarth,
hares, foxes, cats, and badgers, which is not now permitted;
the bishop wills and grants that every free man shall have power
to course and take all manner of beasts of venison found outside
the bounds of the free chace, if it be not in a park or unless it
be a chased beast followed by men or dogs out of the chace,
whenever he shall cause chace to be made by himself or by
others in his name; and when he is chacing to take hares, foxes,
cats, or badgers within the said chace, within Acregarth; the bishop
wills and grants that those who are specially enfeoffed by him or
by his predecessors to course there and take such manner of sport
(dedut), may there course and take, saving his venison. |
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Moreover, whereas the free men of the bishopric who were attached
for vert or for venison of the free chace were wont to acquit
themselves by a jury of the country (par bon pais) in all the times
of his predecessors, his ministers have taken and imprisoned
and detained them at their will upon the assertion (par le sur dit)
of a forester, without receiving any compurgation (lei) or taking
any inquisition, and those who were attainted of vert were wont to
be amerced according to the quantity of the trespass, and this by
the suitors of the court of the free chace, his bailiffs have amerced
them at their will without any taxation by the suitors; the bishop
wills and grants that such manner of attachments shall not be
henceforth used for trespass of venison in the said franchise, but
that inquisitions of office shall be taken at the presentment of the
foresters in the court of the said chace by upright men sworn, and
those who shall be indicted by inquisition of trespass of venison
shall be attached to come to the court aforesaid, and they shall
there put themselves on a good inquisition of the country if they
wish to deny the trespass whereof they have been indicted by
inquisition, and if they be attainted of trespass of venison by
inquisition, or if they submit, or wish to confess the trespass
willingly, they shall be punished for the said trespass as is done in
the like case elsewhere in England, and as to vert, if they be
attainted by inquisition or taken with the mainour, they shall be
amerced according to the quantity of the trespass. |
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Moreover, those who used to be attached by bare assertion (pur
surdit) for venison taken in a park, have been wont to acquit themselves by a jury of the country, the bailiffs came and detained them
in prison at their will without taking any inquisition; the bishop
wills and grants that those indicted of such trespasses may acquit
themselves by a good jury, if they be not found with the mainour. |
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Whereas all the men who dwell within the free chace were wont to
have 'husebote' and 'heibote' to burn and to build (edefier), and
to enclose, and to be quit of pannage, which they ought to have had
by right of inheritance (de aunteserie) or by feoffment, and this
was not permitted; the bishop wills and grants that their estate
shall be kept such as it was in the time of his predecessors, and such
as they have and have used by right of inheritance or by feoffment. |
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And that the free men of the free chace shall not be charged with
more foresters than they used to have, and that no ward (garde)
shall be divided into two, and that no forester shall be on
horseback except the two chiefs (mestres), and that the foresters
on foot shall not take sheaves or other things except from lands
at ferms (de fermes), 'grasmen,' or their bondmen (bondes), and
then only as they were wont to take before in the time of his
predecessors; the bishop wills and grants that they shall not take
sheaves or any other things from free tenants or others otherwise
than as they were wont to do in the time of his predecessors. And
as to appointing foresters more or fewer at his will either on foot
or on horseback, this he shall have power to do (ben li list), because
the foresters are at his own cost and the cost of his villeins, and
he wills and grants that those whom he shall put there more than
there used to be, shall take nothing from the country, either sheaves
or other things. |
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Whereas the said community pray that he will redress the beneficial
improvements (les appruements) made within the free chace and
without it, and of their ingresses and egresses stopped, to the
grievous nuisance of the commonalty, in so much that they have not
free ingress or egress or sufficient pasture appurtenant to their free
tenements; the bishop wills and grants that where such improvements made in his time are nuisances so that the men have not
sufficient common, they shall be redressed according to law, and the
king wills that the redress shall be made before Midsummer next. |
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Whereas the wastes, within and without the free chace, were let out
at ferm and were afterwards abandoned (weyvez) through poverty,
the bailiffs came there and took the beasts of the nearest neighbours and levied the ferm from them, contrary to the common
usage of the country; the bishop said that this was not done by
him, and he wills and grants that it shall not be done henceforth. |
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Moreover the men of the commonalty pray that no issues shall be
levied within the aforesaid franchise, but that distresses shall be
levied for default, and the distresses retained, and more to be taken
until the party shall come into court to answer, as has been the
custom from time out of mind; the bishop says that he has not
done, and does not claim to do, otherwise than men do elsewhere
in the realm in the like case. |
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And the bishop wills and grants, for him and for his church and for
his successors, so far as in him lies, that all the things above
granted shall be kept and remain firm and stable to the men of the
said commonalty and to their heirs for ever. |
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And moreover, forasmuch as all the articles and grievances aforesaid
have been agreed upon in a friendly manner, concerning which the
men of the commonalty have released to the bishop in person all
the damages that they have had and received by reason of the
articles aforesaid, the bishop, for the honour and reverence of the
king, who was concerned in this accord, has released to the men all
wrath, hatred, and ill will that he had against them by reason of
the contents aforesaid. |
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In witness whereof he has put his seal to this writing. Dated at York,
19 July, 1303, in the thirty-first year of King Edward. French. [Prynne,
Records, iii, p. 989; enrolled in Registrum Palatinum Dunelmense, iii, p. 61.] |
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Membrane 5d. |
Aug. 23.
Aberdeen. |
Stephen de Bella Aqua acknowledges that he owes to Master William
de Grenefeld, canon of St. Peter's, York, 200 marks; to be levied, in
default of payment, of his lands and chattels in co. York.
Cancelled on payment. |
Aug. 17.
Kincardine. |
To the abbot and convent of St. Edmund's. Whereas the king lately
requested them by his letters to admit into their house Roger le Ussher
with two horses and two grooms, and to find him in food and clothing
and other necessaries for his life, and they have written back praying the
king to spare them on this occasion, as their house is charged with
William de Camera, the king's serjeant, by like request of the king: the
king, bearing in mind the said charge, again requests them to admit
Roger into their house with at least one horse and one groom, and to find
them their necessaries, according to the king's former order, making to
Roger letters sealed with their common seal as to this. As their house
is charged with the said William at the king's request, he will in recompence for that charge discharge them of Roger's second horse and second
groom mentioned in his former letters. They are desired to write back
by the bearer what they shall have caused to be done in this matter.
[Prynne, Records, iii, p. 1011.] |
Aug. 27.
Aberdeen. |
Richard le Spenser of Beverley came before the king, on Tuesday after
St. Bartholomew, and sought to replevy his and his wife Mabel's land in
Beverley, which was taken into the king's hands for their default in
the king's court against Maud de Waddeworth. This is signified to the
justices of the Bench. |
Aug. 7.
Brechin. |
Stephen Meeu is sent to the abbot and convent of Rammeseye.
By p.s. [3370.] |
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The abbot and convent afterwards excused themselves, and Stephen was sent
to the abbot and convent of Peterborough. By p.s. |
Aug. 28.
Aberdeen. |
The abbot of Byland acknowledges that he owes to Simon Gwidi
and Peter Regalet and their fellows, merchants of the society of Mark
Reyner of Florence, 116 marks; to be levied, in default of payment, of his
lands and chattels in co. York.
Cancelled on payment. |
